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2022-11-22 - AGENDA REPORTS - RESID SOLID WASTE AGMT TESORO
O Agenda Item: 7 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: A,1 A11�44-1) DATE: November 22, 2022 SUBJECT: APPROVAL OF A RESIDENTIAL CONTINUATION RIGHTS SOLID WASTE SERVICE AGREEMENT FOR THE PROPOSED ANNEXATION AREA OF TESORO DEL VALLE DEPARTMENT: Neighborhood Services PRESENTER: Darin Seegmiller RECOMMENDED ACTION City Council adopt a resolution approving an agreement for the continuation rights for residential solid waste collection for the Tesoro Del Valle annexed area of Santa Clarita; and approve and authorize the City Manager or designee to execute a continuation rights residential solid waste agreement with Burrtec Waste Industries, Inc., for the proposed annexation area of Tesoro Del Valle, subject to City Attorney approval. BACKGROUND The California Public Resources Code (PRC) governs the continuation of solid waste services after an annexation and grants the preexisting service provider the option to continue servicing the given area. This applies to the City of Santa Clarita's (City) proposed annexation of Tesoro Del Valle, anticipated to be recorded in November 2022. Burrtec Waste Industries, Inc. (Burrtec), provides residential trash hauling service to the area, pursuant to their Exclusive Residential Franchise Agreement with Los Angeles County (County), which expires on October 31, 2025. Burrtec has a right, pursuant to PRC Section 49520, to continue providing residential service to the Tesoro Del Valle area for the remainder of the term of the Exclusive Residential Franchise Agreement with the County or the duration of five years, whichever is less. In the attached letter, dated August 30, 2022, Burrtec indicated that it will exercise this right. If approved, the proposed Residential Continuation Rights Agreement for the Tesoro Del Valle area will commence December 1, 2022, and remain in effect until October 31, 2025. After that time, the City's future exclusive residential provider, Burrtec, will assume responsibility of services under the recently adopted Santa Clarita Franchise Agreement, which will take effect on Page 1 Packet Pg. 38 O July 1, 2023. Other important conditions of the proposed Residential Continuation Rights Agreement include the following: A requirement that Burrtec provide a transition plan six months prior to the termination of the Continuation Rights Agreement, detailing how residents will be notified of the change of services in accordance to the newly adopted Santa Clarita Franchise Agreement with Burrtec; and • Permission for Burrtec to commingle residential routes in the newly annexed area with the adjacent unincorporated areas until the newly adopted Santa Clarita Franchise Agreement takes effect. Burrtec will be required to use standard industry practices to accurately allocate disposal tonnages to each jurisdiction. This is necessary to ensure the City is only credited for residential waste generated within its boundaries. The recommended action is exempt from California Environmental Quality Act (CEQA) in that adoption of the existing franchise agreement, within the newly annexed areas, will not result in any change to the environment, in accordance with Section 15061(b)(3). Therefore, no further consideration under CEQA is required. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT The City will receive additional Solid Waste Franchise revenues of approximately $42,000 annually as a result of the annexation of the Tesoro Del Valle area. ATTACHMENTS Resolution Burrtec Continuation Rights Request Letter Continuation Rights Agreement (available in the City Clerk's Reading File) Page 2 Packet Pg. 39 7.a RESOLUTION NO. 22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING AN AGREEMENT FOR THE CONTINUATION RIGHTS FOR RESIDENTIAL SOLID WASTE COLLECTION FOR THE TESORO DEL VALLE ANNEXED AREA OF SANTA CLARITA, BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC. WHEREAS, the City of Santa Clarita (City) is empowered under Section 7 of Article 11 of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, in partial implementation of Section 7 of Article 11 of the California Constitution, California Public Resources Code Section 40059 authorizes the City to determine all aspects of handling of solid waste that are of local concern, including the frequency of collection, means of collection and transportation, level of services and nature, location, and extent of waste handling services; and WHEREAS, on November 12, 2019, the City adopted a resolution approving Master Case No. 19-115, adopting a Negative Declaration and authorizing the City Manager, or designee, to submit an application to the Local Agency Formation Commission requesting annexation of approximately 1,786 acres of land to the City of Santa Clarita for the Tesoro Del Valle Annexation Area; and WHEREAS, on August 23, 2022, the City adopted a supplemental joint resolution and associated transfer agreements between the City and the County of Los Angeles (County) for the proposed Tesoro Del Valle annexation area; and WHEREAS, it is anticipated that the recordation of the Tesoro Del Valle annexation will be completed by the end of November 2022, the area is as shown in Exhibit A; and WHEREAS, Burrtec Waste Industries, Inc. (Burrtec) was awarded an Exclusive Franchise Contract (Contract) from the County of Los Angeles on October 16, 2018, with amendments on August 25, 2020, December 29, 2020, June 15, 2021, and July 21, 2022, (Amendments) to provide solid waste services to residential premises located within the proposed Tesoro Del Valle Annexation Area; and WHEREAS, Burrtec has asserted continuation rights under Section 49250 et seq., of the California Public Resources Code to continue to provide residential waste services as prescribed in the October 16, 2018, County Franchise Agreement, and subsequent Amendments, which are substantially similar to the City residential waste services in the Annexed Area until October 31, 2025. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: Page 1 of 2 Packet Pg. 40 7.a SECTION 1. The "AGREEMENT FOR THE CONTINUATION RIGHTS FOR RESIDENTIAL SOLID WASTE COLLECTION FOR THE TESORO DEL VALLE ANNEXED AREA OF SANTA CLARITA" is hereby approved. The City Manager is hereby authorized to execute the Agreement on behalf of the City, subject to City Attorney approval. SECTION 2. Burrtec will be allowed to commingle residential routes in the newly annexed area with the adjacent unincorporated areas until the newly adopted Santa Clarita Franchise Agreement takes effect. Burrtec will be required to use standard industry practices to accurately allocate disposal tonnages to each jurisdiction. SECTION 3. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 22"d day of November 2022. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 22- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 22"d day of November, 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Page 2 of 2 CITY CLERK Packet Pg. 41 7.a EXHIBIT A „ .................EXHIBIT A i r t t J 1 �,.... i•-. I � I I i I.. �.. �. /RANCISO4a70 OrENSPACE s ifit'" �'.7' .t �„ter, �. � ,- i •+t 'i • 1 !� � Tesoro del Valle " tr Annexation Boundary ..__ �-.°•` <`f"�_ Vicinity Map Boundary cty-OvAod Prop*rty I1 Par[al ou6nas pry ti + Cary of Santa r'arQeKXCW a Go,sy rt 6ersAtWWS M ngplsreSe"d s d,13 G Gant! Boundary Thefsareacurtado"retw&,*, Mo t+• ��t 4 �t..t it Cary of Santa .*aM%"CvofW+gcauaa&"Jrwsne aceeytwa+ty4.W$&&-" ft � --•L L1 Clanta Soam of A Influent• awcxti_ CTbr Coy% lOor�wneanara:u,+e.rv.r..,. r Q Packet Pg. 42 7.b 4D URRTEC "We'll Take Care Of It" August 30, 2022 Mr. Darin Seegmiller City of Santa Clarita 23920 Valencia Blvd Santa Clarita, CA 91355 RE: Pending City of Santa Clarita Annexations of Tesoro Ranch Area Dear Mr. Seegmiller: Burrtec will exercise its continuation rights, in accordance with Public Resources Code Section 49520- 49521, with the residential serviced customers that are to be annexed by the City of Santa Clarita. These services are currently under contract with the County of Los Angeles through October 31, 2025. In our ongoing partnership with the City, Burrtec requests to have the County contract amended by resolution to suit both the City and Burrtec and have it administered by the City for the continuation period in the annexation area. The appropriate franchise fees will be remitted to the City, as will the pertinent service and solid waste generation and diversion tonnage reports. It is our intent, as in the other annexed areas, to continue providing quality service while providing the benefits under the City's residential program. Please contact me if you have any questions regarding the annexation plan or the transition plan timeline as previously submitted. Thank you, Dennis Verner General Manager, Santa Clarita Cc: Laura Jardine, City of Santa Clarita Curtis Williams, City of Santa Clarita Steve Milewski, Los Angeles County 26000 Springbrook Avenue, Unit 101, Saugus CA 91350 Packet Pg. 43 AGREEMENT FOR THE CONTINUATION RIGHTS FOR RESIDENTAIL SOLID WASTE COLLECTION FOR THE TESORO DEL VALLE ANNEXED AREA OF SANTA CLARITA This Exclusive Franchise Continuation Rights Agreement ("Agreement") is entered into as of , 2023 ("Effective Date") by and between the City of Santa Clarita, a California municipal corporation (the "City") and Burrtec Waste Industries, Inc., a California corporation, ("Franchisee"), who agree as follows: 1. Recitals. This Agreement is made with reference to the following facts and circumstances: (a) On October 16, 2018, Franchisee entered into an exclusive franchise agreement with the County of Los Angeles ("County") for solid waste management services in the unincorporated territory of the County, including the unincorporated portions of the Santa Clarita Valley, which agreement was subsequently amended on August 25, 2020, December 29, 2020, June 15, 2021 and July 21, 2022 (collectively, the agreement and the four amendments are referred to herein as the "County Franchise"). The agreement and subsequent amendments are provided in the attached Exhibit 1. (b) The County Franchise is an open market competitive agreement that sets forth, among other things, certain terms and conditions that Franchisee must comply with in providing solid waste management services. The termination date of the County Franchise is October 31, 2025. (c) On November 30, 2022, a portion of the service area described in the County Franchise will be annexed into the City (the "Annexed Area.") The Annexed Area is described in the attached Exhibit 2. (e) On August 30, 2022, Franchisee gave City notice of its intent to exercise its continuation rights pursuant to Public Resources Code Section 49520 under the terms of the County Franchise. (f) On June 14, 2022, the City awarded an exclusive franchise for both residential and commercial solid waste services to Burrtec, and service under that franchise will begin on July 1, 2023 ("City Franchise"). (g) Pursuant to Section 1.A.2 of the County Franchise provides that the County Director of Public Works shall remove any areas annexed into the City from the service area of the County Franchise, effective as of the date of such annexation. (h) The City and Franchisee both desire that Franchisee continue to provide solid waste handling services the Annexed Area pursuant to the terms and conditions in the County Franchise until the expiration of the term of this Agreement, with some limited amendments. (i) This Agreement will ensure that Franchisee provide solid waste handling services in the Annexed Area in compliance with the terms and conditions of the County Franchise, with certain amendments that are consistent with City standards, until the expiration of the term of this Agreement. This will guarantee consistency and will improve uniformity of service in the Annexed Area during the term in which the Franchisee has the right to continue to provide such services, after which time Franchisee shall provide continued services pursuant to the terms of the City Franchise. 2. Agreement. The City and the Franchisee agree that Franchisee will continue to provide solid waste handling services in the Annexed Area pursuant to, and bound by, the terms and conditions of the County Franchise for the Term (as defined below) of this Agreement, with the following amendments: (a) Any reference to the "County", "Los Angeles County", the "Los Angeles County Department of Public Works", or the "Director of the Los Angeles Department of Public Works" in the County Franchise shall mean "City", unless such reference pertains to a County municipal code section. (b) Any reference to "Service Area" shall mean the Annexed Area. (c) The Franchise Fee to be paid to the County pursuant to Section 1.E. shall instead be paid to the City in the amount and manner established by the County Board of Supervisors as of the Effective Date of this Agreement. (d) Any other fees or amounts to be paid by the Franchisee to the County under the terms of the County Franchise shall instead be paid to the City. (e) Franchisee shall provide all proof of insurance and bonds required by the Agreement to and in favor of the City. (f) Franchisee may commingle, in its vehicles or otherwise, any solid waste that it collects outside the annexed area, until such time as the newly adopted City Franchise takes effect (July 1, 2023). Franchisee will be required to use standard industry practices to accurately allocate disposal tonnages to each jurisdiction. (g) Task 2 services shall not be provided unless specifically requested/required by City. This includes, but is not limited to homeless encampment clean up, and illegal dumping. (h) Section 11.B Emergency Assistance (Contract Services) shall be deleted in its entirety. 2 (i) Exhibit 3A1, page 19, item H.8 Director's Fund shall be deleted in its entirety. (j) Exhibit 5, Part 12, Section F. County Code Section 2.160.010 will be replaced by Santa Clarita Municipal Code Section 7.03.010. (k) Any reference to Director in the County Franchise shall instead mean Director of Neighborhood Services. 3. Term and Termination. Notwithstanding any provision of the County Franchise, the term of this Agreement begins on the Effective Date and terminates on October 31, 2025. Nothing in this Agreement in any way extends or expands any continuation rights Franchisee may have as of the Effective Date. This Agreement will terminate as of the termination date set forth in this paragraph, unless terminated earlier as set forth in the County Franchise. Further, neither this Agreement, the County Franchise or any continuation rights shall be extended due to any failure of the City to notify Franchise of the intent not to extend the Agreement as described in section 2.A.6 of the County Franchise. IN WITNESS WHEREOF, the Parties enter into this Agreement as of the date first written above. BURRTEC WASTE INDUSTRIES, INC. IN IN CITY OF SANTA CLARITA By: Kenneth W. Striplin City Manager ATTEST: 3 By: Mary Cusick City Clerk APPROVED AS TO FORM: By: Joseph M. Montes City Attorney EXHIBIT 1 (County Franchise Agreement, Including Amendments 1-4) WARK PES-BELLA. Cire ctcr October 16, 2018 O- :STY OF LOS A ELES DEP T iE `T OF PUBLIC WORKS `Fu Ennch Lrves Through Etfeawe aM Canng Ser me` 970SOUTH FREMONT AVEN U E ALHAMBRA,C,A.LIFORNIA9i1 ''== Telephone (CM 4-W100 htt p: i id par. lam u My. go v The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California 90012 Dear Supervisors: ADOPTED BOARD OF SUPERVISORS COUNTY OF LOS ANGELES 32 October 16, 2018 CELWZAVALA EXECUTIVE OFFICER AMMS ALL CORRESKNMENa TO F 4 Box 14M _URA XML-� 91 M2-14M IN REPLY PLEASE REFER TO FILE SERVICES CONTRACT ENVIRONMENTAL SERVICES CORE SERVICE AREA AWARD AN EXCLUSIVE FRANCHISE CONTRACT FOR RESIDENTIAL PROPERITES AND CERTAIN MULTIFAMILY AND COMMERCIAL PROPERTIES FOR THE UNINCORPORATED AREA OF SANTA CLARITA VALLEY (SUPERVISORIAL DISTRICT 5) (3 VOTES) SUBJECT Public Works is seeking Board approval to make environmental findings under the California Environmental Quality Act, award an exclusive franchise contract for residential properties and certain multifamily and commercial properties in the unincorporated area of Santa Clarita Valley to provide the collection of refuse, green waste, recyclables, and manure from carts; and the collection of solid waste discarded in public rights of way within this unincorporated area of Santa Clarita Valley, and emergency services. I119R20*ois]►ail►h14ki174Bib 11:I_,i11:l:1 47_10DIP 1. Find that the award of the exclusive franchise contract for the unincorporated area of Santa Clarita Valley is within the scope of the previously adopted Negative Declaration as amended by the adopted Addendum for the Franchise Agreements for Residential Solid Waste Collection Services in unincorporated communities in the County of Los Angeles. 2. Find that the health, safety, and welfare of the public require that the County award an exclusive franchise contract for the collection of solid waste from carts for the unincorporated area of Santa Clarita Valley. The Honorable Board of Supervisors 10/16/2018 Page 2 3. Award an exclusive franchise contract for the unincorporated area of Santa Clarita Valley to Burrtec Waste Industries, Inc., consisting of two separate tasks: Task 1 Customer Service, to provide refuse, recyclables, green waste, and manure collection from carts; and Task County Service, consisting of collection of solid waste discarded in public rights of way and emergency services to remove uncollected solid waste anywhere in Los Angeles County or adjacent counties, which contract shall be effective upon execution by both parties. The solid waste collection services will start on or after November 1, 2018, for a term of 7 years, with two 2-year renewal options and month -to -month extensions up to 6 months, for a potential total contract period of 11 years and 6 months. The initial monthly rate per customer for Task 1 Customer Service will be $22.72, which includes a 10 percent franchise fee. Task 2 County Service will be for an initial annual contract sum not to exceed $124,493 based on Public Works' annual utilization of the County services (at an initial rate of $32.40 per incident of abandoned waste collected) with a potential maximum contract sum of the initial term of $871,451, and $124,493 annually for the option years plus rate adjustments for cost -of -living adjustment, fuel costs, diversion/disposal fees, and changes in law, as authorized by the contract. 4. Authorize the Director of Public Works or his designee to allow the contractor to increase the customer's monthly rate for each area for Task 1 Customer Service and Task County Service, subject to the terms of the contract for increased contractor expenses related to cost -of -living adjustment, fuel costs, diversion/disposal fees up to 55 percent over the 11-year contract, and for increases by up to 10 percent annually for applicable changes in law. 5. Authorize the Director of Public Works or his designee to increase the maximum contract amount for Task County Service by up to 10 percent of the annual contract sum for Task County Service for unforeseen, additional work within the scope of the contract, if required. 6. Authorize the Director of Public Works or his designee to increase the maximum contract amount for Task County Service by up to 50 percent of the total contract sum for Task County Service for emergency services within the scope of the contract, if required. 7. Authorize the Director of Public Works or his designee to execute one franchise contract with Burrtec Waste Industries, Inc., for the area of Santa Clarita Valley; to take all the necessary and appropriate steps to carry out these contracts; to renew these contracts for each additional renewal option if, in the opinion of the Director of Public Works or his designee, the contractor has successfully performed during the previous contract period; to approve and execute amendments to incorporate necessary changes within the Task 1 Customer Services and Task 2 County Services specifications; and to suspend work if, in the opinion of the Director of Public Works or his designee, it is in the best interest of the County of Los Angeles to do so. PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The purpose of the recommended actions are to find that the award of the exclusive franchise contract for the unincorporated area of Santa Clarita Valley is within the scope of the previously adopted Negative Declaration and Addendum prepared under the California Environmental Quality Act and are necessary to protect the health, safety, and welfare of the public; to award the franchise contract that provides Task 1 Customer Service, consisting of weekly, fully automated, separate collection in carts, processing, disposal of refuse, commingled recyclable materials, green waste, and manure generated by single family residences, duplexes, and multifamily and commercial properties upon request; and Task 2 County Service consisting of cleanup, collection, transportation, The Honorable Board of Supervisors 10/16/2018 Page 3 disposal, and management of abandoned waste or discards from all alleys, specified public curbside receptacles and in public rights of way and provide emergency services to remove uncollected solid waste anywhere in Los Angeles County or adjacent counties; and various actions related to the award, execution, implementation, and extensions of the franchise contract. The existing franchise contract for Santa Clarita is with Burrtec Waste Industries, Inc., and is set to expire on October 31, 2018, which was a 7-year contract with three 1-year extensions, for a total of 10 years. The proposed new franchise contract will be effective upon execution, with solid waste services set to begin on November 1, 2018. Implementation of Strategic Plan Goals The County Strategic Plan directs the provisions of Strategy 11.3, Make Environmental Sustainability our Daily Reality, and Strategy 111.2. Embrace Digital Government for the Benefit of our Internal Customers and Communities. The recommended actions will address global climate change and encourage a reduction in waste generation while promoting recycling and waste reduction practices and the actions will also use technology to share solid waste -related data. FISCAL IMPACT/FINANCING There will be no impact to the County General Fund. The proposed monthly rate per customer for Task 1 Customer Service, which includes a 10 percent franchise fee, and the annual contract amount for Task 2 County Service are as follows: • Task 1 Customer Service Monthly Rate = $22.72 • Task 2 County Service Annual Amount Sum = $124,493 Upon approval by the Board, the franchise fee resulting from Task 1 Customer Service will generate an estimated $246,230 revenue from the contract for Fiscal Year2018-19 based on the commencement of service on November 1, 2018. The franchise fee will provide the necessary funds to administer the franchise and provide enhanced services for the unincorporated area of Santa Clarita Valley. Administration includes the release and award of the contract, complaint resolution, outreach material creation and review, and contractor compliance monitoring. Enhanced services include abandoned waste collection, expanded educational outreach, site visits to increase diversion, and increased enforcement of illegal dumping violations. This revenue is included in the Solid Waste Management Fund Fiscal Year2018-19 Budget and will be included through the annual budget process for the remaining contract years. The maximum contract amount for Task County Service may be adjusted by up to 10 percent of the annual contract sum for any unforeseen, additional work within the scope of work of the contract, if required. It may also be adjusted by up to 50 percent of the total contract sum for Task County Service to be used for emergency services within the scope of work of the contract, if required. The rates may be adjusted up to a total maximum amount of 35 percent of the rates over the initial 7-year period or 45 percent and 55 percent at the first and second optional renewal years, respectively, if applicable. The adjustments are to allow for cost -of -living adjustments, fuel cost adjustments, and solid waste facility fee adjustments. Task 2 County Services will be paid from the Road Fund, or by supplemental sources of funding including, but not limited to, bond funding and/or other State or Federal assistance as appropriate to offset costs to the County for services provided. The County will deposit funds into the Road Fund to The Honorable Board of Supervisors 10/16/2018 Page 4 pay for those activities related to the cleanup, collection, transportation, disposal, and management of discards from the public road rights of way from all alleys and specified public curbside receptacles within the service area. Task 1 Customer Service and Task2 County Service rate adjustments authorized by the contract are as follows: First, a rate adjustment increase on July 1, 2018, and annually thereafter is allowed based on annual changes in the Consumer Price Index, fuel adjustments, and/or solid waste facility fees. The rate adjustment increase is allowed up to 55 percent over the 11-year contract. Second, an increase of the maximum contract amount is allowed due to unforeseen, additional work within the scope of the contract, up to 10 percent per year and an increase for emergency services within the scope of the contract, up to 50 percent of the total contract amount for Task 2 County Service. Third, a rate adjustment increase of the maximum contract amount is allowed due to applicable changes in law, up to 10 percent per year. Funding for Task County Service is included in the Road Fund Fiscal Year2018-19 Budget. The Road Fund will be reimbursed by the Solid Waste Management Fund. Funds from the Solid Waste Management Fund to pay for Task 2 County Service shall not exceed 30 percent of franchise fee payments received during the fiscal year. Funds for the contracts' future years; 10 percent additional funding for unforeseen, additional work; and 50 percent additional funding for emergency services within the scope of the contract, if required, will be requested through the annual budget process. In the event of an emergency and the County directs the contractor to provide solid waste collection assistance to other areas within Los Angeles County including cities, or adjacent counties and their cities, other funds, including those from other jurisdictions, may be used in order to extend services into those areas. Streets and Highways Code, Section 953, requires that the costs for cleanup, collection, transportation, disposal, and management of discards from alleys and public curbside receptacles be paid from the Road Fund Budget. Although the Road Fund must pay for these services, other funds available to pay for such services may be placed in the Road Fund. FACTS AND PROVISIONS/LEGAL REQUIREMENTS Title 20 — Utilities, of the Los Angeles Code, Section 20.70.020, authorizes the Board to award a nonexclusive, partially exclusive, or wholly exclusive franchise for certain solid waste handling services for any given geographic area of the unincorporated territory of the County. As consideration for the grant of a franchise awarded as provided in Section 20.70.020, the contractor shall pay a franchise fee to the County in such amount as may be determined by the Board, expressed as a percentage of the monthly gross receipts of the contractor arising from the use, operation, or possession of the franchise. The recommended contractor is Burrtec Waste Industries, Inc., located in Fontana, California. This franchise contract is effective upon execution by the respective party. The solid waste collection services are anticipated to start on or after November 1, 2018, and will terminate 7 years from the commencement of collection services, with two 2-year renewal options and month -to -month extensions up to 6 months, for a potential total contract period of 11 years and 6 months. The franchise contract will be in the form substantially similar to the form previously reviewed and approved by County Counsel (Enclosure A). Prior to the Director of Public Works executing the franchise contract, the contractor will sign and County Counsel will review it as to form. The recommended contract with Burrtec Waste Industries, Inc., was solicited on an open -competitive basis and in accordance with applicable Federal, State, and County requirements. The franchise contract contains terms and conditions in compliance with the Board's ordinances, The Honorable Board of Supervisors 10/16/2018 Page 5 policies, and programs. The standard Board directed clauses that provide for contract termination or renegotiation apply only to Task County Service. Enclosure B reflects the contractor's minority participation. Data regarding the proposer's minority participation is on file with Public Works. The contractor was selected upon final analysis and consideration without regard to race, creed, gender, or color. The Request for Proposal (RFP) for this contracted service was not submitted to any union for review since no Public Works classifications were impacted. Public Works has evaluated and determined that the Living Wage Program (Los Angeles County Code, Chapter 2.201) does not apply to these recommended contracts. Task 1 Customer Service is not subject to Proposition A, as authority to award the franchise contracts for solid waste handling services is expressly provided by statute. Task 2 County Service is required on an as -needed and intermittent basis; hence, these contracts are not subject to Proposition A contracts (Los Angeles County Code, Chapter2.121). In addition, the City of Santa Clarita has started the process to annex portions of the service area known as Plum Canyon, Skyline Ranch, and North Sand Canyon, as shown in Enclosure C. The franchise contract provides that if the City of Santa Clarita annexes a portion of the service, said annexed portions will be eliminated from the service area, on the date that the annexation becomes effective. Burrtec Waste Industries, Inc., and the City of Santa Clarita have agreed to provide the collection of refuse, green waste, recyclables, and manure from carts to the newly incorporated area effective the date of the annexation. If the City of Santa Clarita annexes an additional portion of the service area after 2018, the same methodology will be followed by replacing the service area map with new map that reflects deletion of the annexed area. ENVIRONMENTAL DOCUMENTATION In 2008, an Initial Study was prepared for the award of the exclusive franchise contracts to provide residential solid waste collection services in specific unincorporated areas, which were prepared in compliance with California Environmental Quality Act (CEQA). The Initial Study showed there is no substantial evidence that the project may have a significant effect on the environment. Based on the Initial Study, a Negative Declaration (ND) was prepared and adopted by the Board on November 20, 2007. In accordance with Sections 15162 and 15164(b) of the State CEQA Guidelines, an Addendum to the previously adopted ND was prepared for solid waste collection activities, since there are only minor changes to the previously approved franchise contract that do not result in any significant effect on the environment, and there have been no substantial changes or new information regarding the previously approved project due to new or substantially more severely significant effects or to the circumstances under which the activities will be undertaken. The Addendum was adopted by the Board on January 30, 2018. The recommended action is within the scope of the project in the previously adopted ND and Addendum, and there have been no changes to the project or the circumstances under which it is proposed that necessitate preparation of further documentation under CEQA. Upon the Board's approval of the recommended actions, Public Works will file a Notice of Determination with the County Clerk in accordance with Section 21152 of the California Public Resources Code. CONTRACTING PROCESS On February 1, 2018, a notice of the Request for Proposals (RFP) was placed on the County's The Honorable Board of Supervisors 10/16/2018 Page 6 "Doing Business With Us" website (Enclosure D), Public Works' "Business Opportunities" website, Twitter, and an advertisement was placed in the Los Angeles Daily Journal, Los Angeles Sentinel, and La Opinion Advertisement. Also, Public Works informed 1,531 Local Small Business Enterprises, 125 Disabled Veteran Business Enterprises, 55 Social Enterprises, and 158 independent contractors, various business development centers, and municipalities about this business opportunity. On April 4, 2018, three proposals were received for the Santa Clarita Valley area. The proposals were first reviewed to ensure they met the minimum requirements in the RFP. All proposals having met these requirements were then evaluated by an evaluation committee consisting of Public Works staff. The evaluation was based on criteria described in the RFP, which included proposed net rate for Task 1 Customer Service; proposed annual price for Task 2 County Service; experience, work plan, references, disputes, actions, contests, debarments, and environmental history; and utilizing the Informed Averaging methodology for applicable criteria. Based on these evaluations, it is recommended that this franchise contract be awarded to the highest -rated, apparent responsive, and responsible proposer Burrtec Waste Industries, Inc., located in Fontana, California, for the unincorporated area of Santa Clarita Valley. IMPACT ON CURRENT SERVICES (OR PROJECTS) This franchise contract will provide improved waste collection services for this community. CONCLUSION Please return one adopted copy of this Board letter to the Department of Public Works, Environmental Programs Division. Respectfully submitted, MARK PESTRELLA Director MP:CS:td Enclosures c: Chief Executive Office (Chia -Ann Yen) County Counsel (Talin Halabi) Executive Office ENCLOSURE A CONTRACT BETWEEN THE COUNTY OF LOS ANGELES /G\III IQ BURRTEC WASTE INDUSTRIES, INC. FOR PROVISION OF REFUSE, RECYCLABLES, AND GREEN WASTE CART SERVICES TO OCCUPANTS AT RESIDENTIAL PREMISES AND CERTAIN MULTIFAMILY AND COMMERCIAL PREMISES (TASK 1) ►-A041Q ABANDONED WASTE COLLECTION SERVICES AND MAINTENANCE OF PUBLIC RECEPTACLES (TASK 2) FOR THE SERVICE AREA OF Santa Clarita Valley WITH A SERVICE COMMENCEMENT DATE AS EARLY AS November 1, 2018 TABLE OF CONTENTS FOR THE EXCLUSIVE FRANCHISE CONTRACT FOR THE AREA OF SANTA CLARITA VALLEY (2018-FA015) SECTION 0 - RECITALS: ........................................................................................................................ 0-1 SECTION 1 - GRANT OF RIGHTS AND PRIVILEGES TO PROVIDE TASK 1 SERVICES ... 1-4 A. Grant of Rights................................................................................................1-4 B. Exclusions from Service..................................................................................1-5 C. Exclusions from Exclusivity .............................................................................1-7 D. Definition of Rights..........................................................................................1-7 E. Fees to COUNTY............................................................................................1-8 F. Privacy (Contract Services) ............................................................................1-8 G. Ownership of Solid Waste...............................................................................1-9 SECTION 2 - TERM OF CONTRACT .................................................................................................2-10 A. Term of Contract Services............................................................................ 2-10 B. Obligations Upon Expiration or Termination of CONTRACT ......................... 2-11 C. Undepreciated Assets...................................................................................2-13 SECTION 3 - SCOPE OF SERVICES AND SPECIFICATIONS (Contract Services) ...... 3-14 A. Prescribed Scope..........................................................................................3-14 B. Change in Scope of Services........................................................................ 3-14 C. CONTRACTOR Documentation (Contract Services)....................................3-15 SECTION 4 - SERVICE STANDARDS...............................................................................................4-17 A. Public Health and Safety; Nuisances (Contract Services)............................4-17 B. Private Property (Task 1 Services)...............................................................4-18 C. Non -Collection (Contract Services)...............................................................4-19 D. Nondiscrimination.........................................................................................4-21 E. CONTRACTOR Waste Reduction Practices (Contract Services) ................. 4-21 F. Customer Correspondence and Other Materials (Task 1 Service) ...............4-21 G. Publicity and News Media Relations.............................................................4-21 H. Responsiveness to County (Contract Services)............................................4-22 I. No Commingling of Solid Waste...................................................................4-23 J. Key Personnel (Contract Services)...............................................................4-23 K. Uniforms (Contracts).....................................................................................4-24 L. Confidentiality (Contracts).............................................................................4-24 M. Single -Pass Collection (Task 1)....................................................................4-24 SECTION 5 - ADDITIONAL PERFORMANCE OBLIGATIONS..................................................5-26 SECTION 6 - CUSTOMER SERVICE (Task 1 Services)................................................................6-27 Santa Clarita Valley SECTION 0-ii page A. Facilities........................................................................................................6-27 B. Telephone Service........................................................................................6-27 C. Paperless/Electronic Information and Services.............................................6-28 D. Responses to Customer Complaints and Other Correspondence ................ 6-30 E. Service Interruption.......................................................................................6-31 F. Responsiveness to Customer.......................................................................6-32 G. Setting Up or Terminating Service................................................................ 6-32 SECTION 7 - SERVICE FEES AND BILLING...................................................................................7-33 A. Customer Service Fees................................................................................ 7-33 B. Customer Invoice and Payment....................................................................7-35 C. County Service Fees..................................................................................... 7-37 SECTION 8 - WASTE CHARACTERIZATION STUDY..................................................................8- 4 A. Participate with County Study.......................................................................8-44 B. Perform Study...............................................................................................8-44 SECTION 9 - RECORDS......................................................................................................................9-45 A. Record Maintenance and Retention.............................................................. 9-45 B. County Custody............................................................................................ 9-45 C. Inspection and Review of Records................................................................9-46 D. Copies of Audits............................................................................................ 9-46 E. Submission of Records.................................................................................9-47 F. Public Record Request................................................................................. 9-47 SECTION 10 - REPORTS.....................................................................................................................10-48 A. Types and Content......................................................................................10-48 B. Submission of Reports................................................................................10-50 C. Reporting Adverse Information...................................................................10-50 D. County's Right to Request Information.......................................................10-51 SECTION 11 - SUBSTITUTE, EMERGENCY AND BACK-UP SERVICE..................................11-52 A. Director's Right to Provide Contract Services.............................................11-52 B. Emergency Assistance (Contract Services)................................................11-54 C. Backup Service Plan...................................................................................11-54 D. Use of Goods, Services and Property.........................................................11-55 SECTION 12 - ENFORCEMENT OF CONTRACT..........................................................................12-57 A. As Provided by Law....................................................................................12-57 B. COUNTY's Additional Remedies................................................................12-57 C. Injunctive Relief..........................................................................................12-57 D. Recovery of Damages................................................................................12-58 E. County's Reimbursement Costs..................................................................12-60 F. Waiver.........................................................................................................12-60 SECTION 13 - UNPERMITTED WASTE SCREENING AND REPORTING (Contract Services)13-61 A. Protocol.......................................................................................................13-61 B. Prohibition on Collection.............................................................................13-61 Santa Clarita Valley SECTION 0-iii page C. Notice to Director........................................................................................13-61 D. Labels.........................................................................................................13-61 SECTION 14 - EXECUTION OF CONTRACT..................................................................................14-62 A. Execution in Counterparts...........................................................................14-62 B. Authority to Execute....................................................................................14-62 SECTION 15 - PERFORMANCE ASSURANCE..............................................................................15-63 A. Performance Bonds, Other Securities.........................................................15-63 B. Further Assurances.....................................................................................15-64 SECTION 16 - CONTRACT SERVICE AREA INFORMATION.....................................................16-66 A. Maps...........................................................................................................16-66 B. Sample Graphics........................................................................................16-66 C. Data............................................................................................................16-66 D. Outreach.....................................................................................................16-66 E. SWIMS........................................................................................................16-67 Santa Clarita Valley SECTION 0-iv page THIS CONTRACT is made and entered into on , 2018, by and between COUNTY of Los Angeles Board of Supervisors, acting in their capacity as the governing body COUNTY of Los Angeles (COUNTY), and Burrtec Waste Industries, Inc., a Corporation registered in the State of California (CONTRACTOR). RECITALS: Purpose. To limit the wear and tear on COUNTY streets, reduce pollution from Collection Vehicle exhaust, increase customer service accountability, ensure compliance with Federal, State, and local laws, including Assembly Bill (AB) 939, by improving program implementation performance and reporting accuracy, and facilitate more efficient CONTRACT administration and enforcement by COUNTY staff. Solid Waste Haul Permits. County of Los Angeles Department of Public Health issued permits to haulers for the hauling of solid waste with requirements to protect public health and safety, including frequency of Collection and Collection Vehicle maintenance. CONTRACTOR shall continue to obtain that permit and comply with all its provisions; and Mandatory Solid Waste Diversion. The State of California has found and declared that the amount of solid waste generated in California coupled with diminishing landfill space and potential adverse environmental impacts from land filling have created an urgent need for State of California and local agencies to enact and implement an aggressive, new integrated waste management program. Through enactment of AB 939, the State of California has directed agencies, such as COUNTY to Divert 50 percent of all solid waste through source reduction, recycling, and composting activities. The California Department of Resources Recycling and Recovery (CalRecycle) had granted COUNTY a time line to achieve compliance with the AB 939 Diversion requirements to which COUNTY had met. Continued compliance is based in part on executing and implementing this CONTRACT to secure cooperation with CONTRACTOR'S AB 939 waste Diversion programs, record keeping, and reporting; and County Waste Management Plan. COUNTY Board of Supervisors adopted the Roadmap to a Sustainable Waste Management Future in 2015. It is a comprehensive plan for a waste free future, and is a proactive approach to developing innovative policies for managing waste that further reduces COUNTY's reliance on landfills. It established the following intermediate and long-term disposal reduction targets: 80 percent Diversion from landfills by 2025, 90 percent Diversion from landfills by 2035, and at least 95 percent Diversion from landfills by 2045; and Task 1: Waste Discarded in Containers. COUNTY'S Director has determined to provide for Municipal Solid Waste (MSW) Management Services in portions of COUNTY under the terms of this CONTRACT for reasons including the following: • To assist residents and certain businesses located in the Service Area that discard solid waste in carts to receive quality MSW Management Services, and To provide COUNTY with programs, records, and reports that will help COUNTY comply with AB 939 and other laws. Santa Clarita Valley SECTION 0-1 page COUNTY issued a 5-year notice under California Public Resources Code (PRC) Section 49520 of COUNTY'S intent to authorize, among other options, the exclusive franchising of MSW Management Services in portions of COUNTY; and Task 2: Abandoned Waste Collection. COUNTY'S Director has also determined to contract for collection of Abandoned Waste in this CONTRACT to efficiently remove it and prevent the illegal dumping from becoming a community eyesore, decreasing neighborhood property values, posing a safety hazard, providing a breeding ground for disease carrying rodents, insects and other vermin, and in general, lowering the quality of life for residents. Compliance with Law. CONTRACTOR shall perform Contract Services in accordance with all the laws governing the safe collection, transport, recycling, and disposal of Residential and Commercial Solid Waste, including but not limited to AB 939 and AB 1826, Recovered Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response Compensation and Liability Act (CERCLA). CONTRACTOR / "Arranger". Under this Contract, COUNTY may exercise control over the disposal or other disposition of the Solid Waste handled by the CONTRACTOR. It may designate or determine the use of any given Solid Waste Facility. Although minimum scope of Contract Services, Service Specifications, and Service Standards are set forth in this CONTRACT, COUNTY has not, and by this CONTRACT does not, supervise Contract Services or assume title to Solid Waste; and Competitive Procurement. COUNTY issued a Request for Proposals (RFP) or Invitation For Bids (IFB) to provide Contract Services under this CONTRACT. Private waste hauling companies submitted proposals or bids, including their proposed schedule of rates and charges. For franchised services, COUNTY selected a CONTRACTOR based, among other things, on CONTRACTOR'S price proposal and work plan for Contract Services. Compensation. The following describes the compensation allowed under this CONTRACT: Exhibit 7 provides for CONTRACTOR'S compensation under Task 1 Services. Under this CONTRACT, the CONTRACTOR cannot charge its Customers more than the Customer Service Fees in the Customer Fee Schedule in Attachment 7-2 Task 1 Service Fees in Exhibit 7. Exhibit 3A2 provides for CONTRACTOR's compensation under Task 2 Services and COUNTY Service Fees in Attachment 7-3 Task 2 Service Fees in Exhibit 7. Franchise Authorization. California PRC Section 40059 specifically authorizes COUNTY to prescribe the terms and conditions of aspects of solid waste management services, including: The nature, location, and level/extent of services; The frequency of collection; Santa Clarita Valley SECTION 0-2 page • The means of collection and transportation; • The Service Fees and fees; and • Whether the services are to be provided by means of nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit or otherwise. County Code Chapter 20.70 authorizes Director to require franchises in any part of the unincorporated territory of COUNTY that is not served by a Garbage Disposal District. Franchise Development. COUNTY consulted with representatives of waste haulers in developing the original agreement. COUNTY and representatives of the private hauling industry met many times to discuss the scope of franchise services, service specifications, service standards, and other performance obligations and to address the industry's questions, comments, and concerns. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: This CONTRACT applies to both Contract Services (Task 1 Services and Task 2 Services), unless specifically indicated otherwise. However, Exhibits 3A1 and 3A3 applies only to Task 1 Services, and Exhibit 3A2 applies only to Task 2 Services. Santa Clarita Valley SECTION 0-3 page SECTION 1 - GRANT OF RIGHTS AND PRIVILEGES TO PROVIDE TASK 1 SERVICES See Attachment 5-10A for a more complete list of definitions. "Performance Obligations" means all CONTRACTOR'S obligations and liabilities under this CONTRACT. "Contract Services" means both Task 1 Services and Task 2 Services. "Task 1 Services means all Performance Obligations prescribed in Exhibits 3A1 and 3A3 for Refuse, Recyclables, and Green Waste Container Services to Occupants at Residential Premises and Certain Multifamily and Commercial Premises. "Task 2 Services means all Performance Obligations prescribed in Exhibit 3A2 Abandoned Waste Collection Services and Public Receptacle Collection Services. A. Grant of Rights 1. Grant of Rights and Privileges COUNTY grants CONTRACTOR the right and privilege, together with the Performance Obligations, to provide Contract Services. a. Conditions • CONTRACTOR is ready, willing, and able to provide Contract Services; • CONTRACTOR meets all its Performance Obligations, no CONTRACTOR Default has occurred; and • CONTRACTOR fully and timely pays applicable Franchise Fees. b. CONTRACTOR Acceptance CONTRACTOR accepts these rights and privileges, together with Performance Obligations, subject to all terms and conditions in this CONTRACT and the exclusions in subsections B (Exclusions from Service) and C (Exclusions from Exclusivity) of this Section. 2. Grant of Exclusive Franchise for Collection in Carts COUNTY grants to CONTRACTOR and CONTRACTOR accepts the exclusive right and privilege together with the obligation to provide franchise services, by making independent arrangements with customer, with respect to solid waste discarded in Carts and within the Service Area, subject to all the terms and conditions in this CONTRACT and the exclusions in subsections B (Exclusions from Service) and C (Exclusions from Exclusivity) of this Section. Santa Clarita Valley SECTION 1-4 page B. Exclusions from Service 1. Solid Waste to be Self -Hauled This CONTRACT excludes the right and privilege to Collect, transport, and Divert/Dispose Solid Waste that Persons self -haul. Anyone, including Persons performing services other than MSW Management Services (such as roofers and gardeners) at those Premises, may collect in receptacles other than Container provided by CONTRACTOR, transport in their own Vehicles, and themselves Dispose of some or all the Solid Waste generated at those Premises 2. COUNTY and Third -Party Agencies This CONTRACT excludes the right and privilege to arrange to provide Task 1 Services to Premises owned or controlled by any of the following entities: County or any other entity governed by the Board of Supervisors; • State of California; Federal government; Any city; Any public -school district; or Any entity that is excluded by Applicable Law from the obligation to subscribe to Task 1 Services under this CONTRACT. This CONTRACT does not prohibit CONTRACTOR from executing separate contracts with those entities to provide MSW Management Services. 3. Rights Under California Public Resources Code Section 49520 a. Exclusion This CONTRACT excludes the right and privilege to arrange for providing Contract Services with any Person who is receiving solid waste handling services from a solid waste enterprise that has the statutory right to continue to provide solid waste handling services to that Person under PRC Section 49520 et seq. b. Acknowledgement CONTRACTOR acknowledges: (1) No Statutory Rights This CONTRACT does not grant CONTRACTOR any rights under PRC Section 49250 et seq.. Santa Clarita Valley SECTION 1-5 page (2) Expired Term This CONTRACT is an exclusive franchise. Upon expiration of this CONTRACT, no unexpired Term will remain. CONTRACTOR will have no right to continue providing Contract Services, MSW Management Services, or Solid Waste handling services under PRC Section 49250 et seq.. (3) Terminated CONTRACT If COUNTY exercises its remedy to terminate this CONTRACT for CONTRACTOR fault, CONTRACTOR will not be in compliance with the terms and conditions of this CONTRACT. In that event, CONTRACTOR will have no right to continue providing Contract Services, MSW Management Services, or Solid Waste handling services under PRC Section 49251. (4) Contract Claims CONTRACTOR does not have the right to make any claim under PRC Section 49520, but only under this CONTRACT. C. Stop Contract Services / Procure New Services Upon expiration or termination of this CONTRACT, CONTRACTOR shall stop providing Contract Services even if the expiration or termination occurs before the end of the period described in PRC Section 49520. After expiration or termination of this CONTRACT, COUNTY may reprocure one or more agreements for MSW Management Services with CONTRACTOR or other Persons. Those agreements may be exclusive, partially exclusive, or wholly exclusive franchises, contracts, licenses, permits or otherwise, with or without competitive bidding. 4. Donation or Selling of Recyclables This CONTRACT excludes the right and privilege to Collect Recyclables that Occupant donates or sells to Persons other than CONTRACTOR. 5. Collection of Food Waste or Recyclables from Commercial Franchise Carts This CONTRACT excludes the right and privilege to Collect Food Waste that is separated from other Solid Waste subject to COUNTY's Non -Exclusive Commercial Franchise Agreements. For example, CONTRACTOR cannot Collect Food Waste or Recyclables from Carts provided under the Commercial Franchise agreement with COUNTY. Santa Clarita Valley SECTION 1-6 page C. Exclusions from Exclusivity 1. Task 2 Services — Abandoned Waste and Litter Collection Services This CONTRACT excludes the exclusive right and privilege to Collect Abandoned Waste. COUNTY reserves the right to use its own forces or to contract with any company to Collect Abandoned Waste or empty public receptacles. 2. Emergency Services This CONTRACT excludes the exclusive right and privilege to perform Solid Waste services during emergencies described in Section 11. Under this Section, CONTRACTOR may be requested to perform work in other COUNTY Franchise areas, Garbage Disposal Districts, cities, or Counties. Likewise, other waste haulers may be requested to perform Solid Waste services within this Service Area. 3. Food Waste This CONTRACT excludes the right and privilege to provide Collection, transportation and Diversion of Food Waste. This exclusion also applies to Food Waste discarded in Carts by Commercial Franchise customers. Commencing upon the Commencement Date, CONTRACTOR shall Collect Food Waste discarded with Refuse. At any time after the Commencement Date, in its sole discretion, COUNTY may do either of the following with respect to Collection, transportation, and Diversion of Food Waste that is discarded separately from Refuse: Renegotiate a change to this CONTRACT or enter a separate contract with the CONTRACTOR; or • Enter a contract with another Person. 4. Collection of Solid Waste in Dumpsters This CONTRACT excludes the right and privilege to provide Collection, transport, and Disposal/Diversion of Solid Waste in Dumpsters, including Manure -only Dumpsters. Persons may arrange with any COUNTY Authorized Commercial Waste Hauler to provide MSW Management Services in Dumpsters. Persons may have Carts with exclusive Collection services from CONTRACTOR and have a Dumpster with service from another waste hauler. D. Definition of Rights In accordance with PRC Section 49523, based on the mutually satisfactory terms of providing Task 1 Services set forth in this CONTRACT and receipt of compensation Santa Clarita Valley SECTION 1-7 page therefore, that CONTRACTOR shall cease providing Contract Services on the Expiration Date even if that Expiration Date should occur before the expiration of the period described in PRC Section 49520. This CONTRACT and acknowledgments in this CONTRACT do not foreclose COUNTY from re -procuring contracts for MSW Management Services, including from CONTRACTOR, after termination of this CONTRACT, by nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit or otherwise, with or without competitive bidding. E. Fees to COUNTY In consideration for this exclusive franchise, rights granted under this CONTRACT, CONTRACTOR shall pay COUNTY the Franchise Fee at the time and in the amount and manner established from time to time by COUNTY ordinance or resolution of the Board of Supervisors. CONTRACTOR shall not separately identify the Franchise Fee in correspondence with Customers, including in Terms and Conditions, bills, or invoices. CONTRACTOR acknowledges the following: • The elimination of competition with private persons for Contract Services under this exclusive franchise has significant monetary value to CONTRACTOR, and the franchise fee is consideration for that exclusivity. • The franchise fee is a cost of doing business, like capital, fuel and labor costs. • Paying COUNTY the franchise fee is an obligation of CONTRACTOR and not an obligation of Customers. F. Privacy (Contract Services) 1. General CONTRACTOR shall strictly observe and protect rights and privacy of Customers and Occupants. CONTRACTOR shall not reveal to a Person other than COUNTY any information identifying individual Customers and Occupants or the composition or contents of a Customer's Solid Waste to any Person unless under Section 9 or upon the authority of law or upon valid authorization of the Customer. This provision may not be construed to excuse CONTRACTOR from its obligations to assist COUNTY in the preparation of Solid Waste characterization studies or waste stream analyses, keeping Records, making Reports, or assisting COUNTY on meeting Federal, State, and local requirements. 2. Mailing Lists CONTRACTOR shall not market or distribute mailing lists with the names and addresses of Customers and Occupants. Santa Clarita Valley SECTION 1-8 page 3. Privacy Rights Cumulative CONTRACTOR'S obligations in this Section are in addition to any other privacy rights accorded Customers and Occupants under Applicable Law. G. Ownership of Solid Waste This CONTRACT does not purport to grant CONTRACTOR ownership over Solid Waste. The right to possession or ownership of Solid Waste placed at the Set -Out Site for Collection, including Green Waste, Recyclables, and Abandoned Waste, will be determined in accordance with existing law and is not affected by this CONTRACT. COUNTY acknowledges that it has no ownership rights in Solid Waste and that CONTRACTOR may provide for transfer of ownership in the Terms and Conditions. Santa Clarita Valley SECTION 1-9 page SECTION 2 - TERM OF CONTRACT A. Term of Contract Services This CONTRACT is effective and binding on the Execution Date. It expires on the Expiration Date. Certain Performance Obligations survive expiration or termination of this Contract under subsection B below. "Commencement Date" may be as early as November 1, 2018, for Santa Clarita Valley. "Term" is the period beginning on the Execution Date and ending on the Expiration Date. "Execution Date" is the date both COUNTY and CONTRACTOR sign this CONTRACT. "Expiration Date" is any of the following days, as may be extended described in the following subsection Al of this Section: • October 31, 2025; or • As earlier as date that the Contract terminates in accordance with Part 6D of Exhibit 5. 1. Extensions of the CONTRACT Term Director shall have the sole option to extend the initial Term of this CONTRACT under the following subsections A2, A3, and A4. 2. Two 2-Year Extensions Director may extend the Term of this CONTRACT for up to two additional two-year periods. 3. Six 1-Month Extensions Director may extend the Term of this CONTRACT up to six times, each time in an increment of one to six months for a total of no more than six months. For example, the Director may first extend the Term for three months, subsequently extend it for two more months, and lastly extend it for one more month. 4. Contract Extension Cumulative The contract extensions are cumulative and may be exercised in any order. For example, after the end of the initial Term, Director may issue two 2-year extensions, one 3-month extension, followed by one 1-month extension. Santa Clarita Valley SECTION 2-10 page 5. Transition to Next Waste Hauler Certain obligations of CONTRACTOR survive the termination of this CONTRACT as provided under subsection B6 below. 6. Notification to CONTRACTOR Director will Notify CONTRACTOR of the intent to extend or not extend this CONTRACT no later than the following: • 90 calendar days before a 2-year extension begins • 10 calendar days before a 30-day extension begins B. Obligations Upon Expiration or Termination of CONTRACT The following provisions will survive the expiration or termination of this CONTRACT: 1. Acknowledgements All acknowledgments, including those in the following Sections: • Item D of Section 1 (inapplicability of PRC 49520) • Item C of Section 2 (no recovery of undepreciated asset value) • Item A of Section 3 (no COUNTY responsibility for supervising or performing Task 1 Services) • Item A of Section 9 (Record maintenance) • Part 10 of Exhibit 5 (interpretation of this CONTRACT) 2. Representations and Warranties All representations and warranties, including those made in accordance with the following Sections: • Part 10 of Exhibit 5 with respect to review of this CONTRACT • Item B of Section 14, Authority to Execute • Attachment 5-91-1, CONTRACTOR'S Representations and Warranties 3. Indemnities All Indemnities. 4. Payments All obligations to pay any due and payable monetary amounts or requests for those amounts, including: Santa Clarita Valley SECTION 2-11 page • Payment of Transfer Deposits and Transfer Costs • Damages under item D of Section 12 • Payment of County Service Fees under Exhibit 3A2 • Refund due to Customers that pay Customer Service Fees in advance of Customer Service • Any Franchise Fees 5. Records and Reports All obligations to maintain and submit Records and Reports, including: • The final Annual Report • Information with respect to Solid Waste Facilities • Copies of certificates of insurance or other evidence of coverage • Records of Disposal • Notice of Destruction of Records of Disposal • Inspection and audit • Records of Abandoned Waste Collection including supporting documentation 6. Provisions Surviving Expiration Date Any other provisions of this CONTRACT and rights and obligations of the Parties stated to survive the Expiration Date, including: • This subsection B6 (cooperation during transition; removal of Carts), and • Subsection C (no recovery of undepreciated asset value). a. Cooperation During Transition If CONTRACTOR is not awarded a new CONTRACT to allow CONTRACTOR to continue to provide MSW Management Services substantially similar to Contract Services in this Service Area after the expiration or termination of this CONTRACT, CONTRACTOR shall cooperate fully with Director and the succeeding contractor, licensee, permittee, or other provider of MSW Management Services to assure a smooth, efficient, orderly, timely, and effective transition. b. Removal of Carts With respect to Task 1 Services, CONTRACTOR shall not remove a Container from any Premises until the earlier of: • The date any replacement Containers are provided to the Customer by succeeding contractor, or • 2 weeks after the Expiration Date. Santa Clarita Valley SECTION 2-12 page 7. Container Purchase Option COUNTY may purchase Containers as specified in item D11 of Exhibit 3A1. C. UnderrreciatQd ,poets If any of CONTRACTOR'S Service Assets remain undepreciated upon the expiration or earlier termination by COUNTY of this CONTRACT, CONTRACTOR has no right to recover amounts equal to the undepreciated asset value from COUNTY or Customers, and neither COUNTY nor Customers are obligated to compensate CONTRACTOR for any undepreciated asset value. CONTRACTOR acknowledges that when exercising its option to extend the Expiration Date, COUNTY need not consider whether any Service Assets are not fully depreciated as of the Expiration Date, and that CONTRACTOR invested in and depreciated those Service Assets in CONTRACTOR'S sole discretion. Santa Clarita Valley SECTION 2-13 page SECTION 3 - SCOPE OF SERVICES AND SPECIFICATIONS (Contract Services) A. Prescribed Scope 1. Task 1 Services With respect to Task 1 Services, CONTRACTOR shall arrange to provide services to Premises in the Service Area in accordance with Exhibit 3A1 to both the following: • Any Person who was receiving service immediately prior to the Commencement Date from COUNTY's contractor under a previous contract with COUNTY, and • Any Person who request Task 1 Services. 2. Task 2 Services With respect to Task 2 Services, CONTRACTOR shall provide services in the Service Area to Director in accordance with Exhibit 3A2. 3. Additional Contract Services Requirements With respect to additional Contract Services, CONTRACTOR shall provide services in the Service Area to Director in accordance with Exhibit 3A3. CONTRACTOR must provide Contract Services in accordance with Service Specifications and Service Standards. Nevertheless, CONTRACTOR has the freedom and discretion to determine the means, manner, or method of providing Contract Services. CONTRACTOR acknowledges that in entering into this CONTRACT, COUNTY is not responsible for supervising CONTRACTOR or for performance of any Contract Services. CONTRACTOR is responsible for choosing the Solid Waste Facilities, unless otherwise directed by COUNTY. In addition, COUNTY is not the owner or titleholder of any material Collected, transported, Disposed of, or otherwise handled by CONTRACTOR. Any work performed outside the Performance Specifications without Director's prior written approval will be deemed to be a gratuitous effort by CONTRACTOR. CONTRACTOR shall have no claim against COUNTY for any consequential or related liabilities. B. Change in Scope of Services 1. Task 1 Director may change the scope of Task 1 Services and Service Standards in accordance with Part 9 of Exhibit 5, subject to any adjustment in the Customer Service Fees in accordance with item A of Section 7. Santa Clarita Valley SECTION 3-14 page Director may change the scope of Task 2 Services and Service Standards in accordance with Part 9 of Exhibit 5, subject to any adjustment in COUNTY Service Fees in accordance with Attachment 7-3 Task 2 Service Fees. C. CONTRACTOR Documentation (Contract Services) 1. CONTRACTOR'S Compliance with CONTRACTOR Documentation CONTRACTOR shall provide Task 1 and Task 2 Services in compliance with the CONTRACTOR Documentation attached as Exhibit 3D. 2. Changes in CONTRACTOR Documentation a. Notice to Director CONTRACTOR shall give Director prompt Notice of any changes in CONTRACTOR Documentation listed in item A of Exhibit 3D CONTRACTOR Documentation, after the Execution Date. CONTRACTOR shall follow Notice procedure in Part 9F of Exhibit 5. Director's receipt of those changes will be evidenced by the following acknowledgment, appended substantially this form to the changed CONTRACTOR Documentation: From: Director Designee Sent: Tuesday, May 09, 2017 4:55 PM To: waste hauler Cc: Business Relations and Contracts Division Subject: Service Area Name - Acknowledgement of Notice Acknowledgment: CONTRACTOR has submitted the attached CONTRACTOR Documentation. Director Designee Senior Civil Engineer Los Angeles County Public Works Office: 626-458-3573 b. Director Consent. CONTRACTOR shall submit to Director for review and consent any changes occurring in CONTRACTOR Documentation listed in item B of Exhibit 3D CONTRACTOR Documentation, after the Execution Date. CONTRACTOR shall follow Notice procedure in Part 9F of Exhibit 5. Director's approval will be evidenced by the following acknowledgment, appended substantially the following form to the changed CONTRACTOR Documentation: Santa Clarita Valley SECTION 3-15 page From: Director Designee Sent: Tuesday, May 09, 2017 4:55 PM To: waste hauler Cc: Business Relations and Contracts Division Subject: Service Area Name - Acknowledgement of Consent Acknowledgment: I have reviewed and approved the attached CONTRACTOR Documentation Director Designee Senior Civil Engineer Los Angeles County Public Works Office: 626-458-3573 Santa Clarita Valley SECTION 3-16 page SECTION 4 - SERVICE STANDARDS A. Public Health and Safety; Nuisances (Contract Services) 1. Litter CONTRACTOR shall immediately clean up all litter it caused. If CONTRACTOR services an over -filled Container where the lid cannot be closed, any litter must be cleaned. When Collecting any Bulky Item or Abandoned Waste, CONTRACTOR shall also clean up all litter within a 3-foot radius of the site from which CONTRACTOR Collected the Bulky Item or Abandoned Waste. CONTRACTOR shall ensure that each Vehicle is properly staffed and equipped for this purpose. 2. Spills CONTRACTOR shall enclose or cover Solid Waste that it transports in Vehicles, debris boxes, hoppers, compactors, or any other containers. CONTRACTOR shall prevent Solid Waste from escaping, dropping, spilling, leaking, blowing, sifting, falling, or scattering from Vehicles ("Spills") during Collection and transportation. CONTRACTOR shall not transfer loads from one Vehicle to another Vehicle unless necessitated by mechanical failure or accidental damage to a Vehicle. CONTRACTOR shall immediately clean up any Spills on any alley, street, or public place. 3. Leaking CONTRACTOR shall prevent oil, hydraulic fluid, paint, or other liquid from leaking from its Vehicles. CONTRACTOR shall ensure that each Vehicle carries petroleum absorbent agents and other appropriate cleaning agents and if any liquid leaks from a Vehicle, CONTRACTOR shall immediately cover, treat, or remove the liquid materials from the ground, as necessary, and apply the necessary cleaning agent to minimize the adverse impact of the liquid materials. 4. Noise CONTRACTOR shall conduct Collection as quietly as possible, in compliance with noise levels prescribed by Applicable Law, including County Code Section 12.08.520-Refuse Collection Vehicles. CONTRACTOR shall cause the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the Service Area. Santa Clarita Valley SECTION 4-17 page B. Private Property (Task 1 Services) CONTRACTOR shall obtain property owner consent to enter private driveways, alleys, streets, and parking lots in cases such as: Private Property a. Acknowledgements CONTRACTOR acknowledges the following: Although there may be an implied waiver to access the front of Premises, a written consent may be advisable to access a side or rear yard. Additionally, private streets and driveways may not meet COUNTY's design standards and may not adequately withstand the weight of a Collection Vehicle. b. Damage to Pavement. Waiver If CONTRACTOR operates Vehicles on private property, following Director approval, CONTRACTOR may require the property owner to allow CONTRACTOR'S entry and waive liability for CONTRACTOR'S damage to driveways or other pavement. CONTRACTOR is not obligated to require a waiver. A waiver will not relieve CONTRACTOR of its obligation to repair or replace damaged pavements if it caused the damage by its negligent or willful acts or omissions under Part 9C of Exhibit 5. C. PersonalInjury: Indemnity If CONTRACTOR enters private property whether in a Vehicle or by foot (for example to provide roll -out service), following Director approval, CONTRACTOR may require the property owner to hold harmless and indemnify CONTRACTOR. In that event, CONTRACTOR shall also require the property owner to hold harmless and indemnify COUNTY. d. CONTRACTOR Indemnifies COUNTY Despite receiving COUNTY approval, CONTRACTOR shall indemnify and hold COUNTY harmless from liabilities related to entering Customers' Premises, whether CONTRACTOR acts in compliance or noncompliance with this Contract. This indemnification is in addition to CONTRACTOR'S other Indemnifications. 2. Single -Pass Collection If Customers request single -pass Collection (commingling of Refuse, Recyclables, and Green Waste) on private alleys, streets, and parking lots, CONTRACTOR shall submit a request to Director; in accordance with item M of Section 4, Single -Pass Collection. Santa Clarita Valley SECTION 4-18 page C. Non -Collection (Contract Services) CONTRACTOR is not obligated to Collect in any of the following events: 1. Unpermitted Waste CONTRACTOR observes the presence of Unpermitted Waste at the Set -Out Site other than any Unpermitted Waste that CONTRACTOR Collects as Bulky Items. 2. Unsafe Condition CONTRACTOR observes an unsafe condition at the Set -Out Site. 3. Not Bagged or Bundled Solid Waste not placed in a Container, bags or bundles. Bulky Items do not need to be placed in a Container, bag, or bundled. 4. Not At Set -Out Site A Container or a Bulky Item that is not placed at the Set -Out Site, except if a Customer has Roll -Out Service. 5. Exceed Weight Limitations A Container exceeds any weight limitations described in Terms and Conditions. 6. Delinquent Payment The Customer has not timely paid CONTRACTOR'S invoice for Task 1 Services in accordance with item B7 of Section 7. One week prior to removing a Container for nonpayment of Customer Service Fees, CONTRACTOR shall also leave a notice for Occupants on Container and e-mail or text Customer stating the deadline for payment. 7. Inaccessible Premises The Premises are not accessible to Vehicles. 8. Contamination a. Recyclab/es Containers Refuse, Green Waste, or Manure in a Recyclables Container. Santa Clarita Valley SECTION 4-19 page b. Green Waste Containers Refuse, Recyclables, or Manure in a Green Waste Container unless Manure is specifically allowed. C. Refuse Containers Manure in a Refuse Container. d. Manure Containers Refuse, Recyclables, or Green Waste in a Manure Container unless Green Waste is specifically allowed. 9. Unscheduled Unscheduled excess Refuse, Green Waste, Bulky Items, and E-waste in areas requiring advanced scheduling for collection under Exhibit 3A1. CONTRACTOR shall call, e-mail, or text Occupant by next Service Day to: • Notify of the non -collection, • Educate and explain why waste was not Collected, and • Schedule the Collection. If CONTRACTOR does not Collect Occupant's discarded Solid Waste, it shall complete a non -Collection notice and leave it securely attached to Occupant's Container or Bulky Items unless it is unsafe to do so. CONTRACTOR will use the form of non -Collection notice approved by Director in CONTRACTOR Documentation. The form must describe all the following: • The reason CONTRACTOR did not Collect Occupant's Solid Waste, • How the Customer can correct the problem, and • How the Customer can contact CONTRACTOR. Additionally, if the Occupant of the serviced Premises has signed up for electronic messages, such as the Smart-eClub, CONTRACTOR shall send a text or e-mail to the Occupant. CONTRACTOR shall Collect the Customer's Solid Waste without additional cost to the Customer at the following times: • Same day: no later than 6 p.m. on the day CONTRACTOR left the Non -Collection notice, if the Customer notifies CONTRACTOR before 12 p.m. that same day or • Next day: on the next day, if the Customer notifies CONTRACTOR after 12 p.m. that same day. Santa Clarita Valley SECTION 4-20 page D. Nondiscrimination CONTRACTOR shall comply with Subchapter VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e-2000e(17). CONTRACTOR shall not exclude any Customer from receiving Contract Services on the grounds of race, creed, color, sex, gender, national origin, ancestry, religion, age, physical or mental disability, marital status, or political affiliation. It shall not exclude them from participating in, deny them the benefits of, or otherwise subject them to discrimination under this CONTRACT or under any project, program, or activity supported by this CONTRACT. E. CONTRACTOR Waste Reduction Practices (Contract Services) Consistent with the Board of Supervisors' policy to reduce the amount of Solid Waste that is Disposed in landfills within COUNTY, CONTRACTOR shall use best efforts to practice waste reduction and implement procurement policies in providing Contract Services, including maintaining Records. In written correspondence with Customers and Director, CONTRACTOR shall use recycled paper that is labeled to indicate its recycled content. CONTRACTOR shall offer Customers the option to go paperless by joining the Smart-eClub in item C2 of Section 6. F. Customer Correspondence and Other Materials (Task 1 Service) CONTRACTOR shall submit to Director for approval, written materials CONTRACTOR intends to distribute to Customers at least eight County Business Days before printing, texting, e-mailing, or mailing the materials. At Director's request CONTRACTOR shall distribute written information to its Customers and Occupants by including it within CONTRACTOR's mailings or by separate electronic distribution. G. Publicity and News Media Relations 1. Publicity Unless otherwise required by subsection F or subsection G.2, CONTRACTOR and its Affiliates, employees, consultants, agents, or subcontractors may, without Director consent, publicize its Contract Services or indicate in its proposals and sales materials that it has been awarded this CONTRACT to provide Contract Services, if CONTRACTOR develops that publicity, proposals, or sales materials in a professional manner. Neither CONTRACTOR nor any of its Affiliates, employees, consultants, agents, or Subcontractors may publish or disseminate commercial advertisements, news or press releases, opinions or feature articles using Santa Clarita Valley SECTION 4-21 page the name of COUNTY without the prior written consent of COUNTY'S Chief Executive Officer and County Counsel. 2. News Media Relations; Trade Journal Articles CONTRACTOR shall notify Director by telephone followed by e-mail of all requests for news media interviews related to the Contract Services (and not other communities) within 24 hours of receiving the request. Before responding to requests involving matters other than the Collection programs and scope of Contract Services, CONTRACTOR shall discuss CONTRACTOR'S proposed response with Director. CONTRACTOR shall submit copies of CONTRACTOR'S draft news releases or proposed trade journal articles related to Contract Services to Director for prior review and approval at least four County Business Days in advance of release. CONTRACTOR shall give Director copies of media interviews and news releases related to Contract Services within four County Business Days of their occurrence. H. Responsiveness to County (Contract Services) CONTRACTOR shall meet the following standards: 1. Normal Respond to COUNTY communications such as telephone messages, text messages, and a -mails no later than the next COUNTY Business Day. Acknowledge, at a minimum, that the CONTRACTOR has received the communication and provide an estimated time for a full response if the communication's issue cannot be immediately resolved. 2. Special Events Respond to telephone message within one hour during special events, such as Mulch and Compost Giveaway Events and Annual Cleanup Events. 3. Emergency Telephone Messages Respond to any telephone message within one hour in cases of emergencies as required under item J1 of Section 4. 4. Written Correspondence Respond to written correspondence from Director within one week of receipt. Santa Clarita Valley SECTION 4-22 page 5. Meetings Meet with Director during Director's Office Hours within one week of Director's oral or written request at Director's offices or other location requested by Director. No Commingling of Solid Waste 1. No Commingling Between Areas (Contract Services) CONTRACTOR may not commingle, in its Vehicles or otherwise, any Solid Waste that it Collects with the Service Area with any other Solid Waste that it Collects outside the Service Area in cities or other unincorporated areas, without prior written consent of Director. For example, Director may allow Food Waste to be Collected from multiple jurisdictions to make Collection routes more efficient and therefore more cost effective. Director may require documentation such as records of Customers, including Container capacities, in cities and in the Service Area, respectively. CONTRACTOR shall maintain Records with respect to Solid Waste Collected in the Service Area separately from records with respect to Solid Waste Collected outside the Service Area, including its weight. 2. No Commingling of Different Materials (Task 1 Service) CONTRACTOR may not commingle, in its Vehicles or otherwise, any Solid Waste that it Collects with any other Solid Waste that it Collects, without prior written consent of Director, as detailed in item M of this Section. Additional requirements are in item G2 of Exhibit 3A1. J. Key Personnel (Contract Services) CONTRACTOR acknowledges that it identified certain personnel and described their professional experience and qualifications in the proposal it submitted to Director about the procurement of this CONTRACT, and that COUNTY awarded this CONTRACT to CONTRACTOR based in part on those individuals' experience and qualifications. CONTRACTOR shall identify those personnel ("Key Personnel") in CONTRACTOR Documentation, Exhibit 3D. CONTRACTOR shall notify Director immediately of changes or upcoming changes in Key Personnel, including the professional experience and qualifications of the individual CONTRACTOR proposes to serve in place of a departing Key Personnel. Director may request CONTRACTOR to propose an alternative individual to serve in the position of the departing Key Personnel. Santa Clarita Valley SECTION 4-23 page 1. Emergency Telephone Number CONTRACTOR shall maintain a local emergency telephone number disclosed to Director for use by Director outside CONTRACTOR Office Hours. CONTRACTOR shall make a representative available at the emergency number outside CONTRACTOR Office Hours who will return any emergency call as soon as possible and in any event within one hour. 2. Lead Person CONTRACTOR shall assign a lead person(s), such as a route supervisor, to this Service Area. The lead person shall be responsible for ensuring that CONTRACTOR meets Performance Obligations. They shall spend as much time as possible in the Service Area. They shall act as a liaison between field crew and Director. K. Uniforms (Contracts) CONTRACTOR shall require its field employees to wear uniforms and prohibit them from removing any portions of their uniforms while providing Contract Services. Uniforms must meet the following specifications: • Bear the CONTRACTOR's name, or other name approved by Director (for example, a DBA instead of a corporate name), and • CONTRACTOR'S logo. L. Confidentiality (Contracts) CONTRACTOR shall maintain the confidentiality of all records obtained from Director under this CONTRACT in accordance with all Applicable Law. CONTRACTOR shall inform all its officers, employees, agents, and Subcontractors providing Contract Services of this confidentiality obligation. CONTRACTOR acknowledges that these records may be subject to a Public Records Request made to COUNTY. M. Single -Pass Collection (Task 1) CONTRACTOR shall obtain Director's approval prior to implementing single -pass service. "Single -pass service" means that Customers may commingle and discard Refuse, Recyclables, and Green Waste, and CONTRACTOR may Collect them in the same Container. After Collection, CONTRACTOR must separate those commingled Solid Waste materials at a materials recovery facility, and Divert them. Director may approve alternative MSW Management based upon documentation such as Customer records, and Container capacities in the Service Area. CONTRACTOR shall Santa Clarita Valley SECTION 4-24 page maintain weight Records of commingled Solid Waste separately from weight Records of source -separated Solid Waste. Customers may request single -pass service on private alleys, streets, and parking lots. CONTRACTOR may request single -pass service on extremely narrow or steep roads and other places where it is difficult to Collect with Collection Vehicles used elsewhere in the Service Area. Requests must include the following: • Proposed addresses. • Written consent from most Customers affected by the single -pass. • Notification to Customers residing on the Premises being serviced. • Single -type (Refuse) Containers without Recycling and Green Waste Containers. Santa Clarita Valley SECTION 4-25 page SECTION 5 - ADDITIONAL PERFORMANCE OBLIGATIONS Exhibit 5 contains additional Performance Obligations of a general nature, not necessarily directly related to providing daily Collection. Exhibit 5 includes the following parts: Part 3 General CONTRACT Requirements Part 4 Indemnifications and Insurance Part 6 Debarment Breaches and Defaults; Suspensions; Termination Part 8 Transfer of CONTRACT Part 9 General Provisions Part 10 Definitions and Interpretations of CONTRACT Part 11 Compliance with Laws and Regulations Part 12 Labor -Related Provisions Required in County Contracts Santa Clarita Valley SECTION 5-26 page SECTION 6 - CUSTOMER SERVICE (Task 1 Services) F3 A Facilities CONTRACTOR shall maintain both the following: • A Vehicle maintenance yard, and • Office at the address provided in CONTRACTOR Documentation. CONTRACTOR may change the address by notifying Director in accordance with item A6 of Exhibit 3D. Telephone Service CONTRACTOR shall maintain a toll -free telephone number and meet the following criteria: Office Hours CONTRACTOR shall provide a customer service representative to personally answer all calls to the toll -free number during CONTRACTOR Office Hours, including calls from Director, Customers, Occupants, and the public. 2. After Hours CONTRACTOR shall provide an answering machine to answer all calls to the toll -free number outside of CONTRACTOR Office Hours that allows callers to leave messages, such as reporting missed pick-ups and other complaints. CONTRACTOR shall further comply with County Code Section 20.72.160. 3. On Hold Messaging CONTRACTOR shall use Reasonable Business Efforts to broadcast public education messages while Customers are waiting on hold to talk to a customer service representative. 4. Telephone Tree CONTRACTOR shall require no more than two recorded options on a telephone tree before the caller speaks to a live customer service representative (for example, English/Spanish and residential/commercial service choices). 5. Answer Speed CONTRACTOR shall use Reasonable Business Efforts to answer the telephone within four rings. CONTRACTOR shall answer 90 percent of all calls within the first 4 rings. Santa Clarita Valley SECTION 6-27 page CONTRACTOR shall not leave the Customer on hold for more than ten minutes. If Director determines that CONTRACTOR does not meet these Service Standards, Director may require that CONTRACTOR install additional telephone lines, hire additional customer service representatives, and make other customer service improvements without increasing Service Fees. Their determination will be based on whether the CONTRACTOR answers calls: • Within five rings, based on at least three calls within one week, or • 10 calls within one month. 6. Bilingual CONTRACTOR shall respond to Customers and Occupants in English or Spanish as requested by the Customer or Occupant. 7. Knowledgeable Staff CONTRACTOR shall provide customer service representatives with a knowledge of basic services in the CONTRACT. A supervisor with extensive CONTRACT knowledge is to be available to respond to questions or concerns by callers. A representative answering a regional or nation-wide hotline with no CONTRACT specific training is not acceptable. Also, calling someone back after researching the correct answer is acceptable but providing the wrong information due to a lack of adequate training is not acceptable. C. Paperless/Electronic Information and Services 1. Website CONTRACTOR shall develop and maintain a website that includes the following information and Service options: a. Service Information Information such as Terms and Conditions form or service information, service brochures, newsletters, FAQ's, Holiday schedules, holiday tree pick-up information, service changes, invoice explanations, allowable and forbidden discards, list of recyclable materials, educational and outreach materials, notifications, alerts, and other information requested by Director. Santa Clarita Valley SECTION 6-28 page b. Bill Payment The ability for Customers to review and pay their bills under item B3 of Section 7, if they subscribe to Smart-eClub. C. Service Requests Requests for service collection that is not regularly scheduled, including on -call bulky waste collection, requests for extra pickups, and service cancellations. d. Contact Us CONTRACTOR's contact information where Customers can register complaints and follow-up on complaint resolution. e. Link Link to Director's website, CleanLA.com. 2. Smart-eClub To reduce paper waste and reach more readers, CONTRACTOR shall offer both the owners and occupants of serviced Premises the option to join the Smart-eClub. CONTRACTOR shall offer Customers the following Smart- eClub options: • Receiving service information described in preceding item C1a electronically, subsequently switching back to paper; • Electronic billing under preceding item C1 b; • Making service requests under preceding item C1c; and • Contacting CONTRACTOR under preceding item C1d. CONTRACTOR shall give all educational messages and the template for service messages to Director for approval prior to sending to Customers. Upon Director's request, CONTRACTOR shall send messages provided by Director. 3. E-mail Address CONTRACTOR shall maintain an e-mail address for use by Customers and Occupants. Santa Clarita Valley SECTION 6-29 page D. Responses to Customer Complaints and Other Correspondence 1. Resolution of Complaints a. Call/E-mail for Service CONTRACTOR shall maintain an e-mail address under preceding subsection C3 and telephone service under subsection B of this Section. A call or e-mail from a Customer or Occupant to request a service or report an issue, such as a damaged container, is not considered a complaint. b. First Complaint CONTRACTOR shall address all Customer and Occupant complaints immediately and resolve them by the end of the next Service Day following Customer or Occupant contact or any reasonable time agreed upon between Customer or Occupant and CONTRACTOR. A Customer or Occupant should not have to call or e-mail to complain on the same issue because CONTRACTOR did not resolve it as previously committed by CONTRACTOR, such as a damaged container was not repaired or replaced as committed. C. Second and Subsequent Complaints A Customer or Occupant should never have to call or e-mail to complain a second time on the same issue because CONTRACTOR did not resolve it as previously committed by CONTRACTOR such as a damaged container was not repaired or replaced and the Customer or Occupant previously called or e-mailed to complain. 2. Communications Log CONTRACTOR shall enter, log, and maintain Records of all communications and their resolution, in computerized format and in compliance with County Code Section 20.72.160. CONTRACTOR shall maintain that log. CONTRACTOR shall submit the log for the applicable quarter to Director with CONTRACTOR'S Quarterly Report under item A2 of Section 10. 3. Missed Collections If Director, a Customer, or an Occupant notifies CONTRACTOR that CONTRACTOR has not Collected an Occupant's Solid Waste and not met Santa Clarita Valley SECTION 6-30 page its Performance Obligation, CONTRACTOR shall Collect at no additional charge: • No later than 6 p.m. on the day of service, if it receives the complaint by 12 p.m.; or • On the next day, if the complaint is received after 12 p.m. on the day of service. 4. County's Reimbursement Costs If COUNTY employees or their contractors spend more than either of the following times resolving Customer complaints, then CONTRACTOR shall reimburse COUNTY the its Reimbursement Costs that COUNTY incurred to resolve the complaint: • Two hours in the aggregate resolving complaints from any single Customer that the Customer states have previously been filed with CONTRACTOR, or • More than one hour in any work week (Monday through Friday) resolving complaints from different Customers. The invoice for Reimbursement Costs should include all the following information: • The address of the Premises being serviced, • Customer who complained, • Nature of complaint, • Amount of time spent, • Costs, including hourly fees for employees, agents or contractors who addressed the complaints, and • Expenses, including phone and postage costs. E. Service Interruption CONTRACTOR shall monitor the Department of Public Works Road Closure website (http://dpw.lacounty.gov/roadclosures/) for conditions that may cause service interruptions. CONTRACTOR shall not alter or interrupt its service schedule without Director consent. CONTRACTOR shall alert all Customers and Occupants of any Director -approved interruption in service and when service will resume. CONTRACTOR may use any type of communication, including phone blast, e-mail blast, and text messaging. Examples of interruption include various reasons, such as road closures, extreme weather conditions, or breakdown of CONTRACTOR equipment. Santa Clarita Valley SECTION 6-31 page F. Responsiveness to Customer Respond to communications such as telephone messages, text messages, and e- mails to the source that made contact no later than the next business day. If CONTRACTOR is unable to directly address the issue, CONTRACTOR shall respond with an acknowledgement to confirm receipt of message and indicate when the issue will be addressed. Respond to United States Postal Service, Federal Express, or other courier provided correspondence from Customers or Occupants within one week of receipt. G. Setting Up or Terminating Service 1. New Customers • Obtain contact and service location information • Explain services and charges • Mail brochure • Offer Bulky Item Collection 2. Terminating Service • Offer Bulky Item Collection • Explain what to do with Containers • Explain refund procedure for any prepaid services Santa Clarita Valley SECTION 6-32 page SECTION 7 - SERVICE FEES AND BILLING Basic Service Fee means the monthly charges for that CONTRACTOR bills a Customer for providing Collection with respect to Task 1 Services, without additional optional services. County Service Fee means the amount that CONTRACTOR bills COUNTY for providing Collection with respect to Task 2 Services. Customer Service Fee means the amount that CONTRACTOR bills Customers for providing Task 1 Services. Customer Surcharges means the amounts listed as "Surcharges" on the Service Fee Schedule. A. Customer Service Fees CONTRACTOR shall charge Customers no more than the Customer Service Fees in Attachment 7-2, Task 1 Service Fees of Exhibit 7. 1. Uniform Fees CONTRACTOR shall charge the same, uniform Customer Service Fees for the same Task 1 Services listed in Attachment 7-2, Task 1 Service Fees of Exhibit 7. 2. Surcharges Surcharges will be added to the Basic Service Fee. See Attachment 7-2, Task 1 Service Fees of Exhibit 7. a. Billing Fees • 10 percent late fee • $25.00 for interruption of service • $25.00 fee on returned checks b. Extra Containers C. Difficult to Service (1) Non -Elderly or Non -Disabled (2) Elderly or Disabled CONTRACTOR shall provide this service, without additional charge to Customer, for Occupants who are Elderly or Santa Clarita Valley SECTION 7-33 page Disabled and certify to the CONTRACTOR that there is no able-bodied individual in the household who can roll -out Cart to the Set -Out Site. d. Roll out Service e. Additional Bulky Item Collection f. Excessive Container Exchanges g. Manure Service h. Bear Resistant Carts L Recyclables Cart with Gravity Lock 3. Basic Service Fee Discounts CONTRACTOR shall subtract any discounts to the Basic Service Fee. CONTRACTOR shall add together all discounts. Multiple discounts will be an aggregate total prior to applying to Basic Service Fee. CONTRACTOR is not to charge more than the amounts in Attachment 7-2, Task 1 Service Fees of Exhibit 7. a. Senior Discount (25 percent) CONTRACTOR shall discount the Basic Service Fee by 25 percent for Elderly Customers at Residential Premises meeting all the following requirements: (1) 62 or Older The Customer is age 62 or older as evidenced by a driver's license or other document issued by a governmental entity. (2) Head of Household The Customer is a head of household as evidenced by his or her name on utility or telephone bills for the involved premises. (3) Life -Line or Low Refuse Generator The Customer either: (a) qualifies for discounted utility rates based on financial need (such as those referred to as "life -line" rates) as evidenced by water, power, or telephone bill for the involved premises, or (b) generates small amounts of waste and for Refuse, uses only one 32-gallon Cart. Santa Clarita Valley SECTION 7-34 page b. No Service CONTRACTOR shall not discount the total for Basic Service Fees for Customers that do not use any or Task 1 Services, such as not separating Recyclables and Green Waste from Refuse and do not use Containers for Recycling or Green Waste discard. B. Customer Invoice and Payment 1. Invoice Content CONTRACTOR shall include in its Customer invoice the following information: a. Contact Information CONTRACTOR's telephone number, Office address, website and e- mail address for Customer complaints and questions. b. Itemized Costs Itemize costs in accordance with services. CONTRACTOR shall not identify that portion of a Customer's invoice attributable to a Franchise Fee. C. Paperless Option A message promoting its website-based invoicing and payment system on all paper invoices sent to Customers. At Director's request, CONTRACTOR shall promptly submit a copy of a Customer's invoice to Director. 2. Frequency CONTRACTOR shall invoice Cart Customers quarterly following the Calendar Year quarter and Dumpster Customers (if applicable) monthly, or an alternate frequency as approved by Director. Task 1 Services including any surcharges are to be billed to Cart Customers quarterly, three months in advance. Bills shall be sent on or after the first day of the billing period. Payment in full is due no later than the last day of the first month. For example, bills are sent on April 1 for the billing period of April, May, and June and due on April 30. If Customer fails to pay bill in full, see item B7 of this Section for actions to be taken. Santa Clarita Valley SECTION 7-35 page 3. Electronic Invoicing To reduce paper waste, CONTRACTOR shall make available to all Customers an electronic invoicing system at no additional charge. CONTRACTOR shall ensure that the electronic invoicing and payment website conforms to industry -standard practices for electronic commerce security. CONTRACTOR must ensure that these Customers receive invoice inserts such as newsletters either electronically or paper copies, as requested by Customer. Through CONTRACTOR'S website, Customers may request to cease paper invoices and receive all invoices through e-mail or access them on CONTRACTOR'S website. 4. Inserts At Director's request, CONTRACTOR shall include a message and/or enclose with Customer's invoice all inserts prepared and provided by Director. 5. Electronic Payment CONTRACTOR shall make available to all Customers an electronic payment system at no additional charge. This system will be website based and allow Customers to pay invoices through CONTRACTOR'S website, both one-time and reoccurring. CONTRACTOR must allow credit card payments and may include direct bank routing or other payment methods. 6. Refunds CONTRACTOR shall refund any overcharges to a Customer (including advance payments for Task 1 Services that are subsequently canceled) within 30 days after collection thereof. CONTRACTOR shall pay the Customer interest on overcharges (other than advance payments for subsequently canceled services) with interest thereon at 10 percent per annum from the date originally overcharged until the date refunded. 7. Late Payment Customer payment of bills are due to CONTRACTOR no later than the last day of the first month of the calendar quarter. The following are the required warning notices and maximum allowable penalties for late payment. CONTRACTOR may be more lenient. If payment is not received after 1.5 month, a reminder shall be sent to Customer indicating missed payment, balance due, and warning of ten percent late fee. If payment is not received by the last day of the second month, the account will become delinquent and an additional ten percent fee may be added to the balance. If payment is not received after 2.5 months, a second reminder shall be sent to Customer indicating missed payment, balance due including ten percent late fee, and warning of stopping service and Container removal. If Santa Clarita Valley SECTION 7-36 page payment is not received after 3 months, Task 1 Collection Service may be stopped. If payment is not received after 3.5 months, Task 1 Collection Service may be interrupted by removing the Containers from the premises and a $25 interruption fee may be charged upon returning Containers to Premises. CONTRACTOR is to abide by any trespassing laws while removing Containers. If Customer fails only to pay for surcharges for any or all special services in item A2 of Section 7, those special services shall be stopped without affecting other services. For example, if a Customer has an extra Refuse Container but is not paying the fee for the Container, the extra Container should not be Collected but all other Task 1 Services shall be provided. A $25.00 fee on returned checks (insufficient funds) may be charged to Customer. Plain Language Table Elapsed Time Action 1 st day of quarter Bill sent to Customer 1 month Bill due to CONTRACTOR 1.5 months Reminder sent with warning of late fee 2 months Unpaid bill delinquent, ten percent late fee added 2.5 months Reminder sent with warning of stop service, container removal, and interruption fee 3 months Service stopped 3.5 months Containers removed, $25 interruption fee a. Partial Payment If Customers fails only to pay for surcharges for any or all special services in item A2 of Section 7, those special services shall be stopped without affecting other services. For example, if a Customer has an extra Refuse Container but is not paying the fee for the Container, the extra Container should not be Collected but all other Task 1 Services shall be provided. b. Returned Check Fee A $25.00 fee on returned checks (insufficient funds) may be charged to Customer. C. County Service Fees County Service Fees and Maximum Contract Sum COUNTY agrees, in consideration of satisfactory performance of Task 2 Services in Sections A and B of this exhibit, in strict accordance with the service specifications set forth herein, to the satisfaction of Director, to pay the CONTRACTOR County Service Fees at the fee specified in Santa Clarita Valley SECTION 7-37 page Attachment 7-3, Task 2 Service Fees of Exhibit 7 for Disposal that CONTRACTOR Collects, not to exceed $124,492.94 per Contract Year or a greater amount as the Board may approve. This is referred to as the "Maximum Contract Sum" for Task 2 Services. Abandoned Waste Not Commingled If CONTRACTOR does not commingle Abandoned Waste in the same Vehicle with other Refuse, and the facility weighs Abandoned Waste that CONTRACTOR delivers, CONTRACTOR shall report that weight to Director in the Monthly Report and keep copies of all weigh receipts. If a facility does not weigh those materials, CONTRACTOR shall calculate the weight of allocated Abandoned Waste in accordance with Cal Recycle weight conversion standards http://www.caIrecycle.ca.gov/LGCentraI/Library/dsq/Apndxl.htm, or other method satisfactory to Director. Abandoned Waste Commingled If CONTRACTOR does commingle Abandoned Waste in the same Vehicle as other Refuse, CONTRACTOR shall allocate the proportion of Abandoned Waste to other Refuse in a formula approved by Director, and weigh or calculate the weight of the Abandoned Waste as set forth in the preceding paragraph. 2. Special Fund Obligation COUNTY will pay County Service Fees from COUNTY'S Road Fund or other sources. CONTRACTOR acknowledges that it will not be compensated for providing County Service under Task 2 Services from Customer Service Fees under Task 1 Services. Customers or Occupants do not pay County Service Fees. 3. Billing CONTRACTOR shall bill COUNTY monthly for COUNTY Services performed during the preceding month by invoice (original and a copy) in a form satisfactory to Director. COUNTY will pay County Service Fees to the CONTRACTOR within 30 days of receipt and approval of a properly completed and undisputed invoice. If CONTRACTOR is certified by COUNTY as a Local Small Business Enterprise, COUNTY will pay CONTRACTOR in accordance with Board of Supervisors Policy No. 3.035, Small Business Liaison and Prompt Payment Program. The itemized invoice shall contain a reference to the name of Service Area and Environmental Programs Division, Residential Franchise/Garbage Disposal District Section. CONTRACTOR shall submit invoices to: Santa Clarita Valley SECTION 7-38 page County of Los Angeles Department of Public Works Attention: Fiscal Division, Accounts Payable P.O. Box 7508 Alhambra, CA 91802-7508 For weekly or daily Abandoned Waste Collection, CONTRACTOR shall bill COUNTY based on per incident, foot, day, or receptacle collection, as indicated in Attachment 7-3 Task 2 Service Fees of Exhibit 7. The rate shall be calculated as follows: a. Weekly Collection (1) Expected Number of Incidents, Volume Up to Four Cubic Yards CONTRACTOR shall request a fee equal to the expected number of incidents rate for four cubic yards of volume. CONTRACTOR is required to record the location of each incident and submit with the monthly invoice. CONTRACTOR is not required to provide evidence of Abandoned Waste removal unless Director requests. (2) More Than Expected Number of Incidents CONTRACTOR may request a fee equal to the more than expected number of incidents rate. CONTRACTOR is required to record the location of each incident and submit with the monthly invoice. CONTRACTOR shall take and submit photos of the waste to request a higher fee for that location. These special circumstances must be itemized separately on the invoice. (3) More Than Four Cubic Yards CONTRACTOR may request a fee equal to the more than four- cubic -yards rate for a volume greater than four cubic yards. CONTRACTOR is required to record the location of each incident and submit with the monthly invoice. CONTRACTOR shall take and submit photos of the waste to request a higher fee for that location. These special circumstances must be itemized separately on the invoice. Santa Clarita Valley SECTION 7-39 page b. Hot Zone Daily Monitoring and Collection (1) Monitoring Original Locations CONTRACTOR shall request a fee equal to the Monitoring Original Locations for every linear foot within the zone, each day. For example, for a $2.00 rate for 500 feet, CONTRACTOR may request $2.0 x 500 x 22 days = $22,000 per month. CONTRACTOR is not required to provide evidence of monitoring unless Director requests. (2) Monitoring Additional Hot Zones If Hot Zones are created or expanded greater than the length indicated in Item 16.A.2 of Exhibit 16, CONTRACTOR may request a fee equal to Monitoring Additional Hot Zones for the additional distance only. CONTRACTOR is not required to provide evidence of monitoring unless Director requests. (3) Waste Collection from Original Locations CONTRACTOR may request a fee equal to the Waste Collection with four cubic yards or less from Original Locations rate. The -four -cubic -yards volume refers to the total amount of waste at a single incident, not the total collected in all Hot Zones. Waste separated by more than ten feet shall be considered a separate incident. CONTRACTOR is not required to provide evidence of Collection unless Director requests. CONTRACTOR is required to record the location of each incident and submit with the monthly invoice. (4) Waste Collection from Additional Hot Zones Waste If Hot Zones are created or expanded greater than the length indicated in Item 16.A.2 of Exhibit 16, CONTRACTOR may request a fee equal to the Waste Collection with four cubic yards or less from Additional Locations rate for the additional distance only. The four -cubic -yards volume refers to the total amount of waste at a single incident, not the total collected in all Hot Zones. Waste separated by more than ten feet may be considered a separate incident. CONTRACTOR is not Santa Clarita Valley SECTION 7-40 page required to provide evidence of Collection unless Director requests. CONTRACTOR is required to record the location of each incident and submit with the monthly invoice. (5) Waste Collection with More Than Four Cubic Yards For any incident larger than four cubic yards, CONTRACTOR may request an extra fee equal to the Waste Collection with more than four -cubic -yards rate. Waste separated by more than ten feet shall be considered a separate incident. CONTRACTOR shall take and submit photos of the waste to request a higher fee for that location. These special circumstances must be itemized separately on the invoice. C. Public Receptacles CONTRACTOR shall request a fee equal to the number of Collections made from Public Receptacles during the month, regardless if it is from a standard or solar powered compactor. CONTRACTOR is required to record the number of Collections and submit with the monthly invoice. 4. Payment Exceeding Maximum Contract Sum In no event shall the aggregate total amount of compensation paid to the CONTRACTOR exceed Maximum Contract Sum. 5. Request Work The CONTRACTOR understands and agrees that only Director is authorized to request or order work under this CONTRACT. The CONTRACTOR acknowledges that the designated authorized representative is not authorized to request or order any work that would result in the CONTRACTOR earning an aggregate compensation more than this CONTRACT's Maximum Contract Sum. 6. Performing Work to Exceed Maximum Contract Sum The CONTRACTOR shall not perform or accept work requests from the designated authorized representative or any other person that will cause the Maximum Contract Sum to be exceeded. CONTRACTOR shall monitor the balance of the Maximum Contract Sum. When the total of the CONTRACTOR's paid invoices, invoices pending payment, invoices yet to be submitted, and ordered services reaches 75 percent of the Maximum Contract Sum, the CONTRACTOR shall immediately notify the authorized representative in writing. Santa Clarita Valley SECTION 7-41 page 7. Budget Reduction If the Board of Supervisors adopts a budget for any Fiscal Year that reduces the salaries or benefits paid to most COUNTY employees and imposes similar reductions with respect to COUNTY Contracts, COUNTY reserves the right to correspondingly reduce the following: The County Service Fees for that Fiscal Year and any subsequent Fiscal Year during the Term of this CONTRACT (including any extensions), and The Maximum Contract Sum. Except as set forth in the preceding sentence, the CONTRACTOR shall continue to provide all the services set forth in this CONTRACT. Director's notice to the CONTRACTOR regarding said reduction in payment obligation shall be provided within 30 calendar days of the Board's approval of such actions. 8. Deductions COUNTY may deduct from any payment due CONTRACTOR any incurred or anticipated County Reimbursement Costs, including legal fees and staff costs, associated with any investigation or enforcement proceeding brought by Cal/OSHA arising out of COUNTY Service. 9. No Payment Following Expi ration/Suspension/Term i nation of CONTRACT CONTRACTOR shall make no claim against COUNTY for payment of any money or reimbursement, of any kind whatsoever, for any County Service that CONTRACTOR provides after the expiration, suspension, or other termination of this CONTRACT. If CONTRACTOR receives any such payment, it shall immediately inform Director and repay all that payment to COUNTY. Payment by COUNTY for County Services rendered after expiration, suspension, or termination of this CONTRACT shall not constitute a waiver of COUNTY's right to recover such payment from CONTRACTOR. This provision shall survive the expiration, suspension, or termination of this CONTRACT. 10. Most Favored Public Entity If the CONTRACTOR's prices decline, or if CONTRACTOR, at any time during the term of this CONTRACT, provides services substantially the same as County Services to anyone else, including the State of California or any County, municipality, or district of the State at prices below those set forth in this CONTRACT, then CONTRACTOR shall immediately reduce the County Service Fees to match those lower prices. Santa Clarita Valley SECTION 7-42 page 11. Change in Service Area It is understood that the monthly compensation to be paid to the CONTRACTOR may be increased in proportion to the enlargement of the boundaries of the Service Area or to expansion of the area to be served, and the monthly compensation may be decreased if the area to be served decreases such as diminution of the size of the Service Area. This also included a change in the number of public receptacles and a change in the number or length of Hot Zones. 12. Dissolution of Service Area It is understood that in the event of the dissolution of the Service Area, this CONTRACT and all obligations of either of the parties thereto shall be at an end, whether such dissolution results from proceedings under the provisions of the act pursuant to which the Service Area was created, by operation of law, or resulting from municipal annexation or incorporation, except for record retention requirements. 13. Adjustment to Service Fee Throughout the Term of the CONTRACT, COUNTY may adjust the Service Fee in Attachment 7-3, Task 2 Service Fees of Exhibit 7, per the conditions set forth in Exhibit 7. Santa Clarita Valley SECTION 7-43 page SECTION 8 - WASTE CHARACTERIZATION STUDY A. Participate with County Study CONTRACTOR shall cooperate with Director in conducting Solid Waste characterization studies and waste stream audits. Cooperation includes all the following: • Diverting Collection Vehicles from their regular route to alternate locations; • Emptying all Solid Waste from Collection Vehicles; and • Providing Collection, transportation, and Disposal of Solid Waste remaining after the study or audit. B. Perform Study CONTRACTOR shall perform Solid Waste generation and Disposal characterization studies to assist County in compliance with State laws and goals. CONTRACTOR's study shall also include collecting data and preparing reports, as needed and as directed by Director, to determine weights and volumes of Solid Waste that is Collected and to characterize Solid Waste that is generated, Disposed, transformed, Diverted, or otherwise processed, by Customer type (such as Single -Family, Multi -Family, Commercial). CONTRACTOR shall follow all guidelines and sampling methodology established by CalRecycle when conducting the study. CONTRACTOR shall perform the required studies during the first Contract Year and every other year thereafter. Santa Clarita Valley SECTION 8-44 page SECTION 9 - RECORDS CONTRACTOR'S obligations and COUNTY'S rights in this Section survive the term. A. Record Maintenance and Retention 1. All Records CONTRACTOR shall prepare and maintain all Records in accordance with generally accepted auditing principles during the Term and for an additional period of not less than five years after the Expiration Date or any longer period required by Applicable Law. 2. Disposal Records CONTRACTOR acknowledges: a. Claims That COUNTY may need to respond to claims under CERCLA or similar applicable laws with respect to Disposal of Solid Waste. b. Quantity COUNTY'S need to determine the quantity, location, and date of CONTRACTOR'S Disposal of Solid Waste. Therefore, CONTRACTOR shall establish and maintain a protocol for the retention and preservation of those Records, for a period of five years after the Expiration Date or any longer period required by Applicable Law, which protocol will document where CONTRACTOR Disposed of Solid Waste that it Collected (whether landfilled, incinerated, composted, or otherwise processed or marketed). 3. Notification CONTRACTOR shall give Notice to Director at least 30 days before destroying Records of Disposal at any time after the retention period referred to in item Al of Section 9. B. County Custody If Director has reason to believe that Records may be lost, discarded, or destroyed for any reason, Director may require that CONTRACTOR give COUNTY custody of any or all Records. Access to those Records will be granted to any Person duly authorized by CONTRACTOR. CONTRACTOR shall pay for storage cost. Santa Clarita Valley SECTION 9-45 page C. Inspection and Review of Records Upon five Service Days' notice by telephone or writing, or a lesser amount of time in the event of extraordinary circumstances, Director and/or its contractor may inspect, review (including using outside contractor), excerpt, transcribe, and copy all Records at CONTRACTOR'S Office during CONTRACTOR Office Hours. CONTRACTOR may maintain Records outside of COUNTY (1) if it promptly provides copies thereof to Director at Director's offices, (2) if Director, in its sole discretion, agrees to travel outside COUNTY and CONTRACTOR pays COUNTY's Reimbursement Costs. In addition to travel costs, COUNTY will bear the expense of the review and of obtaining a copy of Records; however, within 30 days of Director Notice, CONTRACTOR shall reimburse COUNTY for COUNTY'S Reimbursement Cost of the expenses for the review if the review reveals a discrepancy of the lesser of 3 percent or $2,500 between: • The amount contained in the Records (e.g., the amount of Solid Waste Collected or Diverted), and • Any representation or Report that CONTRACTOR made to COUNTY; Franchise Fee or other money paid to COUNTY; County Service Fees paid by COUNTY, or information that CONTRACTOR submitted to Director. Director may give Notice to CONTRACTOR identifying any discrepancy. CONTRACTOR shall pay any discrepant shortfall in Franchise Fee or other payments due COUNTY, or excess of County Service Fees, upon Director demand, including fees and charges for the late payment of Franchise Fees. Failure to make those payments will constitute a CONTRACTOR Default in accordance with Part 6 of Exhibit 5. In lieu of payment, Director in its sole discretion may (1) deduct that shortfall from amounts that COUNTY owes CONTRACTOR under this CONTRACT, other contracts, or any other obligation, or (2) draw that shortfall from the performance bond, letter of credit, certificate of deposit, or other form of performance assurance provided by CONTRACTOR in accordance with Section 15. COUNTY will pay any discrepant shortfall in County Service Fees due CONTRACTOR up to COUNTY'S maximum obligation for County Service Fees appropriated by COUNTY for purpose of this CONTRACT. D. Copies of Audits If anyone, including Federal or State auditors and auditors or accountants employed by CONTRACTOR or others, conducts an audit of CONTRACTOR specifically regarding this CONTRACT, then within 30 days of the audit report, CONTRACTOR shall file a copy of the audit report with County's Auditor -Controller and notify Director of the filing, unless otherwise provided by Applicable Law. Subject to Applicable Law, COUNTY shall make a reasonable effort to maintain the confidentiality of such audit report(s) Santa Clarita Valley SECTION 9-46 page E. Submission of Records CONTRACTOR shall submit to Director, without charge to COUNTY or charge to Customers, any Records relating to Diversion requested by Director to assist COUNTY in meeting obligations imposed by Federal, State, and local laws. CONTRACTOR shall submit those Records using COUNTY's Solid Waste Information Management System (SWIMS) forms or as requested by Director. F. Public Record Request Exclusive Property The following become the exclusive property of COUNTY: Any Record or other document that CONTRACTOR gives Director, including about the procurement of this CONTRACT (such as proposals); Any Record or other document that Director obtains about Director's audit or inspection under this CONTRACT, including books and accounting records. The above Records or other documents become a matter of public record and shall be regarded as public records, except if CONTRACTOR marks them as a "trade secret," "confidential," or "proprietary," they will be deemed excluded from disclosure under Government Code 6250 et seq. (Public Records Act). However, if a requestor seeking records marked "trade secret," "confidential," or "proprietary" does not agree that the records are exempt, then COUNTY will notify the CONTRACTOR that such records will be produced, unless the CONTRACTOR intercedes and files an injunction or other action to legally prevent disclosure. CONTRACTOR agrees that COUNTY shall not in any way be liable or responsible for the disclosure of any such records including, with limitation, those so marked, if law requires disclosure, or by an order issued by a court of competent jurisdiction. 2. Defend, Indemnify and Hold COUNTY Harmless CONTRACTOR shall defend, indemnify and hold harmless County from all costs and expenses, including reasonable attorney's fees, in connection with any requested action or liability arising under the Public Records Act, including request for any of the Records or other documents marked "trade secret," "confidential," or "proprietary." CONTRACTOR releases COUNTY from liability or responsibility for disclosing Records or other documents including those so marked, if Applicable Law require disclosure, including an order issued by a court of competent jurisdiction. Santa Clarita Valley SECTION 9-47 page SECTION 10 - REPORTS A. Types and Content 1. Monthly Data Within 30 days after the end of each calendar quarter, CONTRACTOR shall complete and submit the data electronically for each individual calendar month. Upon Director request, monthly data shall be submitted as soon as possible. CONTRACTOR shall complete and submit SWIMS Forms C, L, T, and V accessible through SWIMS and e-mail Collection route maps and schedule if any map or schedule has changed during the prior month. See sample in item E of Exhibit 16. 2. Quarterly Reports Within 30 days after the end of each calendar quarter, CONTRACTOR shall submit the Quarterly Report for the preceding three calendar months ending with that month to Director using the form provided by Director, which includes the following information: a. Rejected Recyclab/es and Green Waste Number of loads and tons of materials in Recycling or Green Waste loads rejected for Processing together with the reason for rejection and facility at which the rejected materials were Disposed. b. Educational Materials A report of educational materials distributed, events held, and any events attended by CONTRACTOR to its Customers. C. Non -Collection Notices The number of Non -Collection notices issued and the reasons for issuance. d. Customer List CONTRACTOR customer service list (a SWIMS form), which includes a list of all current and closed accounts, account numbers, name associated with each account, customer addresses, level of service provided at each address, services provided that are not Contract Services, billing and payment dates, payment received from each Customer, and any other information associated with Task 1 Services as requested by Director. Santa Clarita Valley SECTION 10-48 page e. Contamination Audit Contamination audit results, if applicable. 3. Annual Report On or before each February 28, CONTRACTOR shall submit the Annual Report to Director in a form satisfactory to Director, for the preceding Calendar Year, including the following information: a. Waste Diversion Program Implementation A report of CONTRACTOR'S compliance with its Performance Obligations with respect to Waste Diversion Program implementation during the preceding Calendar Year. b. Subcontractors An updated list naming all Subcontractors, the amount of Goods or Services that each Subcontractor provides to CONTRACTOR, and a description of CONTRACTOR'S relationships to each Subcontractor (including ownership interests) in accordance with item 9M of Exhibit 5. C. South Coast Air Quality Management District Rule 1193 Each Vehicle's compliance with South Coast Air Quality Management District Rule 1193, Clean On -Road Residential and Commercial Collection Vehicles, and Diesel Particulate Matter Control Measures (13 California Code of Regulations 202 et seq.). d. Task 2 Services Information Information relating to Task 2 Services requested by Director. e. Scavenging A narrative description of efforts made to deter and prevent unauthorized removal or scavenging of Recyclables. f. Vehicles An inventory of Vehicles assigned to the service area and information on each Vehicle including its number, fuel type, year, make, model, license plate number, VIN number, assigned route with start and finish points, days of service, type of material collected, and number of accounts being serviced. CONTRACTOR shall update and submit immediately if any Vehicle, route or information has changed during the prior year. Santa Clarita Valley SECTION 10-49 page 4. Reports of Violators If CONTRACTOR discovers that any Person is providing MSW Management Services in the Service Area that are not authorized by Director or are in Violation of Applicable Law, then CONTRACTOR shall promptly e-mail Director with the following: • The identity and address of the Person ("Violator"), if known; • The facts and documentation supporting CONTRACTOR'S report; and • Any other information or documentation about the Violator and CONTRACTOR'S report that Director may reasonably request. COUNTY acknowledges that CONTRACTOR may seek legal or injunctive relief against the Violator in accordance with Applicable Law to cease providing those MSW Management Services. Notwithstanding the foregoing, COUNTY is not liable to CONTRACTOR, and CONTRACTOR hereby releases COUNTY about any act of a Violator. B. Submission of Reports CONTRACTOR shall submit Reports in a format compatible with COUNTY'S computers and shall submit reports using the following methods: 1. Monthly Reports Submitted electronically by using forms available through SWIMS, in accordance with this Section. 2. Quarterly Reports and Annual Report Submitted via e-mail or printed copy, as determined by Director, in accordance with this Section. C. Reporting Adverse Information CONTRACTOR shall provide Director copies of all reports, pleadings, applications, notifications, and notices of violation, communications or other material directly relating to its Performance Obligations submitted by CONTRACTOR to, or received by CONTRACTOR from Regulatory Agencies, including any of the following: • The United States or California Environmental Protection Agency; • CalRecycle; • The Securities and Exchange Commission; • Any other Regulatory Agency; • Any Federal, State, or County court. Santa Clarita Valley SECTION 10-50 page CONTRACTOR shall submit copies to Director simultaneously with CONTRACTOR'S submission of those materials to those entities. At Director's request, CONTRACTOR shall promptly make available to Director any other correspondence between CONTRACTOR and those entities. D. County's Right to Request Information At Director's request, CONTRACTOR shall promptly provide to Director additional information reasonably and directly pertaining to this CONTRACT (including substantiation of information submitted in Reports). Santa Clarita Valley SECTION 10-51 page SECTION 11 - SUBSTITUTE, EMERGENCY AND BACK-UP SERVICE A. Director's Right to Provide Contract Services 1. Events With or without making use of CONTACTOR's vehicles or personnel, COUNTY may provide or contract with a third party to provide, for the performance of, any or all Customers services in either of the following events, determined by Director in its sole discretion: a. Unable for a Period of 48 Hours to Collect • For 48 consecutive hours CONTRACTOR does not Collect and Dispose of any type of Solid Waste for any reason, including Uncontrollable Circumstances, or • Director determines there is danger to public health, safety, or welfare. b. COUNTY Suspends or Terminates CONTRACT County suspends or terminates all or a portion of the CONTRACT. COUNTY has no obligation to continue providing any or all Contract Services. It may stop providing them at any time, in its sole discretion. However, COUNTY may continue to provide those Contract Services until either of the following occurs: • CONTRACTOR demonstrates to Director's satisfaction that CONTRACTOR is ready, willing, and able to resume providing timely and full Contract Services, or • Director can make alternative arrangements for providing MSW Management Services comparable to Contract Services in scope and price. Alterative arrangements may include contracting with another, third -party service provider. 2. Notice Director may give CONTRACTOR oral notice that Director is exercising its right to perform Task 1 and Task 2 Services, which notice is effective immediately, but must confirm oral notice with a Notice within 24 hours thereafter. 3. Stipulations CONTRACTOR stipulates that COUNTY'S exercise of rights under this Section does not constitute a taking of private property for which COUNTY Santa Clarita Valley SECTION 11-52 page must compensate CONTRACTOR, shall not create any liability on the part of COUNTY to CONTRACTOR, and does not exempt CONTRACTOR from any Indemnities, which Parties acknowledge are intended to extend to circumstances arising under this Section. However, CONTRACTOR is not required to indemnify COUNTY against claims and damages arising from the negligence or misconduct of COUNTY officers and employees (other than employees of CONTRACTOR at the time COUNTY began performing Task 1 and Task 2 Services) and agents driving Vehicles. COUNTY shall indemnify CONTRACTOR, its Affiliates and its and their officers, directors, employees, and agents from and against damages, costs, or other expenses or losses they incur arising out of or relating to that negligence or misconduct. 4. Rental and Other Compensation a. Uncontrollable Circumstances If an event described in items Ala or Al b in Section 11 is due to Uncontrollable Circumstances, then COUNTY shall pay CONTRACTOR the following Direct Costs. However, CONTRACTOR shall not double bill COUNTY for services already compensated through charging and collecting either Customer Service Fees or County Service Fees. For example, CONTRACTOR shall not be paid for the use of automated Collection Vehicles for scheduled weekly Collection from Containers since CONTRACTOR is already receiving Customer's payment for that service which includes use of these Vehicles. (1) Rental Fees Rental fees for the use of equipment equal to fair market value thereof as determined by an independent appraiser selected by the Parties. (2) Vehicles CONTRACTOR'S Direct Costs of providing Vehicles with fuel, oil, and other maintenance. (3) Personnel CONTRACTOR'S Direct Costs of making CONTRACTOR'S personnel available to COUNTY, including Direct Costs of using CONTRACTOR's personnel to operate CONTRACTOR's equipment or vehicles. The Parties shall select an appraiser as follows: within ten days after CONTRACTOR requests payment of rental fees in events described Santa Clarita Valley SECTION 11-53 page A C. in item (i) of this subsection 8a, each Party will prepare a separate list of five Persons who do not work for either Party having experience in solid waste equipment appraisal, in numerical order with the first preference at the top, and exchange and compare lists. The Person ranking highest on the two lists by having the lowest total rank order position on the two lists is the appraiser. In case of a tie in scores, the Person having the smallest difference between the rankings of the two Parties is selected; a coin toss determines other ties. If no Person appears on both lists, this procedure is repeated. If selection is not completed after the exchange of three lists or 60 days, whichever comes first, then each Party will select one Person having the qualifications and experience described above and those two Persons will together select an appraiser. CONTRACTOR shall provide equipment, Vehicles, and/or personnel upon request and not wait for the determination of the appraiser. b. Other Than Uncontrollable Circumstances If an event enumerated in items Ala or Al b in Section 11 is not due to Uncontrollable Circumstances, then COUNTY will not be obligated to pay the compensation and CONTRACTOR shall pay County's Reimbursement Costs within 10 days of COUNTY'S submitting an invoice therefore. If CONTRACTOR does not so timely pay, COUNTY may draw upon any performance bond, letter of credit, or other security provided under this CONTRACT. Moved to Item F of Exhibit 3A2 Backup Service Plan CONTRACTOR shall implement its Backup Service Plan within seven days of Director request if Customer's Solid Waste is not Collected at Customer's Set -Out Site or Abandoned Waste is not Collected for any reason, including uncontrollable circumstances. An example is if CONTRACTOR'S drivers strike or it is not possible to provide Contract Services in difficult to service areas due to severe weather conditions, especially on hillsides. CONTRACTOR shall include the provisions: Dumpsters or roll -off containers Provide conveniently located Dumpsters or roll -off containers where Customers may discard Solid Waste. 2. Self -hauling Solid Waste Offer Customers the option of self -hauling Solid Waste to a transfer station or disposal facility. Santa Clarita Valley SECTION 11-54 page 3. Inform Customers Inform Customers of procedures for handling Solid Waste, preventing litter and discouraging vectors (such as keeping Carts in their storage place and not at Set -Out Sites, discarding excess Solid Waste in closed plastic bags and not loose in Carts). 4. Customer Service Fee Refund Policy Describe any Customer Service Fee refund policy for missed Task 1 Services. 5. Replacement Drivers Provide replacements for drivers and other employees who are not providing Collection or other Contract Services (such as supervisory personnel or management, or employees of Affiliates or other solid waste management companies), in cases of strikes of CONTRACTOR drivers, and security for those drivers and other employees. 6. Priority Service Customers Identify customers that require priority service. D. Use of Goods, Services and Property 1. Cart Acquisition Contracts CONTRACTOR acknowledges that COUNTY must have full use and possession of Carts to secure its rights under this Contract, including both the following: • Providing substitute franchise service in accordance with its remedies under Part 6 of Exhibit 5 for Breach or default, and • Purchasing Carts upon termination of this Contract. Therefore, if CONTRACTOR does not own Carts outright without encumbrance, any Cart Acquisition Contract must allow the Guarantor, COUNTY or COUNTY designee to do all the following: • Assume CONTRACTOR's obligations under the Cart Acquisition Contract, • Take use and possession of the Carts, and • Obtain the benefits of any outstanding Cart warranties. "Cart Acquisition Contract" means an instrument establishing a security interest in the Carts or that otherwise encumbers or limits CONTRACTOR's interest in Carts, including any of the following: Santa Clarita Valley SECTION 11-55 page Lease or lease -purchase agreement, Installment sales or other financing contract, or Note or other loan documentation. 2. Inventory CONTRACTOR shall store unused Carts in a secure location. CONTRACTOR shall update its Cart inventory at both following times: In each Monthly Report and Annual Report, and Within one week of COUNTY request 3. Insurance If COUNTY or Customers have possession and use of Goods, Services and Property, CONTRACTOR shall execute whatever documentation its liability insurers require to ensure that COUNTY and Customers are protected and covered by CONTRACTOR's general and automobile policies, including requesting and executing endorsements to those policies. CONTRACTOR is not obligated to pay any additional cost of those endorsements unless COUNTY reimburses CONTRACTOR for those costs. COUNTY may pay for any endorsements, additional premiums or other costs. CONTRACTOR authorizes COUNTY to call and confer with CONTRACTOR's insurance broker to determine what, if any, documentation or actions are necessary to achieve protection satisfactory to COUNTY. Upon COUNTY REQUEST, CONTRACTOR shall direct its insurance broker to cooperate with and take direction from COUNTY. CONTRACTOR may not rescind that authorization without COUNTY consent. 4. Vehicle Certification for FEMA CONTRACTOR shall cooperate with COUNTY to certify all Vehicles to be used for emergency work. CONTRACTOR shall not use non -certified Vehicles unless approved by Director. Santa Clarita Valley SECTION 11-56 page SECTION 12 - ENFORCEMENT OF CONTRACT A. As Provided by Law Either Party may avail itself of any remedy available under law. B. COUNTY's Additional Remedies Without limiting COUNTY'S remedies otherwise available under this CONTRACT in law or equity, at its option, COUNTY may enforce a Breach in any or all the following ways: • Execute alternative CONTRACTs for MSW Management Services in the event of CONTRACTOR Default • Seek to obtain injunctive relief and/or damages • Assess damages under item D of this Exhibit • With respect to a CONTRACTOR Default under Part 6133 of Exhibit 5 (Failure to Provide Insurance, Bonds), immediately withhold payments due CONTRACTOR • Draw on Performance Assurance / Letter of Credit under Section 15 C. Injunctive Relief CONTRACTOR acknowledges that COUNTY'S remedy of damages for a Breach may be inadequate for reasons including the following: • The urgency of timely, continuous, and high -quality Task 1 and Task 2 Services, including Collection, transportation, and/or transfer for Disposal of wastes which constitute a threat to public health; • The long time and significant commitment of money and personnel and elected officials (both COUNTY staff and private consultants, including engineers, procurement counsel, citizens, public agency colleagues, and elected County officials) invested in this CONTRACT, including developing COUNTY'S Option Analysis dated February 2001 and implementing its recommendations through numerous meetings of a Working Group comprised of Solid Waste industry representatives from small and large businesses, requesting and evaluating qualifications and proposals for this CONTRACT (including CONTRACTOR'S), reviewing and commenting on documentation submitted by CONTRACTOR in conjunction with execution of this CONTRACT, and review of CONTRACTOR Documentation; • The time and investment of personnel and elected officials described in the preceding paragraph to develop alternative Solid Waste services comparable to Task 1 and Task 2 Services for the price provided under this CONTRACT, and to negotiate new contracts therefore; and • COUNTY'S reliance on CONTRACTOR'S technical Solid Waste management expertise. Consequently, COUNTY is entitled to all available equitable remedies, including injunctive relief. Santa Clarita Valley SECTION 12-57 page D. Recovery of Damages 1. Compensatory COUNTY may seek compensatory damages, including, but not limited to the following: • Amounts equal to any Franchise Fees, liquidated damages, or other amounts that CONTRACTOR has previously paid to COUNTY but are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; • If COUNTY terminates this CONTRACT for a CONTRACTOR Default or in the event of Criminal Activity in accordance with Part 6D2 of Exhibit 5, costs incurred by COUNTY to provide or reprocure MSW Management Services in lieu of Task 1 and Task 2 Services; • If COUNTY terminates this CONTRACT before expiration for a CONTRACTOR Default or in the event of Criminal Activity in accordance with Part 6D2 of Exhibit 5, costs of MSW Management Services provided or reprocured in lieu of Task 1 and Task 2 services more than Customer Service Fees/County Service Fees for the balance of the Term remaining if this CONTRACT had not been terminated; and • In the event of CONTRACTOR DEFAULT under Part 6133 of Exhibit 5 (Failure to Provide Insurance, Bond), in COUNTY'S sole discretion, obtain damages resulting from that DEFAULT. COUNTY may draw upon the performance bond, letter of credit, certificate of deposit, or other form of performance assurance provided by CONTRACTOR in accordance with Section 15 to pay compensatory damages. For CONTRACTOR'S misrepresentation regarding contingent fees in Attachment 5-91-1, in addition to terminating this CONTRACT, COUNTY may recover from CONTRACTOR the full amount of the proscribed commission, percentage, brokerage, or contingent fee. 2. Liquidated Damages COUNTY may seek liquidated damages listed in Exhibit 12-D2. The Parties have set these liquidated damages in recognition of the following circumstances existing at the time of the formation of this CONTRACT: a. COUNTY incurred considerable time and expense procuring this CONTRACT to secure an improved level of Collection quality and increased Customer and Occupant satisfaction. Therefore, Santa Clarita Valley SECTION 12-58 page consistent and reliable Task 1 and Task 2 Services are of the utmost importance to COUNTY and Customers and Occupants. b. COUNTY has considered and relied on CONTRACTOR'S representations as to its quality of service commitment in entering into this CONTRACT, and CONTRACTOR'S Breach represents a loss of bargain to COUNTY. CONTRACTOR is experienced in providing services like Task 1 and Task 2 Services. C. Quantified standards of performance are necessary and appropriate to ensure quality, consistent, and reliable Collection, and if CONTRACTOR fails to meet its Performance Obligations, COUNTY will suffer damages (including its Customers and Occupants' inconvenience; anxiety, frustration, potential political pressure, criticism, and complaint by Customers and Occupants; lost Supervisors and staff time; deprivation of the benefits of this CONTRACT and loss of bargain) in subjective ways and in varying degrees of intensity that are incapable of measurement in precise monetary terms, and that it is and will be impracticable and extremely difficult to ascertain and determine the value thereof. It would be difficult for COUNTY to prove its loss resulting from CONTRACTOR'S Breaches and nonperformance or untimely, negligent, or inadequate performance of County Services. d. The CONTRACT contains a reasonable statement of Task 1 and Task 2 Services in order that the Parties will realize their expectations. COUNTY expects that CONTRACTOR shall perform Task 1 and Task 2 Services with due care in a workmanlike, competent, timely, and cost-efficient manner. CONTRACTOR expects to realize a profit by performing Task 1 and Task 2 Services in accordance with the terms and conditions of the CONTRACT for County Service Fees. e. In addition, in the event of Breach or CONTRACTOR Default, urgency of protecting public health and safety may necessitate that COUNTY enter into emergency or short-term arrangements for services without competitive procurement at prices substantially greater than under this CONTRACT, and the monetary loss resulting there from is impossible to precisely quantify. Time is of the essence. f. The CONTRACTOR accepts COUNTY'S assessment of liquidated damages for certain Breaches as part of the consideration CONTRACTOR offers to COUNTY for the award of this CONTRACT to CONTRACTOR. Santa Clarita Valley SECTION 12-59 page g. Lastly, termination of this CONTRACT for CONTRACTOR Default and other remedies provided in this CONTRACT are, at best, a means of future correction and not remedies that make COUNTY whole for past Breaches and CONTRACTOR Defaults. Therefore, the Parties agree that the liquidated damages listed in Exhibit 12-D2 represent a reasonable estimate and fair approximation of the amount of damages COUNTY would incur as a consequence of CONTRACTOR'S Breach corresponding to each item of specified liquidated damages, considering all the circumstances existing on the date of this CONTRACT, including the relationship of the sums to the range of harm to COUNTY that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this CONTRACT, each Party specifically confirms the following: the accuracy of the statements made above, and the fact that each Party had many opportunities to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this CONTRACT was made. E. County's Reimbursement Costs CONTRACTOR shall pay COUNTY promptly upon request, COUNTY'S Reimbursement Costs of conducting a nonroutine investigation of any alleged Breach, when appropriate in judgment of Director. CONTRACTOR shall reimburse COUNTY for COUNTY'S Reimbursement Costs incurred because of CONTRACTOR'S Breach, including failure to maintain insurance. F. Waiver No waiver by County of any Breach of any provision of this CONTRACT constitutes a waiver of any other Breach of that provision. Failure of COUNTY to enforce at any time, or from time to time, any provision of this CONTRACT will not be construed as a waiver thereof. The rights and remedies set forth in this item F are exclusive and are in addition to any other rights and remedies provided by law or under this CONTRACT. Santa Clarita Valley SECTION 12-60 page SECTION 13 - UNPERMITTED WASTE SCREENING AND REPORTING (Contract Services) A. Protocol CONTRACTOR shall develop and implement the Unpermitted Waste Screening Protocol in compliance with Applicable Law and including the following provisions: • Ongoing employee training in identification, safety and notification procedures, including leaving Non -Collection notices, when safe; • Means of driver inspection, such as visual inspection during tipping of Carts into Vehicles; • Immediate driver response, such as load segregation; • Driver notification, such as calling CONTRACTOR'S dispatcher or field supervisor; • Notification of appropriate local agency or department; • Appropriate action, such as segregation and containerization for manifesting and transport for disposal in accordance with Applicable Law or securing services of permitted handling and transport company; • Compliance with Applicable Law, including regulations of the United States Department of Transportation (DOT) (Title 49 CFR) and of the United States Environmental Protection Agency (Title 40 CFR); and • Labels on Containers, described in item D of this Section. B. Prohibition on Collection CONTRACTOR shall not Collect any Unpermitted Waste that it finds in Refuse, Recyclables, or Green Waste unless it is licensed under Applicable Law. If CONTRACTOR finds Unpermitted Waste it shall notify all Persons in compliance with Applicable Law. C. Notice to Director If CONTRACTOR sees anything that it reasonably believes or suspects may be Unpermitted Waste on any public property in COUNTY, CONTRACTOR shall immediately notify Director and all Persons in compliance with Applicable Law. Public property includes storm drains, streets, and other public rights of way. D. Labels CONTRACTOR shall conspicuously label Containers with embossing or other secure means prohibiting Customers from discarding Unpermitted Waste. CONTRACTOR shall submit the label and text for Director approval prior to placing any purchase order for Containers. Item D9 of Exhibit 3A1 contains additional Container requirements. Santa Clarita Valley SECTION 13-61 page SECTION 14 - EXECUTION OF CONTRACT A. Execution in Counterparts This CONTRACT, including dated signatures on amended Exhibits and attachments to those Exhibits, may be signed in any number of original counterparts. All counterparts constitute the same CONTRACT. B. Authority to Execute COUNTY warrants that the individual signing this CONTRACT has been duly authorized by COUNTY to sign this CONTRACT on behalf of COUNTY and has the full right, power, and authority to bind COUNTY to this CONTRACT. CONTRACTOR warrants that the individual signing this CONTRACT below has been duly authorized by CONTRACTOR to sign this CONTRACT on behalf of CONTRACTOR and has the full right, power, and authority to bind CONTRACTOR to this CONTRACT. Santa Clarita Valley SECTION 14-62 page SECTION 15 - PERFORMANCE ASSURANCE A. Performance Bonds, Other Securities CONTRACTOR shall secure and maintain throughout the Term and until CONTRACTOR has complied with all is obligations that survive the Expiration Date a faithful performance bond, approved by COUNTY. The performance bond must be in a form satisfactory to COUNTY or, at COUNTY'S sole and absolute discretion, any alternative security acceptable to Director, including cash, certified check payable to COUNTY, certificate of deposit, or letter of credit (together, "Performance Assurance"), in the amount not less than $50,000. The Performance Assurance secures full and timely satisfaction of Performance Obligations for both Task 1 and Task 2 services. CONTRACTOR shall provide a Performance Assurance in the amount listed in the table below for the period beginning on the Execution Date and ending on the last day of the first Contract Year. Service Area Amount of Performance Assurance Santa Clarita Valley $672,876.96 Beginning on the first day of the next Contract Year, and in all subsequent Contract Years, that amount must be not less than the sum of: 15 percent of CONTRACTOR'S Gross Receipts from Task 1 Services minus any Franchise Fees for the prior Contract Year; + 15 percent of CONTRACTOR'S Gross Receipts from Task 2 Services for the prior Contract Year + 110 percent of any Franchise Fees paid by CONTRACTOR during the first six months of the prior Contract Year; + 110 percent of any liquidated damages assessed CONTRACTOR by COUNTY during the first six months of the prior Contract Year; and + Up to $50,000, at the discretion of Director; = SUM OF PERFORMANCE ASSURANCE ($50,000 MINIMUM) A performance bond must be payable to COUNTY and executed by a corporate surety licensed to transact business (admitted) as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by Director. The form of performance bond may not allow the bond surety to substitute another Person to perform Task 1 and Task 2 services but must provide for payment of moneys to COUNTY to; (1) secure substitute Task 1 and Task 2 services; (2) remedy damages incurred by COUNTY, including reasonable expenses, attorney's fees, and liquidated and compensatory damages; (3) ensure satisfaction of all Performance Obligations, including Santa Clarita Valley SECTION 15-63 page payment of Franchise Fees; and, (4) repay any money recovered from COUNTY in any bankruptcy or similar proceedings relating to CONTRACTOR. The performance bond must be conditioned on faithful performance by CONTRACTOR of all the terms and conditions of this CONTRACT, including payment of Franchise Fees and any liquidated damages. Each Performance Assurance must be renewed to provide for continuing liability in the above amount notwithstanding any payment or recovery thereon. At least 30 days prior to the Execution Date and 30 days prior to any renewal of the Performance Assurance, CONTRACTOR shall deliver the Performance Assurance to Director. Director may verify the accuracy and authenticity of the Performance Assurance submitted. B. Further Assurances In addition to all other rights and remedies it may have, within five days of County request CONTRACTOR will provide reasonable assurances that it can timely and fully meet its obligations under this CONTRACT in any or all of in the following events: 1. Labor CONTRACTOR is the subject of any labor unrest (including work stoppage or slowdown, sick-out, picketing and other concerted job actions). 2. Tipping Fees CONTRACTOR does not pay an Identified Solid Waste Facility for services. 3. Employee Wages CONTRACTOR does not pay wages to its employees, provide workers' compensation insurance required by law, or pays employment —related taxes or fees. 4. County CONTRACTOR does not pay COUNTY any amount that COUNTY has charged CONTRACTOR. 5. Meet Obligation In the COUNTY's judgment, the occurrence of either of the following events jeopardizes CONTRACTOR's ability to timely and fully meet its obligations under this CONTRACT: Santa Clarita Valley SECTION 15-64 page • CONTRACTOR does not regularly pay its bills when due, or • The entering of any judgment against CONTRACTOR or any Guarantor with respect to Criminal Conduct by CONTRACTOR or Guarantor. "Assurance of Performance" means any or all of the following actions, as COUNTY requests: • reduction or elimination of insurance deductibles or self -insured retention, • providing or increasing the size of a letter of credit, or • providing an additional performance bond, certificate of deposit or other instrument. Santa Clarita Valley SECTION 15-65 page SECTION 16 - CONTRACT SERVICE AREA INFORMATION CONTRACTOR is to use and follow the information below provided by Director. Not every Service Area has a sample of every item as it may not be applicable. For example, East Los Angeles has no history of bears opening Refuse Containers so a Bear Map will not be included. Many of the required documents in Exhibit 3D will have a sample listed below. 1. 2. 3. 4. 5. 6. 7. Service Area and Collection Schedule Hot Zones Difficult to Service Rpar 7nnp Alleys Public Receptacles Roll -Out Minimum Service B. Sample Graphics 1. 2. 3. C. Data A 1. 2. 3. 4. 5. Cart Lid Labels Dumpster Labels Vehicle Billboards Street and Alley Miles Difficult to Service Addresses Public Receptacles Locations Roll -Out Minimum Service Locations Customer Information • Number of Customers • Number of Containers of each Size • Number of Senior Discounts • Number of Extra Services (Manure, Bear Cart, Roll -Out, etc.) • Number of Extra Containers 6. Tonnages 7. Item Typical Weights • CalRecycle Conversion Factor • FRN Outreach 1. COUNTY and CONTRACTOR Letters 2. Non -Collection Notice 3. Customer Terms and Conditions 4. Service Brochure Santa Clarita Valley SECTION 16-66 page • Residential • Multi -Family 5. Rate Sheet 1. Form C 2. Form L 3. Form T 4. Form V Vehicle List H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H Santa Clarita Valley SECTION 16-67 page IN WITNESS WHEREOF, COUNTY has by order of its Board of Supervisors caused this CONTRACT to be signed by Director, and CONTRACTOR has caused this CONTRACT to be signed by its duly authorized officers, as of the date first written above. APPROVED AS TO FORM: County Counsel Deputy COUNTY OF LOS ANGELES Director of Public Works BURRTEC WASTE INDUSTRIES, INC. go President Type or Print Name Secretary Type or Print Name Santa Clarita Valley SECTION 16-68 page Scope of Work - Part 11 EXHIBITS AND ATTACHMENTS TABLE OF CONTENTS EXHIBIT 3A1 - Task 1 Services......................................................................................1 A. General............................................................................................................................1 B. Solid Waste Collection Requirements........................................................................... 1 C. Diversion..........................................................................................................................3 D. Containers....................................................................................................................... 5 E. Vehicles.........................................................................................................................10 F. Solid Waste Transportation, Processing, Diversion, and Disposal ...........................13 G. Recyclables...................................................................................................................14 H. Special Services............................................................................................................16 I. Roll -Out Services for Containers................................................................................. 20 J. Method of Payment for Task 1 Services..................................................................... 21 K. Transition Roll -Out Plan...............................................................................................21 L. Public Education and Outreach................................................................................... 22 M. CONTRACTOR Commitments Made in Proposal.....................................................28 N. Additional Performance Obligations Specific to this Service Area ............................ 28 O. Difficult to Service.......................................................................................................... 28 P. Organics........................................................................................................................ 28 EXHIBIT 3A2 -Task 2 Services..................................................................................... 30 A. Abandoned Waste Collection, Transportation, and Diversion/Disposal ................... 30 B. Public Curbside Receptacles Collection Service........................................................ 33 C. Abandoned Cart, Dumpster, or Roll -Off Removal ...................................................... 36 D. Vehicles......................................................................................................................... 36 E. Homeless Encampments.............................................................................................38 F. Emergency Assistance (Contract Services)............................................................... 40 EXHIBIT 3A3.2 — Additional Services............................................................................ 44 A. Mulch and Compost Giveaway Program (Item H7 of Exhibit 3A1) ...........................44 B. Bulky Item and Excess Solid Waste Collection (Item H3 of Exhibit 3A1) ................. 44 C. Annual Cleanup Events Services (Item H2 of Exhibit 3A1)....................................... 45 EXHIBIT 3D — Contractor Documentation.....................................................................46 A. Notice to Director Required..........................................................................................46 B. Director Consent Required...........................................................................................46 Exhibit 5-Additional Contract Language......................................................................157 PART 3 - GENERAL CONTRACT REQUIREMENTS ............................................. 157 A. Employment Eligibility Verification.............................................................................157 B. Security and Background Investigations...................................................................157 Santa Clarita Valley Page i Scope of Work - Part 11 C. Consideration of Hiring COUNTY Employees..........................................................157 D. Conflict of Interest.......................................................................................................158 E. Fair Labor Standards Act...........................................................................................158 F. Consideration of GAIN/GROW Participants for Employment..................................158 G. Record Retention and Inspection/Audit Settlement..................................................158 H. Compliance with COUNTY's Jury Service Program................................................160 I. CONTRACTOR's Charitable Activities Compliance.................................................161 J. Social Enterprise Preference Program......................................................................161 K. Local Small Business Enterprise Preference Program............................................162 L. Disabled Veteran Enterprise Preference Program...................................................163 M. CONTRACTOR Responsibility and Debarment.......................................................164 N. Reporting Requirements for Improper Solicitations..................................................166 O. COUNTY's Quality Assurance Plan..........................................................................166 P. Local Small Business Enterprise Utilization............................................................166 Q. Compliance with COUNTY's Zero Tolerance Human Trafficking ...........................167 WT_\:i9 E, I 1►1Q21►TA1►11a[eL,IIto] ►W101I9110RVIZT_1►Is] OR] A. Indemnification and Release of COUNTY................................................................168 B. Insurance.....................................................................................................................170 C. Compensation for COUNTY Costs............................................................................175 D. Alternative Risk Financing Programs........................................................................176 PART 6 - DEBARMENT BREACHES AND DEFAULTS; SUSPENSION; TERMINATION 177 A. Notice of Breach; CONTRACTOR Cure...................................................................177 B. CONTRACTOR Default. The following constitute CONTRACTOR Defaults ........ 177 C. Notice of CONTRACTOR Default.............................................................................180 D. Suspension or Termination of CONTRACT..............................................................180 E. CONTRACTOR Responsibility and Debarment.......................................................183 F. Termination For Breach Of Warranty To Maintain Compliance With County Defaulted Property Tax Reduction Program.............................................................184 PART 8 - TRANSFER OF CONTRACT.................................................................. 185 A. COUNTY Consent......................................................................................................185 B. CONTRACTOR Demonstration.................................................................................186 C. Payment of COUNTY's Transfer Costs.....................................................................186 D. COUNTY's Reimbursement Costs of Enforcement.................................................187 PART 9 - GENERAL PROVISIONS........................................................................ 188 A. Exercise of Options.....................................................................................................188 B. Independent Status.....................................................................................................188 C. Damage to Property and Personal Injury ..................................................................188 D. Venue..........................................................................................................................189 E. Changes and Amendments.......................................................................................189 F. Notices.........................................................................................................................189 G. Authorized Representative of Director.......................................................................190 Santa Clarita Valley Page ii Scope of Work - Part 11 H. Authority and Representations; COUNTY Disclaimer..............................................190 I. Limitation on Terms and Conditions..........................................................................191 J. 21-Day Notice by Customer.......................................................................................191 K. Criminal Activity...........................................................................................................191 L. Delay of Performance Obligations.............................................................................192 M. Subcontractors............................................................................................................193 PART 10 - DEFINITIONS AND INTERPRETATION OF CONTRACT ................... 194 A. Definitions....................................................................................................................194 B. Interpretation and Construction..................................................................................194 C. Integration ....................................................................................................................195 D. Governing Law............................................................................................................195 E. Severability..................................................................................................................195 F. Interpretation...............................................................................................................196 LTG1:4sS 130Ze] OVA I»I_1►us] 2RVJ/II:IA_ANTICY_1►101V:tell] W_,I110101 LOIN A. Applicable Law............................................................................................................197 B. COUNTY Child Support Compliance Program........................................................199 C. COUNTY Defaulted Property Tax Reduction Program...........................................199 PART 12 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS 200 A. Labor Code..................................................................................................................200 B. Notices to Employees.................................................................................................200 C. Prohibition Against Use of Child Labor......................................................................201 D. Nondiscrimination.......................................................................................................202 E. Safety...........................................................................................................................203 F. COUNTY Lobbyists....................................................................................................204 ATTACHMENT 5-9G — Authorized Representative of COUNTY's Director ................. 205 ATTACHMENT 5-9H — CONTRACTOR's Representations and Warranties...............206 A. Status...........................................................................................................................206 B. Statements and Information.......................................................................................206 C. No Conflicts.................................................................................................................206 D. No Approvals Required..............................................................................................206 E. No Litigation.................................................................................................................206 F. Due Diligence..............................................................................................................207 G. Compliance with Applicable Law...............................................................................207 H. Ability to Perform.........................................................................................................207 I. Contingent Fees..........................................................................................................207 J. Opportunity to Comment............................................................................................207 K. Solid Waste Facilities..................................................................................................208 L. CONTRACTOR Documentation................................................................................208 M. Personnel....................................................................................................................208 Santa Clarita Valley Page iii Scope of Work - Part 11 ATTACHMENT 5-10A - Definitions............................................................................. 209 EXHIBIT 7 — Contract Services (Adjustment of Service Fees)....................................227 A. Service Fee Schedule................................................................................................227 B. This item is no longer used........................................................................................232 C. Service Fee Adjustment for Annual Increase or Decrease in CPI .......................... 232 D. Service Fee Adjustment for Annual Increase or Decrease in Fuel .........................232 E. Service Fee Adjustment for Changes in Refuse Disposal and Green Waste Diversion Facility Fees.............................................................................................233 F. Future Service Fee Adjustment Components...........................................................235 G. Service Fee Adjustment Definitions...........................................................................235 H. Temporarily Discontinued Indices..............................................................................236 ATTACHMENT 7-1 — Service Fee Adjustment Example ............................................. 237 A. Annual increase or decrease in CPI Example (C of Exhibit 7) ................................237 B. Annual increase or decrease in Fuel Example (D of Exhibit 7) .............................237 C. Changes in Disposal/Diversion Tipping Fees Example (E of Exhibit 7)..................237 D. Weighted Service Fee Adjustment Percentage Example (C, D, and E of Exhibit 7) .. 238 ATTACHMENT 7-2 — Task 1 Service Fees............................................................. 24239 ATTACHMENT 7-4 — Task 2 Homeless and Emergency Service Fees ...................... 242 EXHIBIT 12-D2 — Liquidated Damages....................................................................... 243 Santa Clarita Valley Page iv Scope of Work - Part 11 EXHIBIT 3A1 - Task 1 Services Refuse, Recyclables, and Green Waste Container Services to Occupants at Residential Premises and Certain Multifamily and Commercial Premises A. General Contract Services include providing Goods, Services, and Property necessary to meet Performance Obligations, including: • Labor and supervision; • Software and hardware, including records of Customer subscription and complaints, billing, and routing • Leases; subleases; installment purchase agreements, including with respect to Vehicles and Carts, • Equipment, including Vehicles, Carts or other Containers (such as for special events); • Supplies; • Insurance, bonds or other performance security if the insurer, surety or other provider is an Affiliate or a captive of CONTRACTOR or any Affiliate; • Maintenance and office -administration facilities, and their contents, • Legal, risk management, general, and administrative services. B. Solid Waste Collection Requirements CONTRACTOR shall Collect Refuse, Recyclables, and Green Waste in the Service Area from Containers, Bulky Items, and Excess Solid Waste, as provided in this Exhibit. Collect, Collection, or Collecting means Solid Waste pickup(s) made by CONTRACTOR required by and in accordance with this CONTRACT, including Abandoned Waste. 1. Days Authorized to Collect Residential Collection is only permitted Monday through Friday, except following a Holiday. Commercial Collection is permitted Monday through Saturday, except following a Holiday. For each Occupant CONTRACTOR shall Collect Recyclables and Green Waste on the same day that CONTRACTOR Collects the Refuse. 2. Collection Hours CONTRACTOR shall Collect only between the hours of 6 a.m. and 6 p.m., except for Collection from Commercial Customers and Occupants in Santa Clarita Valley Exhibit 3A1: Page 1 Scope of Work - Part 11 accordance with COUNTY Code, including Section 12.08.520 Refuse Collection Vehicles. If it becomes evident that CONTRACTOR may not be able to complete its scheduled work within the required hours, CONTRACTOR shall immediately notify Director and receive consent to Collect outside of regular hours. Director may request a proposal for measures to be taken to maintain the scheduled service without delay or interruption. CONTRACTOR shall not Collect in School Zones 30 minutes prior to the school's starting time and 30 minutes after ending time, or at any time that children are present. CONTRACTOR shall use Reasonable Business Efforts to adjust the early morning start point of Collection routes to address and minimize Occupant complaints. 3. Collection Frequency CONTRACTOR shall Collect Solid Waste on the scheduled Collection Day, at least once per week from Occupants. The frequency of Collection may be reduced at the discretion of Director. For example, the Collection frequency of Refuse may be reduced if Food Waste is not allowed in the Refuse Container or Recyclables Containers Collection frequency may be reduced to every other week. Customers may increase the frequency of their collection for an additional charge for the Customer Service Fees provided on Attachment 7-2, Task 1 Service Fees of Exhibit 7. 4. Collection Schedule CONTRACTOR shall schedule Collection in the Service Area on the Service Days as indicated on the schedule in item Al of Exhibit 16 (Collection Schedule), or other schedule approved by Director if it significantly improves efficiencies. Any proposed changes in the Collection schedule shall have the Service Day be one to two Service Days before streets are swept as provided in Director's schedule for street sweeping in the Service Area. Director may amend this schedule at any time, and CONTRACTOR shall use Reasonable Business Efforts to implement this amendment. CONTRACTOR shall prepare a notice notifying the affected Customers and Occupants of the change and send such notice to these Customers and Occupants upon receiving approval from Director. Santa Clarita Valley Exhibit 3A1: Page 2 Scope of Work - Part 11 5. Holidays CONTRACTOR shall observe the following Holidays: • New Year's Day • Memorial Day • Fourth of July • Labor Day • Thanksgiving Day • Christmas Day Collection shall be delayed one day for the Holiday and the remainder of the Holiday week. CONTRACTOR may Collect on Saturday of the same week for Residential Customers and Occupants and on Sunday for Commercial Customers and Occupants. C. Diversion 1. Divert Materials a. Refuse Transport and Disposal. CONTRACTOR shall transport all Refuse that it Collects to the Solid Waste Facility that it designates in CONTRACTOR Documentation in Exhibit 3D. b. Recyclables Transport and Processing: CONTRACTOR shall transport all Recyclables that it Collects from Recyclables Containers to the Processing facility that it designates in CONTRACTOR Documentation in Exhibit 3D, such as a materials recovery facility. CONTRACTOR shall recycle and dismantle all E-waste that it collects into materials that meet commercial standards for marketable commodities such as metals, plastic, and glass in a facility that operates within the United States. CONTRACTOR shall not ship any other E-waste or E-waste components outside the United States. CONTRACTOR shall demonstrate compliance with this subsection in the form of an affidavit from the proposed E-waste recycler. C. Green Waste Transport and Processing. CONTRACTOR shall transport all Green Waste that it Collects from Green Waste Containers to the Processing Facility that it designates in CONTRACTOR Documentation in Exhibit 3D. Santa Clarita Valley Exhibit 3A1: Page 3 Scope of Work - Part 11 d. Manure Transport and Processing. If a Service Area has Manure, CONTRACTOR must Collect and transport it to the Processing Facility that it designates in CONTRACTOR Documentation in Exhibit 3D. 2. Reasonable Business Efforts to Divert CONTRACTOR shall use Reasonable Business Efforts to Divert the following materials that it Collects: a. Bulky Items Bulky Items including large appliances/white goods in accordance with item H3 of this Exhibit b. Abandoned Waste Abandoned Waste Collected in accordance with Exhibit 3A2 C. Excess Solid Refuse Excess Solid Refuse Collected in accordance with item H3 of this Exhibit d. Manure Manure observed in Refuse Containers by offering Manure -only Containers CONTRACTOR shall Dispose the items, listed in this subsection, collected from Customers and Occupants pursuant to this CONTRACT in accordance with the following hierarchy: a. Reuse, as -is b. Disassemble, for reuse or recycling C. Recycle d. Disposal CONTRACTOR shall not Dispose of the items, listed in this subsection, in a landfill unless the items cannot reasonably be reused or recycled. Santa Clarita Valley Exhibit 3A1: Page 4 Scope of Work - Part 11 D. Containers 1. k] Standard Containers CONTRACTOR shall provide to each Occupant the following: a. One 96-gallon Refuse Cart; b. One 96-gallon Recyclables Cart; C. One 96-gallon Green Waste Cart; d. A second 96-gallon Recyclables Occupant request; and e. A second 96-gallon Green Waste Occupant request. Extra or Larger Capacity Containers Cart, upon Customer or Cart, upon Customer or If Customer requests an extra Container or larger capacity Container for Refuse, and/or request extra container for Recyclables or Green Waste beyond the carts as described above, the Customer shall pay CONTRACTOR the surcharge, as provided in Attachment 7-2, Task 1 Service Fees of Exhibit 7. Delivery, Removal, and Exchanges Within seven calendar days after receiving a Customers or Occupant's request for commencement or changes in Collection of Solid Waste, CONTRACTOR shall deliver Container of the Customer or Occupant's requested capacity or replace existing Container with substitute Containers of the Customer or Occupant's requested capacity. CONTRACTOR shall charge a fee according to the following: a. 0 Starting or Stopping Service CONTRACTOR shall not charge for delivery or removal of Containers upon starting or terminating service. One Annual Exchange of Container Sizes CONTRACTOR shall exchange one or more Containers for one or more Containers of a different size if requested by Customer or Occupant once each Calendar Year at no extra charge. For example, a Customer or Occupant may ask CONTRACTOR to exchange its 96-gallon Refuse and Recyclable Containers for 64-gallon Containers at no charge. Santa Clarita Valley Exhibit 3A1: Page 5 Scope of Work - Part 11 C. Multiple Exchanges of Container(s) If a Customer asks CONTRACTOR to exchange Container(s) more than once each Calendar Year as described in item b above, CONTRACTOR may charge the Customer the amount provided in Attachment 7-2, Task 1 Service Fees of Exhibit 7. CONTRACTOR shall inform the Customer of the fee prior to the exchange and give the Customer the option of waiting for the exchange until the next calendar year to avoid the charge. 4. Repair and Replacement a. Identification/Reporting CONTRACTOR shall repair or replace damaged Carts that it observes damage when providing service and upon request from Director, Customer, or Occupant. b. Fee CONTRACTOR will repair or replace Containers without cost except in the circumstances below. CONTRACTOR may charge the Containers' actual cost of repair or replacement: • Customers or Occupants do not report the theft of the Container to the police. • The Container is damaged due to Occupant negligence such as damage when picked up for emptying because of excess weight or melted due to hot ashes inside. Director's determination of Occupant negligence is final. C. Repair or Replacement CONTRACTOR shall repair or replace damaged Containers within two Service Days after CONTRACTOR observes the damaged Container or as requested by Director, Customer or Occupant. "Damage" includes missing or inoperable lids. 5. Placement (Set -Out Site) CONTRACTOR shall arrange for the location of a Set -Out Site directly with Customer or Occupant. If no arrangement is made, then the default location is the curb of the street for the address of the Customer or Occupant or in the alley behind the Customer or Occupant's property. If CONTRACTOR Collects from any other location CONTRACTOR may be required to provide roll -out service under item I of this Exhibit. Santa Clarita Valley Exhibit 3A1: Page 6 Scope of Work - Part 11 CONTRACTOR shall return empty Containers upright and to their Set -Out Sites. CONTRACTOR shall not impede pedestrian or vehicular traffic. The Set -Out Site should be located at the curb or as otherwise provided in COUNTY Code Section 20.72.100, except during heavy rains when CONTRACTOR shall return Containers approximately two feet from the curb to keep the gutter unobstructed and prevent the Containers from being washed away. 6. Inventory CONTRACTOR shall maintain an adequate inventory of Containers and lids of each type and capacity to provide to Customers and Occupants within two Service Days of request. When determining adequacy, CONTRACTOR shall consider the nature of Set -Out Sites. For example, Containers placed on unlevel Set -Out Sites, such as in mountainous areas without curb and gutter, may be damaged more frequently than those placed in level Set -Out Sites. Therefore, CONTRACTOR must maintain a larger inventory of Carts for those areas. CONTRACTOR shall notify Director if inventory is inadequate, including an explanation of why inventory dropped below the two -Service Day standard. For example, CONTRACTOR might submit its timely order for Containers but receive them later than manufacturer originally represented due to manufacturer's backlog or other delay. 7. Graffiti CONTRACTOR shall remove any graffiti and other markings that deface or detract from the aesthetic quality of the Containers within seven calendar days of its Vehicle drivers' or route supervisors' observation and report, or upon request of Director or any other person. If the graffiti is comprised of obscenities, removal shall be within two Service Days. Instead of removing graffiti or markings, CONTRACTOR may replace defaced Containers with clean Containers. 8. Alternative Container Sizes If a Customer or Occupant requests alternate Container sizes, CONTRACTOR shall provide the type of Containers described in CONTRACTOR Documentation in Exhibit 3D. For the purposes of this CONTRACT, Carts with a capacity between 95 and 100 gallons are equivalent to 0.5 cubic yards. CONTRACTOR shall provide the number of alternative Containers having the same aggregate capacity as CONTRACTOR would have provided to that Occupant. For example: • Three 32-gallon Carts instead of one 96-gallon Cart. • One 64-gallon Cart and one 32-gallon Cart instead of one 96-gallon Cart. Santa Clarita Valley Exhibit 3A1: Page 7 Scope of Work - Part 11 9. Additional Specifications CONTRACTOR shall provide to Occupant wheeled Containers compatible with automated collection vehicles having the specifications described in CONTRACTOR Documentation in Exhibit 3D. a. Carts (1) Color Cart bodies must be one color, approved by Director, with color coded lids. Lid colors shall distinguish the type of materials that go in each Cart such as black or brown for the Refuse Cart, blue for the Recyclables Cart, and green for the Green Waste Cart. If a Food Waste Cart is to be used, Director shall approve the proposed color. As an alternative with approval from Director, the Refuse Cart body may be black, the Recyclables Cart body may be blue, and the Green Waste Cart body may be green, or other Director approved color. (2) Capacity CONTRACTOR shall provide Carts of an approximate capacity of 96, 64, and 32 gallons. If a Food Waste Cart is to be used, Director shall approve the proposed size. () Labeling of Body Containers shall clearly display CONTRACTOR's name in a reflective, contrasting color or other name, as approved by Director. (4) Labeling of Lids Cart lids shall be labeled similar to the template in item B1 of Exhibit 16 and shall clearly display CONTRACTOR's phone number, website, and contents for which the Container is designated, a warning that the disposal of Unpermitted Waste in the Container is prohibited, and acceptable/not acceptable contents. (5) Recycled Content Each plastic Cart shall be constructed of recyclable content at a minimum of 25 percent post -consumer materials. Santa Clarita Valley Exhibit 3A1: Page 8 Scope of Work - Part 11 b. Dumpsters The following conditions apply when Manure Dumpster service is provided. A lid shall prevent intrusion of rainwater, rodents, birds, and flies; shall prevent the contents from being carried or deposited by the elements onto the ground; and shall reduce the emission of odors. (2) Labeling of Body Dumpster bodies shall be labeled similar to template in item B2 of Exhibit 16 and shall clearly display CONTRACTOR's phone number, website, and contents for which the Container is designated, a warning that the disposal of Unpermitted Waste in the Container is prohibited, and acceptable/not acceptable contents. Examples of recyclables is an important part of educating Customers and Occupants. 10. Customer or Occupant Declines a Portion of Collection Service A Customer or Occupant may decline Refuse, Recycling, or Green Waste Collection Services and therefore they may not need all three types of Containers, or may not need all the alternative Containers as provided for in Section D(1) of this Exhibit. Fees shall not be reduced for Customers declining a portion of the basic Collection services. 11. Container and/or Cart Lids Purchase Option In the event of Breach or termination, COUNTY may purchase some or all Containers and/or Cart lids on the effective date of the contract termination Notice at a price equal to the then book value of Containers and/or Cart lids amortized straight-line over the initial seven-year Term of the CONTRACT. This includes Containers and/or Cart lids stored in CONTRACTOR's inventory for future use under the requirements of subsection 6 of this Section. CONTRACTOR shall transfer or assign to COUNTY all rights necessary to give COUNTY ownership, possession and use of Containers and/or Cart lids, including under any Containers and lid acquisition agreement. 12. Bear -Resistant Carts If required under Exhibit 3A3, CONTRACTOR shall offer bear -resistant 96- gallon Carts. Santa Clarita Valley Exhibit 3A1: Page 9 Scope of Work - Part 11 13. Manure Service If required under Exhibit 3A3, CONTRACTOR shall offer Manure Collection service from Manure -only Containers for the Customer Service Fees provided on the Attachment 7-2, Task 1 Service Fees of Exhibit 7. 14. Recyclables Cart with Gravity Lock Upon Customer request, CONTRACTOR shall sell Customer, with no financial gain to CONTRACTOR, Recyclables Carts with gravity locks to prevent scavenging, to Customer at the price listed on Attachment 7-2, Task 1 Service Fees of Exhibit 7. After selling Carts and transferring ownership to Customer, CONTRACTOR is no longer responsible for repair or replacement of the Carts. CONTRACTOR shall disclose to Customer and receive written acknowledgement from Customer, CONTRACTOR is no longer responsible for the sold Carts. If CONTRACTOR cannot give Director evidence of Customer's acknowledgment, CONTRACTOR shall continue to be responsible for repair or replacement of the Carts. If CONTRACTOR is unable to Collect from Cart due to failure of the lock, CONTRACT shall require Customer to repair it, offer to repair it for a reasonable charge, or replace Cart with standard non -locking Cart at no charge. CONTRACTOR is not obligated to deliver Recyclables Carts with gravity locks within seven days of request under subsection 3, but CONTRACTOR must deliver those Carts within 21 days of request. E. Vehicles 1. General CONTRACTOR shall provide Vehicles of appropriate number, sizes, capacities, and functions required for the efficient Collection of different types of Solid Waste, such as Refuse, Recycling, Green Waste, Bulky Items, and Abandoned Waste. CONTRACTOR shall also provide non - compacting Vehicles for the collection of E-waste, white goods, and any other materials that contains chlorofluorocarbons. Vehicles shall be so constructed such that Solid Waste or liquids will not blow, fall, sift, or leak out of the truck into the street. CONTRACTOR shall equip Vehicles with a shovel, broom, and petroleum absorbent agents. CONTRACTOR shall comply with any additional requirements with respect to the Vehicles as set forth in Exhibit 3A3. Santa Clarita Valley Exhibit 3A1: Page 10 Scope of Work - Part ll 2. Automation CONTRACTOR shall Collect Refuse, Recycling, and Green Waste in automated Collection Vehicles, except CONTRACTOR may Collect the following materials in non -automated Collection Vehicles for: a. Bulky Items including E-waste b. Holiday trees C. Solid Waste discarded at Set -Out Sites that are Difficult to Service 3. Fuel/Power Within the first six months after Execution, all Vehicles used for automated Collection must use Liquid Natural Gas or Compressed Natural Gas fuel, or other alternatives to diesel fuel, as approved by Director unless CONTRACTOR Documentation provides otherwise with respect to Collection at Premises that are difficult to serve as permitted in item O of this Exhibit. 4. Extra Vehicles CONTRACTOR shall maintain enough back-up Vehicles to replace similar types of Vehicles in the event of breakdowns, complaints, and emergencies. Director may specify a minimum number of backup Vehicles. 5. Maintenance CONTRACTOR shall maintain Vehicles reasonably clean, and in good mechanical condition, and well painted, all to the satisfaction of Director. CONTRACTOR shall maintain records of inspections and maintenance of all mechanical equipment that CONTRACTOR uses to provide Contract Services, including Vehicles. CONTRACTOR will use Vehicles that are safe to operate, in accordance with the requirements promulgated by COUNTY Department of Public Health, California Highway Patrol, South Coast Air Quality Management District, manufacturer, and all other applicable Federal, State, County, and local laws and regulations. CONTRACTOR shall allow Director to view all inspection and maintenance Records and shall provide Director with those records upon request. CONTRACTOR is not required to provide new Vehicles on the Commencement Date or to retire Vehicles of any specified age. However, CONTRACTOR shall not operate Vehicles that repeatedly breakdown or leak. CONTRACTOR shall replace a Vehicle that Director determines to be of unsatisfactory operating condition, such as one that is frequently breaking down and delaying services, leaking fluids, making noise or exhibiting other significant issues identified by Director. Santa Clarita Valley Exhibit 3A1: Page 11 Scope of Work - Part 11 6. Vehicle List CONTRACTOR shall use only those Vehicles that have been submitted to and approved by Director. CONTRACTOR shall submit a complete list of Vehicles, including back-up vehicles, using Form V, accessible through Director's Solid Waste Information Management System (SWIMS) and update it as Vehicles change. 7. Vehicle Billboards CONTRACTOR shall equip automated Collection Vehicles with frames on both sides capable of securing signs measuring approximately 30 inches by 90 inches or other dimension approved by Director. CONTRACTOR shall design, print, and install signs on each frame promoting Recycling, Diversion and safe handling of Unpermitted Waste or other topics as requested by Director, with text, graphics, and design approved by Director, up to six times throughout the CONTRACT term. CONTRACTOR shall ensure that the appropriate Director -approved signs are affixed to the Vehicle always. Director reserves the right to interchange any of the six signs up to four times per Contract Year. CONTRACTOR shall not use the billboards for commercial advertising. Item B3 of Exhibit 16 includes examples of sign designs. 8. Company Name CONTRACTOR'S name or other name, as approved by Director, and logo shall appear on all Vehicles. 9. Vehicle Monitoring In all Vehicles used for Task 1 Services CONTRACTOR shall install devices to monitor Vehicles' operations, including Global Positioning Systems (GPS) that record Vehicle's route and at a minimum, a camera on the Vehicle's dashboard, unless Director consents otherwise. CONTRACTOR'S failure to provide reports requested by Director within time specified by Director may be considered an admission of fault for the purposes of assessing Liquidated Damages. For example, if CONTRACTOR does not give Director a requested report, within a period specified by Director, to verify that a Vehicle Collected all Containers on an identified block, Director may assume that CONTRACTOR did not Collect those Containers and assess Liquidated Damages. a. Video Equipment CONTRACTOR'S automated Collection Vehicles shall be equipped with functioning, forward facing, or angled slightly to the right, video recording equipment to validate service complaints such as missed collections and other items that may be of interest to Director. Santa Clarita Valley Exhibit 3A1: Page 12 Scope of Work - Part 11 Video equipment must be recording once a Vehicle leaves the yard during days of operation. Video must be geotagged for location, time/date stamped, and at a resolution adequate to clearly identify the location being serviced and typically not less than 1280 x 720 at 30 frames per second with a viewing angle approximately 129' diagonal, 103' horizontal, 77' vertical. CONTRACTOR shall retain all videos in an electronic format for a minimum of 14 calendar days, or other duration as requested by Director. CONTRACTOR shall provide copies of videos and/or screen captures of a specific day, time, or for a specific location, within 48 hours of receiving Director request. b. Global Positioning System (GPS) GPS data will be maintained by CONTRACTOR either directly or through a third -party service. The GPS shall be able to track a Vehicle's route with lines or dots superimposed on a map. The GPS shall gather the following data: date, time, speed, direction, location (address) and shall be able to generate Reports. CONTRACTOR shall retain all data for a minimum of 14 calendar days or other duration approved by Director. CONTRACTOR shall provide copies of reports within two business days of receiving Director request. Request may be for a specific time or a geographic location (between 10:00 a.m. and 11:00 a.m., or 1200 block of Main St.). The minimum locate schedule (ping frequency of occurrence that GPS data is received from the Vehicle) shall be at least every one minute for fully automated Collection and at least every ten seconds for other Collection Vehicles, when within the Service Area. 10. Special Vehicles See Exhibit 3A3 for possible special Vehicle requirements in this Service Area. This is likely only for areas with significant mountainous terrain. F. Solid Waste Transportation, Processing, Diversion, and Disposal CONTRACTOR -Designated Solid Waste Facility. CONTRACTOR shall transport Solid Waste only to the Solid Waste Facility or Facilities that CONTRACTOR has designated in CONTRACTOR Documentation in Exhibit 3D for Processing, Diversion, or Disposal. CONTRACTOR may designate a Solid Waste Facility or Facilities that utilizes Conversion Technology or provides feedstock to Conversion Technology facilities. Prior to any change in designated facilities, CONTRACTOR must provide Notification to Director for consent of change. Director will review information such as fees, distance, recycling rates, ability to Recycle Recyclables. Director may conditionally approve taking Solid Santa Clarita Valley Exhibit 3A1: Page 13 Scope of Work - Part 11 Waste to a facility that charges more by not allowing the increased cost to be passed down to the Customer. Director reserves the right to direct Solid Waste to a specific site or facility upon CONTRACT with CONTRACTOR. COUNTY will compensate CONTRACTOR for any direct costs, if any, such as increased tipping fees and transportation costs which CONTRACTOR incurs following delivery of materials to a COUNTY -designated Solid Waste Facility instead of to a CONTRACTOR -selected Solid Waste Facility. Some Service Areas may require CONTRACTOR to use specific sites or facilities without additional compensation, as designated in Exhibit 3A3 if applicable to this CONTRACT. G. Recyclables Recyclables means Solid Waste that may potentially be Diverted from disposal (excluding Green Waste and Manure). 1. Scavenging - Discouragement CONTRACTOR shall use Reasonable Business Efforts to enforce the "Collection by Unauthorized Persons" law, pursuant to Public Resources Code Section 41950, et seq., and COUNTY Code Chapter 20.72.196 ("anti - scavenging laws"), including the following: Marking recycle Containers with language that the materials are to only be picked up by CONTRACTOR as the "authorized agent" and that CONTRACTOR is picking up the material for recycling purposes. Orally advising any person, other than CONTRACTOR, observed removing recyclable materials which have been segregated from Solid Waste materials and placed at a designated collection location for the purposes of collection and recycling that such conduct is a misdemeanor, per COUNTY Ordinance, and carries civil penalties. Instituting civil actions against a Person alleged to have violated California Public Resources Code Section 41950 for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $2,000 whichever is greater, for each unauthorized removal, in accordance with California Public Resources Code Section 41953(a); Instituting civil actions against a Person alleged to have violated California Public Resources Code Section 41950 for a second, or subsequent time in a 12-month period, for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $5,000, whichever is greater, for each unauthorized removal, in accordance with California Public Resources Code Section 41953(b); and Santa Clarita Valley Exhibit 3A1: Page 14 Scope of Work - Part 11 Taking actions under COUNTY Code Section 20.72.196 to discourage Scavenging. 2. Prohibition on Mixing Recyclables, Green Waste, and Refuse Unless CONTRACTOR is obligated under this CONTRACT or approved by Director to conduct a single -pass for certain Occupants per Section 4B (such as on a private road) to process Refuse for recovery of Recyclables, or unless as otherwise approved by Director, CONTRACTOR shall not: a. Mix the contents Collected from Recyclables, Green Waste, and Refuse Containers; or b. Dispose of Recyclables or Green Waste Collected, except for: (1) Incidental amounts of Recyclables or Green Waste that an Occupant commingles with discarded Refuse; (2) Green Waste used as alternate daily cover that is considered Diversion; or (3) Contaminated Recyclables or Green Waste that cannot be Diverted using Reasonable Business Efforts if CONTRACTOR has previously exercised Reasonable Business Efforts to provide Occupant education with respect to reducing that contamination. 3. Residuals a. Minimize Quantity of Residuals CONTRACTOR shall not produce a significant quantity of Solid Waste residuals remaining after processing Recyclables as determined by Director, including considering operating and recovery efficiencies and maximum levels of residuals that CalReycle may establish to qualify the processing as Diversion. b. Maximize Diversion of Residuals CONTRACTOR shall use Reasonable Business Efforts to Divert residual Solid Waste remaining after processing Recyclables. 4. Diversion of Recyclables CONTRACTOR shall Divert all Recyclables whether Diversion is a net cost or profit. 5. Recyclable Materials • Aluminum and metal cans; • Newspaper; Santa Clarita Valley Exhibit 3A1: Page 15 Scope of Work - Part 11 • Glass jars and bottles; • Tin cans; • Plastic soda bottles; • Plastic milk and water jugs; • Plastic bags (e.g., bread, frozen food, grocery bags); • Type No. 1 plastic containers (PET -polyethylene terephthalate); • Type No. 2 plastic containers (HDPE-high density polyethylene); • Type No. 3 plastic (PVC -Vinyl or Polyvinyl Chloride); • Type No. 4 plastic (LDPE-Low Density Polyethylene); • Type No. 5 plastic (PP -Polypropylene); • All types of paper (e.g., office paper, junk mail, magazines); • Corrugated cardboard; • White goods (such as those listed in the definition of Bulky Items); • Paper coated with plastic or aluminum foil (milk and juice cartons); • Mattresses, excluding those made mostly of foam. 6. Changes to Recyclable Materials List Director may add or delete materials from item 5 of the previous section to the list upon Notice to CONTRACTOR. Within 14 days of receiving that Notice, CONTRACTOR shall give Director a draft notice informing Customers of changes in materials. Following COUNTY'S approval, CONTRACTOR shall distribute those notices to Customers and Occupants in the manner that Director requests in accordance with Item K4b of this Exhibit. CONTRACTOR may request an adjustment to the Service Fee under item B1 of Exhibit 7, Change in Contract Services, including submission of documentation supporting the adjustment, to the Director. Director and CONTRACTOR must agree on the adjustment. Examples of adjustments (or no adjustments) might be: • No Adjustment No incremental or net cost of Collection or Processing. • Possible Adjustment o Incremental cost of acquiring new containers, establishing additional Set -Out Sites, and adding an additional Collection route, not offset by materials sales. o Additional cost to Process material. H. Special Services CONTRACTOR shall provide the services prescribed in this Section without additional cost to Customers or charge to COUNTY except for subsection E of this Exhibit, Additional On -Call Pickup with Additional Cost. Santa Clarita Valley Exhibit 3A1: Page 16 Scope of Work - Part 11 1. Holiday Tree Collection For a minimum of three weeks following December 25, or another period established by Director, CONTRACTOR shall Collect, transport, process, and Divert all Holiday trees, such as Christmas trees and Hanukkah bushes stripped of ornaments, garlands, tinsel, flocking, and stands, placed for Collection at the Set -Out Site, on the Occupant's regularly scheduled Collection day. All materials collected shall be recycled to the maximum extent feasible. 2. Annual Curbside Cleanup Event Once each Calendar Year, CONTRACTOR shall Collect up to 20 Bulky Items or bagged/bundled Excess Solid Waste, discarded at each Set -Out Site by the Occupant, including Construction and Demolition debris which is limited to two 70-pound bags, containers, or bundles. Any Construction and Demolition debris or other items not Collected shall be tagged with a Non -Collection Notice explaining the reason for it not being removed. CONTRACTOR shall use Reasonable Business Efforts to ensure that this event is held the same weekends as previous year and no changes shall be made without Director's approval. The designated date is in item C of Exhibit 3A3. CONTRACTOR shall schedule events in succeeding Saturdays assigning one Service Day for each Saturday, except on a Holiday weekend and the following weekend if Collection service was delayed and Friday service is now on Saturday. CONTRACTOR shall avoid Holiday weekends and other weekends with celebrations or parades. Multiple Service Days may be combined into one Saturday upon approval by Director. CONTRACTOR shall provide Director with information regarding the event such as route maps with starting and ending points, primary contact person, and other information requested by Director one week prior to the day of each event. CONTRACTOR shall instruct Occupants to place their items at the Set -Out Site prior to 6 a.m. of the day of their event. CONTRACTOR shall start the event no earlier than 6 a.m. and end by 6 p.m. on the Saturdays during the event, or as instructed by Director. CONTRACTOR shall anticipate that some Occupants will place items at the Set -Out Site after 6 a.m. and after CONTRACTOR has passed that Occupant's home. Therefore, prior to the end of each day's event, CONTRACTOR shall take a second pass over the entire Collection to identify remaining discarded materials. CONTRACTOR may use any Vehicle, such as automobiles or pickup trucks, and not necessarily Collection Vehicles. If CONTRACTOR finds any discarded material, CONTRACTOR shall collect it Santa Clarita Valley Exhibit 3A1: Page 17 Scope of Work - Part 11 that same day. Any items in the public right-of-way after CONTRACTOR has returned one time are considered Abandoned Waste. CONTRACTOR may be required, upon oral or text message request of Director to return to any event route and Collect discarded materials left out at the Set -Out Site. This shall be accomplished on the same day of the request. If Director makes such a request, it shall not be considered a violation of the service hours. 3. Bulky Item and Excess Solid Waste Collection In addition to the Annual Curbside Cleanup Event described in item H2 of this Exhibit, CONTRACTOR shall Collect Bulky Items and excess waste discarded at the Set -Out Site as specified in item B of Exhibit 3A3. 4. Priority Pickups at Director's Request Each Calendar Year, CONTRACTOR shall Collect unlimited amounts of Solid Waste Discarded in the Public Right-of-way according to circumstances below. a. End of Next Service Day 20 times by the end of the next Service Day after Director's request or other time agreed to between Director and CONTRACTOR. b. Same Day 10 times on the same day of Director's request. 5. Special Cleanup Events Services At Director's request, CONTRACTOR shall provide Containers such as roll - offs, Bins, Carts, Dumpsters, Cardboard boxes in type, number, and capacity (up to 80 cubic yards) for discards of Solid Waste at up to six community cleanup projects or public events located throughout the Service Area during any 12-month period. CONTRACTOR may be required to replace filled Containers during the event if directed to do so by Director prior to the event, and shall be responsible for removing any Refuse that is left alongside of, rather than inside, the Containers. CONTRACTOR shall collect Containers at the end of the event, the next day, or other date agreed to between Director and CONTRACTOR. Event participants will be instructed to gather bags into piles at the end of the event. CONTRACTOR shall provide all the necessary staffing, labor, Vehicles, Containers, and other equipment, and materials or supplies (such as plastic bags in portable containers). Santa Clarita Valley Exhibit 3A1: Page 18 Scope of Work - Part 11 6. Sharps Collection Within one week of a Customer or Occupant request, CONTRACTOR shall provide the Occupant, without charge, with the following: a. Four Sharps Containers per Year A Sharps Container that has at least a one -gallon capacity (up to four per Contract Year) for discard of Sharps in accordance with any Federal, State, and local laws and regulations; and, b. Collect or Pre -Paid Mailer CONTRACTOR shall also collect Sharps Container or provide a prepaid postage container for mailing back the approved Sharps Container in accordance with any Federal, State, and local laws and regulations. CONTRACTOR shall collect, transport, and Dispose of materials, without charge, in accordance with any Federal, State, and local laws and regulations. 7. Mulch and Compost Giveaway Program CONTRACTOR shall twice annually, publicize and offer Occupants Mulch (i.e., shredded bark and wood chips) and Compost (no tire shreds) at no additional charge to Customers, Occupants, or COUNTY. This shall occur once in the early Spring and again in the early Fall, or at alternate dates as requested or approved by Director. CONTRACTOR shall and use Reasonable Business Efforts to offer Mulch and Compost that were produced from Green Waste generated in the Service Area. See Item A of Exhibit 3A3 for required minimum quantities of Mulch and Compost. CONTRACTOR shall comply with the California Department of Food and Agriculture's quarantine restrictions for the movement of the Green Waste. (https://www.cdfa.ca.gov/plant/pe/InteriorExclusion/quarantine.htm1) a. Pickup Event CONTRACTOR shall select a location, preferably within the Service Area (typically in the parking lot of a park or school) or other feasible areas approved by Director, and shall be responsible for planning and making all necessary arrangements. CONTRACTOR shall provide all the necessary staffing, Vehicles, containers, and other equipment, and materials or supplies (such as shovels and extra bags). CONTRACTOR shall help participants who request help and shall post a bilingual sign at the event offering assistance. Upon request of CONTRACTOR, Director may provide some assistance in securing COUNTY facilities. Santa Clarita Valley Exhibit 3A1: Page 19 Scope of Work - Part ll b. Delivery In lieu of a pickup event, CONTRACTOR may deliver bagged Mulch and Compost, with Director approval. CONTRACTOR shall provide all the necessary staffing, Vehicles, and bags. Within one week after Occupant request, CONTRACTOR shall deliver mulch and/or Compost to that Occupant's address. Roll -Out Services for Containers CONTRACTOR shall provide manual Container roll -out for all or a portion of Collection at the request of any Customer for the charge in Attachment 7-2, Task 1 Service Fees of Exhibit 7 and without additional charge for Elderly or Disabled Occupants. Elderly or Disabled Occupants must certify to CONTRACTOR that there is no able-bodied individual in the household who can move the Cart to the Set -Out Site. The roll -out service may be any one of the three services described below. Subject to Director review and approval and further subject to CONTRACTOR'S obligations under Part 9C of Exhibit 5, CONTRACTOR may require those Customers and Occupants who subscribe to roll -out services to sign an agreement containing an indemnification of CONTRACTOR and COUNTY, for any claim related to, or arising from the roll -out service, other than the sole negligence of the indemnified party. 1. Full Service (Up to 50 feet) Carts This service is for a typical urban Single -Family Home, or similar, to move the Carts from near the home, to the street, and back again. The roll -out shall be on paved, relatively flat surfaces at a distance up to approximately 50 feet from the Set -Out Site to the Occupant's on -site storage location, measured along the route the Container must travel. This service shall be for the charge in Attachment 7-2, Task 1 Service Fees of Exhibit 7. These services include the following: a. Move Carts Moving Carts from their storage location to the Collection Vehicle and returning them to their storage location. CONTRACTOR shall not leave Carts in the street for more than one hour; and b. Carry Bulky Items Carrying Bulky Items or E-waste from outside, adjacent to a building out to the curb that was called in for Collection by Customer or Occupant. CONTRACTOR shall not be required to remove Bulky Items or E-waste from inside a residence or business. Santa Clarita Valley Exhibit 3A1: Page 20 Scope of Work - Part 11 2. Extended Full -Service Carts This service is the same as the services in Item 1, Full Service in this Section but with either of the extenuating circumstances below for the charge to be negotiated with Customer. If CONTRACTOR and Customer are unable to agree on a reasonable extra fee, Director shall determine the appropriate amount. a. Long Driveways. Driveways longer than 50 feet of distance between the Set -Out Site and the Occupant's on -site storage location. b. Unpaved or Steep Driveways. Conditions of the property such as the surface of the driveway is unpaved or very steep, prevents one person from safely rolling the Cart or two people from safely carry a Bulky Item. J. Method of Payment for Task 1 Services CONTRACTOR shall bill Customers directly for Task 1 Services in accordance with Section 7. K. Transition Roll -Out Plan At least 30 days Prior to the Execution Date, CONTRACTOR shall provide to Director for approval a start-up transition and Container roll -out plan, including both time line and tasks. CONTRACTOR shall submit a plan in accordance with item B19 of Exhibit 3D, and shall address items such as: • Ordering Vehicles and/or Containers; • Vehicle and/or Container delivery from manufacturer; • Container assembly; • Distributing Containers to Customers and Occupants; • Public outreach and education activities; • Determining routes; • Training route drivers; • Collecting old Containers; and • Commencement date of Collection. CONTRACTOR shall implement the approved start-up transition roll -out plan for an orderly transition of refuse services from one contractor to another. Santa Clarita Valley Exhibit 3A1: Page 21 Scope of Work - Part 11 CONTRACTOR shall cooperate and work with outgoing and future contractor of Task 1 Services to ensure a smooth transition. CONTRACTOR shall agree that if necessary for the orderly transition of Collection services to: • Collect Solid Waste from outgoing contractor's Containers; • Allow outgoing contractor to collect from Containers; • Service, remove, and store outgoing contractor's Containers after transition; • Allow future contractor to collect from Containers after the termination of Contract; and • Continue Occupant's services, container quantity and sizes, and discounts from outgoing CONTRACTOR'S Customer service list, including not providing Containers to addresses not utilizing outgoing CONTRACTOR'S services. Director shall have the final say to require transition services agreement between outgoing CONTRACTOR and future contractor. L. Public Education and Outreach CONTRACTOR shall develop, disseminate, and conduct comprehensive public education and outreach regarding services to maximize Diversion of Recyclables, Green Waste, Bulky items, Sharps, and E-Waste. CONTRACTOR shall submit to Director for approval, written materials CONTRACTOR intends to distribute to Customers at least eight County Business Days before printing, texting, e-mailing, or mailing the materials, as required in item F of Section 4. The public education and outreach components shall include but not be limited to the following: 1. Customer Terms and Conditions Before commencing Task 1 Services and annually thereafter by July 1, CONTRACTOR shall provide a Terms and Conditions to Customers and Occupants, substantially in the form included in Exhibit 16 and approved by Director. CONTRACTOR shall distribute to Customers and Occupants a copy of the Terms and Conditions upon request. Director may change the form and content of Terms and Conditions from time to time after Notice to CONTRACTOR. CONTRACTOR may change the form of Terms and Conditions only with Director's prior written consent in accordance with item L1. 2. Service Brochure(s) Before commencing Task 1 Services and to each new Customer and Occupant, and annually throughout the CONTRACT term, CONTRACTOR shall provide a service brochure to Customers and Occupants, specifically Santa Clarita Valley Exhibit 3A1: Page 22 Scope of Work - Part 11 in the form included in item D of Exhibit 16, which must include at a minimum, all the following items: • The scope of Task 1 Services, including general information on size and number of Carts, where to get specific information about their Containers, and a general description of the Set -Out Site; • Holiday schedules in accordance with item B5 of Exhibit 3A1; • Delivery, pick up, exchange, and replacement of Carts; • Any weight limitations of Carts; • CONTRACTOR'S Office Hours, toll -free customer service telephone number, e-mail address, and website; • Director's telephone number (888 CleanLA), which the Customers or Occupants may call after contacting CONTRACTOR if the Customer's or Occupant's service complaint is not satisfactorily resolved; • Description of Green Waste and items (such as palm fronds) that do not comprise Green Waste, including items approved by Director; • Description of the Recyclables; and • Any other information requested by Director. 3. Community Meetings/Events a. Prior to Start of Contract Before beginning Task 1 Services, CONTRACTOR shall hold a minimum of two and up to six community meetings to explain hauler transition, if applicable, and new Task 1 Services to Customers and Occupants in the Service Area: • Up to three on weekday evenings; • Up to three on separate Saturdays; and • Director may modify number, date, and time. CONTRACTOR shall inform Director of the proposed meeting locations, setup, and arrangements at least three weeks prior to the proposed date. CONTRACTOR shall obtain Director's approval before holding any meeting. CONTRACTOR shall notify all Customers and Occupants of the purpose, time, and place of each meeting at least two weeks prior to the scheduled community meetings. CONTRACTOR shall notify Customers and Occupants as set forth under item L4b(4) of this Exhibit. CONTRACTOR shall use address list provided by Director or a Director approved list provided by the previous contractor. b. Upon Director Request CONTRACTOR shall attend up to 20 community meetings/events per Contract Year upon Director's request. Examples include local Santa Clarita Valley Exhibit 3A1: Page 23 Scope of Work - Part 11 fairs or civic events with individuals, Customers and Occupants, community organizations, city councils, town councils and any other groups named by Director. CONTRACTOR shall take any or all the following actions at the meetings/events, approved by Director: Operate Recycling Information Booths CONTRACTOR shall operate recycling information booths and distribute colorful flyers, promotional items, have a minimum of 100 CONTRACTOR -provided reusable bags available, pamphlets, and other items that encourage participants to recycle, reduce, reuse, and/or Divert Solid Waste. Additionally, upon Director request, CONTRACTOR shall order and provide up to $500 worth of miscellaneous promotional items such as miniature recycling carts or magnets per Contract Year. Director may request that CONTRACTOR give out these items at a special event or Director may distribute these items at any events. (2) Other Activities/Actions CONTRACTOR shall conduct other similar activities and take other similar actions requested by Director. 4. Written Notices and Outreach Materials a. Prior to Beginning Task 1 Services (1) Letter From Director Within 30 days after the Award Date or other date designated by Director, CONTRACTOR shall print and mail letters written by Director, notifying Customers and Occupants that the CONTRACT was awarded to CONTRACTOR. CONTRACTOR shall be responsible to pay for the cost of producing and mailing these letters. (2) Letter From CONTRACTOR Within 60 days prior to the Commencement Date or other date designated by Director, CONTRACTOR shall prepare and mail a letter to all Customers and Occupants introducing themselves, explaining the transition, and announcing upcoming community meeting dates, and other pertinent information. Santa Clarita Valley Exhibit 3A1: Page 24 Scope of Work - Part 11 b. Upon Start of Task 1 Services and Annually CONTRACTOR shall develop written educational materials and deliver them to Customers and Occupants. Historically this information was distributed using quarterly newsletters. To reach more people and reduce paper waste, it is desired to use new methodology to take advantage of technology, such as smartphones. Customers and Occupants are to be given a choice of how they want to receive the information, through traditional quarterly newsletters or via "monthly" text or e-mail messages. Such educational materials include: (1) Articles A minimum of four times and up to eight times per Contract Year, CONTRACTOR shall develop a bilingual article with color graphics containing information that encourages recycling and to educate Customers and Occupants of Task 1 Services available under this CONTRACT. Director may provide sample articles. Topics include the following examples: • Placement of carts including during heavy rains • Holiday Tree collection instructions • Organics and/or Green Waste • Bulky Items • Illegal dumping • Annual Curbside Cleanup Event Promotion • Cleaning Containers • Commingling of Solid Wastes • 4 R's, reduce reuse recycle rethink • Carts left in street • Unpermitted Waste disposal • New solid waste laws • Articles specific to Service Area such as bear carts, palm fronds, or manure • Other articles upon the request of Director (2) Special Announcements CONTRACTOR shall develop and deliver, as set forth in item L4b(4) of this Exhibit, outreach notices to Customers and Occupants on various events, upon receiving approval from Director, including and not limited to: • Household Hazardous Waste Collection Events • Annual Curbside Cleanup Event schedule • Compost/Mulch Giveaway Event • Smart Gardening Workshops Santa Clarita Valley Exhibit 3A1: Page 25 Scope of Work - Part 11 • Holiday Collection schedule • Billing reminders, upon Customer request* • Service interruptions* • Non -collection notices* • Sharps pickup • Other notices upon the request of Director These are limited to text or e-mail messages and are not applicable to newsletters. CONTRACTOR shall give between two and three weeks of events, or other time, as requested by Director, notice of each announcement to Customers and Occupants, except as related to billing reminders, service interruptions, and non - collection notices. Upon Director's request, CONTRACTOR shall use artwork, layout, or notices, provided by Director. Distribution The articles and announcements will be disseminated in the following ways, as requested by Customers and Occupants: (a) Newsletters CONTRACTOR shall develop one -page (additional page(s) for Spanish, if required by Director) newsletters in color containing information upon receiving approval from COUNTY, CONTRACTOR shall deliver these newsletters to Customers and Occupants four times each Contract Year. Newsletters shall be available in electronic format such as PDF. CONTRACTOR shall make newsletters for 8.5-inch by 11-inch or 8.5-inch by 14-inch sized paper, whichever is appropriate, as requested by Director. Once per year, Director may request a second English page be added to newsletter. (b) E-mail/Text Messages. CONTRACTOR shall send brief electronic messages containing links to full articles, upcoming events, and/or newsletters for Customers and Occupants who request them. For example, in late December send a text worded, "Have a holiday tree to get rid of? Click here.", with a link to an article about holiday trees. When there is an HHW Collection Event nearby, send a text worded, "Leftover household chemicals, paint, or used oil to get rid of? Click here." Messages shall be sent approximately monthly plus special announcements as necessary. Santa Clarita Valley Exhibit 3A1: Page 26 Scope of Work - Part 11 (4) Delivery of Written Materials to Customers and Occupants CONTRACTOR shall deliver general materials (such as notices and newsletters) Customers and Occupants by any or all the following means approved by Director: • U.S. Postal Service; • Door-to-door delivery service; • Insert in monthly Customer bills*; • Electronic mail (E-mail)*; • Text messages*; • Other means approved by Director * These methods individually are not adequate. CONTRACTOR shall include Director in their mailing list and ensure that general materials are sent to Director the same time they are sent out to the Customers and Occupants. CONTRACTOR shall submit proof of mailing within 7 days of mailing. (5) Social Media CONTRACTOR shall reach out to Customers and Occupants and make information available regarding Task 1 Services by current social media and the following means approved by" Director, such as: Facebook, Twitter, Instagram. 5. Additional Outreach CONTRACTOR shall visit in -person, call, send an e-mail or text, or other means to inform a Customer or Occupant of services or issues, as requested by Director. For example, CONTRACTOR shall speak to an Occupant that contaminates a Container or frequently leaves a Bulky Item at the Set -Out Site without calling to request Collection. 6. Bilingual Correspondence CONTRACTOR shall develop all written materials in both English and Spanish, if required by Director. 7. Outreach to Dumpster Service Customers As less Refuse is generated through waste reduction or Diversion practices, smaller volume Refuse Carts may be an option that Dumpster service customers may not have previously considered. Santa Clarita Valley Exhibit 3A1: Page 27 Scope of Work - Part 11 Upon Director request, CONTRACTOR shall visit in -person or mail Dumpster service customers to inform them of the option to use Carts through this CONTRACT, within 30 days of Commencement Date and annually thereafter. CONTRACTOR may also visit in -person as an alternative or in additional to mail. Director will provide an address list. Director approval is required for all written materials. Written materials shall consist of a letter and a color brochure with inserts. While this service is not likely to be requested by Director at the beginning of the Contract, it may be requested later. M. CONTRACTOR Commitments Made in Proposal CONTRACTOR shall fully and timely satisfy any additional Performance Obligations set forth in item B18 of Exhibit 3D from its proposal to Director for procurement of this CONTRACT. N. Additional Performance Obligations Specific to this Service Area CONTRACTOR shall fully and timely satisfy any Performance Obligations specific to this Service Area that are listed in Exhibit 3A3. O. Difficult to Service If CONTRACTOR is unable to Collect Refuse, Recyclables, Green Waste, and/or Green Waste with a standard automated Collection Vehicle, CONTRACTOR shall use an alternative size or type of Vehicle as necessary including manual or other form of Collection to ensure Task 1 Services. Additionally, CONTRACTOR may be able to use a standard Collection Vehicle but the rate of Collection is significantly slower. Difficult to service areas include those with narrow streets, alleys and bridges, one-way narrow streets, steep roadway gradients, limited roadway curve radii (tight curve), thin pavement thicknesses, unimproved (dirt) roadway surfaces, and variable vertical and horizontal clearances. A list of difficult to service addresses is in item C2 of Exhibit 16 and a map of the areas are in item A3 of Exhibit 16. The list is subject to change upon written notification by Director or upon request by CONTRACTOR and approval by Director. CONTRACTOR shall charge a difficult to service fee per rate schedule in Attachment 7-2, Task 1 Service Fees of Exhibit 7. See Exhibit 3A3 for possible additional details. P. Organics This CONTRACT includes the Collection of Food Waste as part of the Refuse. However, it is anticipated that prior to the termination of this CONTRACT, COUNTY will have a desire to Divert Organics. At that time, COUNTY may choose to do any of the following: • Negotiate with CONTRACTOR for a mutually agreed fee to submit and implement a plan for approval and provide for the Collection, transportation, and Diversion of Organics, or Santa Clarita Valley Exhibit 3A1: Page 28 Scope of Work - Part 11 • Terminate CONTRACT if COUNTY and CONTRACTOR are unable to agree upon a fee for the service, or • Keep CONTRACT with CONTRACTOR but solicit bids and authorize a new contract for the Collection, transportation, and Diversion of Food Waste. Santa Clarita Valley Exhibit 3A1: Page 29 Scope of Work - Part 11 EXHIBIT 3A2 -Task 2 Services Abandoned Waste Collection Services And Public Receptacle Collection Services A. Abandoned Waste Collection, Transportation, and Diversion/Disposal 1. Service Locations and Times. CONTRACTOR shall keep the Public Right -of -Way in the Service Area free of Abandoned Waste. The goal is to have any Abandoned Waste for as short of a time as possible, using Reasonable Business Efforts, but never more than seven calendar days. CONTRACTOR shall do all the following as further provided under this subsection, unless Director otherwise requires: Monitor CONTRACTOR shall monitor the Service Area for Abandoned Waste while providing all Contract Services, except for Hot Zones under subsection 5, which CONTRACTOR shall monitor daily. CONTRACTOR may use the drivers of its Refuse, Recyclables, and Green Waste Collection Vehicles; route supervisors, or a separate crew. b. Document CONTRACTOR is always required to provide the number of incidents and the location of Abandoned Waste but not required to provide photo evidence of removal except in the following events: • Director' request • CONTRACTOR request for additional compensation. In all other events, CONTRACTOR shall provide the following evidence: • More Than Four Cubic Yards: photos of the excess waste. • More Than Expected Incidents: photos of the waste collected at more than the expected incidents of pickups C. Remove CONTRACTOR shall Collect, transport, and Divert or Dispose of all Abandoned Waste, in unlimited amounts, within the following times: • On the same day as automated Collection specified in Task 1 Services, in item B4 of Exhibit 3A1, Sweep of the entire Service Area; • By the end of the second Service Day after a request by Director or any Person; Santa Clarita Valley Exhibit 3A2: Page 30 Scope of Work - Part 11 • By the end of the next Service Day after observation by CONTRACTOR, or request by Director or any Person, for items blocking or hindering passage, or items posing a potential health and/or safety hazard; • By the end of the next Service Day after Director's request for removal of Abandoned Waste at up to 20 locations each Calendar Year, • By the end of the same Service Day of Director's request for removal of Abandoned Waste at up to five locations each Calendar Year, • Within any other time agreed upon Director and CONTRACTOR. • With respect to Hot Zones, within the time required under Subsection A5. d. Clean CONTRACTOR shall sweep or otherwise clean and Collect all loose litter and debris within three feet of an item of Abandoned Waste. "Service Area" means the area mentioned in the title of this CONTRACT, as described in described in item A (Maps) of Exhibit 16. "Public Right -of -Way" includes all the following: • all land and improvements on that land between the outer edge of a sidewalk (nearest to a private lot) on one side of the street and the outer edge of the sidewalk (nearest to a private lot) on the opposite side of the street, including: o sidewalks, o and between a sidewalk and street, and o median strips in the center of streets. • Public streets; • Public alleys, including land wall-to-wall and fence -to -fence, and • Any other land described by COUNTY to CONTRACTOR. "Abandoned Waste" means Solid Waste discarded or dumped on the Public Right -of -Way in the Service Area, including palm fronds, but excluding litter. 2. Miscellaneous Requirements a. Alternative Vehicles If obstacles impede the progress of Refuse Collection Vehicle such as low, hanging wires; protruding vegetation; and leaning fences, CONTRACTOR shall use alternative Vehicles and equipment. Santa Clarita Valley Exhibit 3A2: Page 31 Scope of Work - Part 11 b. Unpermitted WasteF If CONTRACTOR identifies any Unpermitted Waste, CONTRACTOR shall immediately follow its Unpermitted Waste Protocol in accordance with item A of Section 13. C. Very Large Items If CONTRACTOR identifies any item of Abandoned Waste that is too large to Collect in its Refuse Collection Vehicles, it may ask Director for Road Maintenance Division's help. .omprehensive Service Service under this Section includes the furnishing of all labor, supervision, administration, material, and equipment. 3. No Longer Used 4. Abandoned Waste and Litter in Alleys CONTRACTOR shall ensure that all alleys including but not limited to wall to wall and/or fence to fence within the Service Area are in a state of cleanliness. If the Service Areas does not currently have any alleys requiring service, then the miles listed in item C1 of Exhibit 16 will be 0 or n/a. Director may add alleys. 5. Daily Clean up in Hot Zones CONTRACTOR shall monitor, remove and clean up Abandoned Waste in Hot Zones daily, Monday through Friday (or the day after a Holiday) between the hours of 7 a.m. and 6 p.m. forthe following locations: • The locations of Hot Zone are shown in item A2 of Exhibit 16. • If there are no Hot Zones, then the feet listed in item C2 of Exhibit 16 will be 0 or n/a. Examples of Hot Zones are areas where Abandoned Waste is dumped frequent►y, or areas Director deems important to keep free of Abandoned Waste. • Director may amend item A2 and C1 of Exhibit 16 upon Notice to CONTRACTOR, including increasing the existing route length by up to 125 percent. Amendments are subject to agreement with CONTRACTOR on adjusting CONTRACTOR'S compensation, except for the rate per foot which will not be adjusted. Santa Clarita Valley Exhibit 3A2: Page 32 Scope of Work - Part 11 6. Payment COUNTY will pay CONTRACTOR the fee for monitoring and Collecting Abandoned Waste as provided in item C of Section 7, even though under COUNTY Code the cost of removing Abandoned Waste is the responsibility of the person, if known, who discards the waste. If CONTRACTOR believes that it knows the probable identity of the person who discarded the Abandoned Waste, it shall take a photograph of the Abandoned Waste and discard site. CONTRACTOR shall send the photo to Director along with other information on which it bases its belief. Even if CONTRACTOR identifies who discarded the Abandoned Waste it must nevertheless Collect that Abandoned Waste under this Exhibit. B. Public Curbside Receptacles Collection Service The work to be accomplished shall include the furnishing of all labor, supervision, administration, material, and equipment for the clean-up, Collection, transportation, Diversion/Disposal, and management of discards from designated public curbside receptacles, in unlimited quantities, in the Service Area. Item C3 of Exhibit 16 contains a list of the number of receptacles and item C3 of Exhibit 16 contains a map of the locations. 1. Collection CONTRACTOR shall collect discards from public curbside receptacles by removing the plastic bag and its contents from the inner liner and replacing with a new plastic bag or removing the Refuse or Recyclables from the bag if there were only a few items inside. CONTRACTOR shall supply and use its own plastic bags. The public curbside receptacles are furnished by COUNTY, located along business districts with high pedestrian activity. A public receptacle may include one intended for pet waste. The quantities and locations of the applicable public curbside receptacles are identified on item C3 of Exhibit 16 and may be subject to change by Director. 2. Maintenance As needed, CONTRACTOR shall also clean and wipe down the outside and liner of the public curbside receptacles as well as clean and Collect, all loose litter and debris, within three feet of the base of the public curbside receptacles, such as paper, bottles, cans, dirt, organic material, and other incidental litter. The standard of cleanliness shall be that no odors once waste is removed and no visible spills, stains, markings, dust, or dirt on the inside or outside of the receptacles. At a minimum, receptacles are to be cleaned every two weeks. CONTRACTOR shall carry on each truck, rags and hand tools such as rakes, shovels, and brooms to aid with the clean-up of incidental litter and debris. Santa Clarita Valley Exhibit 3A2: Page 33 Scope of Work - Part 11 CONTRACTOR shall notify Director of the presence of any graffiti or other markings that deface or detract from the aesthetic quality of the public receptacles. If the graffiti is comprised of obscenities, notification shall be within 24 hours. If any plastic liner is damaged beyond repair, such liner shall be replaced at CONTRACTOR's expense. 3. Collection Schedule a. Standard Public Receptacles CONTRACTOR shall collect discards from the non -compactor public curbside receptacles, twice per day, Monday through Saturday, with the first collection occurring between the hours of 7 a.m. and 9 a.m., and the second collection between the hours of 2 p.m. and 4 p.m. Director reserves the right to reduce the frequency of collection throughout the District at any time during the term of this CONTRACT at the sole discretion of Director. See Exhibit 3A3 for possible modifications to the days or times. b. Solar Compacting Public Receptacles CONTRACTOR shall collect discards from the solar compacting public curbside receptacles as -needed, Monday through Saturday, based on the need indicated on the Internet based monitoring software. The schedule shall not be more frequent than twice per day or longer than seven days for receptacles with Refuse. 4. Other a. Adjustments to Quantity and Location In the event the quantities and locations of the public curbside receptacles or the type of Solid Waste discarded in those receptacles change during the term of this CONTRACT, Director will notify CONTRACTOR of such change in writing. Collections from any additional public curbside receptacle or reduction in public curbside receptacles will be adjusted at the Annual Total identified on Attachment 7-3 Task 2 Service Fees but the rate for individual receptacles will not be adjusted. The number of receptacles over the Term may be increased by up to 125 percent of the current number which includes doubling the number of receptacles at the time this CONTRACT is Executed, to add Recycling plus 25 percent more for new locations. Santa Clarita Valley Exhibit 3A2: Page 34 Scope of Work - Part 11 New or Additional Receptacles. If the Service Area does not have any designated public curbside receptacles as of the Execution Date, the number listed in item A6 of Exhibit 16 will be 0 or n/a. CONTRACTOR will Collect Refuse in additional receptacles within two weeks of Director's request, subject to possible adjustment of the Service Fee for change orders under Section 3B. b. Solar Refuse/Recyclables compactors Director reserves the right to replace the current public curbside receptacles with solar Refuse/Recyclables compactors. In the event the current receptacles are replaced, the cost for servicing and maintaining cleanliness of each compactor shall remain the same as the current cost for servicing each public curbside receptacle. C. Verification If the public receptacles have a service log sheet inside, CONTRACTOR must sign, date, and record the time of collection service or indicate the receptacle was empty upon inspection and record when the receptacle was cleaned. d. Receptacle Locks CONTRACTOR shall keep all receptacles locked to prevent access by the public. Director shall furnish keys. e. Damaged Receptacles CONTRACTOR shall report damage to the receptacles with 48 hours of observing such damage. Damage includes but is not limited to missing components or malfunctioning parts. CONTRACTOR shall not attempt to repair any receptacles, except for plastic liners. Liners are CONTRACTORS responsibility to repair or replace regardless of the cause of damage. f. Recyclables. As of the Execution Date designated public curbside receptacles in the Service Area primarily contain Refuse. CONTRACTOR will Collect and Divert Recyclables discarded in existing or additional Recyclable receptacles within two weeks of Director's request, subject to possible adjustment of the Service Fee for change orders under Section 3B. Santa Clarita Valley Exhibit 3A2: Page 35 Scope of Work - Part 11 C. Abandoned Cart, Dumpster, or Roll -Off Removal At the request of Director, CONTRACTOR shall, at no charge to COUNTY: • Remove any container, including cans, carts, dumpsters and roll -off bins that COUNTY deems abandoned, within two Service Days, whether they are CONTRACTOR'S Containers or third parties'. • Arrange for the Disposal or Diversion of Solid Waste within the container. • Reuse, recycle, or resell container. • Notify Director to confirm removal. D. Vehicles 1. General CONTRACTOR shall be responsible for providing all Vehicles of appropriate sizes, capacities, and functions required for the Collection of Solid Waste and for ancillary services that are sufficient in number and capacity to efficiently perform the work required by this CONTRACT. CONTRACTOR shall also be required to provide non -compacting Vehicles for the collection of E-waste and white goods, which may contain chlorofluorocarbons. Vehicles shall be so constructed such that Solid Waste or liquids will not blow, fall, sift, or leak out of the truck into the street and shall be equipped with an adequate shovel, broom, and petroleum absorbent agents. 2. Fuel/Power Vehicles used for Collection must use LNG (liquid natural gas) or CNG (compressed natural gas) fuel, or other alternatives to diesel fuel, as approved by Director unless CONTRACTOR Documentation provides otherwise with respect to Collection at Premises that are difficult to service as permitted in item O. 3. Extra Vehicles CONTRACTOR shall have available sufficient back-up Vehicles for each type of Collection Vehicle used to respond to breakdowns, complaints, and emergencies. Director may specify a minimum level of backup equipment required. 4. Maintenance CONTRACTOR Vehicles used in the Service Area shall, always, be kept reasonably clean, in good mechanical condition, and well painted, all to the satisfaction of Director. CONTRACTOR shall maintain records of inspections and maintenance of all mechanical equipment used in providing Santa Clarita Valley Exhibit 3A2: Page 36 Scope of Work - Part 11 the required services in the Service Area to ensure that all collection Vehicles are safe to operate within the Service Area at all times in accordance with the requirements promulgated by COUNTY of Los Angeles Department of Public Health, California Highway Patrol, South Coast Air Quality Management District, manufacturer, and all other applicable Federal, State, County, and local laws and regulations. All inspection and maintenance records shall be open to inspection by Director and provided upon request. CONTRACTOR shall replace a Vehicle that Director determines to be of unsatisfactory operating condition such as one that is experiencing excessive breakdowns resulting in service delays, leaking fluids, or other significant issues. 5. Vehicle List Only those Vehicles submitted to and approved by Director shall be used in the Service Area. CONTRACTOR shall submit a complete list of Vehicles using Form V, accessible through Director's Solid Waste Information Management System (SWIMS) and update it as Vehicles change. Extra Vehicles intended as a backup shall be included. 6. Company Name CONTRACTOR'S name or other name, as approved by Director, and logo shall appear on all Vehicles. 7. Vehicle Monitoring CONTRACTORS shall utilize appropriate technologies (software and hardware) to meet Director's requirements for field operations location reporting. All Vehicles used for collection for Task 2 Services (abandoned waste, public receptacles, etc.) shall be equipped with data recording capabilities to capture video and route data from global positioning system (GPS) devices. There are inexpensive consumer dashboard cameras on the market that will record video and GPS location to meet this requirement. The use of any Vehicles to Collect Solid Waste without monitoring equipment requires Director's consent. Failing to provide requested reports for any reason will be considered an admission of guilt for the purposes of investigating CONTRACT service commitments. For example, if Director requests a report to verify Collection occurred on a certain block, Director will have no way of knowing if CONTRACTOR intentionally deleted data to not incriminate themselves and therefore, the block will be considered not serviced if documentation is not provided and the action will be subject to Liquidated Damages both the failed collection and for failure to submit the requested report. Santa Clarita Valley Exhibit 3A2: Page 37 Scope of Work - Part 11 a. Video Equipment CONTRACTOR'S automated Collection Vehicles shall be equipped with functioning, forward facing, or angled slightly to the right, video recording equipment to validate service complaints such as missed collections, alley cleaning, and other items that may be of interest to Director. Video equipment must be recording once a Vehicle leaves the yard during days of operation. Video must be geotagged for location, time/date stamped, and at a resolution adequate to clearly identify the location being serviced and typically not less than 1280 x 720 at 30 frames per second with a viewing angle approximately 129' diagonal, 103' horizontal, 77' vertical. CONTRACTOR shall retain all videos in an electronic format for a minimum of 14 calendar days, or other duration as requested by Director. CONTRACTOR shall provide copies of videos and/or screen captures of a specific day, time, or for a specific location, within 48 hours of receiving Director request. b. Global Positioning System (GPS) This data will be maintained by CONTRACTOR either directly or through a third party service. The GPS shall be capable of tracking a Vehicle's route with lines or dots superimposed on a map. The GPS shall gather the following data: date, time, speed, direction, location (address) and shall generate reports. CONTRACTOR shall retain all data for a minimum of 12 calendar months or other duration approved by Director. CONTRACTOR shall provide copies of reports within two business days of receiving Director request. Request may be for a specific time or a geographic location (between 10:00 a.m. and 11:00 a.m., or 1200 block of Main St.). The minimum locate schedule (ping frequency of occurrence that GPS data is received from the Vehicle) shall be every 1-minute for fully automated Collection and every ten seconds for other Collection Vehicles, when within the Service Area. E. Homeless Encampments CONTRACTOR acknowledges: Homeless Encampments are temporary and homeless individuals are transient, and Homeless Encampments are not Customers and therefore Solid Waste generated and discarded in the Right -of -Way is considered Abandoned Waste, and Santa Clarita Valley Exhibit 3A2: Page 38 Scope of Work - Part 11 Public health and safety requires that Solid Waste generated in Homeless Encampments must be removed not only when individuals abandon a Homeless Encampment, but also when they occupy it. CONTRACTOR shall not enter a Homeless Encampment or remove anything from a Homeless Encampment except upon Director request. CONTRACTOR shall not remove any Unpermitted Waste, including biological or hazardous waste. Abandoned Homeless Encampments Within two business days of Director request, CONTRACTOR shall Collect, transport, and Divert or Dispose of, all Solid Waste discarded in a Homeless Encampment that has been abandoned and identified by Director. CONTRACTOR shall Collect Solid Waste, including litter and Abandoned Waste whether it is discarded in containers or on the ground. CONTRACTOR will provide that Contract Service in accordance with COUNTY policy. For example, COUNTY policy may require CONTRACTOR to place Abandoned Waste and other discards in containers and deliver them to a storage facility pending a retrieval by the individual owner. As part of these Contract Services, CONTRACTOR shall provide all equipment such as Container (including such as Carts, Dumpsters and roll -off bins) and Vehicles (including as Refuse Collection and flatbed trucks), and labor. 2. Occupied Homeless Encampments Upon Director request, CONTRACTOR shall keep the Public Right -of -Way near Homeless Encampments occupied by individuals, free of Abandoned Waste. This is to be accomplished using 96-gallon Carts, 4-cubic yard Dumpsters, and/or cardboard event boxes along with providing Sharps containers. a. Container Distribution CONTRACTOR shall place Containers (including Carts and Dumpsters), and/or cardboard boxes, in a safe and accessible location, in CONTRACTOR's judgment. Local homeless support groups may be able to assist in distribution, but that service is not guaranteed. Sharps containers with prepaid mail back postage shall be delivered in bulk to a location such as a homeless service provider or a County facility. b. Quantity The number of Containers needed of each location is not specified. However, to maximize efficient Collections, CONTRACTOR is to inform Director if Containers in an area are frequently less than one - Santa Clarita Valley Exhibit 3A2: Page 39 Scope of Work - Part 11 half full or if the number of Containers distributed is significantly higher than the number Collected. Following consultation with the Director and upon Director consent, CONTRACTOR may change its method of Collection. For example, if cardboard boxes are frequently destroyed or removed from the Set -Out Site, CONTRACTOR may request providing Dumpsters without wheels. C. Collection, Transport, and Diversions/Disposal Each week CONTRACTOR shall Collect Solid Waste discarded in Containers (including Carts and Dumpsters), and cardboard boxes, following consultation with and approval of Director. The Set -Out Site is difficult to determine in advance and will need to be determined on case -by -case using CONTRACTOR's judgment. Property owners may not a dumpster placed near them every week. It is anticipated that Dumpster Transportation will be with a stake bed truck with a hydraulic lift gate with the capacity of two Dumpsters. Therefore, there would be one delivery charge for up to two dumpsters in an area (within 15 minutes of each other) and a disposal fee for each dumpster. CONTRACTOR shall charge COUNTY the fees specified in Attachment 7-3 Task 2 Service Fees. Director may authorize the use of a larger vehicle for Transportation. Prior to Collecting a Container, CONTRACTOR shall use Best Efforts to ascertain that no one is sheltered inside the Container. CONTRACTOR shall transport and Divert or Dispose of, all Solid Waste that it Collects. F. Emergency Assistance (Contract Services) CONTRACTOR shall provide MSW Services requested by County in the following circumstances: • Solid Waste that is not collected in any part of the County of Los Angeles including cities or adjacent counties or their cities, and • In the judgment of Director, the uncollected solid waste creates a danger to public health, safety, or welfare. Reasons for non -collection include earthquake, fire, mudslide, storm, riot, or civil disturbance, and terminated hauler contracts. Santa Clarita Valley Exhibit 3A2: Page 40 Scope of Work - Part 11 • An example of MSW Management Services is providing Vehicles and staff to cleanup, Collect, transport, and Dispose/Divert any Solid Waste, such as rubble, mud, and fallen trees, from the public right-of-way. • Another example is holding a drop-off event for County residents to bring Solid Waste when their hauler is not providing service. CONTRACTOR acknowledges that under emergency circumstances, CONTRACTOR may be required to Collect Solid Waste from another waste hauler's Containers. Also, another waste hauler may Collect Solid Waste from CONTRACTOR's Containers. Prior to performing any work, CONTRACTOR is to consult with Director regarding the number of Vehicles and staff, and duration of cleanup. This includes vehicle certification discussed in more detail below. CONTRACTOR shall charge COUNTY for requested MSW Management Services in amounts no greater than the following: 1. Automated Collection Services Fees with respect to Solid Waste discarded in Containers and/or Bulky Item Collection. Examples include: • Provide an additional day of service to Occupants; or • Provide service to Persons outside the Service Area such as to the City of Glendora residents if their waste hauler is unable to Collect Refuse after a major earthquake and the city has an agreement with COUNTY for assistance. If location is not near Service Area, COUNTY will pay a fair price for additional transportation or Disposal costs based on comparable MSW Management Services. 2. Solid Waste Not Discarded in Containers Fees per ton for Disposal* (with respect to Solid Waste, including Abandoned Waste, not discarded in Containers) as provided in Attachment 7-4, Task 2 Homeless and Emergency Service Fees of Exhibit 7. Director may require CONTRACTOR to obtain consent or acknowledgement from property owners prior to removal of Solid Waste or debris. This may be in the form of an agreement to pay for such services. 3. Roll -Off Containers or Drop -Off Events Fees the CONTRACTOR charges for comparable MSW Management Services (with respect to Solid Waste not discarded in Containers) such as roll -off containers or drop-off events. 4. Palm Frond Collection Santa Clarita Valley Exhibit 3A2: Page 41 Scope of Work - Part 11 Fees per hour per vehicle* as proposed in Attachment 7-4, Task 2 Homeless and Emergency Service Fees of Exhibit 7 if significant amounts of palm fronds fall from trees, CONTRACTOR shall Sweep areas requested, Collect from right-of-way, and Dispose of palm fronds. * Dollar amounts are subject to an annual Cost of Living Adjustment using the Consumer Price Index identified in item C of Exhibit 7. 5. Task 2 County Services Fees with respect to Solid Waste discarded in the public right-of-way. Examples include: • Collection of Abandoned Waste • Collection from public receptacles • Collection from Homeless Encampments None of these fees can be greater than the limits provided in item C10 of Section 7, Most Favored Public Entity, unless Director, at his sole discretion, provides authorization based on information provided by CONTRACTOR substantiating the need for an increase. CONTRACTOR shall cooperate with all Regulatory Agencies, including COUNTY, State of California, and Federal officials in filing information related to a regional, State, or Federally -declared state of emergency or disaster as to which CONTRACTOR has provided equipment and drivers under this CONTRACT. Each vehicle used to transport Solid Waste must be assigned a unique number for tracking and invoice reconciliation. CONTRACTOR shall keep records of relative information, found on a typical weigh ticket, including the location of the source of Collection, location of Disposal/Diversion, vehicle number, tonnages, and type of material. CONTRACTOR shall have any vehicles used during an emergency certified for compliance with Federal Emergency Management Agency (FEMA) requirements for reimbursement. Additionally, if Director has directed residences or businesses to place their debris in the public right-of-way outside the terms of Contract Services, including bulky items, excess solid waste, or Construction and Demolition in quantities that exceeds the limit of two 70-pound containers, Director may request CONTRACTOR to take geotagged photographs of the debris that include adequate background to provide evidence of the location. Director may direct CONTRACTOR to deliver Solid Waste to any specified location, including a materials recovery facility, landfill, sediment placement site, or a debris placement sight. Upon Director request, CONTRACTOR shall deliver Solid Waste to any location determined by CONTRACTOR. CONTRACTOR shall give first consideration to COUNTY in the event of a major disaster such as an earthquake, fire, mudslide, storm, riot, or civil disturbance as Santa Clarita Valley Exhibit 3A2: Page 42 Scope of Work - Part 11 declared by the President of the United States, Governor of California, or the Board of Supervisors. Billing CONTRACTOR shall charge COUNTY no more than the Emergency Service Fees in Attachment 7-4, Task 2 Homeless and Emergency Service Fees. CONTRACTOR shall bill COUNTY monthly for Emergency Services performed during the preceding month by invoice (original and a copy) in a form satisfactory to Director. COUNTY will pay Emergency Service Fees to the CONTRACTOR within 30 days of receipt and approval of a properly completed and undisputed invoice. If CONTRACTOR is certified by COUNTY as a Local Small Business Enterprise, COUNTY will pay CONTRACTOR in accordance with Board of Supervisors Policy No. 3.035, Small Business Liaison and Prompt Payment Program. The Itemized invoice shall contain a reference to the name of the Service Area and Environmental Programs Division, Residential Franchise/Garbage Disposal District Section. CONTRACTOR shall submit invoices to: County of Los Angeles Department of Public Works Attention Fiscal Division, Accounts Payable P.O. Box 7508 Alhambra, CA 91802-7508 Santa Clarita Valley Exhibit 3A2: Page 43 Scope of Work - Part 11 EXHIBIT 3A3.2 — Additional Services Santa Clarita Valley If this Exhibit is inconsistent or conflicts with other provisions of this CONTRACT, this Exhibit governs as provided under Part 10 B7. 4. Mulch and Compost Giveaway Program (Item H7 of Exhibit 3A1) CONTRACTOR shall offer at least 40 cubic yards of Mulch and 40 cubic yards of Compost at each event, or any volume requested by Director not to exceed 80 cubic yards of Mulch and 80 cubic yards of Compost per event. B. Bulky Item and Excess Solid Waste Collection (Item H3 of Exhibit 3A1) CONTRACTOR shall Collect Bulky Items and excess waste discarded at the Set -Out Site on next regularly scheduled collection day upon at least 24-hours' notice by the Customer or Occupant or other date agreed to between that Customer or Occupant. CONTRACTOR shall not Collect without notice, but rather shall perform the following: • Tag items with a Non -Collection Notice describing notice requirements, and • Contact Occupant, as provided in item C9 of Section 4. CONTRACTOR shall Collect up to three times per Contract Year all the services prescribed below. For example, Occupant may place two mattresses and five bags of excess green waste out for collection and it will count as one of the three times. 1. Bulky Items In addition to the Annual Curbside Cleanup Event described in item H2 of this Exhibit 3A1, CONTRACTOR shall Collect from each dwelling unit receiving service, a maximum of ten items per pickup. 2. Excess Refuse CONTRACTOR shall Collect Refuse in bags, up to five bags per pickup. 3. Excess Green Waste CONTRACTOR shall Collect Green Waste in bags or bound bundles less than four feet in length, up to ten bags/bundles per pickup. Move-in/Move-Out. CONTRACTOR shall offer an additional Bulky Item Collection to Collect a maximum of 20 items of Bulky Items or bagged excess Refuse within 14 days of an account being opened or closed within the Service Area. Santa Clarita Valley Exhibit 3A3.2: Page 44 Scope of Work - Part 11 Additional On -Call Pickup with Additional cost. In addition to Collection described in item H3 of Exhibit W, at the request of a Customer (not Occupant) more than three times annually for residential, upon 24-hours' notice, at charges for additional calls listed on the Attachment 7-3, Task 2 Service Fees of Exhibit 7 and charge for items listed in CONTRACTOR Documentation in Exhibit 3D. C. Annual Cleanup Events Services (Item H2 of Exhibit W) CONTRACTOR shall conduct the Annual Cleanup Event each March, unless otherwise instructed Director or requested by CONTRACTOR and approved by Director. Santa Clarita Valley Exhibit 3A3.2: Page 45 Scope of Work - Part 11 EXHIBIT 3D — Contractor Documentation All documentation listed below is to be attached to CONTRACT as Exhibit 3D. Use of Director provided templates is required where applicable. A. Notice to Director Required 1. CONTRACTOR's Permit and Permit Application Include all permits required by COUNTY Code (such as a waste collector permit from COUNTY Department of Public Health) or other Applicable Law. 2. Inventory of Service Assets Include all documents that encumber or limit CONTRACTOR's interest in Service Assets, which includes identifying serial numbers on Carts promptly upon acquisition. 3. Container Specifications Include Container capacity options, container color, manufacturer's orders and invoices, label content and placement (item D of Exhibit 3A1). 4. Vehicle Specifications Include Vehicle identification number, model, make, year, purchase order (if applicable) and fuel type. 5. Subcontractors Include Subcontractors' names, the amount of Goods or Services less than $50,000 that each Subcontractor provides to CONTRACTOR, and a description of CONTRACTOR'S relationships to each Subcontractor, including ownership interests; but excluding Director -approved Subcontractors (Part 9M of Exhibit 5). 6. Office Address See Section 6A and Section 6131, CONTRACTOR Office Hours. B. Director Consent Required Form of Non -Collection Notice (Section 4C) Include any Green Waste exclusions. 2. Waiver of Liability Include form of any waiver of liability (Section 4131) and form of any indemnification (Part 4 of Exhibit 5) Santa Clarita Valley Exhibit 3D: Page 46 Scope of Work - Part 11 3. Terms and Conditions Summary (item L1 of Exhibit 3A1) 4. Unpermitted Waste Screening Protocol (Section 13) 5. Acknowledgment Receipt of fact sheets relating to form of Nonemployee Injury Report (Part 4136 of Exhibit 5) and Safely Surrendered Baby Law (Part 12132 of Exhibit 5). 6. Insurance and Performance Assurance (Part 4 of Exhibit 5 and Section 15) 7. Internal Revenue Service Notice 1015 (Part 12B1 of Exhibit 5) 8. CONTRACTOR's EEO Certification (Part 12D3 of Exhibit 5) 9. Intentionally Omitted 10. Sharps Collection (item H6 of Exhibit 3A1) 11. Mulch and Compost Giveaway Program (item H7 of Exhibit 3A1) 12. Alternatives to Fully Automated Collection 96-Gallon Carts (item D98of Exhibit 3A1) 13. Director -Approved Subcontractors Include Subcontractors' names, the amount of Goods or Services more than $50,000 that each Subcontractor provides to CONTRACTOR, and a description of CONTRACTOR'S relationships to each Subcontractor, including ownership interests (Part 9M of Exhibit 5). 14. Backup Service Plan (Section 11 C) 15. Key Personnel (Section 4J) With contact information (name, address, office and mobile phone numbers, e-mail address) a. ALL CONTRACTOR MANAGERS (see definition of "CONTRACTOR Manager" in Attachment 5-10A) b. AUTHORIZED REPRESENTATIVE OF CONTRACTOR, C. SERVICES SAFETY OFFICIAL (Part 12E1 of Exhibit 5) 16. Route Maps Route maps are to indicate all starting and ending points. Santa Clarita Valley Exhibit 3D: Page 47 Scope of Work - Part 11 17. Facilities and Solid Waste Facilities Designated by CONTRACTOR (item F of Exhibit 3A1), including the following information: • Name, location, owner, and operator, with telephone contact; • Types of materials accepted and rejected; • If applicable, methodology used by each Processing facility for allocating materials, including Disposed residue, to the Service Area, with sample reports; and • Reasons for changing the facility designation; CONTRACTOR may designate a new facility that has higher fees than the prior facility, but it may not pass increased costs to its Customers or the COUNTY by increasing the Service Fee. The Service Fee will not be adjusted to compensate CONTRACTOR if costs at the new facility are greater than those at the prior facility. Item E of Exhibit 7 is not applicable. 18. Additional CONTRACTOR Commitments Those made in its proposal for procurement of this CONTRACT (item M of Exhibit 3A1). 19. Transition Roll -Out Plan (item K of Exhibit 3A1) 20. Difficult to Service Occupants (Item O of Exhibit 3A1) CONTRACTOR must explain to Director: • Why CONTRACTOR proposes changes Service Specifications for an address on Director's difficult -to -service list under Item O of Exhibit 3A1, and • What changes CONTRACTOR will make for alternative Collection, such as different Collection Vehicle or manual collection. 21. Movement of Green Waste CONTRACTOR shall comply with all Applicable Laws regarding transportation of Green Waste, including the California Department of Food and Agriculture's (CDFA's) regulations that quarantine certain types of Green Waste and restrict its movement. See the following website for more information: (https://www.cdfa.ca.gov/plant/pe/InteriorExclusion/guarantine.html). CONTRACTOR shall give Director a copy of either of the following: • Application to CDFA for the agreement • The completed CDFA agreement, Santa Clarita Valley Exhibit 3D: Page 48 Scope of Work - Part 11 EXCLUSIVE FRANCHISE CONTRACT FOR THE AREA OF SANTA CLARITA VALLEY EXHIBIT 3D—CONTRACTOR DOCUMENTATION A. NOTICE TO DIRECTOR REQUIRED SIGNATURE PAGE 1 of 3 TITLE TOTAL NO. OF PAGES CONTRACTOR INITIALS COUNTY INITIALS A.1 Contractor's Permit and Permit Application 10 A.2 Inventory of Service Assets 3 A.3 Container Specifications 6 A.4 Vehicle Specifications 7 A.5 Subcontractors 2 A.6 Office Address 2 DIRECTOR CONTRACTOR DATE DATE Santa Clarita Valley Exhibit 3D: Page 49 Scope of Work - Part 11 EXCLUSIVE FRANCHISE CONTRACT FOR THE AREA OF SANTA CLARITA VALLEY EXHIBIT 3D—CONTRACTOR DOCUMENTATION B. DIRECTOR CONSENT REQUIRED SIGNATURE PAGE 2 of 3 TITLE TOTAL NO.OF PAGES CONTRACTOR INITIALS COUNTY INITIALS B.1 Form of Non -Collection Notice 2 B.2 Waiver of Liability 2 B.3 Terms and Conditions Summary 3 B.4 Unpermitted Waste Screening Protocol 4 B.5 Acknowledgement 2 B.6 Insurance and Performance Assurance 36 B.7 Internal Revenue Service Notice 1015 2 B.8 Contractor's EEO Certification (Form PW-7) 2 B.9 Intentionally Omitted 1 B.10 Sharps Collection 3 B.11 Mulch and Compost Giveaway Program 2 Alternatives to Fully Automated Collection 96- B.12 Gallon Carts 2 B.13 Director -Approved Subcontractors 2 B.14 Backup Service Plan 3 B.15 Key Personnel 3 B.16 Route Maps 4 B.17 Facilities and Solid Waste Facilities 8 Santa Clarita Valley Exhibit 3D: Page 50 Scope of Work - Part 11 EXCLUSIVE FRANCHISE CONTRACT FOR THE AREA OF SANTA CLARITA VALLEY EXHIBIT 3D—CONTRACTOR DOCUMENTATION C. DIRECTOR CONSENT REQUIRED SIGNATURE PAGE 3 of 3 B.18 Additional Contractor Commitments 2 B.19 Transition Roll -Out Plan 2 B.20 Difficult to Service Occupants 2 B.21 Movement of Green Waste 2 DIRECTOR CONTRACTOR DATE DATE Santa Clarita Valley Exhibit 3D: Page 51 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item A.1 — CONTRACTOR'S PERMIT AND PERMIT APPLICATION This item consists of 10 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 52 Scope of Work - Part 11 Section A.1: Contractor's Permit Enclosed, please find the following Burrtec Waste Industries, Inc. permits, as required. • Burrtec Waste Industries, Inc. County of Los Angeles Waste Collector Permit from the Los Angeles County Department of Health Services. The Waste Collector Permit is operational for calendar year 2018 (Number PR0157416) • Burrtec Waste Industries, Inc., Department of Toxic Substances Control EPA Number (CAL000303796) • Burrtec Waste Industries, Inc., California Integrated Waste Management Board Waste Tire Hauler permit (TPID 1534448-01) • Burrtec Waste Industries, Inc., California Department of Food and Agriculture Permit - Compliance Agreement for transporting green waste (Compliance Agreement Number 19-GW-004) Santa Clarita Valley Exhibit 3D: Page 53 Scope of Work - Part 11 County of Los Angeles, Waste Collector Permit kCDUMYY LN 1,0& ANGkLk I HIS PERMIT MUST BE �okspicuousiv oLsPLKYEG cwi'THE PREMISS Pablie health Public s Health Permit Valid Until 1 /2112018 f w- WaTUmcr PR Munf4rr. PF1101$7416 Propnm 0 C4 NERCIAL 0+rur0dow SWF , WASTE COLLECTOR YARID FEE FMCIMyCh r -rW MOM BURRTEG'1RASTE INN fjB9D CHERRY AYE FONTAW CA 92335-5 Facimly Latetlan RURRTEC WA$TF- NS-G,-TKI-_S. INC IiD 17 W GSTOHE aT AZUSA. CA 91702 Santa Clwita Valley Exhibit 3D: Page 54 Scope of Work - Part 11 5/10/2018 N] Department of Toxic Substances Control EPA Number Matthew Rodriguez Secretary For Environmenlai Protection Facility Search Results Department of Toxic Substances Control Barbara A. Lee, Director 1001 1 Street P.O. Box 806 Sacramento, CA 958120806 Facility Search Results Selection Criteria: Facility: Search on: Physical Address EPA -ID equals: CAL000303796 Status: Active and Inactive Sort Direction: asc Sorted By: EPA ID Records Found: 1 Edmund G. Brown Jr. Governor EPA ID Number Name Address City Zip CAL000303796 BURRTEC WASTE SERVICES LLC 1017 W GLADSTONE ST AZUSA 91702 The Department of Toxics Substances Control (DTSC) takes every precaution to ensure the accuracy of data in the Hazardous Waste Tracking System (HWTS). However, because of the large number of manifests handled, inaccuracies in the submitted data, limitations of the manifest system and the technical limitations of the database, DTSC cannot guarantee that the data accurately reflect what was actually transported or produced. Report Generation Date: 05/10/2018 http://Ilwts.dtsc.ca.gov/hwts Reports/ReportPages/Report0l.aspx?epaid=CAL000303 796&id_test=equals&address_type=Plrysical&city=&zip=&cotmty=0&nine=&name search=F. Santa uiarlta valley tzxnlDlt Ju: rage 55 Scope of Work - Part 11 California Integrated Waste Management Board Waste Tire Hauler Permit State of CatifOT_�:;a California Integrated Waste m nagement Board Tire Program Identification Number 1534448-01 &urrbet Wesfa Industries Inc SFTE ADDRESS- SM Choy Avenue 1 017 G adsta-se Auer,. e Font2nwr—AW;335 Azusa. CA9'706 N. not copy or reorocuce Post this mrzifiiate in a eons) icuft-s p6ace Santa Clarita Valley Exhibit 3D: Page 56 Scope of Work - Part 11 Department of Food & Agriculture Compliance Agreement CALIFOF.NIA DEFALTMENT OF dfa kQPr7 & AGRICULTURE F,:niwc�k- ^OM'PLIANC' E AGREEMENT ror he isewit- MASTER PLkM" I QC: 1789'129ar12g111292f1237 Piar,3uorittc Cvrrarrlia Code Df.pe,ufmboris 3'�54 and AAplicsWe CC;?5 Bcgaani Previsions 'or the I"1t'WrVe Mo+kerrerlt of GREEN WASTE Drlg ratirg vaiihin the State Interlor Qw-arantf* for (uhm all "apply): ZI Asian Citrue Rsyllld JCCR 34W ❑ European Grepyvino Moth (CUR 5437E Fluanglanglaing (CCR 3439) ❑ Light Brown Apple Math (CCR 3a34y J Oak Mortality Dlaeaee ramorum (CCR 3700) Curnpliance ABraaineot No. 1 1, PROGRAM TlieC;aliluiliiiA[)mpaetmen'ofForxsrdrygdculture(CDFA).andtlic lzr n;�Cles Ccu-ty h�)liculkural Carnmiasicner cooperaling as 1he Prwrvm. PROGRAM INFORMAMN Ln,, Ajm-ed� CCunty.Agricullural Corr vLmloner3 Offic�c Street rddrpss. City: ap Godo: Pica, 4'lr�;ael: Phone -. Fax r7"I�ll 2- Bk.ISINES5iESTA.9Ll$pMFN1r; E=='abl.shmeni Nsrle {suWeQoerrly r •rcd to as 'Emabllehrrw-nC';. BLr:_Lec W;La to Tn€ &ti Sl.r:ns - AfUAI JleuJiaE Y0rd ESTABLISF MENT INKMMATION Okwar hRarre Cu:r Bnrx, Prmi&nt KtHnaQH IY0imi a--jAu Camacho Phone (6uu ) _.32.5 9.1 Fex E^1Q 1 ncantia i '03 1 ing AAdress' GL C:acrrV AVE City: Frrnta'a ZiPCOJE: 92.1.15 J(criei k hti) 'if ,u,sil:ilItJdrr=.s i; thr aFMC. ,c raALLE] Rd Tass} F'hyeicalAdlr s;. 1JL7 WC:la-3sx,_ a.qr Oily: AZLINK zip Colo. L31-102 Thas Bros jC $k 5 V[ri Cant Ave CPS .34.134.4?75-117,9H763 ' e Sri Santa Clarita Valley Exhibit 3D: Page 57 Scope of Work - Part 11 f3ACKGROUNIa: The oasts knenvn as AMsri Ulnas pt5yllid, &ropean grapeuinr rNth, Ifgh' bi;awn apples moth ana Phyropfrf17;►r.A rqF�:fl,,?7 prtzunt a rW- and orrgeing 'hn..9t ho the agrieult,,al industry, enuironmert anG eccnir,y cif the Stste c` 11-lifcrnl7 MOverne9nt of nig•ulaied arti,les and I'nwaltius i:s a rocoT,izod aherrneel fortie sf:re-ud of These pests f-agt-tabllslled ili ed!s LL2 new Ice-elions. The f"mc • jrl i* U U:wpMaliW ikfr2d batvrearl pu* i-- efUltics Thai are responsible -or mitigating true moyemcni of lhoso F---s f;-D-.' —gulaled areas where= tic p-mz is estahlishW Lo riuw loratobM. AGREEMENT-. A. Tt'e Program. will permit your Wablishment tc self-execule the q-jerentine reavircmriits attached as eA-b:W che2kcd bolow_ inolueive and mowpp-led i Pik this agreement by referen.-A- - it' fully eat out. The F.&Iois r.IlftkvJ belvrr flie ariding: CHECK ALL EXHIBIT$ THAT ,APPLY- LJ tXI-lMI.GW2 810 MAS=OGENI RATION (Prccesead and Unpratimod) U T.}d111G+i1 3M4 COMPOSTMO Wrovessed and Unpr eedj t3{Ctil.". "5, LANDFIU. Mroeczso arid Unpraces&ed) Ex111M Gvy1c. HAULEMITRANSPORTZR f vH-3 Grigen V-2asle Re5LIn1q twi tv Proaer}aing of Regulated Arl.:.es �e g. br:.lx grapes for crush) #0 Cr rinotea it i d Quarantine area Exhibir GIN-12 TRANSFER STATION El. In exotrange for thrs Prorgl;A'ri'zs r2lomis+a r�ntained in sub-rFrragraph ".A' ;0.>ove, the Establishment Agtaas to abides b; the =ollDwing rules AnO regul titans: I. Haiwtle, , iucvEE, xndkir mcw. mgijIa1e4 artidt-s in acuardancjE� wth M quarantine rcquiraments Tor each pit rhecKud on Dage 1: 2. Fduxv the ?rD riarn's risiructions regarding the u-A. of all peffriit�S Bind U-HrtifaeteE; 3. Maintain and make such (000fds as .he Program requires, acCesslblc for Enspeation upix reuwiiubla notate; by tho Program Officer Tlk-er i tuurd-E shall oa mairiained for a! perlm 0 tl it iaWr of 2 yea-s or this I'usolut u-} of any :iuts�end ng da ro g O, This agreement beccnic-5 erfei!ir6 Gr sig- rig and =_hall reT.airl in eieCt tirtil cairn M by e'&er part; on 30 days noG®e .n the ot- r at the addrilsg of 6'thor appearing abo�w. Hov -er, the P'rogr8m may iaGceleroft :lie IvUca to wirnediate for cat ae, inclucrng but not i Mi',ed to Iho EFatrlishmeni's abanriprlrrrent of Mu p iooaduree putllrred In tare ftachprro Fi ht L;bl. D. E: U1Iishirrant Enemies Iiabilfly, f any, aTsing from the rnanrtier In which E0.eb•'shment sills, handles or dish faubes any mqulsted nr:st mmerlal NOTTCEt Amy figma wry or a:RglfvXee Gif en i sfg11 gwy Iv*a F•di► wtf s iii�- t+JTm jlijr CearrgplltzN- AKre-lur- jnnY if? 8 Nan to giu'l Pcmul& r permar3f or, +_'48fnrn60 Atari uead Apr iwbiprof Csrfr S .rflvn 3 703. S!�iled in the Cuunty of San Bernee d i lip in the S:a!e of Oallfornla rn 05 # Of 1 LStablishrrcnt by: (print iaw.) PMgrarn by' Jil,,:id riarnera Tracti k S--ccuca Li t f'7 �s6 rt3nag f�xr ntr {signature): Program Officer (reignalure%, - y„I r,W) ri-. r 4' 2 Santa Clarita Valley Exhibit 3D: Page 58 Scope of Work - Part ll Department of Toxic Substances Control Exhibit GW10 — Green Waste — Transporter/Hauler 1"�ry7-!°� C�441i8fh��8iM�,�Y .i+ar o. t_i UoNed Mifth n*ovjjj*6j 9,%rkurlurt L.4�1,{,�, F8S1D a FB��[uti oL� ui xnlmnl nM Plxnh riru)r6lrrprs'h'ni5n.i4� Insl.r FoPOhFM ml Qunr UmL CQMPLLANCE AG REEMENT for the use with Master Permit CC 12891129LX ln11129Zf1337 EXHIBIT: GWIG GREEN WASTE - TRANSPURTERIHAUL,ER Pro+uislorm for the Intrastate MDveament of PROCESSED AND UNPR ESSED GREEN WASTE Orlglnating within Iho Safe InterioT Quarantine Area for (d'aa t* al thert apply) Asian CNrus Psylrld JCCR 3435I* European Graperino Moth (CCR 3437) Huanglasngbing (CCR 3439) Llgfrt gown Apple Moth (CCR 34341 U Oak Mortaft Disease Ceoritroll Phyfofafr ore ra morum �CCR 3T00) 'CaerraWwce Aw-eemenf netraQr+ired when r7ra3gftwe-Ste remains wMWn fha CUAMnUna area_ A. Green Y mtD Definitions and RegulilIh q Movement Requiremerl#s `Green waste° is unprocessed or preceaaeed vegetative ma Lilag witch conlei its EIFW of the following ar a mluture tr�araor. stems, leaves, culls, dlimarda±d rrulits and vegetables, grass cllppin98r weeds, yard tlimnniPVrt, woudJvinelprc"rsinoAmrveettng waule, hulls, bane, branchg&, "rp and slumps, Berries garden+fleldtvrrgyai,dNK+relorchard reaslduers, duM, rrLvlrh, cvmperet, acid mhor miscellaneous plant materiale, 1. 'Unproceseed Green M1I'Yauste°' iS 'Green Waste' im the raw state. It halt riot undugone any mechanical procedure to lessen the pest rak and Is thertsfuree a regulated item, Al parties Invatvead in selling, trarre.awting, or feceivlr g ' LJrlproceved Green Waste', from; ❑ Quafargine Area, must haft a Pr]grarn fasued compliarr a agreement The mnvere@n,' Cr'Unproceseed Green Waste' Is requLaU, and IL must rm in wllhin the quaranllna area. 2. 'Peacromsed Omen Waste'" is 'Green Waste' that has undergone stoma mechanical procedure to lessen or ellminttte Ihs peat rick. Qapaerl§rlg upon the degree d processing, it may or may not b a e regulated Ilea AN purtieu fnvoheed In seling, tfamporting, or receiving 'Pros %md Green freer a Quarantine Meet #hat is rat cornplexey proDeased Into 'Cornposl' must have a Program Issued camptiance agrreemenl. The movement of 'Processed preen Waste' es dependent upon the degree 4yf processing (mLAM oe rxrnpcat) Refer to i%mta a and p, aj 'Mulch" ie 'IProcenea Green W8sta' Owl has tin chipped, ground ar Waredded-'Mulrh' is. not 522MaQt9IY praec ed and aaiilI poses as pall risk, and is thereFore a3 regulated Item. All pwtieG Involved i-I gelling, imnspotting, ur recaMN 'Processed Green Waster' Iri the km of 'Mutotr', from a Quarantine Al", must have a Program Issued ocrnpkanrae agreement. Thg rno"ment of `M utch' is ragulaied knd li must rernaln wigiin the quarantine area b) 'Comiinovt' la "Processed Green vbattrd' composted in esccordanee wish aCeliromla Code of Regulations. Titre 14, Olviscin 7. Ghalpter 3.1. "Compost' K cdmldhetely processed and no longrer poBes a pest rick, and is thereinre not a regulated item, AJI pagt-qx invl're� In 101rtq, transporting, or r airing `preceasr cod Green vyw3 e' in the firm of 'Compost% [Tait a Quarantine Area, are nol re uifead M have A Prograu iBsued compilanoa uweement. The movement of 'Compost' Is unregU g4, and it raa ay move, within of outiWe of arry quarar'Itirla area, Rev 4:16115 e ki Lire PW I qf3 Santa Clarita Valley Exhibit 3D: Page 59 Scope of Work - Part 11 hu Ymc,ii) rrrc!Y.-mrrrra;es, srer'srtttr r; r P"r rear owpe iwa,, rP7 rJXr fH{r 'brrns of +G;resn WM& Q' rhrlry 1JF?.M0%1iidrei Qa.'irJalrrirrwAnYof-DOWM*d rete�S:c' rK,*Y Ell. For each of tl1,e quarantirtirts ctlecked alive, the Establls,hn ent agrees to- 1, Vehicle and(or Trailer Rirrqul rornonts Only ;rar'SPOa green Nwde in a v9hic-e or trailer [n oomplante with the -California Vehicle Otde :sWions E3114(u) and 23' ` 5(a,. 23114. (a) A. vehicle may nr_sr bae driven or rnu4&J on anyr K hw ay unr&m Rhe vehic4 is air} carbMwNW, covBImi, or )bade d as to prevent asiv of its Contents or ICM otter than clear-vralear or feathers from llve blyds from dropping, alfiing, le;*Ing, blowing, SpIRIrigl, or oRherwine a ping from this veltipe, 2311ti W No vehlcla inansporting gaertage, Swill. Wed Cant or hollea, wssiepripers, waWm cardboard, n11e5, rufuA, trash. or rubl:As-i, or any noisorne. nauSeoJs. or of`ensive matber, for al&ing bei'rg TwKwted 'cir dislacsal or rscyclirg ahail be driven or rjjcvud upon any higtYWW wilGss (N3 load is lolallya c"ered in b mannor 1ha1 wirl pn@vw* the IQM or aly part b' ft bad 'tom Br) -fling orfa it p from trra vehicle, 7: 5afaguarded0onvey4)rvCQ aJ Transperi grae-t waste in a fs.;;g eridusud vehicla or RreilIar, or bi frbnsperi green vrateru in a v40 cle or lroler coverO in a manna9r, approvo by the PreTam, t4 eiirnimmn the leassof green rwaaiewhike In 1rwsti. 3. Approved Received € my wuvu preen warfla Ic an npp.rpy" girmn waste Weive• uncer compl:arrce agreei-irnt far the appllCeple pe&l -W-tx ked above cc as speeifea in "cial i:•=a1rucLissns. 4. Movement of Grean Wa6k- Unpwce8rM gree;r: waata and green wr3$16 Wo :ro mplstaly kraut V MAI be moved to u ret'.eiv" wlUn .he Quoranlne Area. operating undex u Prrt7•anr issued +rlphnnce rmment Far each applicable pett ChfiCkead ahava. The rriovownt of green —R1Ea Mpg app;% by Fm fvkoowmg: ep Movement or wiprounsed grea'r waste -1 regp,ratl C, ai1d iR ftkjS1 Terrmin Wthln the Ouarardinre Area. b) 61ovur.ent of grew wa sic prce-1-seed incomp" {rnulChi fB r ulated, and it must €erriaio wrhNn the Qmrpndne Area. u: Green waste processej complelutf (CDmpcs`.) is the Only forni a grin waste that ig elot regulated. Campos: rray move w'lhmr) Or vulsido the quaanttne srea. dp Queen watto rc4ulling trpm t;GtifM regu;abed arlides (includi^1g grape ar4i 9ii-e), that have been pr-E-9sM at 7 balers, or 28 PSI, is no torltjer regWratricd card r-ay be dl5lrj*uwd wyvrhera it Califomla exQWL vkmr yards forested caRalde an EGVM q uaren9im� wea. '*errsps ia,crYcmesrnrnrrs,afidwrThPdarP prami pmvae, rormiaf funrlFar'CraenWa4o'ormy bo R?-Y,, r uufsiilra firer Qua aridno /lava ra e p Un nncrs tvrderrloaapdi'aroas S. S1lippin Dcw uments and Quarantlnp CorlifrGaiGon a} tnSb•ro applicable quaramine certiGC-�i1ror1 oucrompEiries each shipment area; bj Prue de a cop-y of trou LAI of leuing ,or other WoDing docurr onR1 �vd quara3 tare ortit tibn to reaoeiver, Rp% CKI S Pact 2 of 3 Santa Clarita Valley Exhibit 31D: Page 60 Scope of Work - Part 11 6. TrailerCl��ring Ensum t"e conyeVar►ce US@J to transport green wom Is thuouphly Cleaned of debris 4ltnr w+lv"rag and prigr Jo leaving the aoprijved r DBMrrg twIllky_ 7. DWoot RQUTA Transporl ®man wa%ze Prom the origin loci* to the approved reosiving fEw-My il�y 1he Ii1W dlregl rodtt Fusible, or by a route dasat [+d in the aperial ins1n.ckvns deAow. 5_ $pllt Nc►tlfita4lon Ncdijr Lhe heal COUMY Ai rftulturel eommisai r c4 a green waste zpill - swn a% pUBaldl . but nq I8tor than ?A hours a'Fker a spIU. SPECIAL INURUCMNS: Tracg A- Sw�er e , CAc7N P -- — 1.2015 �rriuedararmrr, �rfr �°alleaa � r�nyuly warp ir�por[di4a+ra werJr�dmb,r.r nooy+�garlr iA af�PpwnoPrre�xp�uzumnr m cad Xi�arle�sadrfx�kMh�a�m�' code ;�re1o,e 5�45 cm�vr ra,ora �rhZ, �gmrrrc+rr Rtr.4wI5 Pegs_T'or'3 Santa Clarita Valley Exhibit 3D: Page 61 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item A.2 — INVENTORY OF SERVICE ASSETS This item consists of 3 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 62 Scope of Work - Part 11 Item A.2 Inventory of Service Assets Santa Clarita Valley Exhibit 3D: Page 63 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item A.3 — CONTAINER SPECIFICATIONS This item consists of 6 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 64 Scope of Work - Part 11 Burrtec Waste Industries, Inc. has sufficient carts on hand, no additional carts are necessary at time of execution of contract. Santa Clarita Valley Exhibit 3D: Page 65 Canna of IAMA- _ Parf 11 FAN' - 106.0909 Rehrig Pacific pacific Roll -out Carts �'ompab� Proven to withstand the ngors of today's colLe+rtion sysirms. Rehrig l'arifse!& liuskyLite Roll -out Carts are setting rw%v industxy standards for durability and cif ency. available in 18 Sallon through 95 gallon modeb, for nwWly any curbmde a ppucatirart, these Carta roll easiEy even with heavy loads,. The continuous orw--Pk" hA3%dle PtOVides a sttong gripping area and the wide wheelbase MAID maneuvering eas ttuslsytAr SarN arr tlrxat , yet hold them shape e%x-n ahm-i %vArs of s mvwe. h mrorfoteed top lip adds strengxh and ng dity as do the double ;crag rail and rebiforced oat The specially deli red wide gtoiur%d-buggmg baw helps kmp Dare cwts upright anal %LAbk,- [)p� for Ow RoU-nui { erti include intmT6&1 and e%hmwl ku-king lid+. which (-*n be mA& with dkwls for collft- in$ 4ront O rntia l documirnt% tir cutouts for recyclable- beverage cont+ainen Wtwrl opotimvo include blow -molded whcels or quiet treaded sna"n wheels that imull in seconds. RoU-out Carts &m stupped with hd Aread►' ambdunt samemg additional acsernt,ly tune. R `JC _6 ,N t'I Santa Clarita Valley Exhibit 3D: Page 66 .4nnna of 1/Unrk - PArF II J�ejrs* fi �oxnW om■ 1r.r Ball-Otit Carts Fx#ttam and Opt em r 1 a `wcnFAutvinated or Automated t_ ol1vt tu?n 4A I joiawhold RafUW. ReCyidAbles and t 1ganic ' AA" * 1.1nivwmi Cut t M Awa111al* to All rhur:s, Fully-Antcresakmd RMASFACart ahn A.vaitab& * Cm.,,trtk-*J of Nto Gumlity, R+%dwnt LIV-60t•tltrrd 11`01*1 Rehm AvaRablee Itt It Wide Rangr tit ('nkmi • Rotating N141al +.rt %1k4deJ-In ( -aft h B tr-4 • 110 p ltranduvg of Lnga» and Rz y:Irnr. tic>I{an1, llax l r�r,Im& Snpwv* l`lttmteritn and Mulb-Calm lm4to4d Labrilift IL�-t 4 n% • RFI1) Lnkwaftion Av+aiJaW for Use In Awd and Parbolpation "TrrtdL*% P • 1-hvider {) Okin for T+-S1z� Cbdecbm • (_�j14ITsal Furs lvohn IAp a Litt i'mInuti for Riovyrlabk-.s Available • I id tilxhv nr.Op msm I ndualle, 9e or Ii0 Swps • llkrw kkil rd tit Ql11rt1 Twad hlwwk Av"ble+ In 0 ittet I'ira, I,.nd Cap or Snap-ran:.%.Yk% • { fptld iml Feartuw% hir t . idid1ewtAl D unui t 1 h-%tML 114M CA 0 l irlh with Iniernel Key I A k k tit F. Lh-wmI 'lor gur PlaiIr and hillock Rehrig Pacli ii Roll -out Carts Product Information Cate WIMMrr' {an.) RC7C- 15 2CI il>m•35, Ili C46 ROCAS He%gM W/W 3200 39.13 4513 h 1C:ti4]' 27-96 2.11 13 72% A' N Um4 Rati>rtg" W) 70M Ir_w ?I7_50 Truckk d Quo P IC-19 I -20 R( _M ROC-aaS RO -45 4W Trail" M i wr *4 5" 384/432 t Dimmuions %an JrrmvJ *on irlxei MW bd rapes A 30 plkm i4 artt EV S16Ne VIM - )a CAM MaJud (Amry N"k +main ai"a6m 1D.rhjjAi t obd 11MLI .Europw Lip (�gr.r`rt 4]�sscn� 14M' Etex�+_1r+tw'+ Prarrie�l iD iM L: arm MN CA%k 4tiwlkxk rrrt aLird ed) +4�*tJctrat'�' Ut i 1� Isd 0 Slow4l Oi-m—nings with Anti-Pish Opbun A FAMMY'i1itADMON OF GKDMrM SEiY1.iCE AND iN O AY`ION a See Clrganrc Wa me C onta rkex SpedfirA n Hmfi"OMM4M She MK*Mtaraa@6` ChMam tMIwl3 OM 4n43HFOLX PM 3WM tcc# fvt h{I�Ittjnrtal I �rtur, a.lxl Ir>.,Ira��rr OWM-a �+Mm1raAM - Ddh&"M •tr M11k%M�ulO►s►fti C OUVA Q 1110 3104M + QdMhL R. HM +m 75M t Carair rM MON • MOW 00 tM4 111 Id sMt.a.�....n.r....,dW402—err Santa Clarita Valley Exhibit 3D: Page 67 Scope of Work - Part 11 REMPiG 1:1 IDIE1993 REV 1 01,23.2614 SLN 1117.1 Art = 111'rx 2.1.ir ClIm 3tKe:. 12'N X M h GREEN WASTE ONLY AGCEPTAI3L.E Leaves 1 NO HAZARDOUS, LIQUID OR ELECTRONIC WASTE Graxx Clrpplrugs For Afore Informalion about how 10 dirpose of Household Hazardous BraRcho sh � FL1SrY 5 Waste MatEd3l call 1-888-CLEAN-LA Saw dust True TrlrllmInga To Request Replacement anftr AdditiaflaI Carkjsj Contact Burrtec- 1-800-325-9417 r V39 tee rbra REHRIG 1:1 D161394 REV 1 01-23-2014 9L ON IBM 2 Art It-xn 2 111 1310 5.": 1 T W X Z4 h 6#1 A LABLES L1 401 ACCEPTABLE Paper NO HAZARDOUS, LICIOID OR ELECTRONIC WASTE Aluminum A For More Infarmalion about haw to dispose of Household Hazardous Metal Waste Material call 1-888•GLEAN-11-A Cardboard Plastic Bathes GlassTo Request Replacement ancUor Additional Cart(s) Contact BuMec; 1-800-325-9417 ru3Arar❑ REHRIG 1:1 d161395 REV 1- 01 2's a^1d SLON IBM 2. Art _ 11'*x 2-1111 D16 Sim 12'* X 2.5'h p j� + �y TRASH ONLY ACCEPTABLE THE FOLLOWING HAZARDOUS WASTE MATERIALS ARE NOT ACCEPTABLE: Palm Fronds °fAntilree2e. Househo Id Cleaners. Motor Oil. Faint Th inner, Pai rAs. latex ar del-ba"d I H#WS4hvhj Waste For More Information about how to chspose of Household Hazardous Waste Malerlal Ball 1-888-CLEAN-LA To Request Replacement anclYor Additional Cartllsj Contact BuMec; 1.800-325-9417 r V3A NZrar(7 IN*w1I[emIi!" 7_1004X R-11a:110 HO—FIG 1:1 MD13115F &28-U 0G MAG 2 PrAU StZE : 12'W A 4 h Ir, AGE Ste : 1133A X a.f5-M WARNING NO SCAVENGING DO NOT REMOVE MATERIALS PUNISHABLE BY FINE BP TO $5,000 9 -r. dry rr C.d. � 74 ]2 Ili C.rr„ P.n.s„ re..,..:.., a. r ..1, 5 4195 ) NOT ACCEPTABLE C Owtir u Ctia rr Debris Garbage Palm Trrr: Trimmings Palm Fronds Cactus. Flocks PI, %tir Or Pa.peF 137fJ5 Anlrnal Waste NOT ACCEPTABLE Garbage Fluids Batteries [papers Grearr Warta Slyroioalm NOT ACCEPTABLE Green Waste Rec yc IaH les concrete C 0115!lu Ctian 0 01tir1s 'Nalsgird OY9 drafty ADVERTENCIA NO SE RERMITE REMOVER I11ATERIALE RECICLABLES SE APUCARM MULTAS WASTA $5,000 cr.nra ,1.1 ['.oaten, .1� I." &.2—, y 7U a 7 1 U is-h-1 ,I.1Vt Rc..,,,�vr P„[yIs r q. � 4 14S 1 Santa Clarita Valley Exhibit 3D: Page 68 Scope of Work - Part 11 Container Placement • Carts must be placed directly in front of the residence with wheels touching the curb • Place carts at least 18" apart from each other • Weight Limits ■ 96 gal = 330 lbs. ■ 64 gal = 220 lbs. ■ 32 gal = 120 lbs. Note: based on cart specs Santa Clarita Valley Exhibit 3D: Page 69 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item A.4 — VEHICLE SPECIFICATIONS This item consists of 7 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 70 Scope of Work - Part 11 VEHICLE SPECS & PURCHASE ORDER No collection or support vehicles will need to be purchased to service this franchise agreement. The collection vehicles shall include the following signage: 69II11 TIE MRlllilt! If 111111361E11.11 into th Together we make a differs G�i a� IMGM �!kA�A4 •<.iir� NMI wa,w u Santa Clarita Valley Exhibit 3D: Page 71 Scope of Work - Part 11 VEHICLE MONITORING TECHNOLOGY SPECIFICATIONS Burrtec is purchasing vehicle monitoring per the specifications from 3rd Eye. The following is the purchase order, specs on the equipment are attached. Scope of Work - Part 11 81141/ 17 ,d Eye Cam Gam Mosier VP Nation Accounts � � Eye, Product faaturL to 0 Monitoring and remote access a Vldeo on demand can be seers throUgh a laptop or a tablevsmartph one tl Padil Phonel 5ervlce varlficatlan, cu.slamer complaints, damage claims. vehicle accidents and'Worker compensation claims © Ability to manually trlbdleryildeo_or J-perk P CLUres fur customer averages generating additional ravenue Q Sesure video recovery over Internal mthout pulling SO card m Remote soiltware upjstes with dual 7cine internal flash 0 Remote corifiguration of XYZ shack & speed threshold RE Santa Clarita Valley Exhibit 3D: Page 73 Scope of Work - Part 11 0 Speed limit sign detection 12 Stop sign & steep light detection G Vehicle proximity detection, such as tailgating G Low iniage quality detection; such as dirty camera G Camera tampered by driver ..rr.nrr FWM YY� 4LM iy"HM1W Mi"01"WW { WM M r �l 4 .'.r. 4 w y. . ---. ItMM . $ .1 — . I.M..a it.i.al 4, ii� Santa Clarita Valley Exhibit 3D: Page 74 Scope of Work - Part 11 �Fna„...• � . .gym E..�.. ,r_ i� Ja.Y ivl 1 J� N we Y'W 6rr r� 9eanv ira 4r-�-' �� nm Ilt.kfLVi•icn•. •+�„r syns��n �r�.•, e� wwuen» 1leFlw#�„� d.awr� ' �i�lyid i14/4Ye i w, S fPT. Oat iF Ji �.� s*8ss 1 r 9` 8i�lrl-5 •i iYl�l �F F &-Nib Iw+WJ' i r Cash r•a {�3Stl �6Mf�Vll tires Pf ]'A�9'�F F'wr WIt A41 B+�i K4k'tl irFPl1 �Jt Santa Clarita Valley Exhibit 3D: Page 75 Scope of Work - Part 11 New Telematics - +31Fd Eye Cam UDU is the center point of data collection Ord 86dy Chas5isData 1311-1a1 GP* PrrPlna— .hjurrroer•+LIP.Cow AvleWFuallEa IumC PTOArftn • Iwmhrp 0lpadr"L Braka padai .and aocgal a,ar padal I)Mtlaurx • LillCy�ClaiertlRlaea raalanl Lrrei VQ �Sv * P-ker Ww' 'n Eat CaaL,n Temv-nt[ _ Ra r,er rarr[A • Parker POQvriF rlsx Erryrrr aaurs + Twi Wla Full Ulfid • pump IOn - Erylni0rl Orrssura Total rdip Hwr1 Pra.mp]Qn Enpne QII.1 .':JI FIt_`I Wfe6 • SIAr Guar Prr,9r, Erprre Rl Te•j:p raiurc .. T+oernLsP.an Oil Letts Fndtsnrp • SSstam Pawar Sweah Ergim Rand Susan Up FLal USW • Fltsr R Bkii a Erylrw Spwd JRMAJ Trip kilo curd used • TalWte"C,axd Fx Leer) � WaNher Fold L[ l • Top dear Pmr I ,, — rhadaua.iserw&mine— ]ala s ualaaiLd W Cha CJaud {rare tha Fnhan C;a dWAU oil to ibe c4MI., ar nEtwork 1ig11"A I Chill"" J7939 Net.a4 rx C/ rfiWl: b5d41uilr:Utis. £onlrelsClrawsfunCrllans ftuhLes Colk%uJt999and GRSdata tobe po,P.+ate3h4olydeta,IP thuds data in J3939 emwak Ef.W&nl]nad yl(^" J1939 n&nwk tZ I-)t nr',v.- r,N" Rrliirirei-i- C li'°I fn.,rmwr.,l'n;[YrS;mi.r. 11f Zig RPWM4 Santa Clarita Valley Exhibit 3D-. Page 76 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item A.5 — SUBCONTRACTOR This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 77 Scope of Work - Part 11 Item A.5 — SUBCONTRACTORS Burrtec Waste Industries will not use any subcontractor. Santa Clarita Valley Exhibit 3D: Page 78 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item A.6 — OFFICE This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 79 Scope of Work - Part 11 Item A.6 — OFFICE Burrtec Waste Industries, Inc. 1017 W. Gladstone St Azusa, CA 91702 Phone: 800-325-9417 Fax: 626-932-1578 Hours: Monday — Friday — 8:00 a.m. to 5:00 p.m. and Saturday following an observed holiday from 8:00 a.m. to 2:00 p.m. The repair shop and vehicles yard are located at the same address as stated above. Santa Clarita Valley Exhibit 3D: Page 80 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.1 — FORM ON NON -COLLECTION NOTICE This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 31D: Page 81 Scope of Work - Part 11 NON COLLECTION NOTICE IMPORTANT! / IMPORTANTE! PLEASE HELP US! / FOR FAVOR AYUDANOS! We were unable to provide collection service for you today for one of the reasons checked below. Thank you. Customer satisfaction is our goal, but we do need your cooperation in complying with our collection policies. If the below is corrected by 12 pm today, please call our Customer Service Department at (800) 325-9417 and we will return and collect before 6 pm today at no extra charge. No podiamos proporcionar al servicio de la colecci6n por usted hoy por una de las razones abajo. Gracias. La satisfacci6n de cliente es nuestra meta, pero necesitamos su cooperaci6n en la conformaci6n nuestras polfticas de la recolecci6n. Si corrige el problema hoy, antes de las 12 p.m., Ilame a nuestro departamento de Servicio al Cliente al (800) 325-9417 y regresaremos hoy antes de las 6 p.m. para recolectar sin costo adicional. F-11. Your Green Waste cart is contaminated with trash and/ or recycling. Recipiente para los desechos verdes esta contaminado con basura y/o materiales reciclables. 2. Your Blue Recycling cart is contaminated with trash and/or green waste. Recipiente para los materiales reciclables esta contaminado con basura y/o desechos verdes. 3. All trash, green waste and recyclables must be placed in the provided carts. Toda la basura, desecho verde y materiales reciclables deben ser colocados en sus carritos proporcionados. 4. Please place containers in street with wheels next to the curb/property line and to one side of driveway and three feet from parked vehicles or other obstruc- tions. Por favor ponga los barriles en la calle con las ruedas al lado de la banqueta a un lado de la entrada de coches y tres pies retirados de cualquier objeto cercano o vehiculo. OVER (VUELTA) 5. Please contact our office regarding your account. Par favor Ilame a nuestra oficina con respecto a su cuenta. 6. Cart exceeds weight limitations. El carrito excede limitaciones de peso. 7. Bulky item and certain electronic devices (i.e. tires, e-waste) collection needed. Please contact our office to schedule pickup. Recolecci6n de articulos voluminosos y ciertos aparatos electr6nicos (i.e. Ilantas y desechos electronicos). Por favor Ilame a nuestra oficina para programar la recolecci6n. 8. Unpermitted waste such as: tires, household hazardous waste, electronic waste, batteries and flourescent tubes were placed in the containers. Call the L.A. County Hazardous Hotline at (888) CLEAN LA (253-2652) for more information. Su recipiente contiene desechos que no son permitidos-Ilantas. desechos t6xicos/peligrosos, desechos electronicos, baterias, o focos/tubas fluorescentes. Llame al Condado de Los Angeles para informaci6n sabre recolecci6n de desechos t6xicos al (888) CLEAN LA (253-2652). E 9.Unsafe conditions at set out site. Condiciones peligrosas en el conjunto fuera el sitio. F-110. Other/Otros: Customer Service/Servicio al Cliente Monday/Lunes - Friday/Viernes 8 am to 5 pm goBURRTEC WASTE INDUSTRIES, INC. w •11 ram Cd Of It" (800) 325-9417 Thank you for your cooperation .r Address: Santa Clarita Valley Exhibit 3D: Page 82 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.2 — WAIVER OF LIABILITY This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 83 Scope of Work - Part 11 Item B.2 — WAIVER OF LIABILITY A Waiver of Liability has not been approved by COUNTY. Therefore, Burrtec Waste Industries may not require Customers to sign any waiver related to property damage or personal injury. However, COUNTY and Burrtec Waste Industries may agree to a Waiver of Liability in the future. Santa Clarita Valley Exhibit 3D: Page 84 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.3 — TERMS AND CONDITIONS SUMMARY This item consists of 4 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 85 Scope of Work - Part 11 TERMS AND CONDITIONS What We Will Collect. We will collect refuse, green waste, and recyclables in carts we provide, within one week of your requesting services. You must place refuse, recyclable materials, and organics in the appropriate carts. Materials placed outside of carts will not be picked up unless previous arrangements have been made. When Carts are Allowed at Set -Out Site. Carts must only be placed at the set -out site for collection within the hours 5:00 p.m. on the day before scheduled collection and 8:00 p.m. on the day of collection or 2 hours after collection, whichever is later. We Will Not Collect Hazardous Waste. State law prohibits disposal of hazardous materials and electronic devices in your trash. These include most chemicals, paints, pesticides, motor oil, solvents, and electronic devices with a battery or plug. Common electronics banned from disposal include: batteries, computers, mobile phones, televisions, smoke detectors, calculators, and fluorescent lights. If these items are identified in your trash, your cart will be tagged and not serviced. Most electronic devices may be separately collected under this contract's bulky item program. For additional safe and legal disposal options, contact (888) CLEAN LA or CleanLA.com When We Will Collect. We will make collections once a week between the hours of 6:00 a.m. and 6:00 p.m. on the same day of the week (Monday through Friday) each week. If your scheduled collection day falls on or after a holiday, collection will be delayed during the holiday week by one day (Friday customers will have their collection on Saturday). The holidays we observe are Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's Day. Should there be a permanent change in your scheduled collection day, we will notify you in advance. If we miss your collection, please call us and we will return to pick it up, without charge, on the same day if you call before 12:00 p.m. or on the next collection day if you call after 12:00 p.m. How Much We Will Charge. We will charge all our customers the rates shown on the Rate Sheet for standard services and any additional requested services. Where We Will Pick Up. On your scheduled collection day, except if you have roll -out service, you must place your carts at the agreed set -out site with carts facing the street and18 inches apart from each other. Handles and wheels must be facing the curb. If we agreed to collect on private driveways or pavement, we will ask you to sign a waiver of damage liability and/or indemnification. How to Request Replacement for Stolen Carts. We will replace stolen carts within 7 days of customer's request. Carts will be replaced without additional charge provided the customer submits a police report. Otherwise, customer will be charged a fee. How to Receive Roll -Out Service. We can bring your carts out to the pickup point, at no additional charge, for residential customers who certify they are not able-bodied or are elderly (over the age of 62) and have no able-bodied person residing in their household. Roll -out service will be provided to these customers during their weekly collection of trash, recyclable materials, and organics, as well as during the annual curbside clean-up event, holiday tree pick- ups, and additional on -call pickups. These services are also available to any other customer upon request at the charge listed on the Rate Sheet. we will ask you to sign a waiver of damage liability and/or indemnification prior to providing this service. Please note that we will not enter your home. How to Change to Different Sized Carts. If you have space restrictions at your container storage or set -out site, you may request alternatives to 96-gallon carts, in the same aggregate capacity, free of charge once per year. Difficult to Service. At a charge listed on the Rate Sheet, this fee is assessed to difficult to service areas, such as cul- de-sacs or hills, where standard automated collection vehicles cannot safely drive. Weight Limitations of Carts. The weight limit for each automated cart is as follows: 96-gallon cart = 330 lbs., 64- gallon cart = 220 lbs., 32-gallon cart = 120 lbs. If carts are found to be over these weight limits, they will be tagged and not serviced. You will be responsible for damage to an overloaded cart. Annual Curbside Clean -Up Event. We will conduct a Clean -Up Event on Saturdays in March each year wherein we will collect 20 bulky items, excess solid waste, up to 2 passenger car or pickup truck tires, and certain electronic devices free of charge. We will collect construction and demolition debris only if they are in up to two bags, containers, or bundles each weighing 70 pounds or less. Notification containing details of the Annual Clean -Up Event will be sent to customers at least two weeks in advance. Santa Clarita Valley Exhibit 3D: Page 86 Scope of Work - Part 11 Holiday Tree Pickups. We will collect your holiday trees (such as Christmas trees and Hanukkah bushes) placed at the curb on your regularly scheduled collection day during the period of three weeks following December 25th. You must strip them of ornaments, garlands, tinsel, and stands. Flocked trees are not allowed. On -Call Pickups of Bulky Items. We will collect bulky items set out at the curb on your next regularly scheduled pickup day if you call us at least 24 hours in advance. Bulky items will be picked up at no additional charge up to 3 times per year with a maximum of 10 bulky items, 5 bags of excess trash, and 10 bags/bundles of excess green waste per pickup. Examples of bulky items include discarded furniture (such as chairs, sofas, mattresses, box springs, and rugs); appliances (such as refrigerators, range, washers, dryers, water heaters, dishwashers, plumbing, and other similar items) and construction and demolition debris in up to two 70-pound containers. Additional On -Call Pickups of Bulky Items. We will collect bulky items, more than three times per year, on your next regularly scheduled pickup day, at the charges listed on your Rate Sheet, if you call us at least 24 hours in advance. Note that you may have an extra move in/out bulky item collection at the start or end of your service at no charge. Additional Customer Options Regarding Recyclables. Customers may donate or sell any or all of their recyclables to persons other than this waste hauler. When You Must Pay. Residents are billed for services three months in advance. We send you your bill on or after the first day of your billing period, for example, on April 1 for the billing period of April, May, and June. Your bill is due no later than the last day of the first month, for example, on April 30. If we do not receive payment by the last day of the second month, for example, on May 31, your bill will become delinquent and an additional 10% fee will be added to the balance. We may terminate your service if you do not timely pay your service fees. There will be a charge of $25.00 for interruption of service and a $25.00 fee on returned checks. Customer Termination Rights and Right To Self -Haul. You may cancel your service at any time by giving us 21-day notice. You also have the right to self -haul your waste instead of subscribing to our service. Paperless Option. Do your part to reduce waste and enroll in the Smart-eClub to pay your bill online, receive text or email messages, place service requests. Please call us at (800) 325-9417 to join. To receive additional information regarding these terms and conditions or your service, please call us toll -free at (800) 325-9417 between 8:00 a.m. and 5:00 p.m. weekdays (except holidays) and 8:00 a.m. to 12:00 p.m. on Saturday's following a holiday. You may come to our office located at 1017 W Gladstone St, Azusa, CA or you may mail correspondence to our office address. If we do not satisfactorily resolve any complaint, you may call the County at (888) CLEAN LA (or 253-2652). Thank you for allowing Burrtec Waste Industries, Inc. to serve you! Santa Clarita Valley Exhibit 3D: Page 87 Scope of Work - Part 11 Santa Clarita Valley Exhibit 3D: Page 88 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.4 — UN -PERMITTED WASTE SCREENING AND REPORTING This item consists of 4 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 89 Scope of Work - Part 11 Item B.4 — UN -PERMITTED WASTE SCREENING AND REPORTING Santa Clarita Valley Exhibit 3D: Page 90 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.5 —ACKNOWLEDGMENT This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 31D: Page 91 Scope of Work - Part 11 13.5 — ACKNOWLEDGMENT Burrtec Waste ladustries, Inc. acknowledges that it has read and completely understands the program(s) related to the Safely Surrendered Baby Law as articulated in the bid documents and the CCU nty of Les Angeles webslte www.babysafela.m. Burrtec agrees to provide each amployee involv&d with the contract a copy of the "No Shame. No Blame. No Names." County program documentation, in both English and Spanish, as provided In the downloadable version on the County GF Los Ankles website. Burrtec and its contractors will post posters of copies of County of Los Angeles posters regarding) the Safely Surrendered Baby Law in every facility where their employees are present. and ti Burrtec acknowledges receipt of fact sheet relating to t rrendered Baby Lew and Information regarding Non -Employee Injury Repo fir is aturs Santa Clarita Valley Exhibit 3D: Page 92 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.6 — INSURANCE AND PERFORMANCE ASSURANCE This item consists of 36 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 93 Scope of Work - Part 11 B.6 — INSURANCE CIlentN: 437202 13URRTWASTE ACORN,;, CERTIFICATE OF LIABILITY INSURANCE GATE;II1201 Yvi n�r111�a10 THIS CERTIFICATE 14ISSUED AS A MATTER €7F INFORMATION ONLY AN CONFERS N-0 RIGHTS UPON rHe GERTIFiCATE HOLDER. THRSE C15R"FIGATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN[], EXTEND OR ALTFR TF{E COVERA13E AFFORDED t3Y THE PULIGIES BELOW. THI5 CERTIFICATE OF INSURANCZ DOES NOT CONSTITUTEA CONTRACT BEn%'EEN T'HE ISSUING IN$URER(51, AUTHORIrM _ REPRESENTATIVE OR PFJODUCEIt, AND THE CERTIFicAtE 1-101-13E1. INPQkTANT: Irlhm r-llnCmto holdwr Is an ADDITIONAL INSUREQ, Ih■ polky(leel raw11! hayip ADOMONAL INSURED provleNono or 6e errtlarsatLf IF 81JUROGATION 15 IWAIVED, euhprct trl the ltww. end condhiornr pf ON puncy, CFFIRIn paillr4i nlay r"Liira an aftdtiriemenL A &LmfmnmFkt on ibis esdlifkate does nail confer any elgilA in the Certlifiralm holder In Ileu uI eueh amdoneme a}. 'LwP vk Mar2b & iMcLann an Agency LLC mG �c Cy (h N., Mars„ it McLgnnan lnr.. Agency LLC 'T at _ conatrucllr»lcerc' mor�hmm3,com _ PO BOX IkELPIdL13I AFF41Iylo 4RVkKRrX - HAIG0 San Ologo, QA 92106 — II InIULEa ..sir j � 4j7 HEBLIlEa A-t i44142 Burrte€. YYaske proNp, 114t. � .-- � fi 37532 iaseaE ...... 9540 Cllerry A40nlJe Ixsuntarr:+«.,+-,..-r.Praru.r 4-t i76$6 Fonlana. CA 92335 TkG M TO CERTIFY THAT TH POLIGIE5 OF rN5URANCE LISTED BELOW HAVE 9_5r,�_SUELi IH- `JtiuH=n NALIEoARnVE FOR THE P'MCYPERIOD ININCAIM. wbT4y1T1-4iTAKViyu .ANY REr3UIREWNT, TERM ♦alt CONDfnON OF ANY GONTPv-T crl ar=lEn-'r'rL9e1Ft4T WITH REEdPECT TO WHICH TAS CE{ IFFMA7E W.Y 4iE 4Es.JEn 13R MAY F-EFITA^ THE INSURAM F AFFDRDFD dr THE PtLLGEG tIrS1:F.i--.to :IF,EIr, IS SUBJECT TO ALL THE TERMS, E=I ,IJ ONS ANb tGt+BaltloNS of SIGH 1`9LIGIES. LIMM SHOWN WAY kAVE OCCN R'E611[5€[9 9Y ,PAID L:LAIwS. iv TYMOFINIZUR n - POLICFWANN LWn9 '1"*=r A N earmuexcl,I mmlMLiA UTY r.LAWI-WOE I xI QCCO X1 80111D Ndlmco X MA �101a als MIIQ1mol MC8 _ I 00.: vEnEVe a pER913NAL, A AM LrL1UR'Y 3 BEHL A011REOKM LAIII-APFLIEB PErL PGucy ❑ JF�o bd LL>C F1 CIE; ONER5L. AC0RljGATL 9 F'ROL]LICT3-CO ACP AGG f $ D ALrrauoelLetuetlTl g SAP014167401 — 9101f241E 0t0j=j Z-M-r u'%- LPdIT x ]f rortsV'r1AEn.R6 +4Yyy�E"UrkY H* S QNLv I Au? IILE[I FAIM -; tIG94vrruURr fh�Paeor� i 5471}4vINJWkY {gar ■rx>drrr9. ti PR0.PERTV n kVZE EAEH CCCIIHPENCE ACISREGATE S s 52,0011) 000 A I LMDRELLA LAa y( DGMA �( EXCESS LLAB ci-AN�4AADt M{GRKERi GUMPENEAnDif Aw rww""'LLLAINIrT{r,r +fir �+rrjj FI �. R Ec�".ly�`EC1T kG�J7riC fm-flid"%NH} nnlllggGtiNn�rirCPE3AnCk9 13213DIU2 03MIJ7018 _ C13MV2019 5$ 00a10'04 �f� lrMcm14467001 3101R011: 0310121/19 X :rEl� riff. — w1,000,0100 E.LEAci4#Cpca%r E.L. EIIEEASE- EA EWPLOYEE ELCII@G49E-F[7L1GxLIYar r1 Q9B 0(i0 G PIDptrtian Legal LlmhOifty PRE13IM11100 1013112016 10131MI 56'"0.000 Pollution ttiltlon Incident I I I ' I $16,090.1300 Aggregate etSCRIP1 0A 1511CO IIATION"l LGLA HOWS. %rLMCLte,AConu im A,dt--1 n.rr— s--ir mry a. rllacnr_,I n..mrgpWp Mrpgwftll Re: The Eaclualve Franchise Agreement for the Area of East PasadenafEast San GabrialfEest ArcadIE;Royal [rake, Contract #00342& The C43untyr Gf Los Angeles, and its Cperlal districts, elected officials- offices, agonts, and employees are Inc ludmd as addiliional Insured with respects to General L iabinty, Aulo Liabully and Pollution Liability per attached endorsements. t'rr'alver of 5ubi-natlan appiles to Ganeral ListAlltyr, Autos Liability, Wurkcrs Componssation and P-aRutivn Liability per oltochad andorsemenl C"mragv is Primary and Non -Contributory per the attached andonsemonL C Lt11 f L y b+ s Jgh eIa15 SHal}L.O ANT CIF THE AIIDVE nESCRIE=D PC-LIC ES BE CANCELLEE- BEFORE THE 9XPIRATipN IOA" THER_.7F, NO-ICF WILL. BE nELIVEREO IN Dept of Public Works ACCpRPA14CE VOTH THE POLICY PRQVISIONS. 0111 S. Fremont Ave AITHOR E6REPRESEYTATrYE I Los Angolos. CA 91803 it I9E68-2015 ACORO CORPOR A10144 Al fig Kts resenwd. ACOR_a 25 (201 W03) 1 I}I 1 The ACORt} name and Iago are regislered marks or AGORD #S3417®9L4df333G9a7 WSJLV Santa Clarita Valley Exhibit 3D: Page 94 Scope of Work - Part 11 ACKNOWLEDGMENT A notary public or other ofioer completing this certificate verifies only the identity of the individual who signed the document to which this oartificate is attached, and not the truthfulness, accuracy. or Validity'af that document. State of Cal f wnia County ofCtU t before me. A4. Co fl+sf�, i�}�f�rc�. ��#���U (insert name and title Abe officer) personally appeared RAeA o— hArnrr who proved to me on the basis of satisfactory evidence to be the person whose nameW is)ae- subscribed to the within instrument and acknowledged to me that executed the same in hW/herlthoU authorized capacity(le , and that by bWhertt# & signatures} on the Instrument the person(a), or the entity upon behalf of which the psrson cted, executed the instrurnenl. I certify under PENALTY OF PERJURY under the laws of the State of Callfcmla that the foregolno paragraph is true and correct. WITNESS my hand and official seat. Signature Alt '— (Beall 1A LEIi e�rYrrr.on Ha 9'1�t16a4 � hK]TA�r1' ¢�l�C GOP.#lih � SN! �E4Q CCUHY"' aUnm�' Fla 5, Santa Clarita Valley Exhibit 3D: Page 95 Scope of Work - Part 11 ADDITIONAL REMARKS SCHEDULE FGSKY 4 C6 INMRC6 Marsh & McLennan Insurance Agency LLC Bu.•rtec Waste Group, Inq. rw 1" H+ C+SaE EfPECSrrdE lase REMARKS THIS AonrnonAL RE"KS F(3M IS A SCHEDULE TO ACORD FORK FORM NUMIMER, 25 FORM TrTLE; Cerllficals or Lleblllly Insurance Flamed Insured Schedule Surrtec Waste Group, Inc. Burrtec Waste Industries., I:z. Agua Msnsa MRF, LLC AVC0 Dispasal, Inc. Burr Girls, LLC Burr Group. LP Burr Group. Irpe Burr Properties, LLC Burr Properties, G. P. Bumene, LLC Burriec Envlronniantal, LkC B-.aniec RBcovery & Transfer, LLC B=,jrrlerr Waste & Recycling Services, LLC Burrlec Retirement Savvn9s Plan Burriec Waste Industries, Inc, fformerlyPSP Waste Services. Inc. Burrlec Waste Industries, Inc. DBA: Burbank Recycting Burnee Waste InduAries, Inc. DBA: Ague Mansa Recycling & Transror Ca_ B--rriec Waste Indusines, Inc, ODA: Burrtec Recy cling is Transfer Ca. 0L#rrleC Waste Indun5 ri105, Inc. DBA: Burrtec Recycling Cenler Burriuc Waste I nduatries, Inc. DBA Coac9iella Valley Commpnst f vMpc Waste Indusld", Inc. DBA Caactiella Valley Transfer Slalipn Gaachellailndlo Waale Transfer Starian ,mini Powers Aumutity Burrtec WaStt� Industries. Inc. DBA Doeeft Disposal Surrtec Waslo Industries, Ire. DBA; feast Valley Regding & Transfer 13urrte❑ Waste Industries, Inc. DBA; Inland Empire Recycling Burnec Waste IndusWes, Inc. DBAWarks Dispo" Burrtec waste Industries, Inc DSA: Tri-Ca Burrbsc Waste Industries, Inc DDA; Tri-Cmnty Disposal Buret a Waste Indur¢ries, Inc. DBA: Trico CftpposV Burr6tc waste Services. LLC Crestline aisposel Cwrans Rvbt�ish Disposed, Inc. E. Cole Swr, endivla,ialy E. Cole Bu{r. Trustad of line Burr Family Trual BDDp Disposal Edward G. Burr Sandra L. Burr Cole B,jrr Tracy A. Burr Burr ProperlIGS Emp,re pi-5posal, LLC Fontana Rubbish Collmors, Inc. ACORD 101 {2b0`V01j (V 2000 ACORII CORPORATION, Pill rights rmwYed. 'the ACORD Rama and logo are registered marks of ACORD Santa Clarita Valley Exhibit 3D: Page 96 Scope of Work - Part 11 A V ADDITIONAL REMARKS SCHEDULE 6.Page W of 2 AueNcl NAwhu NNUMEU Marsh & McLennan Insurance Agency LLC Burrtec Veaste Group, Inc. CARRIER-111;"- EFfeCTM@ al4Tl: THIS ADDIMMAL, REMARKS FORM 15 A SCHEIDULE TO ACORD FORM, FORM NUMRER; 25 F04M TITLE; Cediftatw of l-U i;y Insurance Namd Insured 5--fiedule Inland RkgFner9y, I I C ,sack's Oiwosal, Inc, DSA Yukon Qispcisal Jack's disposal, Inc. Kaiser Recycling CGorporadoo KGB Properties, LLC {irxmaily Burr Gir1r, LLC Lake; Arrowhead Disposal Lucerne Valley Dispcdal Mpn1E Vista Dispersal , Inc_ MounMn CI*p05a1 SeMM. I nG Randko Disposal servlca. I". Rialic, Services, Inc, Running Spfings Disposal TtiMECMainteman Ewerprise,Inc. Tracey A_ 13urr Tracey A. Burr Tri-Cou my Disposal, Inc. Tri-County Disposal, Inc, IDBA: Gary's Disposal Ucdorville DispaaFw. Inc. Wes8 Valley MRF, LLC Wesl Valley Recycling and Transfer, Inc, Yucaipa Disposal, Im. Dese.-Y Pfwerues, LLC Burr Fami'y TrusL Yukon Disposal ACORD 101 (210001)1j Q2D48 ACORD CORPORATIDN. All rights reserved. The ACORD name and Iog6 are reglstered marks 0 ACORD Santa Clarita Valley Exhibit 3D: Page 97 Scope of Work - Part 11 INSURED: D6nU'c 4Vas'e r,"P. ir1o. POLICYN: 4235e7374 POLICY PERIOD- oaliv iB . ENDORSEMENT LEX I N UTON INSURANCE COMPANY WAIVER OF SUBROGATION [BLANKET) It is agraarl ghat M, in the avent of a payment under this policy. vyuiMe our right of subrogation s9E3inst any person or organization vvherc ehc insured has waived riabil+ty of such person or organization as part of a w aWn avnvaotual agraOmpnt bUlMeen iha insurad and such person or organization entered into prior to the " o60k1rr n0e•• Or oftnev, Al oihcr terms and conditions, remain unchanged. Authorized Represenia#ive OR CaLinterslgnature [In statas wi'i+.°re apP1icaLI. LEX0CC234I7i,D31 LR6455 Santa Clarita Valley Exhibit 3D: Page 98 Scope of Work - Part 11 INSURED: suglac lovasiu GrDW.M'u. POLICY 9: EX23EQT371 POLICY PERl0DI'- a3N1r2019 TO PRIMARYMON CONMIRUTORY ENDORSEYMNT T s: endorsewl rrodifree naurance prw6W by dte I f thtch5kanding arty a htr prnuison of the pdiry ra tm corTtrary, tfre inswanoe afi dod by dis policy U I:ne bereft of hs Addltiom3l Insured sjW be pdm&y insurance, but only wnlh respeet b any d6m, ass Lability a iq',ng orA & the gamed rrisured's (pw6r y%, and arry irrsucartae fwi t4*W by the Additional Insured shall f;o nor wntribuUng, .ill other terra and condlUans cf Ilha polioy wain the same. Santa Clarita Valley Exhibit 3D: Page 99 Scope of Work - Part 11 INSURED: EumccWastc&cup.Inc. PC3LIGY#: 023627374 POLICY PERIOD: nintrzolla ENDORSEPAENT LEXINGTON INSURANCE COMPANY TO: GN0112019 TW15 ENDORSEM1=1rTCHANGES THE POLICY. PLEASE REND IT CAREFULLY - ADDITIONAL INSURED REQUIRED BYWRITTEN CONTRACT A. Section II - Who Is An Insured is amended to 4. The ins,;ance provided to such an include any person or organisation yaw .are re- additional insured des opt apply W "bodily gored to inchjde as an addiiianal insured Gii Injury" ur "propetty darnage" wising out of This policy by a written contract or ywitten an raichitect's, engineer's or g{rrveyor's agreement In affect during Thls policy period rendtrrlrlg of or failure to rander any pro. arid ewacuted prior To the 'occurrence" of the lessiunal services Including: "bodlly Injury" or "property damage," I Tie preparingi, approving or failing to a. The insurance prodded to dirt above descr•bed prepare or approv13 neaps, shop dfaww addfiFonal Insured under this 9ndar$6ment is ings, opi.-lions, reports, surveys, field limited as folluvs: orders, change orders, or dravAnSs and spOClfleations' and L CGVI FRAGE A BODILY INJURY AND PROPERTY OAVIAGI= ;Section I - Cmnnragesl only. 2 Thig pcarsov or organlzalion is only an ad- ditional insured Wth respacr :a habi:lty arising out ❑I "your mrk" or 'your pro- duct- icr ;hat adclitional ensurer!. 1 In the event that #ie Limits of Insuranca arovidea by this policy excegd the Limits of Insurance required by the wwirwn contra-cr or vwiren agroartiont, the insurrfnce pro- vided bV this endorwernant 0-all be limited to 1hri Limits of Insurance required by the vvritran contract or txlrtnn agreement. This endorsannant shall not increase the Lirnits of Insurance stated in Thi; Declarations under Itainy 3. Limits of Insurance pertaining to the coverage provided herein. iI Super Tory, inspection, archilactural or engineering activities. 5, This Insurance does not apply 10 "bodily injury" or "propaity damage" arising out of your wrrrk" oT "your product" includEd n 1hw "products-aOrnplemd apararons hazard" unless you are required to P oviba Such coverage by w ittan Contact or %witten agreaament and Chen only for the period of dine required by the written cantrrict or tihrit7en agraurnent tend in ne event beyond the extrirati€in date of +tie policy. Includes Ca yr lg ht94 infprmetian or the Ifieursace Serwlc@4 pffir as. Inc. L1€ 4" 410Wi with its perm@scion.. All r+ghkS FRServad- Pape 1 of Santa Clarita Valley Exhibit 3D: Page 100 Scope of Work - Part 11 a Any czaverage provided by thig endarse- mom to an additional insured shrill be excess over any other valid and corlecable insurance avaiaple to the additional insured Wiether primary, exress., contingent ar on ar°y other basis unless a written contract r)r °rr mn agmitment specifically requires that ftia insurance apply art a p►Imary or non-contributory besis. Subparagraph 11i(a) rtf the Pollution exclusion paragraph 2_f„ Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY ?Saadan I - Goveragcsl does not app]y to you if the 'bodily injury" or "properly damage" arises out of "your vvork' or "your product" perrorrned on premises which are ovtirieb or renta(i i)y [hp additianal insured at the dme "your ,Work° er -your prQdLJClr is per- lrarmsd. 4 X9466 t1U031 br In :accordance with this tetras and conditions of the policy and as mama fully explained in tltc pUIICyr a5 aaon as pracmcabler each additional insured must give us prcrnpt notce of any "occurrence' which may result it a claim, faaverard all legal papers to us, cooperate in the deferse of anV actions, and uUmiwise damply vdth all of the pol cy's terms and conditions, Authorized Represojitativo OR Countersignature lift state$ where a.pplicablc? Includes copprighwd ialoruotdon of the Insurance 5ervlce8 'Offices,. Ina_ with its popmissign_ All righra reeerved. PriDa 2 of 2 Santa Clarita Valley Exhibit 3D: Page 101 Scope of Work - Part 11 INSURED. au-cx t waste Group, me, POLICY#: 0=B77574 POLICY PERIOD, MMiMIS TO: owulmig E14DORSEMENT LEX I NGTON INSURANCE COMPANY Ai GftEGAT� 'LIMITS OF INSURANCE - PER LOCATION AMENDMENT AND OVERALL GENERAL AGGREGATE LIWT This endorsement modifies insurance provided under the policy; Subject to the Overall General Aggregate Lirrrit stated En Item S of the Qeclaradotm, khe Gataeral Aggregate Llmit under LIMITS OF INSURANCE (Section Ills applies separately to each of your "locations". It is further understood and agreed that the Ilollowin!� changas are made to the policy_ 01 .Itern 3, Limits of Insuranca in the Declarations is amended by the addition thereto of the fallowing Limit: Overall General Ptgregate Limit- $5,000.000 12I SEC71ON III -LIMITS OF INSURANCE is amended by the addiWn thereto of the lollouaeny paragraph under paragraph G. 7. The Overall General Aggregate Limit is the most vre will @ey under CnveragBs A and B for the sum of all Limits of Insurance as provided In this SECTION III regardless of the number of your "locations", except for darneges aecawru of "bodily injury' acid "property damage" included in the `products -Completed operations hazard". For the purpose of this endorsement, 'locations" means prernisas involving the same kyL or connecting lots Dr premises whose connection is intarrupted only by a street, roadway, wbtarway o, right of-vmy of a railroad. All otfaer terms and conditions remain. unchanged. Autharlted Representative OR Countersignature (in states where applicable! L} OE M rid, 421041 Santa Clarita Valley Exhibit 3D: Page 102 Scope of Work - Part 11 INSURED: Swilee Waste Group, mr- POLICY#_ MR0141S74131 POL ICY PER 100: i13x1i2131B TC). MUM@ Covenge Extension Endorwinent Liability Omy ZURICH Tl11bS ENDORSEh1ENT CHANGE S THE POLICY. PLEASE RM IT CAREFULLY. Tru3 cndot&"enl. modules Insurance provepecl under 1he.. sulin m AU19 Coverage Form Wolof Carrier Coxeragn Fonn A. Amenped 1W1t9 Is An Insured I- The foil vvngIsaddedlblhaMoIsAnInjllmdPyiauiswinsection 11-Covered Auto&LiabilrLyCovrragc The fo lio,&tn g are a150 'insvedi'.. a_ Any'pmpRayee ofyounis an'kbtredwive usirvacoverea-au ym donl own, rune or boniowior stlS prrrorm#d arllhin the i CCI pt of employment tri you. Any ' empl oy em' of yours is a154 bn 'rrrsure-d' while op efsbr-y irk `bubo' rimed 4r renle G Und er a ca nlracl or agreement in. IhL1 'employea1m n bMe. w11h your p••erml$Y.NQrk..%A41e perfgrming pulle$ rerbted to the conduct or youi br3rrltSS. b. ratyo+1evioWrdeelingse ices to youL6an-1nbuied'wNIEasingrcovered'aulu'vaudonx awn,hue Or barrow go lransparl your;Iren% or o'her p2r9on5 1n actrrllies necassary Ifs your bi;MMtb5. c. An arrt else who (urnlshes in'aulo" referenced rn F%mgraphs M and A.Uh In INN endorseanratill- d.'f.'h±reand totheexlentPVMMedVyla.a_ any persor;S)orDPVruLs4bX3l*WtfecgrAredtayWratlencoriraff cr r„IRIs3j age-eMMwithYOU eXeCUledPrivrlaany 'accidert', Indudftthas4persorgsj or ciganlz�jhon[s) o1r e[lwigyour,n* aWmusM to such.varitun ennead orwrit! enag*eemEd with you. p(ltvidad the 'amdeni` apses ow of aperalians governed by suchco"raet a ag.reemmil and only up IQ the limits required In lase ,,% Alton contract or? A ltltn sfyNrnent. a rlhe Limits of Insurance s hown in the 1Jdclaral*-M whichever 15 I ess 2. The lollRr.udngiaaadedtotha131herinxuronceCandilrorllnthe6usinEss Auto CagaffigaForm find ifteOther Insurance- Primary and Ezuess Insurance Rrovlllona COaldhtian in the r,roloI Catrlat Goarrbge Form GOV&figclorany persont5IOFOrgelrl� j*!`t[#j.a'arlefafeglrYedby*rMenrgotrartprWrrllNrlNgreamanlWith you execuledpriorb}any'iccielil'vA11aµpyonapnnaxyandnorrtontribdctybasisandbnyinsurerrcemaintained brIlhasdeldianal'imWed'wilapplygnantsateeysbasis.Howevl7_irinaovardwr111this Caretagee and beyond 1Me terms anti cohdllions dilhe Coverage Form. B. AMerrdrnenl- SapPlernanIMV PdYMtnta Paregrapese.(21and a.(4) of rheCoverage Ertenatoni Prailssioniri Ucti0n p-Covered Autos Liability Ccuefageare(eplaccedbTthefalkl r" 121 upt,)$5.CMformtcost Olgtig.11On%c indurhng wrk&r. br r4laled Iralfic [aw vi4L3MMS)required because Ofan 'accl d ea -ere csry er. '.Vt do n M ha4Y to furmsrr Lh ese bonds 14) BJlreasonaditexpemesjnCUcreubylhe`insured arturrequeA.11telmdrngaclualloss ofearFinoupl4 a dpy brzsastOrllrrre 4i1VOmwork C. I=eQow F-mpinyee Covbra(It The Fellow Empioyee 5clusion ccrlalnedin 54!clion II- Covered Arms LiabitilyCove"Us Ciceirndaglply- T. orhmr Woty Program Liability Coverage The folRovmng 15 added Ia 1he Rawig Exclgslon in Section 11- Covered Aut01t L lability Coverage: UZA 42il-A C NgI)2- t9 pip srr3 1rKW" ffizw+b ar knumme $Vtom OPME Inc. r'Fh err ?r I11610r. Santa Clarita Valley Exhibit 3D: Page 103 Scope of Work - Part 11 T his exclusion d oasnot appig to covered -aulor p "cipating rn a a riei er safely prpgre in ev ent such as, b6l riot limitedlo, auto orlrutkiadtos and otherauto ortrUCk agility demonslralians. E, Amended Etudes in The Event Of Acckdant, Claim, Suit OF Loss Paiagirapha, oT[he Duties inThe EPent Of AccWent,Clalm, Suit t7rLpea Condilirmis replacedbythefakwiny a, Initteayeditol"accideW.ClMM. Suir01'Ii5s',youmUiigo+eU5OFOurau"hureedreprrsentalivepromptllcQce ofdli'acciderrt'. cla ,'suit ar'laas', however.1hese d4dJesorgy i)pply when lhe'accident, clank, `suirar 'liiss'iskrlannto you (ii'Vouarean ieiauir#;Kati-apariner(dyou art alrartner5hipt, a member (if youares iimittd liabilitycompany)of an executiveortKerorin3troncemarager{frypµare a eorporatianj. Thafailure olany agent. servariaremployeeofifia'irk%mrlanutlifyusofeny-mWeliint.daim,'suirw-to% r sludnotinvaWdLL iht PnSurance afrorded 4y thi5 polio'. IrIpU{le,�� Saari a5 pra�icatroe. ii) Ho .nhenandwherelht'apodar or iosx'aeourredrrtdrfeeJaumismrdrof'auiC'ksbraugEu,VMIhM nppce�ltie clakri or`surl`irlckidr� Ixdnollimt#dio-ihe+yatearitldetlrlsGf SUChdalmor`sut ; (g) The-insu*adrs`na me and addressitmid (3) TalheExlentpo6sla.Lhtr4mmejand AcldressngfanyiNuredparsons and wilnesses. II yea, report an'aca dent , claim, 'suit' or 'I m' to another iraurtr When you ah orid have repckdedto us, your ftulude to report io ur. YA ll nor be 5 men as a v3011110ri of tries* 6mende4 tlulies proardedyw grre us n otice as soon a5prachcmbkafter (he faclofMtdelay be OAIeskrm*ntCyou. F. WfaiYar or Transfer Of Rights Of PeooVery Against Other& To lla The fitllovang is added 101he 7ransler Of kkghis Of RecoveryAgairra[ Others To Ua COndi"11'. Tnl3 GondWoogs r.N apply to lhe exltrrirefiuira3aFyou try m Nifill en eoltract, exec6- dprior to any `aeeadent` of `loss`. proyldeWrJLa(1ht"aceldeWor-loss`a-isesout oFap&Aiomco AempLdedbySMHCflrtriCil. TDitsvi'air4ronly applies to the pefion or orgsni:alion designated in the Contract G. tininmilional Fallure to 10mclo!Ne Wusirds Tha (Oil o;ving i5 added to the COnceal�mentr htisrepresentation Or Ftaud Carioilion: Hi3wever-tyre iriR nal deny Coverage until er th is Govern g e Form if you un-intarltionally- (11 Fad to di&eloS! any hmar 'ds exlsling ai the incepiion date arthi3 COridageFew or (2) Oak aanerror.amissiaim, impaoperdescilptionof'atilns'orothiltitilmflatFmenlofmfurmshan. YOU micslnollfy US SS 3oonaS PoWble after Ilse discovery ar any' hazards or any Other rnformmhan Thal vias not providea to us prior 10Me 3rceplfnce of this policy H. Hired Auto Wilarfd Wide Coverage Paragraph Ta.(f] pl tht PoOcy Perio4, Coverage Territory Condltion is replaced by Ihm following! [ a) 4AyM1 ere inthe workf ifa covered'iiulir' is Jeased 11111MO, Fenled a botrowed for a period of 60 days or l ess. I. 6,zd1ly InJUry Ae!defirMtd Tht Mon oil 'gadily iNury' in the Definhions SRcOon is replaced by the following- 'E*d it y inJury'means bo My injury. sidles s ordisease, sustained by a parsrtn iriCiudlnl} death OF mental anguish, resuliingf.romanyurthesaalmnylime 1Aentalanguishmeansanyrypeolmenial oremotionoli,.Itn4.9sordisease. J. Expecled Or Intended Injury TneExpected OrtntendediInjury ExelrsionmPilagraph6, Eicluslonsunder Seattano—CoVeted 11utOListillity Coverage is rtpiaodd by the fDit.af Expected Otlnteilded In1Ury U—C A -a 2#-A L'11k {02 -+ eal;* 2a1 ..lodes cop pl;' eo mywA or inswuiet S&W-ms Cams- iiae . w1l6 et ienx issm" Santa Clarita Valley Exhibit 3D: Page 104 Scope of Work - Part 11 '8odifyi".'Or'prrorrlydamageexpectedori+fend drvDmlheslandP QIbhe'ifW8T. YNSMIU3iandOM not npplIo'boddyiqury"ar'Praperlyaama4e'resultir'rprramkheuse ofreaspn WeI-orcetoproiecipirtsomor properly. =1+ uIhtr terms condiiians, provisions and exclusions of INS polity remain the Same 41z-""3-ISCI+J p09i 3 rtldn eagynryM mnbwctl ai ImLnr a 3&v*" OW"_ kx_ wrh sa prmdswrr. Santa Clarita Valley Exhibit 3D: Page 105 Scope of Work - Part 11 INSURED: 6urrtec wasie Group, Inc, POLIO" #. WoDu1573151 POLICY PERiM 03,Tinoia TO: r3 �irtJ1� WORKERS' COMPENSATl0t9 AND EMPLOYERS" LIABILITY INSURANCE POLICY VC C'4 C3 &3 rEd. 4-f4l WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA Tt- s e-Ido!swnrer# changes the polcy la which it is atlacNd effective Qr .-je ricepbon date of the pcficy un.ess a hlr`erent date is r ld: catev belcwr {The folleWnp -alrnchYrg clause-nt 4.ac Gwn*led (-Y)e when this emkvs ea is Issued suhsrq uro. ro preperellon of Ire pesky 5 Premium [if ar-to $ AuL§ur d Rgreser"4wp We have the right to rermver cur payyrner4s rrom anyone "wawa f0f an InJray cavered W OF s pobw. We wll nc, enforce- our ngM a rlst the persan ar wgarizahon named in the SchedUe. (This agreernrint appims only to the extent unlit ycfiu perform- work under a wrale~I WrAfact that requires ypu tQ able In this agreement Imrn Lc.) Yost mLst maintain payroll reoord9 amurarely segregating the remunerauarr or year errl.-Io.oeeg vAiile engaged in t•le work described in the Schedule. Tne addilbonal fvemuim `or IlilserKlorsemert shall be % at to Callfamia workers' carnpensatlon pre - maim otherwrse due an sLch remnera°horr Schodule Person et Organlzatlon ALL PERSONS OR ORGANIZATIONS WHEN REQUIRED BY WRITTEN CONTRACT wC 252 :4-04r Yv-- N Sr] Ye f Ed. * &L i ,lob a&5crl{rtl0n Page Santa Clarita Valley Exhibit 3D: Page 106 Scope of Work - Part 11 INSURED: Br. dt:r Wpw.tr Guipp, Inc. POLICY #: PRE-I3N91100 POLICY PERIOD: 1M11W$G TO; 1U13112016 ++ ' PRE 32 04 {Ed. 0513I ENDORSEMENT 9 11 This enclorsemenl, 0fec.tioe 12:01 o.ra., 10;311`2016. finirry a part of Policy No. PRE 13"911 Ii0 issued to BURRTEC VWA5TE GROUPING. By Cereal American E & S Isssurance Company THIS EP#DORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFfiLLY. DEHNITION OF INSURED AMENDATORY ENDORSEMENT — "ADDITIONA,L I'NSURED" STATICS FOR UNRELATED ENTITIES WHEN REQUIRED BY WRIT i EN CONTRACT Thi; endorrenwr mMine s irkswance pfavrded -irider the fakwiig_ PREMISES ENVIRtSNMENTAL LIAV TY INSLFRAHCE PWCY The IN$VRED and We 'Company agree ra'he lonowng Panty thangels1° Sect,on II. 0EFINITIOtJS, Item T_ I► StJRED, is amerwed Lrj the arldrbon of the iolk)wmg: 'Tihen 1"00d uy, carman WriVarl, INSURED Wo irlidUdes any enary unrieWea ra Ine FIRST mAmEO IN$uRE0 o+ any ap{jtTIONAL NAkAED WSi1REC, L�ul solely for its lisb+ky prising nui of -he FIR$ r rI-WED IN5UREfYs or any ADDITIONAL NAIIAED IN'SLJRED& cwnenship. maintenance, uie, or aperaGan of a C40,1-#iE D LOCATION Gird anti if Ilwth cowhu was iignod by the INSURED pnur is Lhs dale me apfLcalft POLLUTION CONOTFQN hral caffimenW. CaxerB;e aholi wdy " 6NMed for such em¢p If 41 is named In a le-wsuil petWn ry regulptpry I<stonas Is C4-inierendeni wah the FIR$r PtAUr;0 IN SU RE D or any ADDITIONAL NAM ED INSURED alkpng that it cal haNa ea a resu8 of the FIR$T NZ&ED INSURE Us or any ' DDITII]NdL NAMED INSURMs uw erMliD, malnumance, -use, or 450106615 *16 COVERED LOCATION, No teem(je +deal be MYOdlf LOW this POKEY for 8119 !wish cdeWiep argani:atiam or eninty`s or n negigence cw Oftt liability, Cowervge tv onh tatty under this POliey gh-Pll not eAteed 1h a Fesser of the io1 Wm, ng zinxmnui: a r the Umrt Df Liabfrty required under si cA wr9tren cDntrecl; or h] the applicaNe Chisel of Liar iluy-of this Polly. All WAtr terms and wdr,ian,5 ear wn the some F 24 Santa Clarita Valley Exhibit 3D: Page 107 Scope of Work - Part 11 INSURED. Sualec Watte Gruup. Inc. POLICY#: PRE 1Mil 100 POLICY PERIOD: 1&3lMlG TO: 1rfi311201$ �.1►F.At��p�f;lllt �r nre�raw.rr>trxr aced F-RDORSEMENT 412 PRE 30 04 (E& 45 13) This endorsement, effective 12.41 a.m., itl131i2016, fofras a Daft of Policy No. PRE 132191100 issslerd to BURR TEC WASTE GR01JP. INC. By Great American E & S Insurance Company THIS ENDORSEMENT C14ANIGCS THE POLICY- PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement mooyfvs insuwce pr0v4ed under 'rre rd kry nq, PREM!5E5 ;-:NVIRQN-MEryT Ai LIABtUTY INSURANCE POLICY The tNSURED and the C-Onipan� agree io the foligmng Pol cy mange{s): Each of the Tollo 9 ervtites i9 an A DDITnNAL 1NSCJRED-- Urw" Bank of CaIrfgrpia, N k P 0. Box 30115 LOS ArWles, CA 90Q30-01 15 Troe County or Flrversitle, it Agencies. DIStRCt5- Special Drslrtets arXI Depaflmenl5, their respecd-ee dimclm6 411ricem- Board of %penw,sors. employees. ele-am or apormed officials, agerls or represer0t%le5 143t8 Fredenck $treet Moreno Val!ey. CA 92353 Tne CounC/ of Los Angeles. its Specal Districts. 6 elected odfvals. ofircers, agents. ern es and volunteers Depa .rent or Pula,ic works Alhankwa. CA 91803 The Cmj of Ramho Mirage, ils electives arsri aq xxntive boa rds, eommissior:s, officials, of -cefs. emplo fees. agents and vol-ursteer5 E9-4325 1-11g uray 111 Rancho Miage. CA 922713-2895 Tile C4un;yrDGslircts of San Bemardroo ark? I;ss 01--ors, emplafees, agents an4j Ydunt s 222 W. Hosp tality Lane. Seo nd F+oar San Rem@rdene CA52415 roar Mall Liralted parlivisho, LLC, rGCP Llmrted Panrlership. General Growth Fropel7ies, Inc - CM Kesler EnrlronmEotat Services, Inc 1177 High Ridge Drr„e Stamforo. CT 06905 UC Regents •,In v2rsttV aCaidoln%a Riverside Santa Clarita Valley Exhibit 3D: Page 108 Scope of Work - Part 11 �wlPal� rKYr+t C146tlM Arum. Parjsi cat Plant 3 C[$ Watins, CfiVe R.Wfspd2_ CA 9DO30.011S PRE 30 04 f Ed. 05 13) The Cey of Riverside and its oMurs, aTfic afs, eiecled anq appDi R1A,p Uwc15, cmrriisSWns. employees. agenls and 'yMunteem :Risk Management 3900 Main Sireet Riversae, Ca 92532 Deparvnerw of ''Vatef ReSOL;rCeS, Stale df C a3 rOrNa, its Cfffi C42-5. agenl5, L-mla bees. and se rmfils 1416 gift Wreet Sacfamenio, CA 95814 Al other terms and caridi�Dns remain ll €e san e. Santa Clarita Valley Exhibit 3D: Page 109 Scope of Work - Part 11 INSURE0: Burrhr-W as Group, Inc. POLICY 9- PR E 1 39N 1100 POLICY PERIOD; 1 W112015 G IR1'd5'I,lj-�,tf'AtJ'��' `whwo r►sot rTh✓�Oh�4 P�iJ� EHOORSEMENT1I11 PRE 39 25 (Ed- 05 13� This erlLlorSernealt. effective 12:01 a.m,, 10131f2016, forms a pan of Patty No- PRE 13gag 11 00 issued to 19uRRTEC WASTE GROUP, INC- By Greal American E d S Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLI-ASE RF-AID IT CAREFULLY, PIRWARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT This enWrsenient motl.fies insurance p(ow4ea ole ei me lollpm,riq PREMISES CNV1f QNMENTAL LIABILITY INSURMCE POLICY The INS'';Rl;p an thrf Company agr€e to Ine (allVaing Pot Cy Changer's): Sectiian LX CONDITION$. Item M OTHER INSI)RANCE. i Oeleled in its enlhrel'y arhq re0acedw[h k110 hdlcwng.' M. OTHER IA1$LIl"tANCE - SLMlect to SeCW V1 - U mil of Llalgi Iity ana Se -Instire0 Relerrlron, un rnWfaflCR r5 prtmar� and nofl-contn Mop,,. However, w" Outer atiSUMnoe RVy bq avajlable 101he INSURED 10• LOSS CLEriN•UP COSTS. LEGAL EXPENSE, 8US1NES5 INtCRRUPTION OR CANTING ENT BUSINESS INTERRUPTION LOSS, EXTRA EXPENSE, of puler cDwne aftfaea tarn & thlg POrICY Me IrxtSuplE0 shalt, Ian rei lir♦;C 01 1he CvmpanY, pr04' 0e Gib CoWinv w, 01 Copies GE all such Policies - Al aher terms irrd conditions mmain the same. Santa Clarita Valley Exhibit 3D: Page 110 Scope of Work - Part 11 INSURED' HUrneeuveaaerrauP,Inc. PO LICy #: PRE13901100 (; Kr1tr}L4iFRd�ik ENDORSEMENT 9 10 POLICY PERIOD: 1t 1rX119 TO: 1UI3tl2["- PRE 339 92 (Er!_ 0513) Tnls enporwrnent, etfecllve 12.01 a.rn„ 10,11.12016, toms a part of Policy No. PRE 139"11 00 Issued to BURRTEC WASTE CROUP, iNC. $y Greet American E & S Insuranu Company THIS ENDORSEMENT CHANGES THE POLIVY. PLEASE READ IT CAREFUll LY- WAIVER OF SUBROGATION — BLANKET WHEN REQUIRED BY CONTRACT Trim eromemert tnodi ies In urance pmv ded u"e r 1rp_ roitavo rig: PREMISES ENVIROJVMENTAL LIAEFLITY INSURANCE POUCY The !NSURED and trw Canipan'y agree to, tree fDI%Dmrg Poky 0*nge1S1. Section IX- CCNDTIOIS. I:em P $V8R0GAr1QN, Is deletes in its rntlreri anJ repilaeed with the fol7-wlnq. P. SI)SROGATION — If The INSURED has r ois to recover, hurry annlher person as organi al . all or any pan of a par; merit Man Conany makes unilerOls Polly: j, Uxw rig his are transferred in the Company True ImSuREb Shall exelcum mill deliver ImIrurnem and papas and dawhataver elsf is necessary to mcure such rohts. Tim INSURW 9halltip 001hing io prepoice suer, this. Any monies recarered as a resutl of Subrngmlrpl pm aee•dtn115 51)211 3ccr`re first Io -khe JNSURE D Io the extent of any. payments .c made In excess of Uw Lloyds of Uabrkty, then to the Company to the extent of its payrnem under the Put fy, and th*n to the JNSUREC to the extent ol r1S payrivint of U1e Insured Rtlenban. Erpenms in rurrea in such subrogation IMoicE4B vNs Shall Oe app0rtlone0 angst the INSURED nil Con-pany In trle orcponm uial cacti Interested pare^ snare in the recovery bears to thrx IcAw. recovery. Noa.wmslanibmg lria foregoing. the Gom pane 5pe0cdlly wMwes ery� rm;h1s 0f rewver)' against arry pers an ar orgwi.-attar. as requireci in a wrillen cmiracT trial was ful y Execi. @k by arc INSURED prior .o the earner of" data an INSURED first receives notice otthe CLAIM or the dale am INSURED first dtscwers trie P CLLUTI C N CON DITJON. All alr er>leras and cc ftws remam the same Santa Clarita Valley Exhibit 3D: Page 111 Scope of Work - Part 11 INSURED: BurrtecWaVeGroup. Inc, PGLICY t#: 100 {FHIn�L+t ^AFCAPV 4 r. IMMrWWAL ENDORSEMENT iv 1 (POLICY PERIOD: 1C 3112016 I PRE XU e9 IEd, fro 13) This endarserrlenr, erfmive 1 mi a.m., 1M1Q016. farms a pan Of Polity No. PRE 13!M911 Ota issued to 6URRTEC WASTE GROUP,1111C. By Great,4,rmfir-arn E & S Insurance Company THIS END 0RSf-!M NT iCHANCaES THE POLICY, PLEASE REAL] IT r-AREFULLY, ADDITIONAL NAMED INSURED ENDORSEMENT This ei Wrsemern ryes insurance provided under the rollpvdlka_ PREMISES ENVIR01% tr:NTAI- LIABILITY 1NSUR44NCE ROUCY The INSURED and she Cornpan� agfee t€rthe four ung Policy Charoe(s). Each oT the foltiumn(; entioes is art .ADDITIONAL NAMED tN URED: fyua I`AanSa CARP. LLC �kgua LUnsa RecychrL9 & Transfer Co AVC0 DAPOSW. Inc. Surf G;ftg. LLC Burr Group LP Burr PropKm, G.P. Buntec Envifo ntenlal, LLC Surrtec Recovery a Transfer. L:C Burnec Waste stGusVies, Inc. Surrtec'Waste A Recycling Services. LLC Burrle arse SenAces, LLC Cw chella Valley Compost (a dda ❑l 2 urrlec waste Inousi ies, Inc. ) Coachella Valley T=sfsr Smtk)R is Oba Of Buntec Waste InOustnes. Inc.) CoacheElarind o Wasle Transfer Siati0 Jainl Powers AuTont�/ Cu•rans Rulrbrsri Disposal, Inc. En)ara Disposal. LLC Font" Rubbish CollectQF5, Inc. atk 5 0sposal SerYice. lit c. etia,sorFteC4in Car'p0mion ra11} x V4sta DiWosal, Inc_ MoulKain Disj]ml Services. Inc. Rancho Diso=l Service. Inc. TrFCoumy aispvsale Ipc VICOI) Illy Dlspmk Irtc. 'Nest 1'alrey MPF. LLC Yvest 1'alrey RE-cyc ling and Trar►srar, Inc. Yucaipa Disposal, Inc. Yukon Disposal 9n/er Yeisr I Rwrim Waste Gru rrro, inc, 000523AM Santa Clarita Valley Exhibit 3D: Page 112 Scope of Work - Part 11 w�r�awAw k u PRE 30 03 (Ed_ 05 Q) A] oUwr tom and condilms ri�r 1h2 same, Santa Clarita Valley Exhibit 3D: Page 113 Scope of Work - Part 11 I NSuRED: 3urrtac Wasis Group, Inc. POLICY* HAP014157401 POLICY PERIOD: 0MIQ01a Notification to Others of Cancellation or Nonrenewal TO". =V2019 ZUR[CH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement mortifies insurance provided under lhe: Commercial Autornobife Coverage Part A, If we Cancel or non -renew this Coverage Part by written notice to the flr&t Named Insured for any reason other than nonpayment of premium, we will email or deliver a copy of such written notice of cancellation or nun -renewal: 1. To the name and address corresponding to each peri;on or organization shown in (he Schedule below, and 2_ At least 10 days prior to the effective date of [,he cancellation or non-renswai. as advised in our notice to the rirst blamed Insured, or the longer nurrlt w of days notice Ili ndtceled Ire the Schedule below. B. If we canoe! this Coverage Part by written notice la the first Ni3med Insured for nonpayment of premlurn, we will meta or deliver a copy of wch written notice of cancellalion to the name and address corresponding to each persori ❑r organization shemm in the Schedule below at Wagt 10 days prior to the effmlive date of such cancel lalion. C, It notion; as described iri Peragrephs A. or B. of this eendorsament is mailed, proof of mailing will be sufficient pioof of such notice. --- SCHEDULE J Name and Address of Other Person(o f fl aniEatlon s , Number of Days Nonce, Cour ty of Los Angeles Department of Public Works 9U0 S. Freemont Avenue Las An elos CA 91803-000 30 U-M;414-A CW 105,110) Pie 1 el includes copyrighted material of ]nsuraric* SONICOS Of". Inc., vAh Its pein4. Santa Clarita Valley Exhibit 3D: Page 114 Scope of Work - Part 11 All other terns and renditions of this pdicy rarriaIn unchanged. U-CA-010-A CW (Oael0) Page 2 of 1 lrxlUdn caRyri9htcd material of Insuranm StvMCU8 Office. Inc.„ vAh its pmmission. Santa Clarita Valley Exhibit 3D: Page 115 Scope of Work - Part 11 INSURED- Buweew8s6eGroup,rne. POLICY#: 023627374 POLICY PERIOD: m1018 TO: 03Mir�015 Bv.LEMNGTON INSURANCE COMPANY ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided by the policy: SCHEDULE Name of Certificate Hvlder�s) and Address; 1. County of Los Angeles Department of Public Works 900 S. Freemont Avenue Las Angeles, CA 91 B03-00 If the Insurer cancels this policy far any reason other than canDellatio.n for non-payment of premium, notice of cancellation shall be given in accordance with the terms and conditions of the policy to the Certificate Holder{sl shovn in the above Schedule. Other than the right to receive nodce of cancellation a5 5et fvrth herein, this ardnrsement confers no rights under this policy to the Certificata Holder(s) includiWr but not limited to, additional insured atatus or additional Named Insured statics, As used 4erein. Insurer means the insurance company shown in the hoarder an the Declarations Page 91 tieis. p« licy. All other terms and conditions of tha policy remainn the, sauna. LXRM I WIM Pegs i of i =�p Authorized Raprssentative Santa Clarita Valley Exhibit 3D: Page 116 Scope of Work - Part 11 ATA.i�+�jCAjPr 47rwa�nlh0onm� 147 GJ4[�£4'�`1 W1 E. 4^S7mt IXs1.1"11a Sup Ci+c9n�+1.c7h 4120 TAi i-513-W-50 G EIS OORSE M ENT # 22 PRE 39 36 (Ed. OE 13) This endorsernent, effective 12.01 a.m., 419P2018, forms a part of Policy No. PRE 1398911 Lea is&uad to SURRTEC VVASTE GROUP. INC. By GREAT AMERICAN E & S INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RFrA❑ IT CAREFULLY. CANCELLATIOIN AMENDATORY ENDORSEMENT — NOTICE TO LISTED ENTITY Tiris endmement modifies insurance provided under the following: PREMISES ENVIRONMENTAL LIABILITY INSURANCE POLICY The INSURED and the Company agree to the foll€ wing Policy change(s), Section IX, CONDITIONS, Item D. CANCELLATION, is deleted in its entirety and replaced with the fo owing: CANCELLATION - This Policy may be Cant]elled by the FIRST NAMED INSURED by surrarder ffiarl�uf to the Company or any of its authorized agents or by trailing, delivering, ernalling, or faxing to itto Com,oany anrittan notice statng when thereafter tha cancellation shall be effective In the event of cancellation by the FIRST NAMED INSURED, the return Premium shall be computed m accordance w th the Customary u11011 rate cable and procedure, after applying 111e minimum earned premium perce9tage statod in Ow VocfaraWns. If a C.LNM Is niade, a POLLUTION CONDITION is discoyered, or coverage I$ otherwise effordod under thl$ Polfey, them ft premium !;hall bd considered fully earned toy thin Company and the INSURED is not entitled to a raturn premium upon cancellation. This Policy may be cancelled by the Company by mail,ng, delivenrig. orris 11ing, or foxing wriuen; notice to the FIRST NAM ED I NSU RED at itie ad dress shorn irr the Declara" ons which states when, not less titan ninety () days Merl (JD) days For Flan -payment of premium) thereafter sLich cancellation shall be effective_ The mailing, delivering, emailing, or faxing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the efieetNe +late and ftiour or cancellation stated in the natlGe shall become the and al the POLICY PERIOD. If the Company cancels, earned premium shall be computed pro rela. Premium adjustment may be made either at the time cancel,eticn Is affected ar as soon as practicable af9er cancellation haC4me5 effective, but payment or tender of unaarrad premium is not a coridit;on of cancetfatlon. This Policy may ba cancallcd by the Company for thin fallowing reasons: (1) non-payment of premiurn: or (2) fraud or material misrepresentation on the pail of an INSURED, such as can be pruwen in a Court of Law_ The Company shall send a copy of any such notica issued by the Cornpony to Each entity fisted below, no less Than tMrty (30) days [ten (10) days for non-payment of prernlum) prior to the effactfva date of cancellaticm, at the address shown. Faii1ure of arty entity listed below to reoetve a copy of swrc�i notloe of cancellatlun shall Flat afifect the right of thn Company It eancal tha Policy_ Nothing 11 tijls Condition p, shall cun51Irued, Is Wended 19, n❑r shall actually confer upon any entity listed below arc}' Iagal or equl"* right, benahI, or rame+#y of any naittre whatsoever. Enlllyflesl; ±lalll i7}{Idrefi5; County of Los Angeles. 900 S. Freemont Avenue Department of PublIc Works Los Angeles, CA 91180-0000 All other terms and conditions remain the same. (Page i of 1) Santa Clarita Valley Exhibit 3D: Page 117 Scope of Work - Part 11 C y�r}'+ a r I'kL3000(Ed.0513) {. 7[1L'i �gy d�Jl.�4 '! A E 4U13 a FlBLMME Gf OF cr"Wk ON* 442:2 rw 5 biSC=ii Great American E & S Insurance Company PREMISES ENVIRONMENTAL LIABILITY INSURANCE DECLARATIONS THIS POLICY CONTAINS SONTE CLAIMS-M.ADE AND REPORTED COVERAGES- READ IT CAREFULLY SOME OF THE COVERAGES CONTAINED WITHIN THIS POLICY REQUIRE THAT A CLAIPA BE MADE AGAINST THE INSUREC DURING THE POLICY PERIOD AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD OR, IF APPLICAELE�, THE EXTENDED REPORTING PERIDD, SOME OF THE PROVISIONS CONTAINED JN THIS POLICY RESTRICT COVERAGF, SPECIFY VWRAT IS AND IS NOT GGVEREQ AND DESIGNATE RIGHTS AND DUTIES. LEGAL. EXPENSE IS SUBJECT To AND WILL ERODE THE LIMIT OF LIABILITY AND ANY APPLICABLE 5ELP-114SUREO IRCMNTION, Policy Number: PRE 13Mgii pp NEW EILISINESS Cuslanwr Number: 0005330609 1. FIRST NAMED INSURED BURRTEC WASTE GROUP, INC Street M*e9s: �&90 CHERRY AVENUE cityrl ledzi p: I=ONTAN'A, CA 9QW 2 Policy Perigd: From: 10 31Q016 To: 10131l2018 (12.01 A.M. rtDrlo'ard time at the rnaitiN address shDw n in Itern 1. above) Pago 1 of 3 Santa Clarita Valley Exhibit 3D: Page 118 Scope of Work - Part 11 GREATjWERjC,,LrV ,:,n�r..orY Rl9{1RANCIF 4100E wm: Tel 1-11 N Ed6XOG PRE 30 03 (Ed. 05 - 3� 0 Coverages and Con rage Section Limit® uP Liability and Self -Insured Retenllon If no Limit of Liability br Selr- Insured Reterli€sn amount appears fix a Corerage section shown below, this Polioy does not apply for that Coverage section Coverage Each KXLUTIU4 CONDITION Limit ^overage Aggregate Limit Seir-Insured Retention A. $5,0100,D00 56.0010,ODD $25.0K B S 6,000,OW $ 5,000,0:io $ 25,000 C. S 6,r700,000 $ 6,00U,000 S 25.000 D $ 15.0coA00 s 6,DOL.000 $ 25,000 E. $ 6,C00,000 5 0.000 ODD $ 25,ctx� F $25.000 S25 00D $2,500 Coverage Eacli POLLUTION CONDITION Limit Coverage Aggregate Limit DEDUCTIBLE PERIOD G. 1x1,00L,�100 $1;D+0C.000 7Days 4 Policy Aggregate Limit of Liability: S 6,000,4i00 $. COVERED LOCATION(%) See Covered Locatlon EndorsenlerTt B. CONTRACTING SERVICES: Municipal waste rollecti4an and transport to permitted dsposal facility, colleCtuon of portable toilets irickdirig associated services 7. Retroactive Late (Only Applicable to Claimr-Mode Coverage Parts): See r=ndor menu 8 Reverse Retrowtive Oate None 9. Rrerniurn- $ -TRIAlfferrprismCoverage) $ Assessments and SuFuharges: , $ TOTAL. $ 10. Mininum Earned Pmrrtium 1 DO % 11. Broker: M iRmll � McLennan Agency Street Adgresr: 9171 Tuwne Centre Clove, Suite 500 CitylState2lp San Diego, CA 92122 Pegtr 2 Or 3 Santa Clarita Valley Exhibit 3D: Page 119 Scope of Work - Part 11 GFtEAT.+ MERiC,4N r,;n""�°„°ftr I93"NAU AA9JO Qa dTrt* oha esm] �N 1SUIM—WOO PRE 30 00 (Ed. 05 13) 12 Forms and Ei durwrnunts applicable to a'I CovwaW parts and made part of this Policy at the lime of r5sue are listed an the atteched Form and Erid rwments Schedul,-. Pagc 3 a r .l Santa Clarita Valley Exhibit 3D: Page 120 Scope of Work - Part 11 PRE 30 01 (Ed. 05 13) 1. whruh the INSURED bee mee legally vdigated to pay as a result of a CLAIM beCause Df BODILY INJURY, PROPERTY DAMAGE, or ENVIRCX%JI,IENTAL DAMAGE that occurs dining the POtjCiY PER100; or Z It durlrg tyre POLICY PERIOD (a) the POLLUTION CCNDITICN first begins, (b) the INSUR ED N rst diseave rt. the POLLLFFION CONDITION, anal (al Me INSURED first report. thePOLLUTli]N Ct3NDITION totineCompany, inwrr-irg. D. 00VERA€iE [ - N0N-C VMr:D 0j3P05A L SITE The Campariy will pay on behalf of tha INSLIRED for LOSS, CLEANJUP C MTS, and 3elaled LEGAL EXPENSE bemuse of a POLLUTtGN C ONOITION ors, at, urxler, or migratino from a NON-C3VAED DISPOSAL SITE, which the INJS�JREi becomes iegarfy o41i9ated to pay as a nmult of a CLAIM first rrede against ttm INSdJRM during the POLICY PERIOD, bu only it ttie INSURED reports the 'CLAIM to the Company, do wrAirrg, during the POLICY PER IODor, ifepptimbe, the EXTENDED REPORTING PERIOD E. COVEi RAZE E- 0=RIIW 0E fV-BOUND AND OUT -BOUND CONTIL40ENT TRANSPORTATION CDIfERA GE The Company will pay on behalf of the INSURED for LOSS CLEAN-UP COSTS, ajid relaieq LEGAL EY;PENSE beeaum of a FOLLUTfON C ONDJTlIOfN arising Prom the I'NSURE❑Fs goads, prrcdur,!n, or waste, during the murs8 or Iheiir transportation try a CARRIER to or From a. 1. JOB SITE, or Z COVERED LOCATION, including Any loading or unloading of such goads, products, or waste, which the INSURED becomes legally obligated to pay as a result of a CLAIM t cruse or BODILY INJURY, PROPERTY OAM AGE, or ENVIRONMENTAL DAMAGE that occurs durirg the POLICY PERIOD. F_ COVERAGEF= NCI CO HA OS TN-, omparrj will pary an behalf of TF a INSURED For CLEAN-UP COSTS perause oir a POLLUTION COND9TIQN on, et, or within any building ofslruoture at a DOVERED LOCATION, W ardy If: 1. GWIh LLUT ON CONDITION Is first di5cuvered W the INSURED during [Ve POLICY PERIOD; and 2. the INSURF-D notifies the Company of such PMLLFION C )NlaFTION, in writing, during the POLICY PERIOD C_ C] E G -BUSINESS INTERRUPTION OR CONTINGENT BUSINESS INTERRUPTION The Company wall day the INSURED's SUS INESS INTERNUPTICJN OR CONTINGENT BUSINESS INTERRUPTION LOSS 8nCt EXTRA EXPENSE because ar an INTER Rk)FrION at a t VI=MLU LOCATION, but only iF: 1. the INTERRUPTION frr5t cc—nmences during the POLICY PEA JOD and. (al is caused directly by a PULL.UT110N C�DNDITKDN on, all, urder, or migrating from &Uoh GO RED LOCATION; or IN is regwred by a governmarkt entity and is caused solely by a POLLUTION C'CNDITION that:: (i) first oomm,enaes at a (coat on that is not a 00VERED LOCATION or otherwise cawnec3, operated, used, maintained, leased, or controlled W Itie lr SURED: and (ii) poses an imminent threat to persona or properly at such COVERED LOCATION, (Page 2 et is} Santa Clarita Valley Exhibit 3D: Page 121 Scope of Work - Part 11 INSJRED: Burnec4VasieCroup,inc. POLICY#: W 0141B73b1 POLICY PERIOD: OSMI-2018 TO: D3101QDIB NOTIFICATION TO OTHERS Od- CANCELLATION ENDORSEMENT ThiS endgiSarnant lu used to add the following to Part Six o� the policy - PART SIX CONDITIONS A. If we cancel thks policy by written noUre lei yam, for any reason otber then nonpayment of premium, wo will mall or deliver a copy of such written notdce of canrsllt+tJon in the names and address corresponding to each person or organtulMA shown in the Sr beduie below, 1100catlian to such person or argan"rzation will de provided 3t. least 10 days ❑fdor to the effective date of the caneellaUpn, as advlW In crur rlolice lc you, or the longer r-Lwnbar Of d ays na6ca If lrid iaated do the Schadule below. B. If we canoed th is Policy by wrlllen nollcs to you For nonpayment of prim lure, we will mail or de6uer a copy of such wrillian notice of canoellatlon to the name and address corresponding to each person or crganlzmlon shown in t°,ie Schedule below at leasl 10 days prior to the effective date of such caricallatIon. C. If arr�tice3 as d�scritrad lrr Paragraphs AL or B. of 111i5 endQr5emenl is mailed, pro+od oaf rnaiPing w9U tie sufficient proof of such notice. SCHEDULE --- Name and Addres9 of Other Person(s) f Organ izati o n(s): COUNTY OF LOS ANGELES AND IT PUBLIC ENTfTY ORB REC IAL I f+Iumberaf [lays 30 DISTRICT FOR WHICH THE LQS ANGELES COUNTY 80AR0 OF SUPERVISORS IS THE GOVERNING BODY, AND THEIR AGENTS. — _ — OFFICERS AND EMPLOYEES i All other terms and conditdons of this policy remain unchanged_ WC 99 li6 33 (Ed Or 10) hnClu4e3 Cppytighiled rr,�lerial of National Council on Comperr.6stan ineurance, Inc. with its permiriiiun. Cage 1 of Santa Clarita Valley Exhibit 3D: Page 122 Scope of Work - Part 11 B.6 - PERFORMANCE ASSURANCE Santa Clarita Valley Exhibit 3D: Page 123 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.7 — INTERNAL REVENUE SERVICE NOTICE 1015 This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 124 Scope of Work - Part 11 Item B.7 — INTERNAL REVENUE SERVICE NOTICE 1015 Department of the Treasury ilro Internal Revenue Service Notice 1015 (Rev. December 2017) Have You Told Your Employees About the Earned Income Credit (EIC)? What is the EIC? The EIC is a refundable tax credit for certain workers. Which Employees Must I Notify About the EIC? You must notify each employee who worked for you at any time during the year and from whose wages you did not withhold income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W-4, Employee's Withholding Allowance Certificate. Note: You are encouraged to notify each employee whose wages for 2017 are less than $53,930 that he or she may be eligible for the EIG. How and When Must I Notify My Employees? You must give the employee one of the following. • The IRS Form W-2, Wage and Tax Statement, which has the required information about the EIC on the back of Copy B. • A substitute Form W-2 with the same EIC information on the back of the employee's copy that is on Copy B of the IRS Form W-2. • Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC). • Your written statement with the same wording as Notice 797. If you give an employee a Form W-2 on time, no further notice is necessary if the Form W-2 has the required information about the EIG on the back of the employee's copy. If you give an employee a substitute Form W-2, but it does not have the required information, you must notify the employee within 1 week of the date the substitute Form W-2 is given. If Form W-2 is required but is not given on time, you must give the employee Notice 797 or your written statement by the date Form W-2 is required to be given. If Farm W-2 is not required, you must notify the employee by February 7, 2018. You must hand the notice directly to the employee or send it by first-class mail to the employee's last known address. You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mail. However, you may want to post the notice to help inform all employees of the EIC. You can download copies of the notice at www.irs.ciov/FormsPubs. Or you can go to www.irs.cgov/OrderForms to order it. How Will My Employees Know If They Can Claim the EIC? The basic requirements are covered in Notice 797. For more detailed information, the employee needs to see Pub. 596, Earned Income Credit (EIC), or the instructions for Form 1040, 1040A, or 1040EZ. How Do My Employees Claim the EIC? An eligible employee claims the EIC on his or her 2017 tax return. Even an employee who has no tax withheld from wages and owes no tax may claim the EIC and ask for a refund, but he or she must file a tax return to do so. For example, if an employee has no tax withheld in 2017 and owes no tax but Is eligible for a credit of $800, he or she must file a 2017 tax return to get the $800 refund. Notice 1015 (Rev. 12-2017) Cat. No. 205991 Santa Clarita Valley Exhibit 3D: Page 125 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.8 — CONTRACTOR'S EEO CERTIFICATION This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 126 Scope of Work - Part 11 B.8 — Contractor's Certification (Form PW-7) Santa Clarita Valley Exhibit 3D: Page 127 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.9 — INTENTIONALLY OMITTED Santa Clarita Valley Exhibit 3D: Page 128 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.10 — SHARPS COLLECTION This item consists of 3 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 129 Scope of Work - Part 11 Item B.10 — SHARPS COLLECTION Sharps Collection Program Within one week after residential customers' request, Burrtec Waste Industries, Inc. will provide said customer, at the customers' residential premises, without surcharge to the County or customer, an approved container for Sharps disposal in accordance with Applicable Laws. Burrtec will provide 1-gallon Sharps containers preapproved by the County of Los Angeles. Upon request by the customer, Burrtec personnel will deliver an empty Sharps container kit. Each kit includes: A government -approved plastic container specially -designed for Sharps waste and an information flyer. Burrtec has identified Thermal Combustion Innovators, Inc. as the Sharps container vendor. Burrtec will also utilize Stericycle as the Sharps container and autoclave vendor in those instances where customers request the postage pre -paid mail -back option. Once the container is full, the customer may deliver the container to a designated drop- off facility. At customers' request, a postage pre -paid mail -back shipping box will be provided. Upon receipt, Stericycle documents the receipt and properly treats and destroys the Sharps container and its contents. Burrtec will provide, upon request, 1-gallon containers to each customer up to four times per year. Burrtec will provide the following: a. Distribution of County approved Sharps containers (to include informational flyer) b. Collections of Sharps containers via drop-off location or postage pre -paid mail -back box c. Proper handling and disposal of containers in accordance with Applicable Laws. Santa Clarita Valley Exhibit 3D: Page 130 Scope of Work - Part 11 BURRTEC "We'll Take Care 0j. it. Sharps Collection Program for East Pasadena}East San abriel}East Arcadia/RoyFal Oaks Pursuant to State law, which prohibits disposal of home -generated Sharps waste in trash and recycling containers, Burrtec is offering its single family cart customers a safe and easy way to dispose of their Sharps waste- Customers may request up to four 1-gallon Sharps tontainers per year, for storing and proper disposal at no additional cost. What are home -generated sharp? "Horne -,generated sharps waste" means hypodermic needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications derived from a household, As of September 1, 2008, State law prohibits residents from disposing of home -generated sharps waste in the trash. Participating residents can pick up a Sharps container at the Burrtec Office located at 1017 W, Gladstone St -,Azusa, CA91702OR residents may haveacontainer delivered (lirnit4 containers percustom+er peryear). 1- Deposit syringes, needlesand lancets into red container with the sharp end fiat. Do not fill the tontainerto the top. 2. After container is 3J4 full, snap the cap firmly to close and place the container in a plastic bag. Sea[securely- Drop off Sharps containers in a Safe -Drug Drop -Off box (pictured right) at participating local Los Angeles. County Sheriff Stations OR request a prepaid postage container when you call the Burrtec Customer Service at the number listed below. If you have any questions, = °� }• please call Burrtec Customer Service 3 { at 1-BOD-325-9417 Monday - Friday 8 a.m. to 5 p.m. Santa Clarita Valley Exhibit 3D: Page 131 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.11 — MULCH AND COMPOST GIVEAWAY PROGRAM This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 132 Scope of Work - Part 11 Item B.11 — MULCH AND COMPOST GIVEAWAY PROGRAM Twice per year, Burrtec will publicize and offer customers mulch (i.e., shredded bark and wood chips) and compost (no tire shreds) at no additional charge. The events will take place once in the early Spring and again in the early Fall, or at alternate dates as requested or approved by Director. Reasonable business efforts to offer mulch and compost that was produced from green waste generated in the service area will be used. Burrtec will select a location within the service area or other feasible areas and will be responsible for planning and making all necessary arrangements. Burrtec will provide all the necessary staffing, vehicles, containers, and other equipment, and materials or supplies (such as shovels and extra bags). Burrtec will help participants who request help and shall post a bilingual sign at the event offering assistance. Santa Clarita Valley Exhibit 3D: Page 133 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.12 — ALTERNATIVES TO FULLY AUTOMATED OR 96-GALLON CARTS This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 134 Scope of Work - Part 11 Item B.12 — ALTERNATIVES TO FULLY AUTOMATED OR 96-GALLON CARTS Alternatives to Fully Automated 96-Gallon Carts In the event the subscriber lives in difficult to service area, Burrtec Waste Industries will use a manual or other form of collection for Refuse, Recyclables, and Organics to service customers deemed difficult to service by the County. Should alternative containers be provided to these Customers they shall have the same aggregate capacity as Burrtec would have provided to Customers in carts at the rate surcharge provided in its Rate Schedule. Alternatives to 96-Gallon Carts due to Space Restrictions In the event the subscriber is unable to store the 96-gallon containers due to space restrictions, Burrtec will provide alternative containers with the same aggregate capacity as outlined in the Agreement without rate discount or surcharge, if customers request the same aggregate capacity. 32-Gallon Cart Alternatives to 96-Gallon Carts If an Elderly Customer as defined in Exhibit 21 generates small amounts of waste and requests a 32-gallon Cart or Carts, Burrtec will provide the same number of 32-gallon Carts as Burrtec would have provided to that Customer in 96-gallon Carts, without Rate surcharge. Santa Clarita Valley Exhibit 3D: Page 135 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.13 — DIRECTOR -APPROVED SUBCONTRACTORS This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 136 Scope of Work - Part 11 Item B.13 — DIRECTOR -APPROVED SUBCONTRACTORS Burrtec Waste Industries, Inc. does not propose utilizing subcontractors in the performance of the Santa Clarita Valley franchise agreement. Santa Clarita Valley Exhibit 3D: Page 137 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.14 — BACKUP SERVICE PLAN This item consists of 3 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 138 Scope of Work - Part 11 Item B.14 — BACKUP SERVICE PLAN Backup Service Plan CONTRACTOR shall implement its Backup Service Plan within seven days of Director request if Customer's Solid Waste is not Collected at Customer's Set -Out Site or Abandoned Waste is not Collected for any reason, including uncontrollable circumstances. Examples of circumstances include CONTRACTOR'S employees on strike or mudslides, wildfires, or earthquakes that cause blocked or damaged roads. In the event there is a protracted service disruption due to any cause, CONTRACTOR will institute many proactive actions to sustain Solid Waste Collection Services. Since Customers are expecting services that CONTRACTOR is not providing, CONTRACTOR shall propose the appropriate services below for Director approval and must not charge Customer or COUNTY for providing these services, unless noted below. 1. Provide Conveniently Located Dumpsters or Roll -off Containers CONTRACTOR will place 3 or 4-yard Dumpsters and/or roll -off Containers throughout the community in key locations approved by Director. 2. Offer Self -Hauling Solid Waste to a Facility CONTRACTOR will use Reasonable Business Efforts to make arrangements with the Solid Waste Disposal Facility normally used by CONTRACTOR for this Contract to allow each Occupant to direct haul and dispose of their solid waste, 6 days per week. The facility shall only charge the Customer for disposal costs with no minimum quantities. Additionally, if Director determines the distance to the CONTRACTOR's usual facility is too far from Occupants, CONTRACTOR will arrange for a local facility to allow each Occupant to drop-off the Solid Waste. 3. Inform Customers of Temporary Procedures CONTRACTOR will use Reasonable Business Efforts to inform Customers and Occupants of the above service and disposal options. CONTRACTOR will provide Customers and Occupants with information on where and how to dispose of the Occupant's Solid Waste by the following means: • A recording on its customer service line to hear a taped looped message. • Arrange for the broadcast of COUNTY's 30-second Public Service Announcement video on local cable access channels with CONTRACTOR to customize it to the situation, such as having text appear on the screen announcing date, times, and addresses. • Contact local print media and produce a press release. • Contact Customers and Occupants via phone, email, or text messages. Santa Clarita Valley Exhibit 3D: Page 139 Scope of Work - Part 11 4. Credit Policy for Missed Contract Services a. Missed Curbside Collection Since Customer is expecting a Collection Service not provided, CONTRACTOR shall automatically credit Customer for each missed collection. For example, if a strike disrupts 2 weeks of the 13 Collections in a quarter, CONTRACTOR would credit Customer 2/13 of that quarter's fee toward the next quarter's fee. CONTRACTOR shall only charge the Customer for the Dumpster/roll-off option or the drop-off option at a rate agreed upon in advance with County staff and only that fee shall be considered a charge to all Customers, whether or not the Customer chooses to utilize the Dumpster/roll-off option for Disposal. b. Other Customer Services When CONTRACTOR is unable to offer Customer Services other than curbside collection, such as Annual Curbside Cleanup, Mulch/Compost Giveaway events, or other required services, CONTRACTOR shall provide evidence of cost associated with those services and offer alternate services acceptable to Director. 5. Provide Replacement Drivers and Security CONTRACTOR shall use Reasonable Business Efforts to require all properly trained and licensed employees to operate Collection Vehicles to maintain core Disposal and Diversion services. As described in the above paragraphs, CONTRACTOR shall be properly staffed to provide drop-off services for each Occupant. In addition to CONTRACTOR staff, CONTRACTOR shall use drivers or Vehicles from other operations and other waste haulers. Finally, in cases of a strike, CONTRACTOR shall work closely with a private security firm to guarantee a safe and consistent operation. 6. Identify Customers Requiring Priority Service CONTRACTOR shall contact the elderly and disabled Occupants with Roll -out Service and shall use Reasonable Business Efforts to Collect putrescible Solid Waste from their residence. Santa Clarita Valley Exhibit 3D: Page 140 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.15 — KEY PERSONNEL This item consists of 3 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 141 Scope of Work - Part 11 CONTRACT SERVICES MANAGERS Cole Burr, President Tracy Sweeney, Chief Operating Officer/VP Burrtec Waste Industries, Inc. Burrtec Waste Industries, Inc. 9890 Cherry Ave 9890 Cherry Ave Fontana, CA 92335 Fontana, CA 92335 Phone: (909) 429-4200 Phone: (909) 429-4200 Fax: (909) 429-4290 Fax: (909) 429-4290 Richard Nino, Vice President Burrtec Waste Industries, Inc. 9890 Cherry Ave Fontana, CA 92335 Phone: (909) 429-4200 Fax: 909 429-4290 AUTHORIZED REPRESENTATIVES Octavio Camacho, Division Manager Mary Fierro, Customer Services Manager Burrtec Waste Industries, Inc. Burrtec Waste Industries, Inc. 1017 W. Gladstone St 1017 W. Gladstone St Azusa, CA 91702 Azusa, CA 91702 Phone: (800) 325-9417 Phone: (800) 325-9417 Fax: 626 932-1578 Fax: 626 932-1578 Carlos Diaz, Route Supervisor Agustin Romero, Maintenance Supervisor Burrtec Waste Industries, Inc. Burrtec Waste Industries, Inc. 1017 W. Gladstone St 1017 W. Gladstone St Azusa, CA 91702 Azusa, CA 91702 Phone: (800) 325-9417 Phone: (800) 325-9417 Fax: (626) 932-1578 Fax: (626) 932-1578 EMERGENCY CONTACT (outside Contractor's office hours) Octavio Camacho, Division Manager Richard Nino, Vice President Burrtec Waste Industries, Inc. Burrtec Waste Industries, Inc. 1017 W. Gladstone St 9890 Cherry Ave Azusa, CA 91702 Fontana, CA 92335 Phone: (800) 325-9417 Phone: (909) 429-4200 Fax: (626) 932-1578 Fax: (909) 429-4290 Cell: (626) 327-5346 Cell: (626_675-5841 KEY PERSONNEL Richard Nino, Vice President Octavio Camacho, Division Manager Burrtec Waste Industries, Inc. Burrtec Waste Industries, Inc. 9890 Cherry Ave 1017 W. Gladstone St Fontana, CA 92335 Azusa, CA 91702 Phone: (909) 429-4200 Phone: (800) 325-9417 Fax: 909 429-4290 Fax: 626 327-5346 Santa Clarita Valley Exhibit 3D: Page 142 Scope of Work - Part 11 Mary Fierro, Customer Services Manager Carlos Diaz, Route Supervisor Burrtec Waste Industries, Inc. Burrtec Waste Industries, Inc. 1017 W. Gladstone St 1017 W. Gladstone St Azusa, CA 91702 Azusa, CA 91702 Phone: (800) 325-9417 Phone: (800) 325-9417 Fax: (626) 932-1578 Fax: (626) 932-1578 Agustin Romero, Maintenance Supervisor Debbie Hansen Burrtec Waste Industries, Inc. Burrtec Waste Industries, Inc. 1017 W. Gladstone St 9890 Cherry Ave Azusa, CA 91702 Fontana, CA 92335 Phone: (800) 325-9417 Phone: (909) 429-4200 Fax: 626 932-1578 Fax: 909 429-4290 SERVICES SAFETY OFFICIAL Octavio Camacho, Division Manager Burrtec Waste Industries, Inc. 1017 W. Gladstone St Azusa, CA 91702 Phone: (800) 325-9417 Fax: 626 932-1578 Santa Clarita Valley Exhibit 3D: Page 143 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.16 — ROUTE MAPS AND SCHEDULES This item consists of 4 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 144 Scope of Work - Part 11 Santa Clarita Valley Exhibit 3D: Page 145 Scope of Work - Part 11 Santa Clarita Valley Exhibit 3D: Page 146 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.17 — FACILITIES AND SOLID WASTE FACILITIES This item consists of 8 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 147 Scope of Work - Part 11 Item B.17 — FACILITIES AND SOLID WASTE FACILITIES Santa Clarita Valley Exhibit 3D: Page 148 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.18 — ADDITIONAL CONTRACTOR COMMITMENTS This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 149 Scope of Work - Part 11 Item B.18 — ADDITIONAL CONTRACTOR COMMITMENTS MADE IN ITS PROPOSAL FOR PROCUREMENT OF THIS AGREEMENT Santa Clarita Valley Exhibit 3D: Page 150 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.19 —TRANSITION ROLL -OUT PLAN This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 151 Scope of Work - Part 11 Item B.19 — TRANSITION ROLL -OUT PLAN Santa Clarita Valley Exhibit 3D: Page 152 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.20 — DIFFICULT TO SERVICE OCCUPANTS This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 153 Scope of Work - Part 11 Item B.20 — DIFFICULT TO SERVICE OCCUPANTS Burrtec serves many residential customers throughout Southern California; some of these accounts may be in isolated, hard -to -service areas or have space limitations. Our experience to date has included hard -to -access Mountain roads, unpaved Desert roads, narrow roads, dirt roads, tightly developed urban areas, etc. These service challenges require special equipment and collection methods to address the type of restrictions that may be present. While no single service option is ideal Burrtec is prepared to offer equipment and container alternatives to facilitate program compliance within the same rate schedule as other residential services. This will include providing alternative carts having the same aggregate capacity as would be provided under the regular services schedule. For example, up to 3 — 35 gallon carts will be provided in areas where customers face space restrictions for cart storage or set out sites. Additionally, collection equipment options may require smaller collection vehicles that are able to safely and effectively maneuver in difficult to service areas. This equipment will allow safe access to hard -to -service areas with either manual or automated collection methods. Specific service option alternatives will be developed for each circumstance. Subject to Director's approval, Burrtec will charge the County approved difficult to service fee. Santa Clarita Valley Exhibit 3D: Page 154 Scope of Work - Part 11 Exhibit 3D-Contractor Documentation Item B.21 — MOVEMENT OF GREEN WASTE This item consists of 2 pages (including this page). Santa Clarita Valley Exhibit 3D: Page 155 Scope of Work - Part 11 Item B.21 — MOVEMENT OF GREEN WASTE Burrtec Waste Industries will comply with the California Department of Food and Agriculture's quarantine restrictions for the movement of green waste. Please see Item A.1 for a copy of the CDFA agreement in this matter. Santa Clarita Valley Exhibit 3D: Page 156 Scope of Work - Part 11 EXHIBIT 5 —Additional Contract Language PART 1 - Part no longer used. PART 2 - Part no longer used. PART 3 - GENERAL CONTRACT REQUIREMENTS A. Employment Eligibility Verification CONTRACTOR warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this CONTRACT meet the citizenship or alien status requirements set forth in Federal and State statutes and regulations. CONTRACTOR shall obtain, from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by Federal and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603), or as they currently exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all covered employees for the period prescribed by law. 2. CONTRACTOR shall defend and hold harmless, COUNTY, its Special Districts, Elected Officials, Officers, Agents, Employees, and Volunteers sanctions and any other liability which may be assessed against CONTRACTOR or COUNTY or both about any alleged violation of Federal or State statutes or regulations pertaining to the eligibility for employment of persons performing services under this CONTRACT. B. Security and Background Investigations Security and background investigations of CONTRACTOR's staff may be required at the discretion of COUNTY as a condition of beginning and continuing work under any resulting CONTRACT. The cost of background checks is the responsibility of CONTRACTOR. C. Consideration of Hiring COUNTY Employees Should CONTRACTOR require additional or replacement personnel after the effective date of this CONTRACT to perform the services set forth herein, CONTRACTOR shall give first consideration for such employment openings to qualified permanent COUNTY employees who are targeted for layoff or qualified, former COUNTY employees who are on a reemployment list during the life of this CONTRACT. Santa Clarita Valley Exhibit 5: Page 157 Scope of Work - Part 11 D. Conflict of Interest No COUNTY employee whose position with COUNTY enables such employee to influence the award of this CONTRACT or any competing contract, and no spouse or economic dependent of such employee shall be employed in any capacity by CONTRACTOR or have any other direct or indirect financial interest in this CONTRACT. No officer or employee of CONTRACTOR who may financially benefit from the performance of the work hereunder shall in any way participate in COUNTY's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence COUNTY's approval or ongoing evaluation of such work. CONTRACTOR represents and warrants that it is aware of, and its authorized officers have read, the provisions of COUNTY Code, Section 2.180.010, "Certain Contracts Prohibited," and that execution of this CONTRACT will not violate those provisions. CONTRACTOR shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this CONTRACT. CONTRACTOR warrants that it is not now aware of any facts that create a conflict of interest. If CONTRACTOR hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to COUNTY. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph shall be a material breach of this CONTRACT subjecting CONTRACTOR to either contract termination for default or debarment proceedings or both. CONTRACTOR must sign and adhere to the "Conflict of Interest Certification" (Form PW-5). E. Fair Labor Standards Act CONTRACTOR shall comply with all applicable provisions of the Federal Fair Labor Standards Act and shall indemnify, defend, and hold harmless COUNTY, its Special Districts, Elected Officials, Officers, Agents, Employees, and Volunteers from all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including the Federal Fair Labor Standards Act, for work performed by CONTRACTOR's employees for which COUNTY may be found jointly or solely liable. F. Consideration of GAIN/GROW Participants for Employment COUNTY will refer GAIN and GROW participants by category to CONTRACTOR. If both laid -off COUNTY employees and GAIN and GROW participants in categories identified by COUNTY are available for hiring, CONTRACTOR shall give COUNTY employees priority. G. Record Retention and Inspection/Audit Settlement CONTRACTOR shall maintain accurate and complete financial records of its activities and operations relating to this CONTRACT in accordance with generally Santa Clarita Valley Exhibit 5: Page 158 Scope of Work - Part 11 accepted accounting principles. CONTRACTOR shall also maintain accurate and complete employment and other records relating to its performance of this CONTRACT. CONTRACTOR agrees that COUNTY, or its authorized representatives, shall have access to and the right to examine, audit, review records, excerpt, copy, or transcribe any pertinent transaction, activity, or record relating to this CONTRACT. All such material, including, but not limited to, all financial records, bank statements, cancelled checks, or other proof of payment, timecards, sign-in/sign-out sheets, and other time and employment records, and proprietary data and information, shall be kept and maintained by CONTRACTOR and shall be made available to COUNTY during the term of this CONTRACT and for a period of five years thereafter unless COUNTY's written permission is given to Dispose of any such material prior to such time. All such material shall be maintained by CONTRACTOR at a location in COUNTY, provided that if any such material is located outside COUNTY, then, at COUNTY's option, CONTRACTOR shall pay COUNTY for travel, per diem, and other costs incurred by COUNTY to examine, audit, review records, excerpt, copy, or transcribe such material at such other location. 1. If a review of records of CONTRACTOR is conducted specifically regarding this CONTRACT by any Federal or State auditor, or by any auditor, reviewer, or accountant employed by CONTRACTOR or otherwise, then CONTRACTOR shall file a copy of such review of records report with COUNTY's Auditor -Controller within 30 days of CONTRACTOR's receipt thereof, unless otherwise provided by applicable Federal or State law or under this CONTRACT. Subject to applicable law, COUNTY shall make a reasonable effort to maintain the confidentiality of such review of records report(s). 2. Failure on the part of CONTRACTOR to comply with any of the provisions of this paragraph shall constitute a material breach of this CONTRACT upon which COUNTY may suspend or terminate for default or suspend this CONTRACT. 3. If, at any time during the term of this CONTRACT or within five years after the expiration or termination of this CONTRACT, representatives of COUNTY conduct a review of records of CONTRACTOR regarding the work performed under this CONTRACT, and if such review of records finds that COUNTY's dollar liability for any such work is less than payments made by COUNTY to CONTRACTOR, then the difference shall be either: a) repaid by CONTRACTOR to COUNTY by cash payment upon demand or b) at the sole option of COUNTY's Auditor -Controller, deducted from any amounts due to CONTRACTOR from COUNTY, whether under this CONTRACT or otherwise. If such review of records finds that COUNTY's dollar liability for such work is more than the payments made by COUNTY to CONTRACTOR, then the difference shall be paid to CONTRACTOR by COUNTY by cash payment, provided that in no event shall COUNTY's maximum obligation for this CONTRACT exceed the funds appropriated by COUNTY for this CONTRACT. Santa Clarita Valley Exhibit 5: Page 159 Scope of Work - Part 11 H. Compliance with COUNTY's Jury Service Program 1. Jury Service Program This CONTRACT is subject to the provisions of COUNTY's ordinance entitled CONTRACTOR Employee Jury Service (Jury Service Program) as codified in Sections 2.203.010 through 2.203.090 of COUNTY Code. 2. Written Employee Jury Service Policy a. Unless CONTRACTOR has demonstrated to COUNTY's satisfaction either that CONTRACTOR is not a "CONTRACTOR" as defined under the Jury Service Program (Section 2.203.020 of COUNTY Code) or that CONTRACTOR qualifies for an exception to the Jury Service Program (Section 2.203.070 of COUNTY Code), CONTRACTOR shall have and adhere to a written policy that provides that its Employees shall receive from CONTRACTOR, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that Employee deposit any fees received for such jury service with CONTRACTOR or that CONTRACTOR deduct from the Employee's regular pay the fees received for jury service. b. For purposes of this Section, "CONTRACTOR" means a person, partnership, corporation, or other entity which has a contract with COUNTY or a subcontract with a COUNTY contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-month period under one or more COUNTY contracts or subcontracts. "Employee" means any California resident who is a full-time employee of CONTRACTOR. "Full-time" means 40 hours or more worked per week, or a lesser number of hours if: 1) the lesser number is a recognized industry standard as determined by COUNTY, or 2) CONTRACTOR has a long-standing practice that defines the lesser number of hours as full-time. Full-time employees providing short-term, temporary services of 90 days or less within a 12-month period are not considered full-time for purposes of the Jury Service Program. If CONTRACTOR uses any Subcontractor to perform services for COUNTY under this CONTRACT, the Subcontractor shall also be subject to the provisions of this Section. The provisions of this Section shall be inserted into any such subcontract CONTRACT and a copy of the Jury Service Program shall be attached to the CONTRACT. C. If CONTRACTOR is not required to comply with the Jury Service Program when this CONTRACT commences, CONTRACTOR shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and Santa Clarita Valley Exhibit 5: Page 160 Scope of Work - Part 11 CONTRACTOR shall immediately notify COUNTY if CONTRACTOR at any time either comes within the Jury Service Program's definition of "CONTRACTOR" or if CONTRACTOR no longer qualifies for an exception to the Jury Service Program. In either event, CONTRACTOR shall immediately implement a written policy consistent with the Jury Service Program. COUNTY may also require, at any time during this CONTRACT and at its sole discretion, that CONTRACTOR demonstrate to COUNTY's satisfaction that CONTRACTOR either continues to remain outside of the Jury Service Program's definition of "CONTRACTOR" and/or that CONTRACTOR continues to qualify for an exception to the Jury Service Program. d. CONTRACTOR's violation of this Section of this CONTRACT may constitute a material breach of this CONTRACT. In the event of such material breach, COUNTY may, in its sole discretion, suspend or terminate this CONTRACT and/or bar CONTRACTOR from the award of future COUNTY contracts for a period consistent with the seriousness of the breach. I. CONTRACTOR's Charitable Activities Compliance The Supervision of Trustees and Fundraisers for Charitable Purposes Act regulates entities receiving or raising charitable contributions. The "Nonprofit Integrity Act of 2004" (SB 1262, Chapter 919) increased Charitable Purposes Act requirements. By requiring CONTRACTOR's to complete the Charitable Contributions Certification (Form PW-12), COUNTY seeks to ensure that all COUNTY CONTRACTOR's which receive or raise charitable contributions comply with California law to protect COUNTY and its taxpayers. A CONTRACTOR which receives or raises charitable contributions without complying with its obligations under California law commits a material breach subjecting it to either contract termination for default or debarment proceedings or both. (COUNTY Code Chapter 2.202) J. Social Enterprise Preference Program CONTRACT is subject to the provisions of COUNTY's ordinance entitled Social Enterprise (SE) Preference Program, as codified in Chapter 2.205 of COUNTY Code. CONTRACTOR shall not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a SE. CONTRACTOR shall not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a COUNTY official or employee for the purpose of influencing the certification or denial of certification of any entity as a SE. Santa Clarita Valley Exhibit 5: Page 161 Scope of Work - Part 11 If CONTRACTOR has obtained COUNTY certification as a SE by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this contract to which it would not otherwise have been entitled, CONTRACTOR shall: • Pay to COUNTY any difference between the CONTRACT amount and what COUNTY'S costs would have been if the CONTRACT had been properly awarded. • In addition to the amount described in subdivision (1), be assessed a penalty in the amount of not more than ten percent of the amount of this CONTRACT. • Be subject to the provisions of Chapter 2.202 of COUNTY Code (Determinations of Contractor Nonresponsibility and Contractor Debarment). The above penalties shall also apply to any entity that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the Department of Consumer and Business Affairs of this information prior to responding to a solicitation or accepting a contract award. K. Local Small Business Enterprise Preference Program This CONTRACT is subject to the provisions of COUNTY's ordinance entitled Local Small Business Enterprise Preference Program, as codified in Chapter 2.204 of COUNTY Code. CONTRACTOR shall not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a Local Small Business Enterprise. CONTRACTOR shall not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a COUNTY official or employee for the purpose of influencing the certification or denial of certification of any entity as a Local Small Business Enterprise. If CONTRACTOR has obtained COUNTY certification as a Local Small Business Enterprise by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this CONTRACT to which it would not otherwise have been entitled, shall: • Pay to COUNTY any difference between this CONTRACT amount and what COUNTY's costs would have been if this CONTRACT had been properly awarded. Santa Clarita Valley Exhibit 5: Page 162 Scope of Work - Part 11 • In addition to the amount described in subdivision (1), be assessed a penalty in an amount of not more than ten percent of the amount of this CONTRACT. • Be subject to the provisions of Chapter 2.202 of COUNTY Code (Determinations of Contractor Nonresponsibility and Contractor Debarment). The above penalties shall also apply to any business that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the State and the Department of Consumer and Business Affairs of this information prior to responding to a solicitation or accepting a contract award. L. Disabled Veteran Enterprise Preference Program This CONTRACT is subject to the provisions of COUNTY's ordinance entitled Disabled Veteran Business Enterprise (DVBE) Preference Program, as codified in Chapter 2.211 of COUNTY Code. CONTRACTOR shall not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a DVBE. CONTRACTOR shall not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a COUNTY official or employee for the purpose of influencing the certification or denial of certification of any entity as a DVBE. If CONTRACTOR has obtained certification as a DVBE by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this CONTRACT to which it would not otherwise have been entitled, shall: • Pay to COUNTY any difference between the CONTRACT amount and what COUNTY'S costs would have been if the CONTRACT had been properly awarded. • In addition to the amount described in subdivision (1), be assessed a penalty in an amount of not more than ten percent of the amount of the CONTRACT. • Be subject to the provisions of Chapter 2.202 of COUNTY Code (Determinations of Contractor Nonresponsibility and Contractor Debarment). Notwithstanding any other remedies in this contract, the above penalties shall also apply to any business that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the State and the Department of Consumer and Business Affairs of this information prior to responding to a solicitation or accepting a contract award. Santa Clarita Valley Exhibit 5: Page 163 Scope of Work - Part 11 M. CONTRACTOR Responsibility and Debarment 1. Responsible CONTRACTOR A responsible CONTRACTOR is a CONTRACTOR who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity, and experience to satisfactorily perform the CONTRACT. It is COUNTY's policy to conduct business only with responsible CONTRACTORs. 2. Chapter 2.202 of COUNTY Code CONTRACTOR is hereby notified that, in accordance with Chapter 2.202 of COUNTY Code, if COUNTY acquires information concerning the performance of CONTRACTOR on this or other contracts which indicates that CONTRACTOR is not responsible, COUNTY may, in addition to other remedies provided in this CONTRACT, debar CONTRACTOR from bidding or proposing on, being awarded, and/or performing work on COUNTY contracts for a specified period of time, which generally will not exceed 5 years but may exceed 5 years or be permanent if warranted by the circumstances, and suspend or terminate any or all existing contracts CONTRACTOR may have with COUNTY. 3. Nonresponsible CONTRACTOR COUNTY may debar a CONTRACTOR if the Board finds, in its discretion, that CONTRACTOR has done any of the following: (1) violated any term of a contract with COUNTY or a nonprofit corporation created by COUNTY; (2) committed an act or omission which negatively reflects on CONTRACTOR's quality, fitness, or capacity to perform a contract with COUNTY, any other public entity, or a nonprofit corporation created by COUNTY, or engaged in a pattern or practice which negatively reflects on same; (3) committed an act or offense which indicates a lack of business integrity or business honesty; or (4) made or submitted a false claim against COUNTY or any other public entity. 4. Contractor Hearing Board a. If there is evidence that CONTRACTOR may be subject to debarment, Public Works will notify CONTRACTOR in writing of the evidence which is the basis for the proposed debarment and will advise CONTRACTOR of the scheduled date for a debarment hearing before Contractor Hearing Board. b. Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. CONTRACTOR and/or CONTRACTOR's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, Contractor Santa Clarita Valley Exhibit 5: Page 164 Scope of Work - Part 11 Hearing Board will prepare a tentative proposed decision, which shall contain a recommendation regarding whether CONTRACTOR should be debarred, and, if so, the appropriate length of time of the debarment. CONTRACTOR and Public Works shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Supervisors. C. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision, and any other recommendation of Contractor Hearing Board shall be presented to the Board. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of Contractor Hearing Board. d. If a CONTRACTOR has been debarred for a period longer than five years, that CONTRACTOR may, after the debarment has been in effect for at least five years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. COUNTY may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that CONTRACTOR has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interests of COUNTY. e. Contractor Hearing Board will consider a request for review of a debarment determination only where (1) CONTRACTOR has been debarred for a period longer than five years; (2) the debarment has been in effect for at least five years; and (3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by Contractor Hearing Board pursuant to the same procedure as for a debarment hearing. f. Contractor Hearing Board's proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of Contractor Hearing Board. Santa Clarita Valley Exhibit 5: Page 165 Scope of Work - Part 11 5. Subcontractors of CONTRACTOR These terms shall also apply to Subcontractors of COUNTY CONTRACTORs. N. Reporting Requirements for Improper Solicitations CONTRACTOR shall immediately report any attempt by a COUNTY officer or employee to solicit improper consideration. CONTRACTOR shall make the report either to COUNTY manager charged with the supervision of the employee or to COUNTY Fraud Hotline at (800) 544-6861 or www.lacountvfraud.org. Among other items, improper consideration may take the form of cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. O. COUNTY's Quality Assurance Plan COUNTY or its agent will monitor CONTRACTOR's performance under this CONTRACT on not less than an annual basis. Such monitoring will include assessing CONTRACTOR's compliance with all this Contract's terms and conditions and performance standards. CONTRACTOR deficiencies which COUNTY determines are significant or continuing and that may place performance of this CONTRACT in jeopardy, if not corrected, will be reported to the Board. The report will include improvement/corrective action measures taken by COUNTY and CONTRACTOR. If improvement does not occur consistent with the corrective action measures, COUNTY may suspend or terminate this CONTRACT for default or impose other penalties as specified in this CONTRACT. P. Local Small Business Enterprise Utilization When requested by COUNTY, CONTRACTOR shall provide to COUNTY via methods specified by COUNTY, such as submission of electronic live (or dynamic) data on invoices for the prime and all subcontractors using COUNTY -designated third -party software system or to a COUNTY approved website, or other means of submitting expenditure information on subcontractors, including but not limited to the following information: the name, business address and telephone number/email address of each subcontractor. In addition, CONTRACTOR shall be required to provide each of the specified subcontractor Local Small Business Enterprise (SBE), Disabled Veteran Business Enterprise (DVBE), and Social Enterprise (SE) status (i.e., whether any of the listed subcontractors are Local SBE's) and the proposed monetary amount of the work the subcontractor will perform on each Notice to Proceed. At the time of submittal of each invoice, CONTRACTOR shall indicate, via methods specified by COUNTY, the actual dollar amounts paid to each listed subcontractor who performed work on the Santa Clarita Valley Exhibit 5: Page 166 Scope of Work - Part 11 project. The subcontractor may be requested to confirm receipt of the actual payment to the subcontractor by the prime. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure to CONTRACTOR to comply with this Section. The parties will agree that under the current circumstances a reasonable estimate of such damages is specified in Exhibit F, Performance Requirements Summary, and that CONTRACTOR shall be liable to COUNTY for said amount. If in the judgment of Director, or his/her designee, CONTRACTOR is deemed to be in non-compliance with the terms and obligations, Director or his/her designee, at his/her option, in addition to, or in lieu of, other remedies provided in Exhibit F, Performance Requirements Summary, may deduct and withhold liquidated damages from COUNTY's final payment to CONTRACTOR. Q. Compliance with COUNTY's Zero Tolerance Human Trafficking CONTRACTOR acknowledges that COUNTY has established a Zero Tolerance Human Trafficking Policy prohibiting contractors from engaging in human trafficking. If a CONTRACTOR or member of CONTRACTOR's staff is convicted of a human trafficking offense, COUNTY shall require that CONTRACTOR or member of CONTRACTOR's staff be removed immediately from performing services under the Contract. COUNTY will not be under any obligation to disclose confidential information regarding the offenses other than those required by law. Disqualification of any member of CONTRACTOR's staff pursuant to this paragraph shall not relieve CONTRACTOR of its obligation to complete all work in accordance with the terms and conditions of this Contract. Santa Clarita Valley Exhibit 5: Page 167 Scope of Work - Part 11 PART 4 - INDEMNIFICATION AND INSURANCE A. Indemnification and Release of COUNTY CONTRACTOR shall release, indemnify, defend, and hold harmless COUNTY and COUNTY's Related Parties from and against all Liabilities arising from, connected with, or relating to all the following: 1. Operations CONTRACTOR and CONTRACTOR's Related Parties' operations or any of their respective services on or after the date of this CONTRACT, including the Task 1 and Task 2 services and Liabilities further detailed in the following Indemnifications contained in Part 4A2 through Part 4A5 of this Exhibit 5, but excluding any Liabilities arising from the sole active negligence of COUNTY. 2. Cal/OSHA Without limiting the operations Indemnification in Part 4A1 of Exhibit 5, employer sanctions and any other Liabilities that may be assessed against CONTRACTOR or COUNTY or both about any alleged act or omission of CONTRACTOR or any of CONTRACTOR's Related Parties that is in violation of any Cal/OSHA regulation. This obligation includes all investigations and proceedings associated with purported violations of 8 CCR 336.10 pertaining to multiemployer work sites. CONTRACTOR shall not be obligated to so release, indemnify, defend, and hold harmless COUNTY from and against any Liabilities arising from the active negligence of COUNTY. 3. Immigration Without limiting the operations Indemnification in Part 4A1 of Exhibit 5, employer sanctions and any other Liabilities that may be assessed against CONTRACTOR, any of CONTRACTOR's Related Parties or COUNTY or any one or all of them about any alleged violation of Federal Applicable Law (including the Immigration Reform and Control Act of 1986 (PL. 99-603) pertaining to the eligibility for employment of individuals performing Task 1 and Task 2 services. CONTRACTOR shall not be obligated to so indemnify, release, defend, and hold harmless COUNTY from and against any Liabilities arising from active negligence of COUNTY. 4. Enforcement of CONTRACT or Applicable Law Without limiting the operations Indemnification in Part 4A1 of Exhibit 5, any Liabilities that may be assessed against CONTRACTOR, any of CONTRACTOR's Related Parties or COUNTY or any one or all of them about any alleged failure of COUNTY to exercise COUNTY's rights under Santa Clarita Valley Exhibit 5: Page 168 Scope of Work - Part 11 this CONTRACT or to enforce provisions of this CONTRACT or of Applicable Law as permitted under Part 11A4 of Exhibit 5. 5. Disposal The presence, Disposal, escape, migration, leakage, spillage, discharge, release, or emission of Unpermitted Waste or petroleum to, in, on, at, or under any Vehicle, place, site, or facility where CONTRACTOR or any of CONTRACTOR's Related Parties transports, delivers, stores, processes, Recycles, composts or Disposes of Solid Waste to the extent that Liabilities are caused indirectly or directly by any of the following: a. CONTRACTOR Negligence or Misconduct The wrongful, willful, or negligent act, error or omission, or the misconduct of CONTRACTOR or any of CONTRACTOR's Related Parties; b. Non -Customer Materials The Collection, delivery, handling, Recycling, processing, composting or Disposal by CONTRACTOR or any of CONTRACTOR's Related Parties of any materials or waste, including Unpermitted Waste, that are generated by Persons other than Customers and Occupants or collected from premises other than Premises; C. Failure to Comply with Unpermitted Waste Screening Protocol The failure of CONTRACTOR or any of CONTRACTOR's Related Parties to undertake Unpermitted Waste training procedures required by Applicable Law or the Unpermitted Waste Screening Protocol, whichever is more stringent; or d. CONTRACTOR -Identified Unpermitted Waste The improper or negligent collection, handling, delivery, processing, recycling, composting, or disposal by CONTRACTOR or any of CONTRACTOR's Related Parties of Unpermitted Waste that CONTRACTOR or any of CONTRACTOR's Related Parties inadvertently collects from Customers and Occupants and that CONTRACTOR or any of CONTRACTOR's Related Parties identifies as Unpermitted Waste before its delivery, processing, recycling, composting, or disposal whether: (1) In one or more occurrence; (2) Threatened or transpired; (3) CONTRACTOR or any of CONTRACTOR's Related Parties is negligent or otherwise culpable; or (4) Those Liabilities are litigated, settled, or reduced to judgment. Santa Clarita Valley Exhibit 5: Page 169 Scope of Work - Part 11 For purposes of this item A5, "Liabilities" includes Liabilities arising from or attributable to any operations, repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial, response, closure, post closure, or other plan, regardless of whether undertaken due to government directive or action, such as remediation of surface or ground water contamination and replacement or restoration of natural resources. The foregoing Indemnification under this item A5 is intended to operate as a CONTRACT under 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify COUNTY from liability in accordance with this Section. The mere presence of household hazardous waste in the Solid Waste that is Collected by CONTRACTOR or any of CONTRACTOR's Related Parties under this CONTRACT will not constitute negligence and in and of itself create any liability on the part of CONTRACTOR or any of CONTRACTOR's Related Parties absent any of the circumstances described in items a through d in this item A5. With respect to COUNTY's defense under this item A5, COUNTY reserves the right to retain co -counsel at its own cost and expense and CONTRACTOR shall direct CONTRACTOR'S counsel to assist and cooperate with COUNTY'S co -counsel. CONTRACTOR hereby releases and shall not seek contribution or compensation of any nature from COUNTY for Liabilities relating to Unpermitted Waste, including relating to RCRA, CERCLA, or the California Health and Safety Code. CONTRACTOR shall not make any claims against or assert an interest in any account, fund, or reserve that COUNTY may establish or set aside from the proceeds of the Franchise Fee or otherwise or maintains to cover Liabilities relating to Unpermitted Waste, which established fund or reserve COUNTY is under no obligation to establish or maintain. B. Insurance Without limiting its Indemnities, and in the performance of this CONTRACT and until all its Performance Obligations pursuant to this CONTRACT have been met, CONTRACTOR shall provide and maintain the following programs of insurance at its own expense. Performance Obligations under this Section 4B are in addition to and separate from any other Performance Obligation in this CONTRACT. COUNTY reserves the right to review and adjust the insurance requirements in this Section 4B if COUNTY determines that there have been changes in risk exposures. COUNTY makes no warranty that the insurance coverage terms, types, and limits in this Part 4B is sufficient to protect CONTRACTOR for Liabilities that may arise from or in relation to this CONTRACT. Santa Clarita Valley Exhibit 5: Page 170 Scope of Work - Part 11 Primary, Excess, Non -Contributory All CONTRACTOR'S insurance carried under this Part 4B shall be primary with respect to any other insurance or self-insurance programs available to COUNTY. 2. Cancellation notices All insurance shall contain the express condition that COUNTY is to be given written notice by mail at least 30 days in advance of cancellation, or at least ten days in advance of cancellation for nonpayment of premium, for all policies evidenced on the certificate of insurance. 3. Noncompliance Neither COUNTY'S failure to obtain, nor COUNTY'S receipt of, or failure to object to a noncomplying insurance certificate or endorsement or any other insurance documentation or information provided by CONTRACTOR, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any Performance Obligation under this Part 4B. If CONTRACTOR does not provide and maintain those programs of insurance, COUNTY may purchase required insurance coverage without further notice to CONTRACTOR, and COUNTY may charge CONTRACTOR any premium costs advanced by COUNTY for that insurance and draw on the Performance Assurance provided by CONTRACTOR. 4. Evidence of Insurance: COls and copies of policies At least 30 days prior to the Execution Date and thereafter 30 days prior to each policy renewal and within two business days of any Director request, CONTRACTOR shall deliver a certificate or certificates of insurance or other evidence of coverage acceptable to Director at the address provided for Notices. Certificates or other evidence must: Specifically identify this CONTRACT by name or number name the insured party that matches the name of CONTRACTOR executing this CONTRACT; provide the full name of each insurer providing coverage and the insurer's NAIC (National Association of Insurance Commissioners) identification number, and financial rating. b. r ypes and limits Clearly evidence all coverage, types, and limits required in this CONTRACT. Identify standard policy forms or their equivalent. Coverage may consist of a combination of primary and excess policies. Excess policies must provide coverage as broad as ("follow form" over) the underlying primary policies; Santa Clarita Valley Exhibit 5: Page 171 Scope of Work - Part 11 C. Cancellation notice Contain the express condition that Director is to be given written notice by mail at least 30 days in advance of cancellation (ten days for nonpayment of premium) for all policies evidenced on the certificate of insurance; d. List additional endorsements (1) Additional insured endorsements. Include copies of the additional insured endorsements to General Liability Policy which must add COUNTY and its Special Districts, elected officials, officers, agents, and employees as additional insureds with respect to liability arising out of ongoing and completed Task 1 and Task 2 services, and applicable with respect to liability and defense of suits arising out of CONTRACTOR'S acts or omissions, whether that liability is attributable to CONTRACTOR or COUNTY. The full policy limits and scope of protection must apply to each of those additional insureds even if those limits or scope exceed the minimum required insurance specifications in this CONTRACT. CONTRACTOR may use an automatic additional insured endorsement if the endorsements meet the requirements of this Part 4B. (2) Waiver of Subrogation Endorsements. Include copies of subrogation endorsements necessary to effect CONTRACTOR'S waiver of its and its insurer(s)' rights of recovery against COUNTY under all insurance under this Section 1413, to the fullest extent permitted by law. e. Deductibles and S/Rs Identify any deductibles or self -insured retention ("SIR") exceeding $50,000 for Director's approval. CONTRACTOR'S policies shall not obligate COUNTY to pay any portion of any CONTRACTOR deductible or SIR. COUNTY retains the right to require CONTRACTOR to reduce any deductibles or self -insured retention as they apply to COUNTY or to require CONTRACTOR to provide a bond, letter of credit, or certificate of deposit guaranteeing payment of all retained losses and related costs, including expenses, or both, related to investigations, claims administrations, and defense. The bond must be executed by a corporate surety licensed to transact business in the State of Santa Clarita Valley Exhibit 5: Page 172 Scope of Work - Part 11 California; the letter of credit must be issued by a bank or other financial institution acceptable to Director. If CONTRACTOR has not reached its SIR maximum, CONTRACTOR shall defend COUNTY in the same manner that insurers would have defended COUNTY under required insurance policies. f. Signature verification Include documentation acceptable to Director verifying that the individual signing or countersigning the certificates, and at Director's request, the policies, endorsements, or other evidence of coverage, is authorized to do so and identifies his or her company affiliation and title. g. Certified Copies of any Policy COUNTY'S request, CONTRACTOR shall promptly provide COUNTY with complete, certified copies of any policy of insurance that CONTRACTOR must secure and maintain under this CONTRACT. h. Claims Made/Retroactive Date The policy retroactive date, which can be identified on any insurance written on claims made basis, which must precede the Execution Date. CONTRACTOR shall maintain any claims made coverage for a period of not less than 3 years following expiration, termination, or cancellation of this CONTRACT. i. Insured -vs. -insured Clearly evidence that all liability policies provide cross -liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured -versus -insured exclusions or limitations. 5. Insurer Financial Rating CONTRACTOR shall secure insurance provided by an insurance company acceptable to COUNTY with a rating by A.M. Best Company of not less than A: VII, unless otherwise approved by COUNTY. 6. Notification of Incidents, Claims, or Suits CONTRACTOR shall promptly report the following in writing to Director: Santa Clarita Valley Exhibit 5: Page 173 Scope of Work - Part 11 a. Any accident or incident relating to the Task 1 and Task 2 services involving injury or property damage that may result in the filing of an insurance claim, its legal claim, or lawsuit against CONTRACTOR, any Subcontractor, and/or COUNTY; b. Any third -party claim or lawsuit filed against CONTRACTOR arising from or related to Task 1 and Task 2 services; C. Any injury to a CONTRACTOR employee that occurs on COUNTY property, or, d. Any loss, disappearance, destruction, misuse, or theft of COUNTY property, money, or securities entrusted to CONTRACTOR. CONTRACTOR shall submit its report on a COUNTY "Nonemployee Injury Report" form available on COUNTY'S website at http://cao.co.la.ca.us/RMB/Pdf/NonEmployeeIniuryReport.Pdf. 7. Insurance Coverage Requirements. CONTRACTOR shall secure and maintain insurance coverage meeting the following requirements: a. General Liability Insurance (written on ISO policy form CG 00 01 or its equivalent) with limits of not less than the following: General Annual Aggregate: $4 million Products/Completed Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million The general liability policy must provide contractual liability coverage for CONTRACTOR'S indemnification of COUNTY. b. Pollution Liability Coverage for pollution conditions resulting from transported cargo, with annual limits of not less than $2 million per occurrence and $4 million aggregate, covering loss (including cleanup costs) that CONTRACTOR becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs (including expenses required by environmental laws or incurred by Federal, State, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this Part 4137b, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous, or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or Santa Clarita Valley Exhibit 5: Page 174 Scope of Work - Part 11 Cd any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered. The pollution liability coverage must provide contractual liability coverage, by endorsement, if necessary, for CONTRACTOR'S indemnification of COUNTY. CONTRACTOR'S general liability policy may be endorsed to provide the required pollution liability coverage. C. Automobile Liability Coverage (written on ISO policy forms CA 00 12 or CA 00 20 or their equivalent) with a limit of liability not less than $2 million for each accident and endorsed to include pollution liability (written on form CA 99 48 or its equivalent). The insurance must cover all Vehicles used by CONTRACTOR pursuant to its operations and services and the terms of this CONTRACT. CONTRACTORS subject to Federal regulations also shall maintain any other coverage necessary to satisfy State or Federal financial responsibility requirements. d. Workers' Compensation and Employers' Liability insurance providing workers' compensation benefits required by the California Labor Code or by any other State labor law, and for which CONTRACTOR is responsible. In all cases, this insurance must also include Employers' Liability coverage with limits of not less than the following: (1) Each accident: $1 million (2) Disease - policy limit: $1 million (3) Disease - each employee: $1 million 8. Insurance Coverage Requirements for Subcontractors CONTRACTOR shall ensure that all Subcontractors performing Task 1 and Task 2 services under this CONTRACT secure and maintain the insurance coverage required in Part 4131 through B7 by providing evidence that either: o CONTRACTOR is maintaining the required insurance covering the activities of Subcontractors, or o Subcontractors are maintaining the required insurance coverage. CONTRACTOR shall provide COUNTY with any Subcontractor request to modify that insurance coverage and get COUNTY approval prior to modification. Compensation for COUNTY Costs If CONTRACTOR fails to comply with any Performance Obligations, including Indemnification, insurance, and performance assurance and that failure results in any costs to COUNTY, CONTRACTOR shall pay full compensation for all COUNTY's Reimbursement Costs. Santa Clarita Valley Exhibit 5: Page 175 Scope of Work - Part 11 D. Alternative Risk Financing Programs COUNTY reserves the right to review and then approve CONTRACTOR'S use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements, and captive insurance to satisfy Performance Obligations under this Part 4B. COUNTY and Persons named as additional insureds under Part 4134d shall be designated as an Additional Covered Party under any approved program. Santa Clarita Valley Exhibit 5: Page 176 Scope of Work - Part 11 PART 5 - Part no longer used PART 6 - DEBARMENT BREACHES AND DEFAULTS; SUSPENSION; TERMINATION A. Notice of Breach; CONTRACTOR Cure If Director determines that CONTRACTOR is in Breach, Director may give Notice to CONTRACTOR identifying and describing the Breach. CONTRACTOR shall remedy the Breach within 30 days from the receipt of Notice unless Director determines that the public health and safety require a shorter period. CONTRACTOR shall remedy a Breach or with respect to the Child Support Compliance Program described in Part 11 B of Exhibit 5, 90 days after notice by COUNTY's Child Support Services Department. Director will hold a conference with CONTRACTOR within 30 days of CONTRACTOR request. CONTRACTOR may request additional time to correct the Breach, but Director may accept or reject that request at its sole discretion. B. CONTRACTOR Default. The following constitute CONTRACTOR Defaults 1. Fraud, Misrepresentation, or Breach of Warranties CONTRACTOR committed any fraud or deceit or made any intentional misrepresentations in the procurement of this CONTRACT; commits, or attempts to commit, any fraud or deceit upon COUNTY after the Award Date of this CONTRACT; makes any material misrepresentations or breaches any warranties in this CONTRACT (including Attachment 5-91-1); or includes any materially false or misleading statement, representation, or warranty in any Record or Report. 2. Insolvency or Bankruptcy CONTRACTOR becomes insolvent or files a voluntary petition to declare bankruptcy; a receiver or trust is appointed for CONTRACTOR; or CONTRACTOR executes an assignment for the benefit of creditors. CONTRACTOR is deemed to be "insolvent" if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether CONTRACTOR has committed an act of bankruptcy and whether CONTRACTOR is insolvent within the meaning of the Federal bankruptcy law or not. 3. Failure to Provide Insurance, Bonds CONTRACTOR does not provide or maintain in full force and effect all insurance and other assurances of its Performance Obligations, including as required under Part 4 of Exhibit 5 and Section 15, or provide evidence of insurance coverage acceptable to Director. Santa Clarita Valley Exhibit 5: Page 177 Scope of Work - Part 11 4. Material or Repeated Violation of Applicable Law a. Any material Violation of Applicable Law That is not cured to the satisfaction of Director or applicable Regulatory Agency within 30 days of the notice, assessment, or determination of that Violation of Applicable Law; or b. Any repeated Violation of Applicable Law If CONTRACTOR is entitled to and does contest a notice, assessment, or determination of Violation of Applicable Law by proceedings conducted in good faith, no CONTRACTOR Default will be deemed to have occurred until a final decision adverse to CONTRACTOR is entered. 5. Failure to Collect for Seven Days Unless due to Uncontrollable Circumstances or otherwise approved by Director, CONTRACTOR fails to Collect from all Occupants with respect to Task 1 or to provide Task 2 services for seven consecutive calendar days. 6. Failure to Collect for More Than Seven Days With respect to Task 1 or Task 2 Services, if due to Uncontrollable Circumstances, CONTRACTOR fails to Collect from all Occupants or provide Task 2 Services for a period of more than seven consecutive calendar days. 7. Payments to COUNTY CONTRACTOR does not timely and fully make any required payment to COUNTY required under this CONTRACT (including payments such as Franchise Fees, damages, or COUNTY's Reimbursement Costs): a. More than twice in any Calendar Year; b. Within 60 days of Notice by Director that payment is due; or C. With respect to payment of a shortfall in Franchise Fees, within 60 days of Notice in accordance with Section 9C. 8. Specified CONTRACTOR Defaults CONTRACTOR Breaches any of the following Sections: a. Part 11B of Exhibit 5 Child Support Compliance Program (if not cured within 90 days of Notice given as described in Part 6 of Exhibit 5); Santa Clarita Valley Exhibit 5: Page 178 Scope of Work - Part 11 b. Part 12C1 of Exhibit 5 Compliance with ILO Convention Concerning Minimum Age for Employment; C. Part 12D of Exhibit 5 Nondiscrimination; d. Part 12F of Exhibit 5 COUNTY Lobbyist Ordinance; or e. Part 6F of Exhibit 5 Termination for Breach of Warranty to Maintain Compliance with COUNTY's Defaulted Property Tax Reduction Program. 9. Uncured or Repeated Breach CONTRACTOR does not timely cure any other Breach in accordance with item A or CONTRACTOR Breaches any of its Performance Obligations repeatedly or habitually, as determined by Director at their sole discretion, if a specific instance of failure or refusal has been previously cured. However, this CONTRACTOR Default will be excused for a period of seven days beginning on the first occurrence of that CONTRACTOR Default in the event of Uncontrollable Circumstances, if the event materially affects CONTRACTOR'S ability to provide Task 1 and Task 2 services. Nevertheless, if Uncontrollable Circumstances interrupt, Collection, Customers and Occupants may take actions and COUNTY may exercise any of its rights under Section 11. This CONTRACTOR Default will not be excused if it continues for a period of more than seven days beginning on the first occurrence of this CONTRACTOR Default. 10. Improper Consideration COUNTY finds that consideration, in any form, was offered or given by CONTRACTOR either directly or through an intermediary to any COUNTY officer, employee, or agent with the intent of securing this CONTRACT or securing favorable treatment with respect to the award, amendment, or extension of this CONTRACT or the making of any determinations with respect to CONTRACTOR'S performance under this CONTRACT where that consideration may take any form including cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. 11. Default Under Guaranty A default exists under the guaranty, if any, provided in the most recent annual public financial reports and other periodic public financial reports of CONTRACTOR and, at Director's request, each of its Affiliates and other entities, if any, performing Contract Services or providing Goods or Services; provided however, that if CONTRACTOR did not submit its own financial reports before the Execution Date of this CONTRACT, it must provide a Santa Clarita Valley Exhibit 5: Page 179 Scope of Work - Part 11 guaranty in the form provided by Director, by a guarantor satisfactory to Director, which guarantor must provide its own audited financial reports; C. Notice of CONTRACTOR Default 1. Effective Immediately COUNTY may terminate this CONTRACT effective immediately after Notice by Director to CONTRACTOR of any of the following CONTRACTOR Defaults: a. Any CONTRACTOk ,veraujr, rr COUNTY oerermnes that protection of public health and safety requires immediate suspension or termination; b. A CONTRACTOR Default in Part 6B3 of Exhibit 5 (failure to provide insurance, bonds); C. A CONTRACTOR Default described in Part 6B4 of Exhibit 5 (material or repeated Violation of Applicable Law, including COUNTY Lobbyist Ordinance); d. A CONTRACTOR Default described in Part 6B 10 of Exhibit 5 (improper consideration). 2. Effective 30 Days COUNTY may terminate this CONTRACT effective 30 days after Notice by Director to CONTRACTOR of any CONTRACTOR Default other than CONTRACTOR Defaults listed in this Part 6C1 of Exhibit 5 or termination events listed in Part 6D of Exhibit 5. 3. Effective 15 Days COUNTY may terminate this CONTRACT effective 15 days after Notice by Director to CONTRACTOR of COUNTY'S right to terminate this CONTRACT in the event of Criminal Activity in accordance with Part 9K of Exhibit 5 and Part 6D2c of Exhibit 5. 4. Effective Ten Days COUNTY may terminate this CONTRACT effective ten days after Notice given by Director for failure to comply with COUNTY Defaulted Property Tax Reduction Program in accordance Part 6F of Exhibit 5. D. Suspension or Termination of CONTRACT 1. Suspension Together with any other rights COUNTY may have under this CONTRACT, Director may suspend this CONTRACT, in whole or in part, for a period of Santa Clarita Valley Exhibit 5: Page 180 Scope of Work - Part 11 0 45 days effective immediately upon Notice to CONTRACTOR in any of the following events: A CONTRACTOR Default b. COUNTY Right COUNTY exercise of its right to suspend this CONTRACT under Part 9K of Exhibit 5 in the event of Criminal Activity of CONTRACTOR; or )they Any other CONTRACTOR Default in Exhibits 3A1 or 3A2. During that 45-day period CONTRACTOR shall have the opportunity to demonstrate to Director that CONTRACTOR can once again fully perform Task 1 and Task 2 Services in accordance with this CONTRACT. If CONTRACTOR so demonstrates, COUNTY'S right to suspend this CONTRACT will cease and CONTRACTOR may resume providing services. If CONTRACTOR does not so demonstrate, COUNTY may continue the suspension and terminate this CONTRACT and exercise any other rights and remedies under this CONTRACT. Tprminnfinn a. Fa C. CONTRACTOR Default COUNTY may terminate this CONTRACT, in whole or in part, upon the occurrence of a CONTRACTOR Default and Notice to CONTRACTOR at the times provided in Part 6D3 of Exhibit 5. Failure to Agree on Service Fee Adjustment. Notwithstanding the foregoing, COUNTY may terminate this CONTRACT on 6 months' Notice if in the judgment of Director, COUNTY and CONTRACTOR are unable to reach satisfactory CONTRACT to adjust Service Fees in accordance with items B, C, D, and E of Exhibit 7 for a Change in Law or changes in Service Specifications or Service Standards after good faith negotiations during a period of at least 30 days. Criminal Activity COUNTY may terminate this CONTRACT upon Notice required in Part 6C of Exhibit 5 if COUNTY exercises its right to terminate this Santa Clarita Valley Exhibit 5: Page 181 Scope of Work - Part ll CONTRACT under Part 9K of Exhibit 5 in the event of Criminal Activity of CONTRACTOR. d. Annexation of Service Area Upon request of Director, CONTRACTOR shall use Reasonable Business Efforts to cooperate with a local agency with respect to providing Task 1 and Task 2 Services or MSW Management Services, in the following events: (1) the Service Area is annexed by that local agency in accordance with applicable laws, and (2) the Parties agree to amend this CONTRACT to delete the annexed area from the definition of "Service Area". 3. Suspension/Termination for Nonappropriation of Funds Notwithstanding any other provision of this CONTRACT, COUNTY shall not be obligated for CONTRACTOR's performance hereunder, with respect to County Services under this Exhibit during any of COUNTY's future Fiscal Years unless and until the Board appropriates funds for this CONTRACT in COUNTY's budget for each such future Fiscal Year. If funds are not appropriated for this CONTRACT, then this CONTRACT may be suspended or terminated as of June 30 of the last Fiscal Year for which funds were appropriated. Director will notify CONTRACTOR in writing of any such nonallocation of funds as soon as possible. 4. Suspension/Termination for Convenience (County Services Only) a. COUNTY'S Best Interest With respect to County Services only, COUNTY policy requires that this CONTRACT may be suspended or terminated, in whole or in part, from time to time, when COUNTY deems such action, at its sole discretion, to be in its best interest. Suspension or termination of work hereunder shall be affected by Notice of suspension or termination to CONTRACTOR specifying the extent to which performance of work is suspended or terminated and the date upon which such suspension or termination becomes effective. The date upon which such suspension or termination becomes effective shall be no less than ten days after the Notice is sent. Santa Clarita Valley Exhibit 5: Page 182 Scope of Work - Part 11 b. Stop Suspended/Terminated Work; Complete Non -Suspended/ Terminated After receipt of a Notice of suspension or termination and except as otherwise directed by Director, CONTRACTOR shall: Stop work under this CONTRACT on the date and to the extent specified in such Notice; and (2) Complete performance of such part of the work as shall not have been suspended or terminated by such notice. C. Records Retention All material including books, records, documents, or other evidence bearing on the costs and expenses of CONTRACTOR under this CONTRACT shall be maintained by CONTRACTOR in accordance with Section 9A and Part 3G of Exhibit 5. d. Completion of Work If this CONTRACT is suspended or terminated, CONTRACTOR shall complete within Director's suspension or termination date contained within the Notice of suspension or termination, those items of work which are in various stages of completion, which Director has advised CONTRACTOR are necessary to bring the work to a timely, logical, and orderly end. Reports, samples, and other materials prepared by CONTRACTOR under this CONTRACT shall be delivered to Director upon request and shall become the property of COUNTY. e. Suspension or Termination in Part COUNTY may suspend or terminate part of this CONTRACT. An example of suspension or termination in part is suspending Task Service but not Task 2 Service. E. CONTRACTOR Responsibility and Debarment Child Support Compliance Program COUNTY may debar CONTRACTOR from doing business with COUNTY if COUNTY determines after giving notice and conducting a hearing in accordance with Chapter 2.202 of COUNTY Code, which shall apply to this CONTRACT, that CONTRACTOR (or any of its Subcontractors) is not responsible within the meaning of Chapter 2.202 and in accordance with COUNTY'S policy to do business with responsible contractors; CONTRACTOR'S failure to comply with the Child Support Compliance Santa Clarita Valley Exhibit 5: Page 183 Scope of Work - Part 11 Program, as provided in Part 11 B of Exhibit 5, may be cause for debarment in accordance with Section 2.200.020 of COUNTY Code. 2. COUNTY Defaulted Property Tax Reduction Program COUNTY may debar CONTRACTOR from doing business with COUNTY as provided in item F2 of this Exhibit. F. Termination For Breach Of Warranty To Maintain Compliance With County Defaulted Property Tax Reduction Program 1. CONTRACTOR Default Failure of CONTRACTOR to maintain compliance with the requirements set forth in Part 11 C of Exhibit 5 shall constitute a CONTRACTOR Default under Part 6B of Exhibit 5 2. Termination/Debarment Without limiting the rights and remedies available to COUNTY under any other provision of this CONTRACT, failure of CONTRACTOR to cure that CONTRACTOR Default within ten days of Notice shall be grounds upon which COUNTY may terminate this CONTRACT under Part 6D2 of Exhibit 5 and/or pursue debarment of CONTRACTOR pursuant to COUNTY Code Chapter 2.206 and Part 6E2 of Exhibit 5. Santa Clarita Valley Exhibit 5: Page 184 Scope of Work - Part 11 PART 7 - Part no longer used PART 8 - TRANSFER OF CONTRACT A. COUNTY Consent CONTRACTOR may not Transfer this CONTRACT, any Franchise granted under it, or any rights or duties under it, in whole or in part, and whether voluntarily or involuntarily, without COUNTY'S prior written consent given at COUNTY'S sole discretion. Any Transfer or attempted Transfer of this CONTRACT, the franchise granted under it or any rights and duties under it, made without COUNTY'S consent, at COUNTY'S option, will be invalid. COUNTY'S consent must be a written amendment to this CONTRACT that is formally approved by the Board of Supervisors and executed by (1) CONTRACTOR and (2) the Board, or if delegated by the Board, Director. Any Transfer, with or without consideration for any reason whatsoever without COUNTY'S (or Director's, if applicable) express prior written approval, shall be a Breach of this CONTRACT, which may result in the termination of this CONTRACT. In the event of such termination, COUNTY shall be entitled to pursue the same remedies against CONTRACTOR as it could pursue in the event of default by CONTRACTOR. COUNTY may condition consent on payment of amounts specified in Exhibit 3A1, Exhibit 3A2, and Exhibit 3A3 in consideration for the value of good will and intangibles that accrued to COUNTY and Customers and Occupants in the award of this CONTRACT to CONTRACTOR. "Transfer" means an action (or inaction) that has any of the following direct (or indirect) effects: 1. Control or Ownership of CONTRACTOR Changing any or all of the following: • The effective control of CONTRACTOR, or • Ownership interest of CONTRACTOR (including buyout, merger, acquisition, consolidation, reorganization, recapitalization, stock (re)issuance, voting trust, pooling agreement, escrow arrangement, dissolution, or liquidation (except to Immediate Family or a trust created primarily to benefit members of the Immediate Family) unless CONTRACTOR proves to satisfaction of COUNTY less than 25 percent of ownership interest has changed; 2. Control or Ownership of Contract Service Assets Changing either or both of the following: • The effective control. Santa Clarita Valley Exhibit 5: Page 185 Scope of Work - Part 11 • The ownership (actual or constructive) of Contract service assets (except for sales or Transfers to the Immediate Family or a trust created primarily to benefit the Immediate Family) unless CONTRACTOR proves to satisfaction COUNTY that less than 20 percent of the value of franchise service assets has changed ownership. 3. Someone Other Than CONTRACTOR Performing Contract Services Resulting in someone other than CONTRACTOR performing contract services or assuming the obligation to provide contract services (including substitution of someone else by a surety company providing a performance bond, franchise assignment, transfer, conveyance, sublease, or licensing). For purposes of this definition, an action (or inaction) includes assignment by operation of law, such as insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment of an execution levied against this Agreement, appointment of a receiver taking possession of any of CONTRACTOR's tangible or intangible property, or transfer occurring in a probate or other estate proceeding. "Immediate Family" means parents, grandparents, siblings, children, and grandchildren of individuals having a shareholder or other equity interest in CONTRACTOR as of the franchise date. "ownership" means the state or fact of being the direct (or indirect), actual (or constructive) owner of property, including a parent holding corporation owning stock of a subsidiary corporation that in turn owns stock in its own subsidiary corporation(s). B. CONTRACTOR Demonstration Without obligating Director to give consent, CONTRACTOR shall demonstrate to Director's satisfaction that the proposed transferee has the operational and financial ability to satisfy CONTRACTOR'S Performance Obligations. C. Payment of COUNTY's Transfer Costs 1. Transfer Deposit CONTRACTOR must make any request for Director's consent to a Transfer in the manner prescribed by Director. Director may condition consent to any Transfer, other than a Transfer to an Affiliate, on CONTRACTOR'S payment to COUNTY of $5.00 per Customer. CONTRACTOR shall pay COUNTY a Transfer Deposit before Director's consideration of Santa Clarita Valley Exhibit 5: Page 186 Scope of Work - Part 11 CONTRACTOR'S request. COUNTY will return to CONTRACTOR any amounts paid more than the Transfer Costs incurred. 2. Additional Transfer Costs While COUNTY'S processing CONTRACTOR'S request for Transfer, CONTRACTOR shall further pay COUNTY its additional Transfer more than the Transfer Deposit within 30 days of Director's request therefore, if Director approves the Transfer. At CONTRACTOR'S request, COUNTY will provide CONTRACTOR access to all records evidencing the Transfer Costs incurred. D. COUNTY's Reimbursement Costs of Enforcement In addition, CONTRACTOR shall pay COUNTY's Reimbursement Costs for fees and investigation costs as COUNTY may deem necessary to enjoin the Transfer or to otherwise enforce this provision within 30 days of COUNTY'S request therefore. Any payment by COUNTY to any approved delegate or transferee on any claim under this CONTRACT shall be deductible, at COUNTY's sole discretion, against the claims which CONTRACTOR may have against COUNTY. Santa Clarita Valley Exhibit 5: Page 187 Scope of Work - Part 11 PART 9 - GENERAL PROVISIONS A. Exercise of Options Parties will exercise any approval, disapproval, consent, judgment, option, discretion, election, opinion, or choice under this CONTRACT, make a requirement under this CONTRACT or interpret this CONTRACT ("Discretionary Action") reasonably. Any mediator, arbitrator, or court must find the Party's exercise to be reasonable. Recognizing the essential public health and safety protections this CONTRACT serves, where this CONTRACT specifically provides that the exercise of any Discretionary Action is in either Party's independent, sole, exclusive, or absolute discretion, control, or judgment, the other Party will not question or challenge the first Party's exercise thereof. Parties will nevertheless exercise their rights and remedies in good faith in accordance with Applicable Law. B. Independent Status CONTRACTOR is an independent entity and not an officer, agent, servant, or employee of COUNTY. This CONTRACT is between COUNTY and CONTRACTOR and is not intended, and will not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between COUNTY and CONTRACTOR, including for purposes of workers' compensation. CONTRACTOR is solely responsible for the acts and omissions of its officers, agents, employees, and any Subcontractors. Nothing in this CONTRACT will be construed as creating an arrangement for handling Unpermitted Waste. CONTRACTOR bears the sole responsibility and liability for furnishing workers' compensation and all other benefits required by law to any individual for injuries arising from or connected with Task 1 and Task 2 Services performed on behalf of CONTRACTOR under this CONTRACT. C. Damage to Property and Personal Injury CONTRACTOR shall not cause damage to property or personal injury. At its sole expense, CONTRACTOR shall repair or replace to the satisfaction of the owner of damaged property, any physical damage to public or private property and shall reimburse to the satisfaction of an injured individual, the cost of any personal injury caused by the negligent or willful acts or omissions of CONTRACTOR. COUNTY may refer all complaints of damage or injury to CONTRACTOR as a matter within CONTRACTOR'S sole responsibility. Notwithstanding any Rights COUNTY has for breach of CONTRACT, disputes between CONTRACTOR and Persons as to damage to private pavement or other property or to injury are civil matters between CONTRACTOR and that Person, and the Person may institute suits with respect thereto as allowed by law. Santa Clarita Valley Exhibit 5: Page 188 Scope of Work - Part 11 D. Venue In the event of litigation between the Parties, venue in State of California trial courts will lie exclusively in COUNTY. In the event of litigation in a United States District Court, exclusive venue will lie in the Central District of California. E. Changes and Amendments Changes following Notice The following changes in this CONTRACT after the Execution Date will be effective after Notice from Director to CONTRACTOR (or with respect to certain changes referenced in item b, from CONTRACTOR to Director, in accordance with Section 3D2a) as consented to by CONTRACTOR: a. Changes in the scope of Task 1 and Task 2 Services and Service Specifications and minimum Service Standards that do not result in a Customer Service Fee adjustment in accordance with Section 3C or change in County Service Fee b. Changes to Exhibit 3D CONTRACTOR Documentation C. Changes to Attachment 5-9G Authorized Representative of Director d. Immaterial changes to immaterial Performance Obligations 2. Written Amendments The following changes in this CONTRACT after the Execution Date will be effective only upon execution of a written amendment to this CONTRACT, including warranties by the Parties in accordance with Section 1413: a. Changes in the scope of Task 1 and Task 2 Services and Service Standards that result in a Customer Service Fee adjustment in accordance with Section 3C or change in County Service Fee; and b. Material changes to material Performance Obligations (such as the period of performance, payments, or any material term or condition included in this CONTRACT). F. Notices All Notices required or permitted to be given under this CONTRACT must be in writing with proof of delivery and acknowledgment by recipient. All Notices to COUNTY must be addressed to Director as provided in Attachment 5-9G, on CONTRACTOR letterhead, and signed by authorized representative. All Notices to CONTRACTOR must be addressed to the authorized representative of Santa Clarita Valley Exhibit 5: Page 189 Scope of Work - Part 11 CONTRACTOR named in CONTRACTOR Documentation in Exhibit 3D (who will be CONTRACTOR'S primary contact under this CONTRACT). COUNTY Notice to CONTRACTOR is deemed effective on the date delivered with evidence of receipt or three days after the date of mailing, as evidenced in proof of mailing and post -marked date on envelope. Notices of suspension or termination of this CONTRACT may be personally delivered to any individual whose actual knowledge of suspension or termination would be sufficient notice to CONTRACTOR, including: 1. An individual, if CONTRACTOR is a sole proprietor; 2. Copartner, if CONTRACTOR is a partnership; or 3. The president, vice president, secretary, or general manager, if CONTRACTOR is a corporation. G. Authorized Representative of Director COUNTY authorizes Director to make requests or requirements of CONTRACTOR or give approvals under this CONTRACT, excluding consents to Transfer or written amendments of this CONTRACT. The authorized representative of Director named in Attachment 5-9G is CONTRACTOR'S primary contact under this CONTRACT and can be contacted as provided in Attachment 5-9G. CONTRACTOR shall give that authorized representative a copy of all Notices in accordance with Part 9F of Exhibit 5. From time to time, Director may change Attachment 5-9G by Notice to CONTRACTOR. H. Authority and Representations; COUNTY Disclaimer 2. COUNTY COUNTY represents and disclaims as follows: a. Status COUNTY is a political subdivision of the State of California. b. Authority and Authorization COUNTY has full legal right, power, and authority to execute and deliver this CONTRACT and perform its obligations under this CONTRACT. This CONTRACT has been duly executed and delivered by COUNTY and constitutes a legal, valid, and binding obligation of COUNTY enforceable against COUNTY in accordance with its terms. Santa Clarita Valley Exhibit 5: Page 190 Scope of Work - Part 11 J. K. C. No Warranty Regarding Waste Characterization COUNTY makes no representations or warranties with respect to the waste characterization within COUNTY, any waste disposal characterization study, or projections by material type with respect to waste in COUNTY. COUNTY expressly disclaims any representations and warranties, either express or implied, as to the merchantability or fitness for any purpose of Solid Waste or any portion thereof. 2. CONTRACTOR CONTRACTOR represents and warrants as provided in Attachment 5-9H. Limitation on Terms and Conditions With respect to Task 1 only, CONTRACTOR shall limit the terms of terms and conditions to no longer than the remaining period of the Term. CONTRACTOR may not include in the terms of terms and conditions any automatic renewals or extensions, colloquially referred to as "evergreen" clauses, which obligate a Customer to take affirmative, prescribed action (such as written notice within a specified time before the stated expiration of the terms and conditions) to terminate the terms and conditions. 21-Day Notice by Customer CONTRACTOR shall give each Customer the conditions without cause on 21-days' notice. advanced payment for service after termination. Criminal Activity Notice option to terminate its terms and CONTRACTOR shall refund any CONTRACTOR shall immediately give Notice to Director on the occurrence of any convictions of a Criminal Activity or any pleas of "guilty," "nolo contendere," or "no contest" to a Criminal Activity with respect to CONTRACTOR or any of its CONTRACTOR Managers (except for CONTRACTOR Managers in a Position of Influence). CONTRACTOR shall use Reasonable Business Efforts to immediately give Notice to Director on the occurrence of any convictions or any pleas with respect to CONTRACTOR or any of its CONTRACTOR Managers in a Position of Influence, and any of its CONTRACTOR employees who come in direct contact with the residents. Santa Clarita Valley Exhibit 5: Page 191 Scope of Work - Part 11 2. CONTRACTOR Cure Upon the occurrence of any conviction or any plea described in Part 9K1 of Exhibit 5, CONTRACTOR immediately shall do or cause to be done both of the following: Terminate Terminate from employment or remove from office any offending CONTRACTOR Manager who is an individual, or with respect to CONTRACTOR or an Affiliate, the individual or individuals responsible for the Criminal Activity; and b. Eliminat( Eliminate the participation in management of CONTRACTOR by that CONTRACTOR Manager who is an individual or, with respect to CONTRACTOR or an Affiliate, the individual or individuals responsible for the Criminal Activity from any Position of Influence. 3. COUNTY Remedies COUNTY may suspend or terminate this CONTRACT or may impose other sanctions (which may include financial sanctions or any other condition deemed appropriate short of suspension or termination), as it deems proper, in either or both the following events: a. CONTRACTOR or any Affiliate fails to effectuate the cure described in Part 9K2 of Exhibit 5; or b. The Criminal Activity is related to this CONTRACT or occurring in COUNTY. 4. Limitations on CONTRACTOR Manager No CONTRACTOR Manager may have previously been convicted of a Criminal Activity or any plea of "guilty," "nolo contendere," or "no contest" to a Criminal Activity. 5. CONTRACTOR Documentation CONTRACTOR shall list all CONTRACTOR Managers in CONTRACTOR Documentation in Exhibit 3D. Delay of Perfnr rmr+ hire Obligations Immediately upon learning that any actual or potential circumstance is delaying or threatening to delay the timely satisfaction of a Performance Obligation, Santa Clarita Valley Exhibit 5: Page 192 Scope of Work - Part 11 CONTRACTOR shall give Director a Notice of the delay, including all relevant information, such as identifying the Performance Obligation, circumstance, and duration of the delay, and whether or not CONTRACTOR believes that the delay is due to Uncontrollable Circumstances. CONTRACTOR shall propose a solution for Director approval. M. Subcontractors CONTRACTOR shall not engage any Subcontractor in an amount exceeding $50,000 for any individual Subcontractor without prior Director approval of the Subcontract and Subcontractor. CONTRACTOR is responsible for directing the work of CONTRACTOR'S Subcontractors and any compensation due or payable to CONTRACTOR'S Subcontractors is the sole responsibility of CONTRACTOR. CONTRACTOR shall remove any approved Subcontractor for good cause at Director's request. CONTRACTOR shall identify all Subcontractors in CONTRACTOR Documentation in Exhibit 3D. In its Annual Report, CONTRACTOR shall disclose to Director the name of all Subcontractors, the amount of Goods or Services that each Subcontractor provides to CONTRACTOR, and a description of CONTRACTOR'S relationships to each Subcontractor (including ownership interests). Santa Clarita Valley Exhibit 5: Page 193 Scope of Work - Part 11 PART 10 - DEFINITIONS AND INTERPRETATION OF CONTRACT A. Definitions Defined words in this CONTRACT have the meanings given in Attachment 5-10A. B. Interpretation and Construction Gender and Plurality Words of the masculine gender include correlative words of the feminine and neuter genders and vice versa. Words importing the singular number include the plural number and vice versa unless the context demands otherwise. (For example, reference to a defined "Solid Waste Facility" may include reference to more than one facility identified by CONTRACTOR in CONTRACTOR Documentation in Exhibit 3D.) 2. Headings; Font Any captions or headings following the Exhibit, Attachment, Section, subsection, paragraph, and other attachments and subdivisions of this CONTRACT that precede the operative text of this CONTRACT are for convenience of reference only and do not control or affect the scope, intent, meaning, construction, interpretation, or effect of this CONTRACT. Any underlined, italicized, bold-faced, upper captioned or other font style is for ease of reading and contract administration only and does not imply relative importance or unimportance of any provision of this CONTRACT. 3. References to Parts References to Sections refer to Sections of this CONTRACT, unless specified otherwise. References to Exhibits and Attachments refer to Exhibits and Attachments attached to this CONTRACT. Reference to "subsections" refers to the subsections contained in the same Section in which the reference occurs, unless otherwise referenced. 4. Examples Examples are for purpose of illustration only. If any example is ambiguous, inconsistent, or conflicts with the text that it illustrates, the text governs. 5. Specifics No Limitation on Generalities The mention of any specific duty or liability imposed on CONTRACTOR may not be construed as a limitation or restriction of any general liability or duty imposed on CONTRACTOR by this CONTRACT or Applicable Law. Santa Clarita Valley Exhibit 5: Page 194 Scope of Work - Part 11 6. Exhibits The exhibits to this CONTRACT, including their attachments, are part of this CONTRACT to the same extent and effect as if included in the text of Sections 1 through 16. 7. Inconsistencies and Conflicts a. If any provision of Exhibits 3A1, 3A2, or 3A3 is inconsistent or conflicts with Sections 1 through 16 or Exhibit 5 of this CONTRACT or any other Exhibits or Attachments to this CONTRACT, then the provisions of Exhibits 3A1, 3A2, and 3A3 will govern, and b. If any provision of Sections 1 through 16 or Exhibit 5 of this CONTRACT is inconsistent or conflicts with any Exhibit (other than Exhibits 3A1, 3A2, or 3A3), including CONTRACTOR Documentation, then the provision of Sections 1 through 16 or Exhibit 5 of this CONTRACT will govern unless Director determines that it is contrary to the interest of the Parties. C. Integration This CONTRACT contains the entire CONTRACT between the Parties with respect to the rights and responsibilities of the Parties under this CONTRACT. This CONTRACT completely and fully supersedes all prior oral and written understandings and contracts between the Parties with respect to those rights and responsibilities. D. Governing Law This CONTRACT is governed by, and construed and enforced in accordance with the law of the State of California, without giving effect to the State's principles of conflicts of laws. E. Severability If any clause, sentence, provision, subsection, or Section of this CONTRACT or Exhibit to this CONTRACT (an "CONTRACT Provision") is ruled illegal, invalid, nonbinding, or unenforceable by any court of competent authority, then the Parties will take the following actions: Promptly meet and negotiate a substitute for the CONTRACT Provision and any related amendments, deletions, or additions to other provisions of this CONTRACT, which together effect the Parties' original intent to the greatest extent allowable under Applicable Law; and Santa Clarita Valley Exhibit 5: Page 195 Scope of Work - Part 11 2. If necessary or desirable to accomplish preceding item 1, apply to the court that declared the invalidity for a judicial construction of the substituted CONTRACT Provision and any amendments, deletions, or additions to this CONTRACT. Within ten days of Director's request, CONTRACTOR shall pay COUNTY an amount equivalent to 100 percent of the Direct Costs of the application. The illegality, invalidity, nonbinding nature, or unenforceability of any CONTRACT Provision will not affect any of the remaining provisions of this CONTRACT, and this CONTRACT will be construed and enforced as if the CONTRACT Provision did not exist. F. Interpretation This CONTRACT will be interpreted and construed neither for nor against either Party, regardless of the degree to which either Party participated in its drafting. CONTRACTOR acknowledges that it determined to provide Contract Services in the Service Area and to execute this CONTRACT upon CONTRACTOR'S own choice and initiative. Each Party represents and warrants that it and its counsel have reviewed this CONTRACT, and the Parties agree that no provision in this CONTRACT will be construed against the drafting Party. Santa Clarita Valley Exhibit 5: Page 196 Scope of Work - Part 11 PART 11 - COMPLIANCE WITH LAWS AND REGULATIONS A. Applicable Law 1. Compliance CONTRACTOR shall secure and maintain all permits, licenses, registration, agreements, and comply with all Applicable Laws, including (as required by 13 CCR 2021.1) all applicable air pollution control laws such as Diesel Particulate Matter Control Measure of on -road, heavy-duty, and the Property Tax Reduction Ordinance. No obligation in this CONTRACT may be construed to relieve CONTRACTOR of any obligations imposed by Applicable Law. CONTRACTOR shall be fully responsible for possessing and keeping current and/or obtaining any required licenses/permits from the appropriate Federal, State, or local authorities for work to be accomplished under this CONTRACT, including, but not limited to, a valid Waste Collector Permit issued by COUNTY Department of Public Health, Green Waste Quarantine Zone compliance agreement from California Department of Food and Agriculture, waste and used tire hauler registration from CalRecycle, and hazardous waste transportation permit from CalRecycle. CONTRACTOR shall secure and maintain valid waste and used tire hauler registration therefore in accordance with California Public Resources Code Section 42950 et seq. and any Permit required by Applicable Law for handling E-waste. CONTRACTOR shall transport tires to and Dispose of them at a facility authorized and permitted in accordance with Applicable Law to accept tires. CONTRACTOR shall comply with all applicable regulations governing the recovery of ozone -depleting refrigerants during the Disposal of air conditioning or refrigeration equipment, including 40 C.F.R. Part 82. 2. Referenced Provisions References in this CONTRACT to provisions or requirements of Applicable Law may not be construed to limit CONTRACTOR'S obligation to comply with all provisions of Applicable Law. Those references are intended to facilitate CONTRACTOR'S satisfaction of its Performance Obligations and COUNTY'S administration and specific enforcement of this CONTRACT and may not be construed to constitute lack of obligation to comply with other provisions or requirements of Applicable Law not specifically referred to or cited in this CONTRACT. If any provision of this CONTRACT is more stringent than Applicable Law, CONTRACTOR shall comply with that provision. Santa Clarita Valley Exhibit 5: Page 197 Scope of Work - Part 11 3. Fines and Penalties CONTRACTOR is solely liable for all fines and penalties that may be imposed on CONTRACTOR or may be due to CONTRACTOR'S actions, including fines and penalties that are the result of CONTRACTOR'S Violation of Applicable Law (including Permits). CONTRACTOR shall not seek reimbursement from COUNTY, Customers, or Occupants for any fines or penalties. 4. Contractual Obligations Provisions of Applicable Law are incorporated in this CONTRACT by reference as if set forth fully in this CONTRACT as contractual obligations of CONTRACTOR to COUNTY. a. Breaches In addition to or in lieu of prosecuting violations of those provisions as misdemeanors, infractions, or otherwise in the manner provided under Applicable Law, COUNTY may enforce those provisions in the same manner as it may enforce CONTRACTOR'S other contractual obligations under this CONTRACT, including specific performance and as Breaches subject to cure in accordance with Part 6A of Exhibit 5. However, COUNTY has no obligation to enforce any Applicable Law. b. Violation Violation of Applicable Law is a CONTRACTOR Default subject to contest as provided in Part 6134 of Exhibit 5. 5. COUNTY's Protection of Public Safety, Health, and Welfare CONTRACTOR acknowledges that COUNTY is authorized to make all necessary and reasonable rules and regulations regarding all aspects of MSW Management Services to protect the public's health, safety, and welfare. No provision in this CONTRACT is deemed to limit the power of COUNTY to regulate CONTRACTOR or to take any action as COUNTY deems appropriate or necessary in Director's sole and absolute discretion, under COUNTY'S police power, including to protect the public's health, safety, and welfare. Santa Clarita Valley Exhibit 5: Page 198 Scope of Work - Part 11 6. Compliance with Applicable Law of COUNTY CONTRACTOR shall comply with Applicable Law of COUNTY subject to possible adjustments in the Service Fees in the event of Changes in Law in accordance with items B, C, D, and E of Exhibit 7. B. COUNTY Child Support Compliance Program As required by COUNTY'S Child Support Compliance Program (COUNTY Code Chapter 2.200), CONTRACTOR shall fully comply with employment and wage reporting requirements under the Federal Social Security Act (42 U.S.C. Section 653(a) and California Unemployment Insurance Code Section 1088.5. CONTRACTOR shall implement lawfully served wage and earnings withholding orders or COUNTY Child Support Services Department notices of wage earnings assignment for child, family, or spousal support issued in accordance with California Code of Civil Procedure Section 706.031 and California Family Code Section 5246(b). C. COUNTY Defaulted Property Tax Reduction Program CONTRACTOR acknowledges that COUNTY has established a goal of ensuring that all individuals and businesses that benefit financially from COUNTY through contract are current in paying their property tax obligations (secured and unsecured roll) to mitigate the economic burden otherwise imposed upon COUNTY and its taxpayers. Unless CONTRACTOR qualifies for an exemption or exclusion, CONTRACTOR warrants and certifies to the best of its knowledge under Attachment 5-91-1, that as of the Execution Date it complies with COUNTY Code Chapter 2.206. Unless CONTRACTOR qualifies for an exemption or exclusion, CONTRACTOR shall comply with COUNTY Code Chapter 2.206. Santa Clarita Valley Exhibit 5: Page 199 Scope of Work - Part 11 PART 12 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS A. Labor Code CONTRACTOR and its agents and employees are bound by and shall comply with all applicable provisions of the California Labor Code as well as all other Applicable Laws related to labor. By and through its execution of this CONTRACT, CONTRACTOR represents and warrants that it is aware of and understands the provisions of California Labor Code Section 3700, which requires every employer to be insured against liability of Workers' Compensation or to undertake self-insurance in accordance with those provisions before commencing the performance of work under this CONTRACT and agrees to fully comply with those provisions. 1. Consideration of Hiring GAIN/GROW Participants for Employment Should CONTRACTOR require additional or replacement personnel after the Execution Date, CONTRACTOR shall give consideration for any of those employment openings to participants in COUNTY'S Department of Public Social Services' Greater Avenues for Independence (GAIN) Program or General Relief Opportunities for Work (GROW) Program who meet CONTRACTOR'S minimum qualifications for the open position. COUNTY will refer GAIN/GROW participants, by job category, to CONTRACTOR. For this purpose, "consideration" means that CONTRACTOR shall interview qualified candidates. If both laid -off COUNTY employees and GAIN and GROW participants in categories identified by COUNTY are available for hiring, CONTRACTOR shall give COUNTY employees first priority. Contractors shall report all job openings with job requirements to: GAINGROW(a�dpss.lacounty.gov and BSERVICES6a�wdacs.lacounty.gov and DPSS will refer qualified GAIN/GROW job candidates. B. Notices to Employees 1. Regarding the Federal Earned Income Credit CONTRACTOR shall notify its employees, and shall require each Subcontractor performing Task 1 and Task 2 Services to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. The notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015 that CONTRACTOR has attached as CONTRACTOR Documentation. 2. Regarding Safely Surrendered Baby Law CONTRACTOR acknowledges that COUNTY places a high -priority on the implementation of the Safely Surrendered Baby Law (SB 1368). Santa Clarita Valley Exhibit 5: Page 200 Scope of Work - Part 11 k] 4. a. Fact Sheet CONTRACTOR shall notify and provide to its employees and shall require each Subcontractor performing Task 1 and Task 2 Services to notify and provide to Subcontractors' employees a fact sheet regarding the Safely Surrendered Baby Law, its implementation in COUNTY, and where and how to safely surrender a baby. CONTRACTOR shall print and make available in every facility where its employees are present, including offices and operation yards, the fact sheet that is available at www.babysafela.org. b. Poster CONTRACTOR understands that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "Safely Surrendered Baby Law" poster in a prominent position at CONTRACTOR'S place of business. CONTRACTOR shall also encourage its Subcontractors to post this poster in a prominent position in the Subcontractors' place of business. COUNTY'S Department of Children and Family Services will supply CONTRACTOR with the poster to be used. Regarding Child Support CONTRACTOR acknowledges that COUNTY places a high priority on the enforcement of child support laws and the apprehension of child support evaders. CONTRACTOR further acknowledges that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "L.A.'s Most Wanted: Delinquent Parents List" supplied by COUNTY in a prominent position at their place of business. Time Off for Voting CONTRACTOR shall notify its employees, and shall require each Subcontractor to notify and provide to its employees, information regarding the time off for voting law (Elections Code, Section 14000). Not less than ten days before every Statewide election, every Contractor and Subcontractors shall keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000. C. Prohibition Against Use of Child Labor Compliance with International Labor Organization Convention Concerning Minimum Age for Employment Santa Clarita Valley Exhibit 5: Page 201 Scope of Work - Part 11 CONTRACTOR shall not knowingly sell or supply to COUNTY or Customers and Occupants any products, goods, supplies, or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment (the "Convention Concerning Minimum Age for Employment"). If CONTRACTOR discovers that any products, goods, supplies, or other personal property sold or supplied by CONTRACTOR to COUNTY or any Customer are produced in violation of that Convention, CONTRACTOR shall immediately provide an alternative source of supply that complies with that Convention. 2. Provide COUNTY with Records At COUNTY'S request, CONTRACTOR shall provide documentation satisfactory to COUNTY evidencing the country or countries of origin of any products, goods, supplies, or other personal property CONTRACTOR sells or supplies to COUNTY or any Customer or Occupant relating to Task 1 and Task 2 Services. 3. Provide COUNTY with Manufacturers' Certification At COUNTY'S request, CONTRACTOR shall provide to COUNTY the manufacturer's certification of compliance with the Convention Concerning Minimum Age for Employment or other all -international child labor conventions. D. Nondiscrimination 1. Employees CONTRACTOR and its Affiliates shall employ qualified applicants and treat employees equally without regard to or because of race, color, national origin, ancestry, religion sex, age, physical or mental disability, marital status, or political affiliation and in compliance with all State of California and Federal antidiscrimination laws, including in employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, Service Fees of pay, other forms of compensation, and selection of training (including apprenticeship). 2. Subcontractors, Bidders, and Vendors CONTRACTOR shall deal with its Subcontractors, bidders, and vendors without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation. 3. Certification CONTRACTOR shall comply with the provisions of CONTRACTOR'S EEO Certification (Form PW-7), attached as CONTRACTOR Documentation. Santa Clarita Valley Exhibit 5: Page 202 Scope of Work - Part 11 4. Inspection of Records At COUNTY'S request, CONTRACTOR shall promptly allow COUNTY and its auditors or reviewer access to CONTRACTOR'S employment records at CONTRACTOR'S Office during CONTRACTOR Office Hours to verify compliance with the provisions of Part 12E of Exhibit 5. 5. Remedies for Discrimination E. Safety If COUNTY finds that CONTRACTOR has violated any provisions of this subsection D, that violation constitutes a CONTRACTOR Default. While COUNTY reserves the right to determine independently that the antidiscrimination provisions of this subsection D have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that CONTRACTOR has violated State of California or Federal antidiscrimination laws will constitute a finding by COUNTY that CONTRACTOR has violated the antidiscrimination provisions of Part 12D of Exhibit 5. Services Safety Official CONTRACTOR shall designate in CONTRACTOR Documentation in Exhibit 3D a Services Safety Official who shall be thoroughly familiar with CONTRACTOR'S Injury and Illness Prevention Program (IIPP) and Code of Safe Practices (CSP). CONTRACTOR shall ensure that the Services Safety Official is available always Task 1 and Task 2 Services are provided to abate any potential safety hazards. CONTRACTOR shall give the Services Safety Official the authority and responsibility to cease performing any service if necessary to abate any potential safety hazard. If CONTRACTOR fails to designate or make available the Services Safety Official, COUNTY may direct CONTRACTOR to cease providing Task 1 and Task 2 Services at no cost to COUNTY until CONTRACTOR complies with this Section. 2. Safety Responsibilities CONTRACTOR is responsible for the safety of equipment, material, and personnel under CONTRACTOR'S control or authority during performance of Task 1 and Task 2 Services. CONTRACTOR is solely responsible for ensuring that all work performed under this CONTRACT is performed in strict compliance with all Applicable Laws with respect to occupational safety regulations. CONTRACTOR shall provide at its expense all safeguards, safety devices, protective equipment, and shall take all actions appropriate to providing a safe job environment. Santa Clarita Valley Exhibit 5: Page 203 Scope of Work - Part 11 F. COUNTY Lobbyist,_ CONTRACTOR and each COUNTY lobbyist or COUNTY lobbying firm as defined in COUNTY Code Section 2.160.010, retained by CONTRACTOR shall fully comply with COUNTY Lobbyist Ordinance. Santa Clarita Valley Exhibit 5: Page 204 Scope of Work - Part 11 ATTACHMENT 5-9G — Authorized Representative of COUNTY's Director Name: Steven E. Milewski Telephone Number: (626) 458-3573 E-mail Address: SMilewski(a�DPW.LACounty.gov Address for Notices by Mail: County of Los Angeles Department of Public Works Environmental Programs Division P.O. Box 1460 Alhambra, CA 91802-1460 Director's Office Hours: 7 a.m. to 5:30 p.m. Monday - Thursday Established by Director: Signature: Printed Name: Date: Acknowledged by CONTRACTOR: Signature: Printed Name: Title: Date: Santa Clarita Valley Exhibit 5-9G: Page 205 Scope of Work - Part 11 ATTACHMENT 5-91-1 — CONTRACTOR's Representations and Warranties A. Status CONTRACTOR is duly organized, validly existing and in good standing under the laws of and is qualified to do business in the State of California with full power and authority to execute and deliver this CONTRACT and to perform its Performance Obligations. This CONTRACT has been duly executed and delivered by CONTRACTOR and constitutes a legal, valid, and binding obligation of CONTRACTOR enforceable against CONTRACTOR in accordance with its terms. B. Statements and Information All information and documentation complied, drafted, made or otherwise delivered to COUNTY by or on behalf of CONTRACTOR relating to this CONTRACT, including its procurement, is correct and complete in all material respects as of the Execution Date and at the time originally submitted by CONTRACTOR to COUNTY. C. No Conflicts Neither the execution or delivery by CONTRACTOR of this CONTRACT, the performance by CONTRACTOR of Contract Services, nor the fulfillment by CONTRACTOR of the terms and conditions of this CONTRACT: (1) conflicts with, violates, or results in a breach of any Applicable Law; (2) conflicts with, violates, or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any CONTRACT or instrument to which CONTRACTOR is a party or by which CONTRACTOR properties or assets are bound, or constitutes a default. D. No Approvals Required CONTRACTOR has obtained and maintains all Permits in full force and effect during the Term. No other approval, authorization, license, permit, order, or consent of, or declaration, registration, or filing with any governmental or administrative authority, commission, board, agency, or instrumentality is required for the valid execution and delivery of this CONTRACT by CONTRACTOR, except those as have been duly obtained from its governing body, CONTRACTOR shall immediately provide Notice to Director of any notice of violation, revocation, or suspension of any permit. E. No Litigation As of the Execution Date, disclose any action, suit, proceeding, or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of CONTRACTOR'S knowledge, threatened, against CONTRACTOR wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely Santa Clarita Valley Attachment 5-9H: Page 206 Scope of Work - Part 11 affect the performance by CONTRACTOR of its obligations under this CONTRACT or in connection with the transactions contemplated by this CONTRACT, or which, in any way, would adversely affect the validity or enforce ability of this CONTRACT or any other CONTRACT or instrument entered into by CONTRACTOR relating to the transactions contemplated by this CONTRACT. F. Due Diligence As of the Execution Date, CONTRACTOR has made an independent investigation, examination, and research satisfactory to it of the conditions and circumstances surrounding this CONTRACT and best and proper method of providing Contract Services and labor, equipment, and materials for the volume of Contract Services to be provided. CONTRACTOR agrees that it shall make no claim against COUNTY based on any estimates, statements or interpretations made by any officer, employee, agent, or consultant of COUNTY relating to the procurement of this CONTRACT, which proves to be in any respect erroneous. G. Compliance with Applicable Law As of the Execution Date, CONTRACTOR has fully complied with all Applicable Law, including (1) law relating to conflicts of interest and COUNTY Lobbyist Ordinance, while procuring this CONTRACT, and (2) COUNTY Defaulted Property Tax Reduction Program. H. Ability to Perform CONTRACTOR possesses the business, professional, and technical capabilities to provide Contract Services; and possesses the equipment, facilities, and employee resources required to fully and timely perform Contract Services. Contingent Fees No Person, including a selling agency, has been employed or retained to solicit or secure this CONTRACT upon a CONTRACT or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONTRACTOR for securing business. J. Opportunity to Comment CONTRACTOR had the opportunity to submit comments and recommended changes during the procurement process, during meetings convoked by COUNTY with the denominated "Working Group" whose members received copies of the drafts of the form of CONTRACT or during the procurement of this CONTRACT. Santa Clarita Valley Attachment 5-9H: Page 207 Scope of Work - Part 11 K. Solid Waste Facilities 1. The Solid Waste Facility or Facilities that CONTRACTOR designates in CONTRACTOR Documentation in Exhibit 3D for Disposal is a disposal facility that is permitted to accept and process Refuse in accordance with Applicable Law. 2. The facility or facilities that CONTRACTOR designates in CONTRACTOR Documentation in Exhibit 3D for delivery of Recyclables is a materials recovery facility that is permitted to accept and process Recyclables in accordance with Applicable Law. 3. The facility or facilities that CONTRACTOR designates in CONTRACTOR Documentation in Exhibit 3D for delivery of Green Waste is a facility that is permitted to accept and process Green Waste in accordance with Applicable Law. L. CONTRACTOR Documentation As of the Execution Date, CONTRACTOR has submitted all CONTRACTOR Documentation in accordance with Exhibit 3D. M. Personnel CONTRACTOR fully complies with all Federal and State statutes and regulations regarding employment of aliens and others, and all of its employees performing Contract Services meet the citizenship or alien status requirements set forth in Federal and State statutes and regulations. Santa Clarita Valley Attachment 5-9H: Page 208 Scope of Work - Part 11 ATTACHMENT 5-10A - Definitions Abandoned Waste is defined in Section A of Exhibit 3A2, including Solid Waste discarded or dumped at locations in Public Right of Way including palm fronds but excluding other materials dumped as the result of natural causes such as tree limbs or telephone poles blown over in a storm or walls collapsed during an earthquake. AB 939 means the California Integrated Waste Management Act of 1989, California Public Resources Code Section 40000 et seq. AB 1383 means AB 1813 (Lars) (Chapter 395, Statues of 1016), making certain amendments to the California Global Warming Solutions Act of 2006. AB 1826 means AB 1826 (Chesbro) (Chapter 727, Statues of 2014) PUC, 42649.8 et seq. of the Public Resources Code, as amended by SB 1018. Affiliate means a Person that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with CONTRACTOR. Annual Report is described in item A3 of Section10. Applicable Law means all laws, statutes, rules, regulations, guidelines, Permits, actions, determinations, orders, or requirements of the United States, State of California, COUNTY (including its COUNTY Code together with rules and regulations promulgated there under and COUNTY'S Integrated Waste Management Plan), the Local Enforcement Agency, California Highway Patrol, South Coast Air Quality Management District, and other regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern Contract Services or the performance of the Parties' respective obligations under this CONTRACT, including those that concern health, safety, fire, mitigation monitoring plans, building codes, and zoning, and further including the following: Vehicles: • California Health and Safety Code Section 43000 et seq., with respect to air emissions (smog checks); o California Vehicle Code Section 27456b, with respect to tires; o California Vehicle Code Section 34500 et seq., with respect to documentation through its maintenance log or otherwise of a safety compliance report issued under Division 14.8 of the California Vehicle Code as applicable to each Vehicle, including bi-annual "BIT" inspections conducted by the California Highway Patrol; o Rules and regulations promulgated under the California Vehicle Code with respect to Vehicle highway lighting, flashing, and warning lights, clearance lights, and warning flags; o Rules and regulations of the California Department of Motor Vehicles with respect to Vehicle registration; o Vehicle weight limits; Santa Clarita Valley Attachment 5-10A: Page 209 Scope of Work - Part 11 0 The appropriate class of drivers' licenses issued by the California Department of Motor Vehicles; 0 Control Measure for Diesel Particulate Matter from On -road Heavy -Duty Residential and Commercial Solid Waste Collection Vehicles, 13 CCR 2020 et seq.; and 0 14 CCR 17341, 17342, 17343 and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment; • Containers: 0 14 CCR 17314, with respect to maintenance and placement of Containers, and 0 14 CCR 17317, with respect to placing identifying name and telephone number on Containers; • Labor: o Drug and alcohol testing; o Occupational Safety and Health Act (29 U.S.C. Section 651 et seq.), including the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); and California Occupational Safety and Health Act (California Labor Code, Division 5, Parts 1-10, Section 6300 et seq.), and rules and regulations of California Division of Occupational Safety and Health; and o Immigration Reform and Control Act of 1986 (PL.99-603); • Environmental Protection: o CERCLA; o RCRA; 0 Clean Air Act (42 U.S.C. Section 1351 et seq., 42 U.S.C. Section 7401- 7642); and California Clean Air Act (California Health and Safety Code Section 39000 et seq.); 0 California Hazardous Waste Control Act (California Health and Safety Code Section 25100 et seq.); 0 California Hazardous Materials Release Response Plan and Inventory Act (California Health and Safety Code, Division 20, Chapter 6.95, Section 25500 et seq.); 0 Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300 et seq.); and 0 Emergency Planning and Community Right to Know Act (42 U.S.C. Section 11001 et seq.); and • Miscellaneous: 0 COUNTY Lobbyist Ordinance; 0 COUNTY Defaulted Property Tax Reduction Ordinance. 0 Civil Rights Act of 1964 (Subchapter VI of Chapter 21 of Title 42); 0 AB 939; and o AB 1826. Reference to Applicable Law includes future amendments and supplements to or replacement, restatement, or recodification thereof. Santa Clarita Valley Attachment 5-10A: Page 210 Scope of Work - Part 11 Authorized Commercial Waste Hauler means a waste hauler that has signed a Commercial Franchise agreement with COUNTY and is currently in good standing. Award Date means the date County of Los Angeles Board of Supervisors approves the CONTRACT. Basic Service Fee means the monthly charges that CONTRACTOR bills a Customer for providing Collection with respect to Task 1 Services, without additional optional services and is defined in Section 7. Best efforts mean serious and sizeable efforts that a respectable person would take in the same (or similar) circumstances, using principles of impartiality of fairness. It will be presumed that the Person intends to meet its obligations in honesty and good faith. Compare "Reasonable Business Efforts", "Reasonable" Bilingual means in the languages of English and Spanish. Board of Supervisors means the Board of Supervisors of County of Los Angeles. Breach means CONTRACTOR'S failure to fully and timely meet one or more Performance Obligations. Bulky Item means any large item of Solid Waste that will not fit into the Container that can be safely lifted by two individuals using a dolly. A Bulky Item that has been placed at the Set - Out Site by the Occupant for Collection by CONTRACTOR, or for Customers with roll -out service, called in for Collection. A Bulky Item includes, but is not limited to the following: • Discarded furniture (such as chairs, sofas, mattresses, and rugs); • Large Appliances (such as refrigerators, ranges, washers, dryers, water heaters, dishwashers, and other similar items commonly known as "white goods"); • Up to two tires from passenger cars or pickup trucks; • E-waste (such as computer, telephones, and televisions); • Up to two bags/bundles of Construction and Demolition debris bound or in containers, not longer than four feet in length, up to 70 pounds in weight; • Bagged reusable clothing; • Palm fronds (not required to be cut to four -foot lengths). Bulky Items excludes items such as: • Large truck tires; • Unpermitted Waste; • More than two bags/bundles of Construction and Demolition debris; • Piles of debris. Calendar Year means the months beginning January 1 and ending December 31. Santa Clarita Valley Attachment 5-10A: Page 211 Scope of Work - Part 11 Cart means a wheeled container provided by CONTRACTOR for storage of solid waste pending Collection, which is collected (semi) by automated Vehicle. Examples include 32, 64, and 96-gallon plastic Containers. CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1982 (42 U.S.C. Section 9601 et seq.). Change in Law means the occurrence of any event or change in Applicable Law as follows: The adoption, promulgation, modification, or change in Applicable Law or in judicial or administrative interpretation thereof occurring after the Execution Date other than laws with respect to taxes based on or measured by net income, or any unincorporated business, payroll, franchise taxes levied by any tax board (other than Franchise Fees levied by COUNTY) or employment taxes; Any order or judgment of any Federal, State, or local court or Regulatory Agency issued after the Execution Date if: o That order or judgment is not also the result of the willful misconduct or negligent action or inaction of the Party relying thereon or of any third party for whom the Party relying thereon is directly responsible; and o The Party relying thereon, unless excused in writing from so doing by the other Party, will make or have made, or will cause or have caused to be made, Reasonable Business Efforts to contest that order or judgment (it being understood that the contesting in good faith of that an order or judgment will not constitute or be construed as a willful misconduct or negligent action of that Party); The imposition by a Regulatory Agency of any new or different material conditions about the issuance, renewal, or modification of any Permit after the Execution Date; or The failure of a Regulatory Agency to issue or renew, or delay in the issuance or renewal of, or the suspension, interruption, or termination of, any Permit after the Execution Date; if the failure to issue or the suspension or termination of any Permit is not the result of the willful misconduct or negligent action or inaction of the Party relying thereon or any third party for whom the Party relying thereon is directly responsible. CNG Fuel Component means five percent of the Service Fee shown on the Customer Service Fee schedule times the percentage of Vehicles that use compressed natural gas and is defined in item G of Exhibit 7. Collect, Collection, or Collecting is defined in Exhibit 3A1 means Solid Waste pickup(s) made by CONTRACTOR required by and in accordance with this CONTRACT, including Abandoned Waste. Commencement Date means the date defined in Item A of Section 2. Commercial means related to a Person or thing that is not Residential or Multifamily. Santa Clarita Valley Attachment 5-10A: Page 212 Scope of Work - Part 11 Commercial Occupant means Person within the Service Area that occupies a Commercial Premise and receives services from CONTRACTOR. Commercial Premises means Premises that are not Residential Premises or Multifamily Premises, including stores; offices; industrial plants; private schools; restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers, and nursing homes (with respect to nonmedical waste only). Compost means a mixture of decayed or decaying organic matter (such as leaves and grass) used to amend or fertilize soil. Construction and Demolition (C&D) means material, other than hazardous waste, radioactive waste, or medical waste, that is generated by or results from construction or demolition -related activities including, but not limited to: construction, deconstruction, demolition, excavation, land clearing, landscaping, reconstruction, remodeling, renovation, repair, and site clean-up, as defined in COUNTY Code 20.87.030. C&D debris includes, but is not limited to: asphalt, concrete, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, steel, rock, soil, gravel, tree stumps, and other vegetative matter. Container means any Cart or Dumpster used to provide Collection service. CONTRACT means this CONTRACT, including all exhibits and other attachments, which exhibits and other attachments are incorporated in this CONTRACT by reference. Contract Services means Task 1 and Task 2 Services together and is also defined in Section 1. Contract Year means each 12-month period commencing on the first day of the month in which CONTRACTOR Collects solid waste from any Occupant. CONTRACTOR means the Person executing this CONTRACT and any assignee of CONTRACTOR consented to by COUNTY in accordance with Section 19. CONTRACTOR includes CONTRACTOR'S Subcontractors unless explicitly provided otherwise. References to all CONTRACTOR'S actions and Performance Obligations under this CONTRACT include reference to Subcontractors' actions under this CONTRACT, as applicable, without specifying in each instance that CONTRACTOR shall directly take those actions itself, or cause its Subcontractors to take those actions on CONTRACTOR'S behalf. CONTRACTOR Default is described in Part 6 of Exhibit 5. CONTRACTOR Documentation means Exhibit 3D. CONTRACTOR Manager means any of the following: • CONTRACTOR'S officers and directors; Santa Clarita Valley Attachment 5-10A: Page 213 Scope of Work - Part 11 • The officers and directors of CONTRACTOR'S parent corporation and of each successive parent corporation's parent corporation; • The authorized representative of CONTRACTOR named in CONTRACTOR Documentation in Exhibit 3D; and • Any other Persons, including Affiliates and CONTRACTOR'S or Affiliates' employees, officers, or directors, in a Position of Influence. CONTRACTOR Office Hours means 8:00 a.m. to 5:00 p.m. Monday through Friday, except Holidays. CONTRACTOR's Related Parties means CONTRACTOR'S partners, officers, directors, agents, employees, Subcontractors, consultants, licensees, invitees, and Affiliates. Conversion Technology (CT) means an array of emerging technologies capable of converting the organic or carbon -containing materials portion of post -recycling residual solid waste and turning it into useful products, including renewable and environmentally benign fuels, chemicals, and other sources of clean energy. COUNTY means the government entity known as County of Los Angeles. County Business Day means any day on which COUNTY'S Department of Public Works is open to do business with the public. County Code means the Los Angeles County Code. County Defaulted Property Tax Reduction Program or COUNTY Defaulted Property Tax Reduction Ordinance means COUNTY Code Chapter 2.206. County Lobbyist Ordinance means COUNTY Code Chapter 2.160. County Service means the Task 2 Services from CONTRACTOR to the COUNTY. County Service Fee means the amount that CONTRACTOR bills COUNTY for providing Collection with respect to Task 2 Services and is defined in Section 7. County Service Fee Schedule means the rates for CONTRACTOR's compensation for providing Task 2 Services. County's Reimbursement Costs means Direct Costs of COUNTY plus 35 percent thereof. County's Related Parties means political subdivisions, agencies, entities, or organizations for which the Board of Supervisors is the governing body, their agents, officers, and employees, elected officials, assigns, volunteers, and special districts (including Garbage Disposal Districts) and each one of them. COUNTY's Related Parties are third party beneficiaries of provisions in this CONTRACT that reference them. Santa Clarita Valley Attachment 5-10A: Page 214 Scope of Work - Part 11 CPI means the Consumer Price Index for all Urban Consumers (Los Angeles -Riverside -Orange County) (Not Seasonally Adjusted) All items, Series ID CUURA421SAO, Base Period 1982- 84=100, published by the United States Department of Labor, Bureau of Labor Statistics at hftps://data.bls.gov/timeseries/CUURA421 SAO and is defined in item G of Exhibit 7. Criminal Activity means any of the following: • Fraud or criminal felony offenses relating to obtaining, attempting to obtain, procuring, or performing a public or private CONTRACT related to recyclables, green waste or MSW Management Services of any kind (including collection, hauling, transfer, processing, composting, or disposal), including this CONTRACT; • Bribery or attempting to bribe a public officer or employee of a local, State, or Federal agency; • Embezzlement, extortion, racketeering, false claims, false statements, forgery, falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; • Unlawful disposal of hazardous, designated, or other waste; or • Violation of securities laws or antitrust laws, including laws relating to price-fixing, bid rigging and sales and market allocation, and of unfair and anticompetitive trade practice laws, including with respect to inflation of waste collection, hauling or disposal fees. Customer means a Person who pays either CONTRACTOR or COUNTY for Task 1 Services from CONTRACTOR. Customer Service means the Task 1 Services from CONTRACTOR to the Customer. Customer Service Fee means the amount that CONTRACTOR bills Customers for providing Task 1 Services and is defined in Section 7. Customer Service Fee Schedule is found in Attachment 7-2 to Exhibit 7. Customer Surcharges means the amounts listed as "Surcharges" on the Service Fee Schedule and is defined in Section 7. Day means calendar day, whether capitalized or lower case. Debarment or Debar has the meaning assigned in COUNTY Code Section 2.202.020. Diesel Fuel Component" means 5 percent of the Net Rate shown on the Rate Schedule times the percentage of Vehicles that use diesel and is defined in item G of Exhibit 7. Direct Costs means the sum of the following but excludes profit or return on investment: Payroll costs directly related to the performance, management, or supervision of any obligation under this CONTRACT, or exercise of any right, comprised of compensation and fringe benefits, including vacation, sick leave, holidays, Santa Clarita Valley Attachment 5-10A: Page 215 Scope of Work - Part 11 retirement, Worker's Compensation insurance, Federal and State unemployment taxes and all medical and health insurance benefits, plus; • The costs of materials, services, direct rental costs, and supplies, plus; • Travel and subsistence costs, plus; • The reasonable costs of any payments to Subcontractors (with respect to CONTRACTOR) or contractors (with respect to COUNTY) or third parties necessary to and about Performance Obligations, plus; • Any other cost or expense which is directly or normally associated with the task performed; which is substantiated by: o A certificate signed by the principal financial officer of CONTRACTOR or the authorized representative of COUNTY, setting forth the amount of that cost and the reason that cost is properly chargeable to COUNTY or CONTRACTOR and stating that the cost is a competitive price, if there are competitive prices, secured in an arm's length transaction for the service or materials supplied; and o If COUNTY or CONTRACTOR requests additional backup documentation as may be available to reasonably substantiate any Direct Costs, including invoices from suppliers, Subcontractors, and contractors. Director means COUNTY Director of Public Works or his or her authorized representative, including the authorized representative named in Attachment 5-9G. Director's Office Hours means hours that Director is open to do business as indicated in Attachment 5-9G. Disabled means Occupants who suffer from a disability as evidenced by a letter from their medical physician. Disposal or Dispose means disposal, as defined in California Public Resources Code Section 40192, at a Solid Waste Facility of Refuse that CONTRACTOR has Collected. Disposal Component means 20 percent of the Customer Service Fee shown on the Service Fee schedule and is defined in item G of Exhibit 7. District means Garbage Disposal District. Diversion or Divert means activities that reduce or eliminate the amount of Solid Waste from Disposal for the purposes of Division 13 of the California Public Resources Code, including Article 1 (commencing with Section 41780). Diversion Goal means the current State law requirement of 50 percent, the State goal of 75 percent Diversion by 2020, and future COUNTY goals including the Roadmap to a Sustainable Waste Management Future adopted by the Board of Supervisors on April 22, 2014. The Roadmap goals are 80 percent Diversion from landfills by 2025, 90% Diversion from landfills by 2035, and 95 percent or more Diversion from landfills by 2045, as calculated by Director using Director's methodology. State and COUNTY goals are subject to change. Santa Clarita Valley Attachment 5-10A: Page 216 Scope of Work - Part 11 DOE CNG means the West Coast Average Price for Fuel — Compressed Natural Gas Average Prices by Region from Clean Cities Sources, published quarterly in Energy Efficiency and Renewable Energy/Clean Cities Alternative Fuel Price Report from the United States Department of Energy website, www.afdc.energy.gov/fuels/prices.html or if that is permanently discontinued, another CNG price published by a State or the Federal government selected by Director and is defined in item G of Exhibit 7. DOE Diesel means the Diesel (On Highway) — Product/All Types for Area/California (Period: Annual) price published monthly in the Official Energy Statistics from the United States Department of Energy website, http://tonto.eia.doe.gov/dnav/pet/pet pri qnd dcus sca m.htm, or if that is permanently discontinued, Producers Price Index- Commodities Fuels and related products and power/No.2 diesel fuel Series Id: WPU057303 published by the United States Bureau of Labor Statistics at http:Hdata.bis.gov/cqi-bin/surveymost and is defined in item G of Exhibit 7. Dumpster means a container for storage of solid waste that is usually collected with front end loading Vehicles, such as those having a 1- to 8-cubic yard capacity, commonly referred to as a dumpster. EIA LNG means the average for fuel — Product/All Types for Area/California (Period: Annual) price published monthly in the Official Energy Statistics from the United States Energy Information Administration website, http://tonto.eia.doe.gov/dnav/nq/nq pri sum dcu SCA m.htm, or if that is permanently discontinued, another CNG price published by the State of California or the Federal government selected by Director and is defined in item G of Exhibit 7. Elderly means a Person age 62 or older as evidenced by a driver's license or other document issued by a governmental entity. E-waste means waste that is powered by batteries or electricity, such as computers, telephones, stereo equipment, DVD players/recorders, mp3 players, televisions, and calculators. Excess Solid Waste means bagged, containerized, or bundled solid waste, not to exceed 4 feet in length or 70 pounds in weight. Execution Date means the date this CONTRACT is signed by both COUNTY and CONTRACTOR and is also defined in item A of Section 2. Expected Number means a quantity that Director anticipates during a future Contract Year plus 10 percent, based on the previous year's data. Expiration Date means the date this CONTRACT expires as provided in accordance with item A of Section 2. Santa Clarita Valley Attachment 5-10A: Page 217 Scope of Work - Part 11 Fiscal Year means the 12-month period beginning July 1st and ending the following June 30th. Food Waste means uneaten materials acquired for animal or human consumption. Franchise Fee means the fee described in item E of Section 1. Garbage Disposal District means a district created under COUNTY Code Chapter 20.90 and referred to as COUNTY in this Contract. Goods or Services means goods or services used in providing Contract Services, including labor; leases; subleases; equipment; supplies; capital; insurance, bonds, or other performance security if the insurer, surety, or other provider is an Affiliate or a captive of CONTRACTOR or any Affiliate; and legal, risk management, general, and administrative services. Green Waste means Solid Waste comprised of leaves, grass clippings, brush, branches, nonhazardous wood waste, and other forms of organic matter generated from landscapes and gardens and separated from other forms of Solid Waste, including holiday trees and bushes, but excluding: • Stumps or branches exceeding four inches in diameter or four feet in length; • Yucca or palm fronds, unless CONTRACTOR can Divert those excluded materials in non -composting processes; • Other COUNTY -approved items listed in the Terms and Conditions; and • Food Waste. Gross Receipts means fees, charges, and other compensation that CONTRACTOR or CONTRACTOR's Related Parties receive directly or indirectly from Customers and Occupants about Task 1 Services before any deduction for costs or expenses such as the Franchise Fee. Gross Receipts does not mean fees, charges, and other compensation that CONTRACTOR or CONTRACTOR's Related Parties receive about the sale of Recyclables. Holidays means January 1, Memorial Day, 4th of July, Labor Day, Thanksgiving, and December 25 and any other holidays designated by COUNTY in Notice to CONTRACTOR. Including or Include or variations thereof, when used in this CONTRACT, means "including without limitation," "including, but not limited to," and "including, at a minimum." Indemnities or Indemnification means all defenses, indemnities, and releases under this CONTRACT, including under Part 4A of Exhibit 5 (generally), and with respect to the Immigration Reform and Control Act and Cal/OSHA (specifically). Santa Clarita Valley Attachment 5-10A: Page 218 Scope of Work - Part 11 Liabilities mean any of the following: • Liabilities; • Lawsuits; • Claims; • Complaints; • Cause of actions; • Citations; • Investigations; • Judgments; • Demands; • Cleanup orders; • Damages (whether in contract or tort, including: o Personal injury to or death of, at any time, CONTRACTOR'S employees, Subcontractors, COUNTY employees or third parties; and o Property damage of CONTRACTOR, Subcontractors, COUNTY employees or third parties); • Costs and expenses, (including all costs and expenses of litigation, mediation or arbitration, attorneys' fees, whether COUNTY'S or CONTRACTOR'S staff attorneys or outside attorneys, and court costs); • Losses; • Fines; • Penalties; and • Other detriments of every nature and description whatsoever, whether under State of California or Federal law. LNG Fuel Component means five percent of the Customer Service Fee shown on the Service Fee schedule times the percentage of Vehicles that use liquid natural gas and is defined in item G of Exhibit 7. Local Enforcement Agency means the enforcement agency defined in COUNTY Code Section 20.56.030. Manure means Solid Waste comprised of animal dung or excrement, and may include straw or other absorbent. Maximum Rate Adjustment is described in Section B4 of Exhibit 7. Monthly Report is described in item Al of Section 10. More Than Expected Number means a quantity greater that what Director anticipates during a future Contract Year; it is the quantity between the Expected Number and up to double the Expected Number. Mulch means organic materials commonly used for mulch including wood chips, ground up landscape trimmings, shredded bark, coarse compost material, and straw. Santa Clarita Valley Attachment 5-10A: Page 219 Scope of Work - Part 11 Multifamily means Person or thing related to (1) dwellings with three or more attached dwelling units (such as apartments), each with separate cooking and bathing facilities, (2) townhouses, and (3) condominiums, whether attached or detached. Multifamily Occupant means Person within the Service Area who occupies a Multifamily Premises and receives services from CONTRACTOR. Multifamily Premises means Premises containing a Multifamily building. Municipal Solid Waste (MSW) Management Services means any of the following: • Collection, transportation, storage, transfer, or processing of: • solid waste; or • Unpermitted Waste that is collected as part of a Collection program for Bulky Items, and E-waste described in Exhibit 3A1 and handled in accordance with Applicable Law (such as tires more than load limits, and certain E-waste); or • Arranging for disposal of that solid waste or Unpermitted Waste. Non -Collection Notice means the notice in the form included in CONTRACTOR Documentation in Exhibit 3D in accordance with item C of Section 4. Notice (when capitalized) means notice given in accordance with Part 9F of Exhibit 5. Occupant means a Person within the Service Area that occupies a Residential or Commercial building and receives services from CONTRACTOR. Office means CONTRACTOR'S offices required by item A of Section 6 to be identified in CONTRACTOR Documentation in Exhibit 3D. Organic Waste or Organics means both of the following: • Organic waste defined in AB 1826, and • Organic waste used in portions of AB 1383 selected by Director and Noticed to CONTRACTOR, and includes Food Waste and Green Waste. Party or Parties means COUNTY and CONTRACTOR, individually and together, respectively. Performance Obligations means every obligation and liability of CONTRACTOR under this CONTRACT and is also defined in Section 1 Permit means any Federal, State, County, other local, and any other governmental unit permit, order, license, approval, authorization, consent, or entitlement of whatever kind and however described that Applicable Law requires to be obtained or maintained with respect to the satisfaction of Performance Obligations, as renewed or amended from time to time, including the waste collector permit issued by COUNTY Department of Public Health. Santa Clarita Valley Attachment 5-10A: Page 220 Scope of Work - Part 11 Person means any individual, firm, association, organization, partnership, corporation, trust, joint venture, State, County, municipality, special purpose district, the United States or any other entity. Position of Influence means a position of authority or responsibility to directly or indirectly administer, manage, direct, supervise or oversee the Contract Services or this CONTRACT, including the following: (1) serving as director of the board of directors of CONTRACTOR or an Affiliate, (2) serving as an officer of CONTRACTOR or an Affiliate, (3) reviewing or negotiating CONTRACTOR'S contracts (including this CONTRACT), (4) providing in-house legal services, and (5) providing insurance or other performance security if the provider is an Affiliate or is a captive of CONTRACTOR or an Affiliate; but excluding the following: (1) monitoring CONTRACTOR'S performance, (2) supervising CONTRACTOR'S finance and capital budget decisions, and (3) articulating general policies and procedures not related to a Criminal Activity. Premises means a tract of land located in the Service Area which is safely accessible by Vehicles. Processing means the reduction, separation, recovery, conversion, or Recycling of Solid Waste, including creating "compost" as defined in California Public Resources Code Section 40116. Prompt or Promptly means as soon as practicable, but in no event more than two days. Public Right -of -Way is defined in Section A of Exhibit 3A2 and includes all the following: • all land and improvements on that land between the outer edge of a sidewalk (nearest to a private lot) on one side of the street and the outer edge of the sidewalk (nearest to a private lot) on the opposite side of the street, including: o sidewalks, o and between a sidewalk and street, and o median strips in the center of streets. • Public streets; • Public alleys, including land wall-to-wall and fence -to -fence, and • Any other land described by COUNTY to CONTRACTOR. Quarterly Report is described in item A2 of Section 10. RCRA means the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 etseq.). Reasonable or Reasonable Business Efforts or Reasonable Efforts or Reasonable Judgment means practical actions a sensible person would do in the same (or similar) circumstances using sound judgment and principles of fairness. It will be presumed that the Person intends to meet its obligations in honesty and good faith. It does not mean pursing every possible action. Santa Clarita Valley Attachment 5-10A: Page 221 Scope of Work - Part 11 Records means documentation relating to Contract Services and other Performance Obligations, including ledgers, books of account, invoices, vouchers, canceled checks, logs, correspondence, computations, files, plans, correspondence, reports, drawings, designs (other than those respecting facilities or facility operations not involving Collection), data and photographs prepared by or possessed by CONTRACTOR, including the following: • Customer and Occupants Terms and Conditions and Task 1 Services information (including Customers and Occupants' names and addresses), billing records, call logs, route maps, schedules, and correspondence with Customers and Occupants; • Weight tickets, invoices, bills of lading, and receipts from Solid Waste Facilities for types and amounts of Solid Waste that CONTRACTOR Collects, transports, and delivers to those Solid Waste Facilities; • Records for AB 939 and other laws, including documentation from Recyclables and Green Waste transporters, shippers, brokers, beneficiaries, remanufacturers, and purchasers or other users of Recyclables and Green Waste; any reports on Processing of Recyclables or Green Waste residual that Solid Waste Facilities may make to the CalRecycle; • Vehicle maintenance, driver Permits and driver testing records; • Gross revenues and receipts, including Gross Receipts; • Franchise Fees paid to COUNTY; and • Records that may be relevant in the event of an action under CERCLA or similar claims. Recyclables is also defined in Item G of Exhibit 3A1 and means Solid Waste that may potentially be Diverted from disposal (excluding Green Waste and Manure) including but not limited to any of the following materials: • Aluminum and metal cans; • Newspaper; • Glass jars and bottles; • Tin cans; • Plastic soda bottles; • Plastic milk and water jugs; • Plastic bags (e.g., bread, frozen food, grocery bags); • Type No. 1 plastic containers (PET -polyethylene terephthalate); • Type No. 2 plastic containers (HDPE-high density polyethylene); • Type No. 3 plastic (PVC -Vinyl or Polyvinyl Chloride); • Type No. 4 plastic (LDPE-Low Density Polyethylene); • Type No. 5 plastic (PP -Polypropylene); • All types of paper (e.g., office paper, junk mail, magazines, telephone books); • Corrugated cardboard; • E-waste; • White goods (such as those listed in the definition of Bulky Items); • Paper coated with plastic or aluminum foil (milk and juice cartons); and • Mattresses, excluding those made mostly of foam. Additional (or deleted) items that Director directs after Notice to CONTRACTOR, without adjustment of Service Fees unless the modification requires Contract Services at the Set -Out Sites separate and distinct from previously Collected Recyclables. Santa Clarita Valley Attachment 5-10A: Page 222 Scope of Work - Part 11 Recycle or Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials (including Recyclables and Green Waste) that would otherwise become Solid Waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the market place. Recycling does not include transformation, as defined in California Public Resources Code Section 40201. Refuse means Solid Waste that CONTRACTOR does not Divert. Regulatory Agency means any Federal, State or local governmental agency that regulates Collection and transportation of Solid Waste (including California Department of Transportation, California Department of Motor Vehicles, EDD, U.S. Immigration and Naturalization Services, or other health and safety department thereof; COUNTY; and Local Enforcement Agency applicable to Contract Services). Report means Monthly Report, Quarterly Report, Annual Report and any AB 939 or other report CONTRACTOR is required to submit in accordance with this CONTRACT. Residential means Person or thing related to detached, single-family homes or duplexes, other than condominiums or townhouses. Residential Occupant means Person within the Service Area who occupies a Residential Premises and receives services from CONTRACTOR. Residential Premises means Premises containing a Residential building, such as a detached, single-family home or a duplex. Service Area means the area mentioned in the title of this CONTRACT, as described in item Al of Section 16. Service Assets means all property of CONTRACTOR used directly or indirectly in performing Contract Services, including Vehicles, containers, maintenance equipment and facilities, and administrative equipment and software, both tangible and intangible (such as facility leases or equipment installment purchase contracts). Service Day means any day Monday through Friday, excluding Holidays. Service Component means 65 percent of the Service Fee shown on the Customer Service Fee schedule and is defined in item G of Exhibit 7. Service Fees means both Customer Service Fees and County Service Fees. Service Fee Schedule means all the fees listed in Attachments 7-2 and 7-3 of Exhibit 7. Service Specifications means Performance Obligations prescribed in Exhibit 3A1 and Exhibit 3A2. Santa Clarita Valley Attachment 5-10A: Page 223 Scope of Work - Part 11 Service Standards means each obligation of CONTRACTOR prescribed in Section 4. Set -Out Site means the location where the Solid Waste is temporarily placed for Collection as mutually agreed upon by CONTRACTOR and Occupant. Sharps means any item having corners, edges, or projections capable of cutting or piercing the skin to deliver injections or for medical purposes, such as needles (hypodermic, pen or intravenous), needles with syringes, needles from vacutainers, needles with attached tubing, and lancets. Sharps Containers means container approved by COUNTY for discard of Sharps. Solid Waste means solid waste as defined in California Public Resources Code Section 40191, excludes Unpermitted Waste but includes all the following: • Green Waste, • Recyclables, • Refuse, • E-Waste, • Organic Waste, • Manure, and • Abandoned Waste. Solid Waste Facility means the facility as defined in California Public Resources Code Section 40194 (and any other types of facilities named by Director) and designated by CONTRACTOR in CONTRACTOR Documentation in Exhibit 3D. Standards means the criterion for excellent solid waste management established by the solid waste collection industry; professional associations such as the National Solid Waste and Recycling Association, Solid Waste Association of North America, US Mayors/ Municipal Solid Waste Association; and public bodies such as State and Federal EPAs. Subcontractor means any Person that provides Goods or Services related to Collection, transportation or storage of Solid Waste or related to Service Assets, including their operation, maintenance, and repair, to or on behalf of CONTRACTOR whether pursuant to any arrangement, formal or informal, written or merely in practice. Subcontractor does not include a Person that provides Goods or Services related to Processing, Diversion, or Disposal. Sweep means to search the specified area; Collect, transport, and Dispose of Solid Waste not in Containers. Task 1 Services all Performance Obligations prescribed in Exhibit 3A1 for Refuse, Recyclables, and Green Waste Container Services to Occupants at Residential Premises and Certain Multifamily and Commercial Premises and is also defined in Section 1. Santa Clarita Valley Attachment 5-10A: Page 224 Scope of Work - Part 11 Task 2 Services means all Performance Obligations prescribed in Exhibit 3A2 Abandoned Waste Collection Services and Public Receptacle Collection Services is also defined in Section 1. Term means the period beginning on the Execution Date and ending on the Expiration Date and is also defined in item A of Section 2. Terms and Conditions means the CONTRACT details mailed to Customers and Occupants. Ton or Tonnage means a short ton of 2,000 pounds avoirdupois. Transfer is defined in Part 8 of Exhibit 5. Uncontrollable Circumstances means any of the following events: • Riots, war, or emergency affecting the Country declared by the President of the United States or Congress of the United States, the Governor of California, or the Board of Supervisors; • Sabotage, civil disturbance, insurrection, explosion; • Natural disasters such as floods, earthquakes, landslides, and fires; • Strikes, lockouts, and other labor disturbances; or • Other catastrophic events that are beyond the reasonable control of CONTRACTOR despite CONTRACTOR'S exercise of due diligence, excluding: o The financial inability of CONTRACTOR to satisfy its Performance Obligations, or o Failure of CONTRACTOR to obtain any necessary Permits or the right to use the facilities of any public entity. Universal Waste means hazardous waste that the California Department of Toxic Substances Control considers universal waste, including materials listed in 22 CCR 66261.9, such as batteries, thermostats, lamps, cathode ray tubes, computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, some appliances, aerosol cans and certain mercury -containing devices. Unpermitted Waste means • Materials that are not Solid Waste such as Universal Waste, household hazardous waste and other hazardous waste, unauthorized medical waste, radioactive waste; • Waste tires more than the limitations prescribed in 14 CCR 17355(b) or reduced in volume as required in 14 CCR 17355(A); • Any other materials that cannot be Disposed of in class II sanitary landfills described in 27 CCR 20250. Unpermitted Waste Screening Protocol means the protocol prescribed in Section 13, Item A of Exhibit 5, and included in CONTRACTOR Documentation in Exhibit 3D. Santa Clarita Valley Attachment 5-10A: Page 225 Scope of Work - Part 11 Vehicle means any truck used by CONTRACTOR to provide Contract Services. Violation of Applicable Law means any noncompliance with Applicable Law as evidenced by notice, assessment, or determination of any Regulatory Agency to CONTRACTOR, whether a fine or penalty is included, assessed, levied, or attached. Weighted Customer Service Fee Adjustment Percentage means sum of the adjustments due to changes in the CPI, DOE CNG, EIA LNG, and disposal tipping fees calculated as provided in items B, C, and D of Exhibit 7, respectively and is defined in item G of Exhibit 7. Santa Clarita Valley Attachment 5-10A: Page 226 Scope of Work - Part 11 0 EXHIBIT 7 — Contract Services (Adjustment of Service Fees) Service Fee Schedule CONTRACTOR shall charge Customer Service Fees and County Service Fees in amounts less than or equal to the Service Fees set forth in the Service Fee Schedule in Attachments 7-2 and 7-3 of this Exhibit. Time, Conditions, Changes a. Annual Adjustments (1) Automatic (Indices): Beginning at least 6 months after the Commencement Date, Director will automatically adjust the Consumer Price Index (CPI), Department of Energy (DOE) Compressed Natural Gas (CNG), or Energy Information Agency (EIA) Liquefied Natural Gas (LNG) components of the Service Fee each July 1 in accordance with subsections Al a(3), B, C and D. (2) Requested (Disposal and Diversion): Beginning at least 12 months after the Commencement Date, Director will adjust the Disposal and Diversion components of the Service Fee each July 1 in accordance with subsection Ala (3) and E in the following events: CONTRACTOR requests adjustment of those components by Notice to Director together with documentation satisfactory to Director by March 1 of each year, and COUNTY initiates an adjustment of those components by Notice to CONTRACTOR together with documentation satisfactory to Director by March 1 of each year. (3) Changes: Director will adjust the Service Fee for the following changes, if any: Indices (After 6 Months): Annual changes, if any, in the following indices, as applicable, defined in Section G of this Exhibit 7: Santa Clarita Valley Exhibit 7: Page 227 Scope of Work - Part 11 o CPI: Consumer Price Index (CPI), o DOE CNG: of Energy (DOE) Compressed Natural Gas (CNG), or o EIA LNG: Energy Information Agency (EIA) Liquefied Natural Gas (LNG) in accordance with the Service Fee adjustment protocol in subsections B, C, and D; or • Disposal Tipping Fees (after 12 Months): Annual change, if any, in CONTRACTOR'S Direct Costs of Refuse Disposal, such as changes in publicly -posted tipping fees, on January 1 at the Solid Waste Facility it has designated in CONTRACTOR Documentation, Exhibit 3D, and any other supporting documentation, submitted to Director by March 1; or • Disposal or Diversion of Green Waste (after 12 Months): Annual changes in CONTRACTOR'S costs of Disposal or Diversion of Green Waste, such as public tipping fees, on January 1 from the Solid Waste Facility it has designated in CONTRACTOR Documentation in Exhibit 3D, and any other supporting documentation, submitted to Director by March 1. b. Adjustments at Any Time If CONTRACTOR requests Director by Notice or Director Notifies CONTRACTOR at any time, following agreement with CONTRACTOR, the Director may adjust the Service Fees in either of the following events, subject to changes in Refuse Disposal or Green Waste Diversion in subsection A4, and limitations in A6: (1) Changes in Law Change in CONTRACTOR'S Direct Costs of providing Contract Services due to Changes in Law, except for any adjustment in the Service Fee due to a Change in Law by the State which is not included in the Maximum Rate Adjustment in subsection 4; and (2) Changes in Scope of Service Up to ten percent of CONTRACTOR'S Direct Costs of providing Contract Services due to changes in Contract Services or Standards. Santa Clarita Valley Exhibit 7: Page 228 Scope of Work - Part 11 If CONTRACTOR and Director disagree on the adjustment of Service Fees due to Changes in Law, Contract Services or Standards, COUNTY will have the option to terminate this CONTRACT in accordance with Part 6D of Exhibit 5. C. No Adjustment Service Fees will not be adjusted: • Within six or twelve months of the Commencement Date with respect to item Al a(1) and items Al a(2-3) respectively. • During any of the six possible one -month extensions under item A3 of Section 2. • If there are any uncured Breaches. • For any Changes other than changes explicitly listed in preceding subsections a. Annual Adjustments, b. Adjustment as any Time, including for actual changes in the price of fuel or Disposal or Diversion costs. d. Sample Calculation A sample calculation is attached in Attachment 7-1 of this Exhibit. 2. Rounding All calculations are rounded to the nearest 1/100th decimal place (for example, 10.9656 percent to 10.97 percent, or 10.9637 percent to 10.96). The decimal 5 is rounded up (for example, 10.965 percent to 10.97 percent). Adjustments in Service Fees are rounded to the nearest penny (for example, $25.34). 3. Weighted Adjustment a. Serviced Fee Components: The monthly Service Fees for Contract Services will be divided into the following cost components and adjusted by these percentages: Labor and other general costs of Contract Services 65% Fuel 5% Refuse Disposal 20% Green Waste 10% Organics Disposal and Diversion: • Green Waste • Food Waste 0% Food Waste Diversion -only 0% Rec clables Diversion 0% A sample calculation is attached in Attachment 7-1 of this Exhibit. Santa Clarita Valley Exhibit 7: Page 229 Scope of Work - Part 11 b. Modifications in Weight of Disposal/Diversion Components. COUNTY acknowledges that CONTRACTOR's costs of providing Disposal and Diversion may change significantly. Before each July 1, Director will review service fees under its contracts that are substantially like this Contract, including contracts for residential collection service with carts. In its sole discretion, COUNTY may adjust (or refrain from adjusting) the following components' related percentage: • Refuse Disposal percent, and • Green Waste Diversion percent. For example, if Green Waste Diversion costs rise, the Director might make the following adjustments: • Increase Green Waste Diversion percentage from 10 percent to 12 percent for both the Santa Monica Mountains and Avocado Heights even though those costs were different in the two Service Areas; and • Correspondingly decrease the Disposal percent from 20 percent to 18 percent. Director will not make an adjustment solely to this CONTRACT but not in other, similar contracts. Director will not modify the weighted 65 percent labor or 5 percent fuel components of the Service Fee. A sample modification is attached to this Exhibit as Attachment A3(4). 4. Maximum Rate Adjustment Cumulative adjustments to the Service Fees cannot exceed the percentages in the following table, except for changes due to acts of the State: Contract Period (on July 1)* Maximum Cumulative Service Fee Adjustment** Years 0 to 1 0 percent Commencement Date to the first Jul 1 Years 2 to 7 35 percent (The first July 1 to the scheduled Termination Date under Section 2 Years 8 to 9 i Extension #1, if any 45 percent (July 1 of any first 2-year extension to June 30 on the extended Termination Date Santa Clarita Valley Exhibit 7: Page 230 Scope of Work - Part 11 Years 10 to 11 1 Extension #2, if any 55 percent (July 1 of any 2-year extension to June 30 further extended Termination Date Any time Actual Direct Costs (Changes in direct costs due to Change In Law by the State Six 1-month extensions, if any No Change Rate adjustments due to Changes in Laws or Contract Services under subsection Al above may be implemented at any time during the Term. ** Any change in Service Fees for direct costs due to Changes in Law promulgated by the State are not included in the percentage calculations of the Maximum Cumulative Service Fee Adjustment. They are added to the percentage calculations. For example, during the first seven years of the CONTRACT, the Service Fee could increase 35 percent plus an allocable amount due to an increase of $4 per ton on the State -mandated disposal fee. 5. Customer 30-Day Notice CONTRACTOR shall provide all Customers a minimum of 30-days written notice of the implementation of changes in any Customer Service Fees. 6. Adiustment Limitations No adjustment will be effective until notice thereof has been provided to the Board of Supervisors. 7. Services Eligible for Adiustment a. Customer Service Fee (CPI, Fuel, and Disposal/Diversion) Use methodology in items C, D, E, and F of Exhibit 7 b. Recyclables There is no adjustment for Recyclables at this time. However, Director may include a Director determined adjustment at any time in in the future, at Director's sole discretion. A reason for an adjustment may include a significant change in the value of a commodity. C. Locking Recyclables Cart Fee (CPI) Use methodology in item C of Exhibit 7 Santa Clarita Valley Exhibit 7: Page 231 Scope of Work - Part 11 d. County Service Fee (Task 2) Use methodology in items C, D, E, and F of Exhibit 7. B. This item is no longer used C. Service Fee Adjustment for Annual Increase or Decrease in CPI Beginning on or after six months must elapse from the Commencement Date to July 1 of the current year, the CPI component of the Service Fee will be adjusted by 100 percent of the percent change, if any, between the following: • The monthly average CPI during the 12-month period commencing March 1 of the previous year to the last day of February of the current year, and • The monthly average CPI during the 12-month period commencing March 1 of the next previous year to the last day of February of the previous year. For example, a contract that started April 1, 2018, will not be eligible for a rate adjustment for CPI on July 1, 2018. On July 1, 2019, the rate adjustment would compare March 1, 2018 through February 28, 2019, to March 1, 2017 through February 28, 2018. However, under COUNTY regulations, any percentage change shall not exceed the general salary movement granted to COUNTY employees as determined by COUNTY's Chief Administrative Office as of July 1 for the prior Fiscal Year. Furthermore, should fiscal circumstances ultimately prevent the Board from approving any change in COUNTY employee salaries; no cost -of -living adjustment will be granted. D. Service Fee Adjustment for Annual Increase or Decrease in Fuel A minimum of six months must elapse between Commencement Date and July 1 of the current year. The DOE CNG component of the Service Fee adjustment will apply only to the percentage of Vehicles in a fleet that use compressed natural gas. The adjustment of the DOE LNG component will apply only to the percentage of Vehicles in a fleet that use LNG. The adjustment of the DOE Diesel component will apply only to the percentage of Vehicles in a fleet that uses diesel. 1. Adjustment Due to Change in DOE CNG The CNG Fuel Component of the Service Fees will be adjusted by the percent change, if any, between the following: • The DOE CNG quarterly averages commencing in January of the prior year and ending in December of the prior year (averages for the fourth quarter are not available early enough to be used), and • The DOE CNG quarterly averages commencing January of the previous year through December of the prior previous year. Santa Clarita Valley Exhibit 7: Page 232 Scope of Work - Part 11 2. Adjustment Due to Change in Energy Information Administration (EIA) LNG The EIA LNG Fuel Component of the Service Fees will be adjusted by the percent change, if any, between the following: • The EIA LNG monthly average during the 12-month period commencing March 1 of the previous year to the end of February of the current year, and • The EIA LNG monthly average during the 12-month period commencing March 1 of the prior previous year to the end of February of the previous year. 3. Adjustment Due to Change in DOE Diesel Beginning on July 1 in the second Calendar Year after commencement of Collection and thereafter on each succeeding July 1, the Diesel Fuel Component will be adjusted by the percent change, if any, between the following: • The DOE Diesel during the 12-month period commencing April 1 of the previous year to March 31 of the current year, and • The DOE Diesel during the 12-month period commencing April 1 of the next previous year to March 31 of the previous year. For example, a contract that started April 1, 2018, will not be eligible for a rate adjustment for CNG on July 1, 2018. On July 1, 2019, the rate adjustment would compare: • January 2018 through December 2018, and • January 2017 through December 2017. The rate adjustment for LNG would also not be eligible on July 1, 2018. On July 1, 2019, the rate adjustment would compare: • March 1, 2018 through February 28, 2019, and • March 1, 2017 through February 28, 2018. E. Service Fee Adjustment for Changes in Refuse Disposal and Green Waste Diversion Facility Fees The Disposal and Diversion Components of Net Service Fees will be adjusted for any change in Refuse Disposal and Green Waste Diversion tipping fees charged CONTRACTOR by the Solid Waste Facility designated by CONTRACTOR in CONTRACTOR Documentation in Exhibit 3D. A minimum of 12 months must elapse between Commencement Date and July 1 of the current year. Director may conditionally approve changing the Solid Waste facilities to a more expensive facility by not allowing the increased cost to be passed down to the Customer. Santa Clarita Valley Exhibit 7: Page 233 Scope of Work - Part 11 1. 3. Facilities Open to Public The Refuse Disposal and Green Waste Diversion components of the Service Fees will be adjustment by the percent change, if any, between the following: • The Refuse Disposal and Green Waste Diversion posted tipping fees on January 1 of the current year, and • The Refuse Disposal and Green Waste Diversion posted tipping fees on January 1 of the previous year. Facilities Not Open to Public The Refuse Disposal and Green Waste Diversion components of the Service Fees will be adjustment by the percent change, if any, between the following: The cost for Refuse Disposal and Green Waste Diversion on January 1 of the current year, and The cost for Refuse Disposal and Green Waste Diversion on January 1 of the previous year. CONTRACTOR must substantiate to the satisfaction of Director changes in tipping fees CONTRACTOR is paying at the Solid Waste Facility by submitting before March 1, monthly invoices from the Solid Waste Facility, showing the total tons and rate paid for Disposal/Diversion. • If CONTRACTOR owns the Solid Waste Facility, it must show the posted gate rate paid by the public that has no financial agreement with CONTRACTOR, by contract or letter -of -agreement, unless there is no posted aate rate. • If CONTRACTOR owns the Solid Waste Facility but has no posted pate rate, CONTRACTOR must substantiate changes in tipping fees by submitting other documentation acceptable to Director. If CONTRACTOR does not substantiate to the satisfaction of Director that CONTRACTOR is experiencing that change in tipping fees, the Disposal/Diversion Component will not be adjusted. For example, CONTRACTOR may own the Solid Waste Facility it designated for Disposal and consequently internalize Disposal costs at the Solid Waste Facility. The costs however must be adequately explained. Transfer (Trans) Loading Plus Disposal/Diversion Elsewhere The Refuse Disposal and Green Waste Diversion components of the Service Fees will be adjusted by the percent change, if any, between the following: Santa Clarita Valley Exhibit 7: Page 234 Scope of Work - Part 11 • The cost for Refuse and Green Waste transferring, transporting, and Disposal/Diversion on January 1 of the current year, and • The cost for Refuse and Green Waste transferring, transporting, and Disposal/Diversion on January 1 of the previous year. CONTRACTOR must substantiate to the satisfaction of Director fees CONTRACTOR is paying by submitting before March 1, invoices from the Solid Waste Facility, showing the total tons and rate paid for transfer loading, expenses for transporting to another facility, Disposal/Diversion at another facility, and any other documentation to support expenses. If CONTRACTOR does not substantiate to the satisfaction of Director that CONTRACTOR is experiencing that change in tipping fees, the Disposal/Diversion Component will not be adjusted. For example, CONTRACTOR may be paying the Solid Waste Facility $10 per ton to a Materials Recovery Facility but will have additional expenses to Transport the Refuse to another facility, plus the expense for Disposal at the second facility. F. Future Service Fee Adjustment Components As of the Commencement Date, certain expenses in item P of Exhibit 31A are zero because CONTRACTOR does not incur them. The weighted adjustments in subsection B3 above may be changed if CONTRACTOR incurs those expenses after the Commencement Date. For example, as of the Commencement Date CONTRACTOR has no expenses for Food Waste collection as shown by zero in item P of Exhibit 3A1. If COUNTY converts the Green Waste Container to an organics Container for both Green Waste and Food Waste, or adds a separate Food Waste Container, those negotiated expenses discussed would no longer be zero. G. Service Fee Adjustment Definitions "CNG Fuel Component" means five percent of the Service Fee shown on the Customer Service Fee schedule times the percentage of Vehicles that use compressed natural gas. "CPI" means the Consumer Price Index for all Urban Consumers (Los Angeles - Riverside -Orange County) (Not Seasonally Adjusted) All items, Series ID CUURA421SAO, Base Period 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics at.https://data.bls.gov/timeseries/CUURA421 SAO. "Diesel Fuel Component" means 5 percent of the Net Rate shown on the Rate Schedule times the percentage of Vehicles that use diesel. "Disposal Component" means 20 percent of the Customer Service Fee shown on the Service Fee schedule. Santa Clarita Valley Exhibit 7: Page 235 Scope of Work - Part 11 "DOE CNG" means the West Coast Average Price for Fuel — Compressed Natural Gas Average Prices by Region from Clean Cities Sources, published quarterly in Energy Efficiency and Renewable Energy/Clean Cities Alternative Fuel Price Report from the United States Department of Energy website, www.afdc.energy.aov/fuels/prices.html or if that is permanently discontinued, another CNG price published by a State or the Federal government selected by Director. "DOE Diesel" means the Diesel (On Highway) — Product/All Types for Area/ California (Period: Annual) price published monthly in the Official Energy Statistics from the United States Department of Energy website, http://tonto.eia.doe.gov/dnav/pet/pet pri qnd dcus sca m.htm, or if that is permanently discontinued, Producers Price Index- Commodities Fuels and related products and power/No.2 diesel fuel Series Id: WPU057303 published by the United States Bureau of Labor Statistics at http://data.bis.gov/cqi-bin/surveymost. "EIA LNG" means the average for fuel — Product/All Types for Area/California (Period: Annual) price published monthly in the Official Energy Statistics from the United States Energy Information Administration website, http://tonto.eia.doe.gov/dnav/nq/nq pri sum dcu SCA m.htm, or if that is permanently discontinued, another CNG price published by the State of California or the Federal government selected by Director. "LNG Fuel Component" means five percent of the Customer Service Fee shown on the Service Fee schedule times the percentage of Vehicles that use liquid natural gas. "Service Component" means 65 percent of the Service Fee shown on the Customer Service Fee schedule. "Weighted Customer Service Fee Adjustment Percentage" means sum of the adjustments due to changes in the CPI, DOE CNG, EIA LNG, and disposal tipping fees calculated as provided in items B, C, and D of Exhibit 7, respectively. H. Temporarily Discontinued Indices If a price or index is temporarily discontinued on the date of adjustment, the last available price or index for the required period (such as Calendar Year or another 12-month period) will be used. Santa Clarita Valley Exhibit 7: Page 236 Scope of Work - Part 11 ATTACHMENT 7-1 — Service Fee Adjustment Example A. Annual increase or decrease in CPI Example (C of Exhibit 7) Table 1—Adjustment Due to Change in CPI Calculate percent change in CPI (12-month average, not month -to -month) 03/01/15-02/29/16 221.64 03/01/16-02/28/17 228.59 Percent change 3.14% (not more than COUNTY salary increase Adjustment to Service Fee 100% of percent change in CPI 3.14% B. Annuali increase or decrease in Fuel Example (D of Exhibit-[) Table 2A—Adjustment Due to Change in DOE CNG Calculate percent change January, April, July, and October 2015 (2.26+1.99+2.02+2.21)/4 = in DOE CNG 8.48/4 = 2.12 (average of quarters in January, April, July, and October 2016 (2.29+2.33+2.44+2.35)/4 = year —which may vary, 9.41/4 = 2.35 not quarter -to -quarter) Percent Change (2.35-2.12)/2.12 = 0.23/2.12 = 0.1085=10.85% Adjustment to CNG Fuel 40% of fleet uses DOE CNG 0.40 X 10.85% _ Component % Fleet Fleet=4 CNG Vehicles, 6 LNG Vehicles 4.34% Table 2B - Adjustment Due to Change in EIA LNG Calculate percent change in EIA LNG (12-month average, not month -to -month) 03/01 /15-02/29/16 121.63 03/01 /16-02/28/17 153.01 Percent Change 2.58% Adjustment to LNG Fuel Component % Fleet 60% of fleet uses EIA LNG Fleet=4 CNG Vehicles, 6 LNG Vehicles 0.60 X 10.85% _ 6.51 % C. Changes in Disposal/Diversion Tipping Fees Example (E of Exhibit 7) Table 3A—Adjustment Due to Change in Refuse Disposal Tipping Fees at Facility One Calculate percentage change in Disposal tipping fees 01/01/14 Contract started 9/1/14 $50.00 01/01/15 $52.00 01 /01 /16 $55.00 Percent change (compare to 2014 since no adjustment allowed prior ear 10.00% Adjustment to Disposal 45% of Disposal at this facility 0.45 X 10.00% = 4.50% Table 313—Adjustment Due to Change in Refuse Disposal Tipping Fees at Facility Two Calculate percentage change in Disposal tipping fees 01 /01 /14 Contract started 9/1 /14 $40.00 01/01/15 $43.00 01 /01 /16 $46.00 Percent change (compare to 2014 since no adjustment allowed prior ear 15.00% Adjustment to Disposal 55% of Disposal at this facility 0.55 X 15.00% = 8.25% Table 3C—Adjustment Due to Change in Green Waste Diversion Tipping Fees at Facility Calculate percentage change in Diversion tipping fees 01/01/14 CONTRACT started 9/1/14 $30.00 01/01/15 $30.00 01 /01 /16 $36.00 Percent change (compare to 2014 since no adjustment allowed prior ear 20.00% Santa Clarita Valley Attachment 7: Page 237 Scope of Work - Part 11 D. Weighted Service Fee Adjustment Percentage Example (C, D, and E of Exhibit 7) Table 4—Sum of Adjustments Service Fee Component Relative weight of Adjustment due to change Weighted Service Service Fee in indices/ change in Fee Adjustment disposal tipping fees Percentage Service Component CPI 65% of Service Fee 3.14% 2.05% Fuel Component 5% of Service Fee 6.51 % + 4.34% 0.54% Refuse Disposal 20% of Service Fee 4.50% + 8.25% 2.55% Component Green Waste Diversion 10% of Service Fee 20.00% 2.00% Component Weighted Service Fee 7.14% Adjustment Percentage Santa Clarita Valley Attachment 7: Page 238 Scope of Work - Part 11 FORM P -4.2.3 ATTACHMENT 7-2.3 - Task 1 Service Fees SANTA CLARITA VALLEY Proposer must provide a rate for each item below. Failure to do so may result in the prclposalfbid being rejected as nonresponsive. Amount of fees billed to Customer listed below are to include the franchise fees. Services Monthly Rate Per Customer Billed tax CuStarn@r MONTHLY RATE Monthly Rate for Cart 6aslc Services (Exhibit 3A1) One 96-ga llon (0-5 cu yd) Defuse Cart $ 2- One or fiver 95-gallon (0.5 cu yd) Recyc:lal fag (s) $In 1 One or two 9"allon (0.5 cu yd ) Gruen Waste Calt(e) $ Included Sure of Refuse. Rec louses, and Green Waste $2 .72 (Total) DISCOUNTS SUBTRACTED FROM MONTHLY RATE Monthly Discourm (Section 7A3) Sen of .25% of Basic Services Total SURCW ES ADDED TO MONTHLY RATE AddiV wal C ornailners twyond Basic Services which i5 i Refuse. 2 RecycJmbles., 2 Green Waste ;Exhibit 3A1 d2 and Section 7A21ij • One 96 gallort Refuse Carl (beyond 1 basic) $10 One 96-pllo } Racy fables Carl (beyond 2 basic) '$6 One IloR Green Waste Cart (beyond 2 basic $6 Additlonal On -Call Plckupe beyond 3 per year (Ex hib t; 3A1 H3 b Secton 7A2ej • Bulky item. excess waste. or Ornn Waste (Der Visit to CdlW all y17.14 (owome charge equal to Items) 75% of Basir Service Rate) Contralner Six* Exv. rwn%ie beyond, 1 (Exhibit 3A1 D3) • Each addffk4ml -: - $25.C10 Roll -Out Servics tool hon-ElderlylDl®.abled (Exhibit 3A1 I said Section TA2d) Fuld SerAce (Up to 5E feel) �5_ ( . of Bnk Services Total) ■ Exterided Full ;3+s yke Ovw 100 feet Nagoliaated with Cuffkx er 011111v t to S weice (ExhM W 0 and Section 7A2c) If applicable to Service Ama ■ com Per C 5 of Bask Str cars Total Manure Service per collection each week If applicable to Servipe Area (Exhibit 3A1 D13 and Section 7A2g) • 65-gallon Cart k50�10 2-cubic yard Durn"r U 4Q • Roll-Out/Scoul Sawiice) Negotiated with Customer Ccunty of Los Angeles ResAwiba, Franchise Proposal 231 5-FAO1 5 101D 40 B URRTE •'a#e7i TRAe r'ar.r Of ff- Santa Clarita Valley Attachment 7: Page 239 Scope of Work - Part 11 Service$ - Bear Resistant Cart -fee per Cart IF sip (Ex.hibil 3Al2 D12 and Seclion 7A2ht + 96-gallon Cart (mental with free replacement for Term) wa • 96 allcm Cart (Purchase Wthoul tree !eplar,.emenl) swa Lacking Recyclables Cart (Exhibit 3AI D14) 96 al Ion Carl 578. Billing Fen (Section 787) • Late fee 10% • Interruplion of service $25 • Returrned checks $25 Proposers are responsible for indepen/d nvestigatirlc� Sergi Area prior to submission. } Cole Burr F roposer's Printed blame s Signalure Monthly Rate Per Cusla w Billed to Cuslmnar plicable to Service Area .;Pruice conditions in the March 21.2018 Date Signed Residential of for aichise 101 Bukh 1 &L, ReSi -FAlo 1 Frarlchise Proposal "We'll T.7dr Care' ❑ lr" 20t$�FAU15 J Santa Clarita Valley Attachment 7: Page 240 Scope of Work - Part 11 FORM PW"-433 ATTACHMENT 7-3.3 Task 2 Service Fees SANTA CLARITA VALLEY Proposer rrru5l provide a Servioa Fee rpr each item Below. Fadure to do so may resun in Uie propiraL'tid being rejeded as nonresponsive. Abandoned Waste WeeklyCollection Exhibil 3A2 A and Section 7 C servims Fee Estimated Annual Tat$d Annual (Fee x t+ivantity) Quantllies. Expected Number of tncidents up 10 50 of up 10 4 ev yds j $ 4 iper incidanl 50 $1.620.IXi Alleys (0 miles) ■ Par$i;wPy5, Sklewalks, Streels 757.73 rnilf3s Md ru than Egwded Number of incidents - (betweari 51 and 116, ai up to 4 cu yds� SIZa 1p€ir incadent 110 a AI Parkways,Sidewalks, Streets More than 4 cu ydo, up to incidents r AJle s- Parkwa . Sidewalks, or Streets $33 .47 1per inciderll 50 $T 573 Abandoned Waste Daily Collection in Mat Zones rExhibrt 3A2A5 services Fee ESlimaled Annual Total Annual (Fee x QLwtity) Quantities Monitoring 0 (0 zones. 0 tons) (0 I'eet x 26D Original t_ocali ns. 510 1Per foot days) Sf?.00 Additional Nol Zones (up to 500 feet and +gyp S j iperfool 130.OW $1, �1aeJ r1a to It a days) (500 feel x 260 d 5 Waste Collee lon with 4 cu yyds or lass (0 feet) From 07igina.l Locations $0 1per day 260 $0.00 • Additional Plot Zones 'Waste Collector, tup to 500 feet Lu2ia 260 days) $3LU 1per=y 260 Waste Collection with rnore than 4 cu ydn In 26 inrdenLsj $4 .74 ADar inCid'erlt 25 51 2,9124 Publlo ate tacles Exhibil Servlc�� Fee E511maled Annual ioial Annual (1=ee x Qusntyl n+a 4uanirties 0 Standard or Solar COrnpactorR r lSrurrw Cpllw1 n twces & d6 - 6 --1 S K4 .NE&I 15.600 public Receptacles r�&Uonal 6 mwe recepLadin i $ j.M iper InGdent (25 x 2 tinm& x $1 W576 CIO r 6d x 52wks ' l ' !r+3l+gf. sed Annuar Price for Task 2: $124.492 94 Proposers are responsible For independerllly irlVedig Conditions in the 5ervioe Area pricer 10 submission. Cole Burr _ March 21, 2018 Prbposer's Printed blame Proposer'S Signature Date Signed County of LOS AngeMfs Residential Franchira P►cposN 2018-FAQ15 102 BURRTEC ^Jt'r'11 Tale o err of rr- Santa Clarita Valley Attachment 7: Page 241 Scope of Work - Part 11 PW-4.4.3 ATTACHMENT 7-4 — Task 2 Homeless and Emergency Service Fees Santa Clarita Valley Proposer must provide a rate for each item below. Failure to do so may result in the proposal/bid being rejected as nonresponsive. Annual Services I Service Fee I Quantities Annual Total Homeless Encampments (Exhibit 3A2 E and Section 7 C3d) Abandoned Encampments 100 loads of ME %!a,.%!P • Waste Collection for each 4 cu yds $ 4 cu yds a NEW aaa aaa Occupied Encampments (weekly Collection) (per week x 52) aaaa aaaa • Boxes (Refuse in bags from event box) $ /bag -box 50 bag -box aaa aaaaaa • ump sters o Delivery to Area $73/Area 5 Areas o Disposal $100/Dumpster 10 Dumpsters • Sharns nPlivPry $ /container 100 containers ,, Maximum Annual COUNTY Services Sum: Services Monthly Rate Per Customer billed to COUNTY As -Needed Emergency (Section 11 B) • Automated Collection Services and/or Bulky Items Comparable Municipal Solid Waste fees • Solid Waste not in Containers $710.65/ton and $137.69/cubic yard • Roll -Off Containers or Drop -Off Events Comparable Municipal Solid Waste fees • Palm Fronds $139.64/hour per Vehicle Proposers are responsible for independently investigating service conditions in the Service Area. Proposer's Printed Name Proposer's Signature Date Signed Santa Clarita Valley Attachment 7: Page 242 Scope of Work - Part 11 EXHIBIT 12-D2 — Liquidated Damages Reference to "failure" refers to each occurrence of specified Breach (such as for each Occupant and each Occupant's Collection site, Record entry, or complaint) and not for aggregate occurrences of those Breaches (such as for all Customers and Occupants on a given route or day). Per day means each business day except as indicated. If CONTRACTOR does not timely submit the applicable information, documentation or complete report or incorporate comments, additions and corrections made by Director within pay days of receipt of those comments, additions, and corrections, it shall pay the following liquidated damages. No. Description of Liquidated Damage Amount CUSTOMER SERVICE C01 For each failure to honor commitment to resolve Customer's or Occupant's $100 first complaint in accordance with Section 6D1. CO2 For each failure to honor commitment to resolve Customer's or Occupant's $250 same complaint, which generated a second complaint, in accordance with Section 6D1. CO3 For each failure to honor commitment to resolve Customer's or Occupant's $500 for each same complaint, which generated a third or more complaint, in accordance subsequent with Section 6D1. complaint C04 For each failure to enter Customer or Occupant call or e-mail into log or $100 maintain and supply Records of complaints in accordance with Section 6D2. C05 For each occurrence of charging any Customer more than the Customer $100 to COUNTY owes for Task 1 Services (such as for the wrong level of service) or per Customer plus charging any Customer more than Customer Service Fees. returning 110%of overcharged amount pa able to Customer C06 If CONTRACTOR violates the nondiscrimination provisions of this $500 CONTRACT, including Exhibit 5. CONTRACT LANGUAGE L01 Failure to maintain an emergency number or make staff available thereat $75 per day in accordance with item J1 of Section 4. L02 Failure to provide documentation for review or comment by Director or $1,000 per obtain any approval, consent or other permission of Director required under occurrence and this CONTRACT, including: $1,000 each • Customer and Occupant correspondence under item F of Section 4 calendar day before • Publicity materials under item G1 of Section 4; retraction or • News releases and trade journal articles related to Solid Waste correction of Collection Services, under item G2 of Section 4 misinformation • Customer and Occupant outreach materials under item L of Exhibit 3A1. identified by Director L03 Failure to timely submit documentation for review or comment by Director. $300 per occurrence plus $100per da late L04 Each failure during any calendar month to return Director calls or to timely meet $500 with COUNTY in accordance with Section 4H. L05 Each failure to timely submit satisfactory proof of notification (mailing) in $200 accordance with item L4b 4 of Exhibit 3A1. Santa Clarita Valley Exhibit 12: Page 243 Scope of Work - Part 11 No. I Description of Liquidated Damage Amount L06 Marketing or distributing mailing lists with the names and addresses of $10 per Customer Customers and Occupants, in accordance with Section 1 F. and Occupant per occurrence L07 Failure to maintain telephone service in accordance with Section 6B. $75 per day L08 Failure to maintain electronic/paperless service in accordance with $75 per day Section 6C. L09 Failure to allow Director to inspect, audit, review records, or copy Records $500 in accordance with Section 9C. L10 Failure to timely submit AB 939 Records or other required Records in $100 per week late accordance with item E of Section 9. REPORTING TO COUNTY R01 Failure to submit Monthly reports in accordance with items 10A1 and 10B1 $100 per day of Exhibit 3D . R02 Failure to submit Quarterly reports in accordance with items 10A2 and $200 per day 10132 of Exhibit 3D. R03 Failure to submit Annual reports in accordance with items 10A3 and 10132 $300 per day of Exhibit 3D R04 Failure to report adverse information in accordance with items 10C, B, D, $300 per and E of Exhibit 3D. occurrence R05 Failure to deliver Route maps and schedules in accordance with item B16 $100 per day of Exhibit 3D. R06 Failure to submit GPS Reports or video in accordance with item E9 of $100 per day per Exhibit 3A1 vehicle SERVICES TO CUSTOMERS, OCCUPANTS, AND COUNTY S01 For each failure to Collect Solid Waste in accordance with Section 6D3 and $500 per day plus item B of Exhibit 3A1. $10 for each missed Occupant per day S02 Failure to immediately clean up litter, spills or liquid leaks in accordance $150 per parcel per with Section 4A1, 4A2 or 4A3, respectively. calendar day S03 For each failure to prevent spills or liquid leaks in accordance with Section $500 4A2 and 4A3. SO4 For each failure to equip a Collection Vehicle with signs in accordance with $100 per week item E9 of Exhibit 3A1. S05 For each occurrence of excessive noise in accordance with item A4 of $300 Section 4. S06 Commingling materials from outside the Service Area with Solid Waste that $500 per Vehicle - CONTRACTOR Collects inside the Service Area, in accordance with item I Occurrence of Section 4. S07 For each failure to follow its Unpermitted Waste Screening Protocol in $500 accordance with item A of Section 13. S08 Failure to repair damage caused to private property in accordance with $150 Part 9C of Exhibit 5. S09 Failure of any Vehicle to deliver Solid Waste to the Solid Waste Facilities $500 per designated by CONTRACTOR in accordance with item F of Exhibit 3A1. Vehicle S10 For each occurrence Collecting any Solid Waste during unauthorized hours $500 plus $10 for prohibited under item B2 of Exhibit 3A1, without Director approval. each Container or Bulky Item Collected S11 For each failure to timely provide, maintain, or repair Container in $25 per day accordance with item D of Exhibit 3A1. S12 For each occurrence of failing to return emptied Container upright, or to $250 their Set -Out Sites, or placing Container in a location that impedes pedestrian or vehicular traffic in accordance with item D5 of Exhibit 3A1. Santa Clarita Valley Exhibit 12: Page 244 Scope of Work - Part 11 No. Description of Liquidated Damage I Amount S13 For each use of an unapproved Container design including labeling, in $50 accordance with Section 13D and item D of Exhibit 3A S14 For each occurrence of disposing of Recyclables, or mixing Recyclables or $200 per Vehicle Green Waste with Refuse in accordance with item G2 of Exhibit 3A1. S15 For each failure to maintain any Vehicle in accordance with Applicable Law $150 per Vehicle perday S16 For each failure to tag uncollected Solid Waste and keep a record of $150 reason, in accordance with Section 4C S17 For each failure to Collect Abandoned Waste within 2 Service Days of $100 per day Director request, in accordance with item A of Exhibit 3A2. S18 For failure to maintain an alley segment (1 block) or a Hot Zone (1 area) on $250 per day the scheduled day, in accordance with items A5 of Exhibit 3A2. S19 For each failure to Collect Solid Waste from public receptacles on the $50 per receptacle scheduled day and time or failure to maintain (clean) receptacle, in per missed collection accordance with item B of Exhibit 3A2. S20 Failure to maintain and operate GPS and Video Equipment in working $100 per Vehicle order, in accordance with item E9 of Exhibit 3A1. perday By placing initials below at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had many opportunities to consult with legal counsel and obtain an explanation of liquidated damage provisions of the time that this CONTRACT was made. CONTRACTOR Initial Here: COUNTY Initial Here: Santa Clarita Valley Exhibit 12: Page 245 ENCLOSURE B COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S UTILIZATION PARTICIPATION FOR EXCLUSIVE FRANCHISE CONTRACT FOR THE AREA OF SANTA CLARITA VALLEY SELECTED FIRMS Small -Sized Business Category Contractor Name Local SBE SBE Minority Women Disadvantaged DisabledVet none Medium -Sized Business Category Contractor Name none Large -Sized Business Category Contractor Name Burrtec Waste Industries, Inc. n/a n/a n/a n/a n/a n/a NON -SELECTED FIRMS Small -Sized Business Category Contractor Name Local SBE SBE Minority Women Disadvantaged DisabledVet none Medium -Sized Business Category Contractor Name Local SBE SBE Minority Women Disadvantaged DisabledVet none Large -Sized Business Category Contractor Name Arakelian Enterprises, Inc. dba Athens Services n/a n/a n/a n/a n/a n/a USA Waste of California, Inc. dba Waste Management n/a n/a n/a n/a n/a n/a ENCLOSURE C MAPS I 1 1 / 0 0 .6 X C � O C (6 Q N Q Q N _0 a) _ p a_ LL 8LOZ'OZ d.S:31VO Pxw j3a Selected Bid Information ENCLOSURE D Page 1 of 2 Bid Detail Information Bid Number: PW-BRCD999 Bid Title : Exclusive Franchise Contracts for the Areas of E.Charter Oak/Foothill/Ramona/Spadra, E. Pasadena/E. San Gabriel/E. Arcadia/Royal Oaks, and SCV Bid Type : Service Department: Public Works Commodity: GARBAGE/TRASH REMOVAL AND DISPOSAL SERVICE Open Date: 2/1/2018 Closing Date: 3/5/2018 9:00 AM Bid Amount: $ 0.00 Bid Download: Not Available Bid Description PLEASE TAKE NOTICE that the Department of Public Works (Public Works) requests proposals for the contracts for the Exclusive Franchise Areas of East Charter Oak/Foothill/Ramona/Spadra, East Pasadena/East San Gabriel/East Arcadia/Royal Oaks, and Santa Clarita Valley (2018-FA015). Public Works may award up to a total of three contracts for these areas: one for East Charter Oak/Foothill/Ramona/Spadra, one for East Pasadena/East San Gabriel/East Arcadia/Royal Oaks, and one for Santa Clarita Valley. Each area will be evaluated and awarded separately. These contracts have been designed to have a potential maximum contract term of 11 years, consisting of an initial 7-year term and potential additional two 2-year option renewals. The Request for Proposals (RFP) with contract specifications, forms, and instructions for preparing and submitting proposals may be accessed at http://dpw.lacounty.gov/brcd/servicecontracts/ or may be requested from Mr. David Pang at (626) 458-7167 or dpang@dpw.lacounty.gov or Ms. Anna Leung at (626) 458-4072 or aleung@dpw.lacounty.gov, Monday through Thursday, 7 a.m. to 5 p.m. PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THIS SOLICITATION. ALL ADDENDA AND INFORMATIONAL UPDATES WILL BE POSTED AT http://dpw.lacounty.gov/brcd/servicecontracts. Public Works' 'Business Opportunities" Website Registration: All interested proposers for this RFP are strongly encouraged to register at hftp://dpw.lacounty.gov/general/contracts/opportunities/.�Only those firms registered for this RFP through the website will receive automatic notification when any update to this RFP is made. The County does not have an obligation to notify any proposers other than through the Public Works website's automatic notification system. Doing Business with Local Small Business Enterprise, Disabled Veteran Business Enterprise, and Social Enterprise: The County strongly encourages participation from firms, primes, and subcontractors, which are certified in the County's Local Small Business Enterprise (LSBE), Disabled Veteran Business Enterprise (DVBE), and Social Enterprise (SE) Preference Programs. The County's LSBE, DVBE, and SE Preference Programs require firms to complete a certification process to receive certain benefits allowed only for LSBE, DVBE, and SE, such as a 15 percent price preference, not to exceed $150,000, when applicable and LSBE Prompt Payment Program. The following link provides additional information on being a County certified LSBE, DVBE, and SE: http://dcba.lacounty.gov. Minimum Mandatory Requirements: At the time of proposal submission, proposers must meet all minimum mandatory requirements set forth in the RFP document including, but not limited to: 1. Proposer must have three years of experience collecting and managing refuse, recyclable materials, and green waste from single-family and multifamily residences. This information must be identified in the proposal and must be included in Form PW-18, Proposer's Compliance with the Minimum Mandatory Requirements of the RFP. 2. Proposer must possess the required valid Waste Collector Permit naming the Proposer as the permittee or a copy of the application for a Waste Collector Permit naming the Proposer as the permittee issued by the County of Los Angeles Department of Public Health at the time of proposal submission. This information must be identified in the proposal and must be included in Form PW-18, Proposer's Compliance with the Minimum Mandatory Requirements of the RFP. 3. Proposer must also submit a Proposal Guaranty as outlined in Part I, Section 3.A.15., Proposal Guaranty. This information must be identified in the proposal and must be included in Form PW-18, Proposer's Compliance with the Minimum Mandatory Requirements of the RFP. A separate proposal guaranty must be submitted for each area that the proposer is submitting a proposal for. PLEASE NOTE THAT PROPOSERS ARE RESPONSIBLE FOR INDEPENDENTLY INVESTIGATING SERVICE CONDITIONS IN THE SERVICE AREAS PRIOR TO PROPOSAL SUBMISSION. A Proposers' Conference will be held on Monday, February 12, 2018, at 1:30 p.m. at Public Works Headquarters, 900 South Fremont Avenue, Alhambra, CA 91803, in Conference Room B. ATTENDANCE BY THE PROPOSER OR AN AUTHORIZED REPRESENTATIVE IS MANDATORY. Public Works will reject proposals from those whose http://camisvr.co.la.ca.us/lacobids/BidLookUp/BidDesc.asp 2/1/2018 Selected Bid Information Page 2 of 2 attendance at the conference cannot be verified. Attendees should be prepared to ask questions at that time about the specifications, proposal requirements, and contract terms. After the conference, Proposers must submit questions in writing and request information for this solicitation within three business days from the date of the conference. The deadline to submit proposals is Monday, March 5, 2018, at 9:00 a.m. Please direct your questions to Mr. Pang at (626) 458-7167 or Ms. Leung at (626) 458 4072. Contact Name : David Pang Contact Phone# : (626) 458-7167 Contact Email : dpang(cadpw.lacounty.gov Last Changed On : 2/1/2018 2:45:21 PM Back to Last Window http://camisvr.co.la.ca.us/lacobids/BidLookUp/BidDesc.asp 2/1/2018 AMENDMENT 1 TO CONTRACT NO. 003429 EXCLUSIVE RESIDENTIAL FRANCHISE AGREEMENT FOR THE AREA OF SANTA CLARITA VALLEY THIS AMENDMENT, made and entered into this 25th day of August 2020, by and between the COUNTY OF LOS ANGELES, a subdivision of the State of California, a body corporate and politic (hereinafter referred to as COUNTY) and Burrtec Waste Industries, Inc., a California corporation (hereinafter referred to as CONTRACTOR). W ITNESSETH WHEREAS, CONTRACT No. 003429 was entered into between the COUNTY and the CONTRACTOR, on October 29, 2018, to provide Exclusive Residential Franchise Services For The Area Of Santa Clarita Valley for a period of 7 years with two 2-year renewal options commencing on November 1, 2018; and WHEREAS, the COUNTY has exercised the initial seven year term; and WHEREAS, the current term of the Contract is set to expire on October 31, 2025, with two additional 2-year renewal options; and WHEREAS, the COUNTY, in accordance with the motion adopted by the Board of Supervisors on June 9, 2020, and due to the current fiscal crisis caused by the COVID-19 epidemic, has requested, and the CONTRACTOR has agreed to offer a voluntary price reduction for the goods and services provided to the COUNTY without any reduction in the quantities or qualities of the goods and services provided to the County; and WHEREAS, the COUNTY and CONTRACTOR desire to implement a cost reduction of all rates specified in Form PW-4.3.3 (Task 2 Service Fees) through the end of the 2020- 21 fiscal year, ending on June 30, 2021; and WHEREAS, the CONTRACTOR is willing to continue to provide the service, under the Contract's existing terms and conditions, at the reduced rates outlined in this AMENDMENT with no new additional contract terms or extensions; and NOW, THEREFORE, in consideration of these facts and payment to be made by the COUNTY, the COUNTY and the CONTRACTOR agree that Contract No. 003429 between them shall be amended as follows: FIRST: CONTRACTOR shall provide the COUNTY with a 5 percent cost reduction up to the first $20,000 in services of all rates specified in Form PW-4.3.3 (Task 2 Service Fees) and/or all submitted invoices without any reduction in the quantities or qualities of the goods and services provided to the COUNTY commencing on execution by both parties and shall remain reduced until June 30, 2021. Page 1 of 3 SECOND: Except as modified by this AMENDMENT, all other terms, conditions, requirements, and specifications of this CONTRACT shall remain in full force and effect, including but not limited to Labor Law Compliance, and CONTRACTOR shall continue to comply with all applicable provisions of the Labor Code of the State of California as well as all other applicable Federal, State, and local laws related to labor including compliance with prevailing wage laws, minimum wage, and Living Wage. THIRD: This Amendment constitutes the entire agreement between the COUNTY and the CONTRACTOR with respect to the subject matter of this Amendment and supersedes all prior and contemporaneous agreements and understandings. This AMENDMENT may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Amendment. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Amendment and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Amendment had been delivered had been signed using a handwritten signature. Contractor and County (i) agree that an electronic signature, whether digital or encrypted, of a party to this Amendment is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will rely on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this Amendment based on the foregoing forms of signature. If this Amendment has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, e-mail or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction. H H 11 11 Page 2 of 3 IN WITNESS WHEREOF, the COUNTY has, by order of its Board of Supervisors, caused these presents to be subscribed by the Director of Public Works, and the CONTRACTOR has subscribed its name by and through its duly authorized officers, as of the day, month, and year first written above. APPROVED AS TO FORM: MARY C. W ICKHAM County Counsel By Deputy COUNTY OF LOS ANGELES By Director of Public Works Its President for Type or Print Name ByA - ------- Its S reta Type or Print me PAaepub\Service Contracts\CONTRACT\David\COST REDUCTIOMAmendmenMmendment Cost Reduction for Contract No. 3429 Revised 8.19.20.doc Page 3 of 3 VOLUNTARY PRICE REDUCTION RESPONSE CONTRACTOR NAME: Burrtec Waste Industries, Inc. CONTRACT NUMBER: 3429 Santa Clarita Vallev, Task 2 CONTACT NAME, PHONE NUMBER, AND EMAIL: Richard Nino, 909-429-4200, rnino@burrtec.com Please Check One: ® YES, we offer to the County of Los Angeles a percentage cost reduction for the above - referenced contract the upcoming fiscal year, from July 1, 2020 through June 30, 2021. The proposed cost reduction shall be applied to the fee schedule and/or all our submitted invoices to Public Works during that fiscal year, and shall be as follows: 5 % Up to the first $20,000 in services Any cost reduction proposed is subject to review and approval by Public Works and will be memorialized through a Contract Amendment. Should Public Works wish to accept or negotiate Contractor proposed cost reduction, you will be contacted. Please note that except for Contract reduced cost, all other terms, conditions, requirements, and specifications of this Contract shall remain in full force and effect, including but not limited to Labor Law Compliance, and the Contractor shall continue to comply with all applicable provisions of the Labor Code of the State of California as well as all other applicable Federal, State, and local laws related to labor including but not limited to compliance with prevailing wage laws, minimum wage and Living Wage. ❑ NO, we do not intend to offer the County of Los Angeles a percentage contract cost reduction for the above -referenced contract. Note: The undersigned is an authorized officer bind the Contractor to each and every term and/or in the Contract and that all require m 71z such actual authority. Cole Burr ictor who has actual authority to obligation contained in this letter ctor have been fulfilled to provide 7/27/20 PRINT NAME SIGNATURE DATE President 909-429-4200 cole@burrtec.com TITLE PHONE NO. E-MAIL ADDRESS AMENDMENT 2 TO CONTRACT NO. 003429 EXCLUSIVE FRANCHISE AGREEMENT FOR THE AREA OF SANTA CLARITA VALLEY THIS AMENDMENT, made and entered into this 29th day of December, 2020, by and between the County of Los Angeles political subdivision of the State of California (hereinafter referred to as COUNTY) and BURRTEC WASTE INDUSTRIES, INC., a California corporation (hereinafter referred to as FRANCHISEE). WITNESSETH WHEREAS, on October 16, 2018, the County awarded CONTRACT No. 003429 (hereinafter, CONTRACT) to FRANCHISEE. FRANCHISEE to provide services consisting of weekly, fully automated, separate collection in carts, processing, disposal of refuse, comingle recyclable materials, and green waste generated by single-family residences and duplexes (hereinafter, Residential Franchise Service) in the unincorporated area of Santa Clarita Valley, commencing on November 1, 2018, for a period of seven years with two 2-year renewal options; and WHEREAS, on October 16, 2018, the Board delegated authority to the Director of Public Works or his designee, to, among other things, execute the CONTRACT with FRANCHISEE, renew the CONTRACT for each additional renewal option, and approve and execute amendments to incorporate necessary changes within the Residential Franchise Services and specifications; and WHEREAS, on May 19, 2020, the Board delegated authority to the Director of Public Works or his designee to execute amendments to the CONTRACT to address various market and legislative changes affecting the solid waste collection industry, including but not limited to increasing the Monthly Rate per Customer for Task 1 Customer Services up to 30 percent; and WHEREAS, the term Commencement Date means the date collection services were first provided, November 1, 2018. Additionally, the following terms are used interchangeably: FRANCHISEE with CONTRACTOR, AGREEMENT with CONTRACT, Customer Service Charge with Customer Service Fee, and County Service Charge with County Service Fees; and WHEREAS, the COUNTY desires to enhance refuse collection in the unincorporated area of Santa Clarita Valley; and NOW, THEREFORE, in consideration of these facts, the COUNTY and the FRANCHISEE agree that the CONTRACT shall be amended as follows: FIRST: The COUNTY and CONTRACTOR agree that effective January 1, 2021, the Monthly Rate per Customer for Task 1 Customer Services will be $26.24. Page 1 of 3 SECOND: This AMENDMENT will take effect upon execution by both parties. THIRD: Except as modified by this AMENDMENT, all other terms, conditions, requirements, and specifications of this CONTRACT shall remain in full force and effect. Page 2 of 3 IN WITNESS WHEREOF, the COUNTY has, by order of its Board of Supervisors, caused these presents to be subscribed by the Director of Public Works, and the CONTRACTOR has subscribed its name by and through its duly authorized officers, as of the day, month, and year first written above. APPROVED AS TO FORM: RODRIGO A. CASTRO-SILVA Acting County Counsel By %a44, Deputy COUNTY OF LOS ANGELES By Director Opublic Works AN am Cole Burr Its President Ty r Print Name By - A U, Secretary Tracy A. Burr Type or Print Name P:\aepub\Service Contracts\CONTRACT\David\FRANCHISE - RESIDENTIA!.12020\Amendments\Santa Ciadta Rate Adj Amendment 01212021 (RVU).docx Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On December 21, 2020 before me, Michele Zamora, Notary Public personally appeared Cole Burr and Tracy Burr MICHELE ZAMORA Notary Public - California = San Bernardino County Commission M 2237654 y Comm. Expires May 9, 2022 w+�iwra Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hekAe/they executed the same in WsA4edtheir authorized capacity(ies), and that by /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. T my hand and official seal. Signature of -Notary P bli OPTIONA Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document: Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" MARK PESTRELLA, Director June 17, 2021 Mr. Cole Burr, President Burrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, CA 92335 Dear Mr. Burr: 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 TRANSMITTAL OF EXECUTED AMENDMENT IN REPLY PLEASE REFER TO FILE: BRC-1 003429 Enclosed is your copy of Amendment 3 to Contract No. 003429 for work entitled Exclusive Franchise Agreement for the Area of Santa Clarita Valley as approved and executed by the Director of Public Works. This Amendment commenced on June 15, 2021. Please continue to submit the updated proof of insurance and performance bond as necessary. The proof of insurance must reflect the County as additionally insured. Please send the proof of insurance and performance bond to: Los Angeles County Public Works, Business Relations and Contracts Division, Attention Mr. David Pang, via scanned e-mail to dpang(Qpw.lacounty.gov. Your Public Works Contract Manager for this service will continue to be Mr. Steve Milewski of our Environmental Division who may be reached at (626) 458- 3573, Monday through Thursday, 7 a.m. to 5:30 p.m. Mr. Cole Burr June 17, 2021 Page 2 Follow us on Twitter: We encourage you to follow us on Twitter @LACoPublicWorks for information on Public Works and instant updates on contracting opportunities and solicitations. Very truly yours, MARK PESTRELLA, PE Director of Public Works for JOSE QUEVEDO Assistant Deputy Director Business Relations and Contracts Division DP P:\aepub\Service Contracts\CONTRACT\David\FRANCHISE - RESIDENTIAL\2021\Amendment\Transmittal of Executed Amend men ts\TRANS EXE AMENDMENT Burrtec 003429.doc Enc. AMENDMENT 3 TO CONTRACT NO. 003429 EXCLUSIVE RESIDENTIAL FRANCHISE AGREEMENT FOR THE AREAS OF SANTA CLARITA VALLEY THIS AMENDMENT, made and entered into this 15thday of June , 2021, by and between the COUNTY OF LOS ANGELES, a subdivision of the State of California, a body corporate and politic (hereinafter referred to as COUNTY) and Burrtec Waste Industries, Inc., a California corporation, located at 9890 Cherry Avenue, Fontana, California 92335 (hereinafter referred to as CONTRACTOR). WITNESSETH WHEREAS, on October 16, 2018, the Board of Supervisors (Board) awarded CONTRACT No. 003429 CONTRACTOR, to provide refuse, green waste, and recyclables collection services to residential properties in the unincorporated area of Santa Clarita Valley for a period of seven years with two 2-year renewal options to be exercised in the sole discretion of the County, commencing on November 1, 2018, for an aggregate potential term of 11 years; the Board further authorized the Director of Public Works or his designee to approve and execute amendments to the CONTRACT to incorporate necessary changes within the CONTRACT services and specifications; and WHEREAS, on May 19, 2020, the Board delegated authority to the Director of Public Works or his designee to execute amendments to the CONTRACT to address various market and legislative changes affecting the solid waste collection industry, including but not limited to: (1) increasing the Monthly Rate per Customer for Task 1 Customer Services up to 30 percent; (2) authorizing the County to direct the CONTRACTOR to take solid waste to one of the facilities specified by the County for the purposes of increasing diversion. CONTRACT No. 003429 was amended on December 29, 2020 to adjust the rate and modify the flow control provisions; WHEREAS, CONTRACT No. 003429 is currently in the third year of its initial contract term; WHEREAS, COUNTY desires to include a provision in the contract that will allow the annual rate adjustment to account for changes in the recyclables market; WHEREAS CONTRACTOR is to complete Enclosure A, Attachment 2.1 Rate Schedule to indicate the revised rates for Customer Service Task 1 and County Service Task 2 with rates effective July 1, 2021 except for the two rates listed as Monthly Rate for Basic Services (January 1, 2022), to provide Senate Bill 1383 compliant services; WHEREAS the terms CONTRACTOR and FRANCHISEE shall mean the same and be used interchangeably; WHEREAS, DIRECTOR shall have the final word in clarifying any reference discrepancies, such as when AMENDMENT refers to the incorrect or missing item; Santa Clarita Valley Page 1 NOW, THEREFORE, in consideration of these facts, the COUNTY and the CONTRACTOR agree that Contract No. 003429 between them shall be amended as follows: FIRST: Section 1, item A, number 2, Grant of Exclusive Franchise for Collection in Carts, page 1-4, is deleted in its entirely and replaced with the following: Grant of Exclusive Franchise for Collection in Carts COUNTY grants to CONTRACTOR and CONTRACTOR accepts the exclusive right and privilege together with the obligation to provide Task 1 Customer Services, by making independent arrangements with customer, with respect to solid waste discarded in Carts at Residential Premises within the Service Area, subject to all the terms and conditions in this CONTRACT and the exclusions in subsections B (Exclusions from Service) and C (Exclusions from Exclusivity) of this Section. If a city annexes any portion of the Service Area, COUNTY shall replace the maps of the Service Area in Item A1.3 of Exhibit 16 with new maps that reflect deletion of the annexed area on the date that the annexation becomes effective. County Service Fees will be adjusted in accordance with Item C 12 of Section 7 SECOND: Section 1, item B, Exclusions from Service, page 1-6, the following items are added: Collection from Commercial and Multifamily Premises This CONTRACT excludes the right and privilege to Collect from Commercial Premises and Multifamily Premises with five or more units. 7. Collection of Solid Waste in Dumpsters This CONTRACT excludes the right and privilege to provide Collection, transport, and Disposal/Diversion of Solid Waste in Dumpsters, excluding Manure -only Dumpsters. Persons may arrange with the COUNTY Authorized Commercial Waste Hauler to provide MSW Management Services for Manure in Dumpsters. Persons may have Carts with exclusive Collection services from CONTRACTOR and have a Manure Dumpster with service from another waste hauler. THIRD. Section 1, item C. 3. Food Waste and 4. Collection of Solid Waste in Dumpsters in Exclusions from Exclusivity, on page 1-7, is deleted in its entirety and replaced with: Santa Clarita Valley Page 2 Single -Pass Accounts This CONTRACT is not exclusive in regard to Collection, transportation and Disposal/Diversion from Customers that request and are approved by Director for one truck for the Refuse, Recyclables, and Green Waste Municipal Solid Waste Services. 4. Certain Organic Waste Collection a. Micro -Haulers This CONTRACT excludes the exclusive right and privilege to Collect Organic Waste that Occupant provides to Director approved/contracted Micro -Hauler. Director allows certain Customers to utilize Micro -Haulers to Collect, transport, and Divert part or all their Organic Waste that they generate, including but not limited to the collection of Manure, Landscaping, Food Waste. Micro -Haulers are not to provide Organic Waste Collection service to an Occupant equal to or more than one 64-gallon container collected weekly. Micro -Haulers are not to exceed collection threshold of 3 tons of Organic Waste per month within the Service Area. b. Ons to Management 14 This CONTRACT excludes the exclusive right and privilege to Collect Organic Waste that Occupant manages on the site where it is generated, such as onsite composting. This CONTRACT excludes the exclusive right and privilege to Collect Manure. Manure may be Collected by CONTRACTOR or the County authorized hauler for the area. FOURTH. Section 11, item B. Emergency Assistance (Contract Services), on pages 11-54 to 11-56, are deleted in its entirety and replaced with the following: Depending on the extent and magnitude of an emergency, Customers may encounter issues with making payments and CONTRACTOR may be unable to fulfill all CONTRACT requirements. Upon declaration of a Federal, State or Local emergency, Director may implement the policies below with written Notice regarding Task 1 Customer Services. CONTRACTOR is not required to promote items 1, 2 or 3 to the public. No Stop Service Santa Clarita Valley Page 3 CONTRACTOR shall not stop service to any account for delinquent payment during an emergency. Not applicable to debt prior to the emergency. 2. No Late Fees CONTRACTOR shall not charge late fees on bills unpaid amount incurred during the emergency. Not applicable to debt prior to the emergency. 3. Extended Payment Option CONTRACTOR shall allow Customers up to 12 months after an emergency is declared over to make monthly payments to debt incurred during the emergency. Not applicable to debt prior to the emergency. 4. Adjustment of Existing Services Director shall consider implementing changes such as the following and will Notify CONTRACTOR if such changes are implemented • Non -essential services suspended o Annual Cleanup Events delayed o Compost/Mulch Giveaways delayed o Cart exchanges if they are still usable • Bulky Item collection may be delayed up to 3 weeks from call -in Collection hours are expanded to 6 am to 8 pm • Time required to speaking to a live customer service representative may be extended but Director must be notified if the average time exceeds 20 minutes. • Weekly collection modified o Biweekly Green Waste o Biweekly Recyclables (residents stockpile and compact their containers to fit more) o Alternating weeks of Recyclables and Green Waste o Comingled Recyclables and/or Green Waste with Refuse 5. Adjustment of Franchise Fees a. Debt Incurred During Emergency 12 months after a Federal, State, or locally declared emergency, COUNTY will match the debt incurred as a result of Customers not paying their bills during an emergency. CONTRACTOR must submit documentation to the satisfaction of the Director. Future Franchise Fees invoices will be adjusted by Director. For example, if the CONTRACTOR has $100,000 in unpaid bills 12 months after an emergency, Director will reduce the Franchise Fee invoice by $50,000. If CONTRACT will terminate prior to the 12 months, Director will consider an alternate timeline. Santa Clarita Valley Page 4 At any time after the Director has authorized the debt to be deducted from Franchise Fee and CONTRACTOR is able to recover additional payments from Customers, or former Customers, those recovered funds must be shared equally with COUNTY. h., Franchise Fee Payment Extension Director will consider adjusting Franchise Fees during an emergency, extending the deadline to pay an invoice. 6. Contract Extension In the event of a declared emergency lasting three months or longer and resulting in implementation of items 1, 2 and 3, subject to approval by the Board of Supervisors, COUNTY may extend the CONTRACT Term by the duration equal to that of the duration of the implementation of items 1, 2, and 3. FIFTH: Exhibit 3A1, item E, Vehicles, page 10 to 13, is deleted in its entirety and the following is added to Section 3, page 16: Vehicles 1. General CONTRACTOR shall provide Vehicles of appropriate numbers, sizes, capacities, and functions required for the efficient Collection of different types of Solid Waste, such as Refuse, Recyclables, Organic Waste, Bulky Items, and Abandoned Waste. CONTRACTOR shall also provide non -compacting Vehicles for the Collection of E-waste, white goods and any other material that contains chlorofluorocarbons. Vehicles shall be so constructed such that Solid Waste or liquids will not blow, fall, sift, or leak out of the truck into the street. CONTRACTOR shall equip Vehicles with a shovel, broom, and petroleum absorbent agents. CONTRACTOR shall comply with any additional requirement with respect to the Vehicle as set forth in Exhibit 3A3. 2. Automation CONTRACTOR shall Collect Refuse, Recyclables, and Organic Waste in automated Collection Vehicles, except CONTRACTOR may Collect the following materials in non -automated Collection Vehicles: o Bulky Items including E-waste o Holiday trees o Solid Waste discarded at Set -Out Sites that are Difficult to Service 3. Fuel/Power Within the first six months after Execution, all Vehicles used for automated Collection must use Liquid Natural Gas (LNG), Compressed Natural Gas Santa Clarita Valley Page 5 (CNG), Renewable Natural Gas (RNG), electric, or other alternatives to diesel fuel, as approved by Director unless Contractor Documentation provides otherwise with respect to Collection at Premises that are difficult to serve as permitted in item O of this Exhibit. To assist COUNTY in complying with procurement requirements in SB 1383, CONTRACTOR must use Reasonable Business Efforts to utilize SB 1383 compliant RNG for a portion its fuel usage in its Collection fleet. 4. Extra Vehicles CONTRACTOR shall maintain enough back-up Vehicles to replace similar types of Vehicles in the event of breakdowns and emergencies. Director may specify a minimum number of backup Vehicles. 5. Maintenance CONTRACTOR shall maintain Vehicles reasonably clean, and in good mechanical condition, and well painted, all to the satisfaction of Director. CONTRACTOR shall maintain Records of inspections and maintenance of all mechanical equipment that CONTRACTOR uses to provide Contract Services, including Vehicles. CONTRACTOR will use Vehicles that are safe to operate, in accordance with the requirements promulgated by COUNTY Department of Public Health, California Highway Patrol, South Coast Air Quality Management District, manufacturer, and all other applicable Federal, State, County, and local laws and regulations. CONTRACTOR shall allow Director to view all inspection and maintenance Records and shall provide Director with those Records upon request. CONTRACTOR is not required to provide new Vehicles on the Commencement Date or to retire Vehicles of any specified age. However, CONTRACTOR shall not operate Vehicles that repeatedly breakdown or leak. CONTRACTOR shall replace a Vehicle that Director determines to be of unsatisfactory operating condition, such as one that is frequently breaking down and delaying services, leaking fluids, making noise, or exhibiting other significant issues identified by Director. 6. Vehicle List CONTRACTOR shall use only Vehicles that have been submitted to and approved by Director. CONTRACTOR shall submit a complete list of Vehicles, including back-up Vehicles, using Form V, accessible through Director's Solid Waste Information Management System (SWIMS) and update it as Vehicles change. Santa Clarita Valley Page 6 7. Vehicle Billboards CONTRACTOR shall equip automated Collection Vehicles with frames on both sides capable of securing signs measuring approximately 30 inches by 90 inches or another dimension approved by Director. CONTRACTOR shall design, print, and install signs on each frame promoting Recycling, Diversion and safe handling of Unpermitted Waste or other topics as requested by Director, with text, graphics, and design approved by Director, up to six times throughout the CONTRACT term. CONTRACTOR shall ensure that the appropriate Director -approved signs are affixed to the Vehicle always. Director reserves the right to interchange any of the six signs up to four times per Contract Year. CONTRACTOR shall not use the billboards for commercial advertising. 8. Company Name CONTRACTOR's name or other name, as approved by Director, and logo shall appear on all Vehicles. 9. Vehicle Monitoring In all Vehicles used for Collection of Task 1 or Task 2 Services, CONTRACTOR shall install devices to monitor Vehicles' operations, including Global Positioning Systems (GPS) that record Vehicle's route and within 6 months of Director's request, at a minimum, a camera facing forward and a camera facing the Solid Waste as it falls into the Vehicle. Monitoring equipment must be recording once a Vehicle leaves the yard during days of operation. Providing access to live streaming of video or GPS data to Director is not required but CONTRACTOR must provide COUNTY any software or licenses required to view recording or data. Reports submitted to Director are to include maps of the vehicle's location with times as recorded based on the pinging and the video captured by the cameras, both with time and date stamps. On a weekly basis, Director may request copies of Reports for one specific location and a second location within a Hot Zone, if applicable to the Service Area. This will typically be for one block of a street or alley. Director may request additional locations if Director suspects that the terms of the CONTRACT are being violated. For example, a high number of missed Collections or complaints of Collection after 6 pm would be an indicator for requesting additional Reports. On a monthly basis, Director may request a copy of Reports for one entire Collection route that a specific Collection Vehicle travels in one day. This will typically be from the time the Vehicle leaves the yard until it returns at the end of the day. Santa Clarita Valley Page 7 CONTRACTOR shall provide copies of Reports within two business days of receiving Director request. Request may be for a specific time or a geographic location (e.g. between 10:00 a.m. and 11:00 a.m., or 1200 block of Main St.). CONTRACTOR's failure to provide Reports requested by Director within time specified by Director may be considered an admission of fault for the purposes of assessing Liquidated Damages. For example, if CONTRACTOR does not give Director a requested Report, within a period specified by Director, to verify that a Vehicle Collected all Containers on an identified block, Director may assume that CONTRACTOR did not Collect those Containers and assess Liquidated Damages. Video Equipment Video equipment and recording is required at the start of AMENDMENT. Video must be geotagged for location, time/date stamped, and at a resolution adequate to clearly identify the location being serviced and typically not less than 1280 x 720 at 30 frames per second. Recording of the video must be segmented for each Collection and not continuous for the entire route. CONTRACTOR shall retain all videos in an electronic format for a minimum of 14 calendar days, or other duration as requested by Director. (1) Forward Facing Camera CONTRACTOR's automated Collection Vehicles shall be equipped with functioning, forward facing, or angled slightly to the right, video recording equipment to validate service complaints such as missed Collections and other items that may be of interest to Director. (2) Waste Collection Facing CONTRACTOR's automated Collection Vehicles shall be equipped with functioning, video recording equipment to validate Occupant compliance with County Disposal practices and applicable laws. Camera is to face forward on a front - loading Vehicle and toward the curb/passenger side for side - loading Vehicles. Video may be of interest to Director for use in conducting route reviews and contamination investigations required under SB 1383. CONTRACTOR is to conduct a route review for prohibited Container contaminants on randomly selected Containers in a manner that results in all Collection routes being reviewed Santa Clarita Valley Page 8 annually. This may include CONTRACTOR's driver monitoring the live video screen or office staff reviewing recordings, looking for contamination and tag/mark each video for further investigation by Director. CONTRACTOR is to include a plan for Director's approval to accomplish this requirement within 60 calendar days of CONTRACT Execution. b. Global Positioning System (GPS) GPS data will be maintained by CONTRACTOR either directly or through a third -party service. The GPS shall be able to track a Vehicle's route with lines or dots superimposed on a map. The GPS shall gather the following data: date, time, speed, direction, location (address) and shall be able to generate Reports. CONTRACTOR shall retain all data for a minimum of 30 calendar days or other duration approved by Director. The minimum locate schedule (ping frequency of occurrence that GPS data is received from the Vehicle) shall be at least every one minute for fully automated Collection and at least every ten seconds for other Collection Vehicles, when within the Service Area. 10. Special Vehicles See Exhibit 3A3 for possible special Vehicle requirements in this Service Area. This is likely only for areas with significant mountainous terrain. 11. Scales Within 6 months of Director's request, all Automated Collection Vehicles are to have the ability to weigh each Container as it Collects from each Occupant's Set -Out Site. This data is to be connected to each service address and submitted upon Director's request. Scales are not required at the start of AMENDMENT. 12. No Comingling of Abandoned Waste and Bulky Items CONTRACTOR shall use separate Vehicles for the Collection of Abandoned Waste and Bulky Items. This is necessary in order to allow CONTRACTOR to report the tonnages of each type of waste. However, Director may consider approving comingling in Service Areas with very little Abandoned Waste. SIXTH: Exhibit 3A1, item C. Diversion, on pages 3 and 4 is deleted in its entirety and replaced with the following: Santa Clarita Valley Page 9 C. Diversion I. Divert Materials a. Refuse Transport and Disposal CONTRACTOR shall transport all Refuse that it Collects to the Solid Waste Facility that is in Contractor Documentation in Exhibit 3D. b. Recyclables Transport and Processing (1) Facility Designated in Exhibit 3D CONTRACTOR shall transport all Recyclables that it Collects to the Processing facility that it designates in Contractor Documentation in Exhibit 3D, such as a materials recovery facility. (2) Facility Standards Director reserves the right to set Processing facility standards, review documentation, and inspect facilities in the future and not allow use of facilities that do not meet Director's standards. (3) E-WasT CONTRACTOR shall Recycle and dismantle all E-waste that it Collects into materials that meet commercial standards for marketable commodities such as metals, plastic, and glass in a facility that operates within the United States. CONTRACTOR shall not ship any other E-waste or E-waste components outside the United States. CONTRACTOR shall demonstrate compliance with this subsection in the form of an affidavit from the proposed E-waste recycler. C. Organic Waste Transport and Processing (1) Facility Designated in Exhibit 3D CONTRACTOR shall transport all Organic Waste (Green Waste and Food Waste) that it Collects from Green Waste Containers and/or Food Waste Containers to the Processing Facility that it designates in Contractor Documentation in Exhibit 3D. Santa Clarita Valley Page 10 (2) SB 1383 Compliancr, CONTRACTOR shall transport Organic Waste to facilities that are compliant with SB 1383 requirements, as set forth in Article 2, Section 18983.1(b), except that land application is not allowed under this CONTRACT. Land application will only be allowed with written approval by Director due to a lack of other viable facilities. Contractor shall secure adequate, verifiable Organic Waste Diversion capacity to handle all of the Organic Waste that it collects in accordance with this agreement d. Manure Transport and Processing CONTRACTOR shall transport Manure to the Processing Facility that it designates in Contractor Documentation in Exhibit 3D. 2. Reasonable Business Efforts to Divert CONTRACTOR shall use Reasonable Business Efforts to Divert the following materials that it Collects: a. Bulky Items Bulky Items in accordance with item H3 of Exhibit 3A1 and item B of Exhibit 3A3. b. Abandoned Waste Abandoned Waste Collected in accordance with Exhibit 3A2 C. Excess Solid Wast Excess Solid Waste Collected in accordance with item H2 of Exhibit 3A1 and item B of Exhibit 3A3. Manure observed in Refuse Containers by offering Manure -only Containers CONTRACTOR shall Dispose the items, listed in this subsection, Collected from Customers and Occupants pursuant to this CONTRACT in accordance with the following hierarchy: Santa Clarita Valley Page 11 a. Reuse, as -is e. Disassemble, for reuse or Recycling Recycle g- Conversion h. Disposal CONTRACTOR shall not Dispose of the items, listed in this subsection, in a landfill unless the items cannot reasonably be reused or Recycled. 3. Source Separation and Organic Waste Diversion CONTRACTOR is required to assist COUNTY to comply with all applicable laws, including SB 1383 and regulations thereunder which require the State to achieve Organic Waste Disposal reduction targets. COUNTY intends to have Organic Waste Diverted from landfills at the start of this AMENDMENT. However, COUNTY reserves the right to either delay implementation, stop, or start Organic Waste Diversion at any time. Therefore, CONTRACTOR is to include amounts for Diversion and Disposal in Attachment 2.1, Rate Schedule, Task 1 Schedule of Prices. COUNTY has determined that compliance with Article 3, Section 18984.1: Three -Container Organic Waste Collection Services of SB 1383, is the default methodology to implement the requirements of SB 1383 and must be used by CONTRACTOR, unless otherwise approved by Director. CONTRACTOR may submit an alternate method with a corresponding bid price. The CONTRACTOR is required to do the following: • Green Waste Container will be for all Organic Waste and its contents shall be transported to a facility that processes source separated Organic Waste, unless a separate Food Waste Container is provided. • Recyclables will include wood, dry lumber, and textiles as part of Bulky Item Collection but are not to be placed in the Recyclables Cart. • Occupants will not be permitted to place Organic Waste, including Food Waste, in the Refuse Container and must source separate it in the Green Waste or Food Waste Container. • Food Waste Containers may be provided to Occupants that generate significant quantities of Food Waste and must have a brown lid. • Containers at Homeless Encampments will be treated as public receptacles and therefore not considered Unsegregated Single - Container Collection Services as set forth in Section 18984.3 of SB Santa Clarita Valley Page 12 1383 and therefore their waste is not required to go to a high diversion Organic Waste processing facility. In accordance with Section 18984.5 of SB 1383, CONTRACTOR will conduct a route review for Prohibited Container Contaminants on randomly selected Containers in a manner that results in all Collection routes being reviewed annually. This may include CONTRACTOR's driver monitoring the live video screen to look for contamination or reviewing the video later to detect such contamination. Upon finding Prohibited Container Contaminants, CONTRACTOR shall provide written notice to Occupants. CONTRACTOR'S written notice to Occupants shall include information regarding how to properly separate materials. The CONTRACTOR shall leave the written notice on the Container, on the door, or mailed to the generator so that generator receives the notice prior to the next Collection. CONTRACTOR shall provide to the Director a quarterly Report of number of Containers reviewed, number of violations noted or observed, the date the violations were noted/observed, and the location or route where the violations were noted/observed. For each location with an observed violation, CONTRACTOR is to review that same location during the next scheduled Collection and report any violations to the Director. o If a second consecutive violation is noted/observed, CONTRACTOR is to review that same location during the next scheduled Collection and report any violations. o If a third consecutive violation is noted/observed, CONTRACTOR is to review that same location during the next scheduled Collection and report any violations and include photos or videos of the contamination in the Report. SEVENTH: Exhibit 3A1, page 19, item H.7.Mulch and Compost Giveaway Program is deleted in its entirety and will be replaced with item 7. Mulch and Compost Giveaway Program and item 8. Director's Fund, with the below language: i. Mulch and Compost Giveaway Program CONTRACTOR shall twice annually, publicize and offer Occupants Mulch (i.e., shredded bark and wood chips) and Compost at no additional charge to Customers, Occupants, or COUNTY. This shall occur once in the early Spring and again in the early Fall, or at alternate dates as requested or approved by Director. CONTRACTOR must provide recovered Organic Waste products as set forth in Article 12 of SB 1383. CONTRACTOR shall use Reasonable Business Efforts to offer Mulch and Compost that were Santa Clarita Valley Page 13 produced from Green Waste generated in the Service Area, unless otherwise approved by Director. See item A of Exhibit 3A3 for required minimum quantities of Mulch and Compost. All materials shall be tested and certified per requirements of the Local Enforcement Agency. CONTRACTOR shall comply with the California Department of Food and Agriculture's quarantine restrictions for the movement of the Green Waste. (https://www. cdfa. ca.gov/plant/pe/interiorExclusion/quarantine. html) Pickup went CONTRACTOR shall select a location, preferably within the Service Area (typically in the parking lot of a park or school) or other feasible areas approved by Director and shall be responsible for planning and making all necessary arrangements. CONTRACTOR shall provide all the necessary staffing, Vehicles, Containers, and other equipment, and materials or supplies (such as shovels and extra bags). CONTRACTOR shall help participants who request help and shall post a Bilingual sign at the event offering assistance. Upon request of CONTRACTOR, Director may provide some assistance in securing COUNTY facilities. ,b. Deliveryr In lieu of a pickup event, CONTRACTOR may deliver bagged Mulch and Compost, with Director approval. CONTRACTOR shall provide all the necessary staffing, Vehicles, and bags. Within one week after Occupant request, CONTRACTOR shall deliver Mulch and/or Compost to that Occupant's address. 8. Director's Fund Each Contract Year, CONTRACTOR shall create and maintain a fund for use upon Director's request for as -needed tasks similar in nature or related to Contract Services (Task 1 and Task 2 Services). The amount of this fund shall be calculated based on the number of parcels at the rate of $0.09 per parcel per month per year and shall be available for use at the Director's request after the Commencement Date. Parcel counts are based on the number of parcels on the Commencement Date and adjusted annually thereafter. Unused funds shall rollover to the next Contract Year. For example, 5,000 parcels would generate a fund of $0.09 x 5,000 x 12 = $5,400 every year. Examples of use of this fund are as follows: • Power washing of street, alley, or sidewalk Santa Clarita Valley Page 14 • Washing Containers • Printing brochures or flyers • Mailings to Service Area • Ordering of promotional items (reusable bags, pencils, magnets, etc.) • Rollout service, including Collection of a Bulky Item from near the front door of a Residential Premises instead of from the Set -Out Site. EIGHTH: Exhibit 3A2 Task 2 Abandoned Waste On -Call Collection Services, items A, B, C, and D on pages 29 to 37 are deleted in their entirety and replaced with the following: EXHIBIT 3A2 — Task 2 Services Abandoned Waste Collection Services And Public Receptacle Collection Services A. Abandoned Waste Collection, Transportation, and Divers ion/Disposal' Service Locations and Times. CONTRACTOR shall keep the Public Right -of -Way in the Service Area free of Abandoned Waste. The goal is to have any Abandoned Waste for as short of a time as possible, using Reasonable Business Efforts, but never more than seven calendar days. Items at the Set -Out Site shall be considered Bulky Items. CONTRACTOR shall do all the following as further provided under this subsection, unless Director otherwise requires: CONTRACTOR shall monitor the Service Area weekly for Abandoned Waste along established routes while providing all Contract Services, except for Hot Zones under subsection 5 which CONTRACTOR shall monitor daily. CONTRACTOR may use the drivers of its Refuse, Recyclables, and Green Waste Collection Vehicles; route supervisors, or a separate crew. CONTRACTOR is not required to monitor the Public Right -of -Way where its Collection Vehicles do not normally travel. Any roads with Occupants, any roads within the Service Area that CONTRACTOR must to travel to reach the Occupants, all alleys, and any Hot Zones must be monitored. This does not exclude the requirement to Collect Abandoned Waste reported to CONTRACTOR within the Public Right -of -Way but not along a route. For example, there may be a segment of road within the Service Area that CONTRACTOR does not ordinarily travel while providing Contract Services. CONTRACTOR is not required to look for Abandoned Waste on that road segment. An exception is if a Santa Clarita Valley Page 15 Collection Vehicle is driving to Collect Abandoned Waste reported to CONTRACTOR. That one-time route must be monitored for Abandoned Waste during that trip. CONTRACTOR is always required to include the number of incidents and the location of Abandoned Waste. If CONTRACTOR uses same Vehicle for Collection of Abandoned Waste and Bulky Items, the two must be distinguished in the Reporting. Within 3 months of the start of CONTRACT services, CONTRACTOR shall use the Director's Trash Monitoring Program (TMP) smartphone application, or other system as determined by Director, to record information such as the location, brief description, and photograph of Collected Abandoned Waste. C. Remove CONTRACTOR shall Collect, transport, and Divert or Dispose of all Abandoned Waste, in unlimited amounts, within the following times: • On the same day as automated Collection specified in Task 1 Services, in item B4 of Exhibit 3A1, Sweep of the entire Service Area; • By the end of the second Service Day after a request by Director or any Person, not including the day of the request; • By the end of the next full Service Day after observation by CONTRACTOR, or request by Director or any Person, for items blocking or hindering passage, or items posing a potential health and/or safety hazard; • By the end of the next Service Day after Director's request for removal of Abandoned Waste at up to 20 locations each Calendar Year, • By the end of the same Service Day of Director's request for removal of Abandoned Waste at up to 5 locations each Calendar Year, • Within any other time agreed upon Director and CONTRACTOR. • With respect to Hot Zones, within the time required under item 5 of Subsection A. CONTRACTOR shall use a broom or otherwise clean and Collect all loose litter and debris within 3 feet of an item of Abandoned Waste. Santa Clarita Valley Page 16 2. Miscellaneous Requirements a. Alternative Vehicles If obstacles impede the progress of Refuse Collection Vehicle such as low, hanging wires; protruding vegetation; and leaning fences, CONTRACTOR shall use alternative Vehicles and equipment. b. Unpermitted Wastes If CONTRACTOR identifies any Unpermitted Waste, CONTRACTOR shall immediately follow its Unpermitted Waste Protocol in accordance with item A of Section 13. C. Very Large /temv If CONTRACTOR identifies any item of Abandoned Waste that is too large or heavy to Collect by two workers in its Refuse Collection Vehicles, it may ask Director for Road Maintenance Division's help. d. Comprehensive Service Service under this Section includes the furnishing of all labor, supervision, administration, material, and equipment. 3. No Longer Used 4. Abandoned Waste and Litter in Alleys CONTRACTOR shall ensure that all alleys including but not limited to wall to wall and/or fence to fence within the Service Area are in a state of cleanliness. Contractor shall Collect, remove, transport, Dispose or Divert, and manage, in unlimited amounts, all discards including, but not limited to, items such as furniture, rugs, household bedding, lawn furniture, refrigerators, dryers, washers, window air conditioners, freezers, stoves, water heaters, other major appliances/metallic discards, covered electronic devices and other consumer electronic devices, car parts, tires, recreational equipment, lumber, plaster, dirt, rocks, bricks, concrete, asphalt, tree stumps, roadside debris, refuse, green waste, and combustible/noncombustible rubbish found in the alleys, regardless of whether it was accidentally and/or illegally discarded or occurred there by natural and other causes. Contractor shall also pick-up, clean, and collect from all alleys within the Service Area, all loose litter and debris, such as paper, bottles, cans, dirt, organic material, and other incidental litter. The Contractor shall carry on Santa Clarita Valley Page 17 each truck, hand tools such as rakes, shovels, and brooms to aid with the clean-up of incidental litter and debris. Director may add alleys. 5. Daily Monitoring and Clean up in Hot Zones Hot Zones are areas where Abandoned Waste is dumped frequently, or areas Director deems important to keep free of Abandoned Waste. CONTRACTOR shall monitor, remove and clean up Abandoned Waste in Hot Zones daily, Monday through Friday (or the day after a Holiday) between the hours of 6 a.m. and 6 p.m. for the following locations: • The locations of Hot Zone are shown in item A2 of Exhibit 16. • If there are no Hot Zones, then the feet listed in item A2 of Exhibit 16 will be 0 or n/a. • Director may amend item A2 of Exhibit 16 upon Notice to CONTRACTOR, including increasing the existing route length by up to 300 percent. Amendments are subject to agreement with CONTRACTOR on adjusting CONTRACTOR's compensation, except for the rate per foot which will not be adjusted. 6. Paymen COUNTY will pay CONTRACTOR the fee for monitoring, Collecting and Disposal of Abandoned Waste as provided in item C of Section 10, even though under County Code the cost of removing Abandoned Waste is the responsibility of the Person, if known, who discards the waste. R- Public Curbside Receptacles Collection Service The work to be accomplished shall include the furnishing of all labor, supervision, administration, material, and equipment for the clean-up, Collection, transportation, Diversion/Disposal, and management of discards from designated public curbside receptacles, in unlimited quantities, in the Service Area. Item C3 of Exhibit 16 contains a list of the number of receptacles and item A6 of Exhibit 16 contains a map of the locations. Collection CONTRACTOR shall Collect discards from public curbside receptacles by removing the plastic bag and its contents from the inner liner and replacing with a new plastic bag or removing the Refuse or Recyclables from the bag if there were only a few items inside. CONTRACTOR shall supply and use its own plastic bags. The public curbside receptacles are furnished by Santa Clarita Valley Page 18 COUNTY, located along business districts with high pedestrian activity. A public receptacle may include one intended for pet waste. The quantities and locations of the applicable public curbside receptacles as provided and may be subject to change by Director. 2. Maintenance As needed, CONTRACTOR shall also clean and wipe down the outside and liner of the public curbside receptacles as well as clean and Collect, all loose litter and debris, within three feet of the base of the public curbside receptacles, such as paper, bottles, cans, dirt, organic material, and other incidental litter. The standard of cleanliness shall be that there are no odors detectable from outside the receptacle once waste is removed and no visible spills, stains, markings, dust, or dirt on the inside or outside of the receptacles. At a minimum, receptacles are to be cleaned every two weeks. CONTRACTOR shall carry on each truck, rags and hand tools such as rakes, shovels, and brooms to aid with the clean-up of incidental litter and debris. CONTRACTOR shall notify Director of the presence of any graffiti or other markings that deface or detract from the aesthetic quality of the public receptacles. If the graffiti is comprised of obscenities, notification shall be within 24 hours. If any plastic liner is damaged beyond repair, such liner shall be replaced at CONTRACTOR's expense. 3. Collection Schedule a. Standard Public Receptacles CONTRACTOR shall Collect discards from the non -compactor public curbside receptacles, twice per day, Monday through Saturday, with the first Collection occurring between the hours of 7 a.m. and 9 a.m., and the second Collection between the hours of 2 p.m. and 4 p.m. Director reserves the right to reduce the frequency of Collection throughout the Service Area at any time during the Term of this CONTRACT at the sole discretion of Director. See Exhibit 3A3 for possible modifications to the days or times. b. Solar Compacting Public Receptacles CONTRACTOR shall Collect discards from the solar compacting public curbside receptacles as -needed, Monday through Saturday, based on the need indicated on the Internet based monitoring software. The schedule shall not be more frequent than twice per day or longer than seven days for receptacles with Refuse. Santa Clarita Valley Page 19 C. Alternate Collection Frequency While the default Collection schedule is twice per day, Monday through Saturday, 12 times per week, this may be excessive for locations that receive infrequent use. To decrease Greenhouse Gas emissions during Collection, CONTRACTOR shall monitor locations that are often empty or nearly empty and report those to Director. Director may instruct CONTRACTOR to Collect certain receptacles less frequently. 4. Other a. Adjustments to Quantity and Location In the event the quantities, and locations of the public curbside receptacles or the type of Solid Waste discarded (adding Recyclables) in those receptacles change during the Term of this CONTRACT, Director will notify CONTRACTOR of such change in writing. Collections from any additional public curbside receptacle or reduction in public curbside receptacles will be adjusted at the Annual Total identified on Attachment 3.1 Task 2 Service Fees but the rate for individual receptacles will not be adjusted. The number of receptacles over the Term may be increased by up to 300 percent of the current number, which includes doubling the number of receptacles at the time this CONTRACT is executed, to add Recycling plus 25 percent more for new locations. CONTRACTOR will Collect Refuse in additional receptacles within two weeks of Director's request, subject to possible adjustment of the Service Fee for change orders under Section 3B. b. Solar Refuse/Recyclables compactors Director reserves the right to replace the current public curbside receptacles with solar Refuse/Recyclables compactors. In the event the current receptacles are replaced, the cost for servicing and maintaining cleanliness of each compactor shall remain the same as the current cost for servicing each public curbside receptacle. C. Verification If the public receptacles have a service log sheet inside, CONTRACTOR must sign, date, and record the time of Collection service or indicate the receptacle was empty upon inspection and record when the receptacle was cleaned. Alternatively, Director may develop cloud -based smartphone software to verify Collection. Santa Clarita Valley Page 20 d. Receptacle Locks CONTRACTOR shall keep all receptacles locked to prevent access by the public. Director shall furnish keys. e. Damaged Receptacles CONTRACTOR shall report damage to the receptacles within 48 hours of observing such damage. Damage includes but is not limited to missing components or malfunctioning parts. CONTRACTOR shall not attempt to repair any receptacles, except for plastic liners. Liners are CONTRACTOR's responsibility to repair or replace regardless of the cause of damage. f. Recyclab/es As of the Execution Date designated public curbside receptacles in the Service Area primarily contain Refuse. CONTRACTOR will Collect and Divert Recyclables discarded in existing or additional Recyclable receptacles within two weeks of Director's request, subject to possible adjustment of the Service Fee for change orders under item B of Section 3. C. No Longer Used D. No Longer Used E. Homeless Encampments CONTRACTOR acknowledges: • Homeless Encampments are temporary and homeless individuals are transient, • Homeless Encampments are not Customers and therefore Solid Waste generated and discarded in the Right -of -Way is considered Abandoned Waste, and • Public health and safety requires that Solid Waste generated in Homeless Encampments must be removed not only when individuals abandon a Homeless Encampment, but also when they occupy it. • Providing regular trash service to People Experiencing Homelessness (PEH) is a new service and therefore difficult to predict the exact level of services needed and problems that may be encountered. CONTRACTOR shall not enter a Homeless Encampment or remove anything from a Homeless Encampment except upon Director request. CONTRACTOR shall not intentionally remove any Unpermitted Waste, including biological or hazardous Santa Clarita Valley Page 21 waste. CONTRACTOR shall include a rate in Attachment 3.1, Task 2 Service Fees of Exhibit 7 Contract Services. Abandoned Homeless Encampments Within two business days of Director request, CONTRACTOR shall Collect, transport, and Divert or Dispose of all Solid Waste discarded in a Homeless Encampment that has been abandoned and the camp location identified by Director. CONTRACTOR shall Collect Solid Waste, including litter and Abandoned Waste whether it is discarded in containers or on the ground. CONTRACTOR will provide that Contract Service in accordance with COUNTY policy. For example, COUNTY policy may require CONTRACTOR to place Abandoned Waste and other discards in containers and deliver them to a COUNTY storage facility pending a retrieval by the individual owner. As part of these Contract Services, CONTRACTOR shall provide all equipment such as Container (including such as Carts, Dumpsters and roll -off bins) and Vehicles (including as Refuse Collection and flatbed trucks), and labor. CONTRACTOR shall use the Director's Trash Monitoring Program (TMP) smartphone application, or other system as determined by Director, to record information such as the location, brief description, and photograph of Collected Solid Waste. 2. Occupied Homeless Encampmentf,, Upon Director request, CONTRACTOR shall assist in preventing Abandoned Waste in the Public Right -of -Way near occupied Homeless Encampments. This is to be accomplished using 32 or 96-gallon Carts, 3- cubic yard Dumpsters, 35-gallon bags, cardboard event boxes, scout trucks, or whatever equipment is necessary. The use of Dumpsters is the preferred method, but Carts, bags, and boxes provide more options for unique situations. The use of 32-gallon Carts may work better for providing service to Recreation Vehicles where the smaller Cart is to be stored inside the RV and set outside on Collection day. Where Carts are provided to PEH for their long-term use, CONTRACTOR may require a deposit from the user that is equal to the value of the Container. Local homeless service providers may be able to assist in distribution of flyers and bags. If bags are used for the purpose of Collecting loose litter not placed in Containers, they shall be: • Translucent color to prevent bag from being turned inside -out to hide printing, or a solid color if printing is also on the inside. • Preprinted with multiple, large font "TRASH" and "BASURK plus the mirror image (if the bag is turned inside -out) • Preprint Disposal procedures in English and Spanish on the bag • Approximately 35-gallon capacity with drawstrings or a tie Santa Clarita Valley Page 22 • At least 3 millimeters in thickness to deter puncture by needles Following consultation with the Director and upon Director consent, CONTRACTOR may change its method of Collection. For example, if cardboard boxes are frequently destroyed or removed from the Set -Out Site, CONTRACTOR may request providing Dumpsters without wheels or bags. As another example, if bags are frequently blown away or used by homeless individuals for storage, CONTRACTOR may request providing Carts or Dumpsters. a. Quantify The number of Containers needed of each location is not specified and unique to each area. b. Transportation/Delivery CONTRACTOR shall place Containers (including Carts and Dumpsters), bags, and/or cardboard boxes, in a safe and accessible location. CONTRACTOR shall provide notice of the proposed locations to Director for approval prior to implementing service. At any time, Director reserves the right to change the proposed locations or require CONTRACTOR to place them at a particular location. There are two options for Containers, those left at the location overnight and those placed during business hours. Director will indicate which is needed. For those not left overnight, CONTRACTOR shall either deliver the Containers between 6 and 7 a.m. and removing them later that day between 3 and 4 p.m., or other times as approved by Director or if Director obtains a permit, Containers may be left in -place. Following consultation with and approval of Director, each week or whatever interval determined necessary by Director, CONTRACTOR shall transport Containers (including Carts and Dumpsters), bags and cardboard boxes, to an encampment. The Set -Out Site is difficult to determine in advance and will need to be determined case -by -case as set forth in item E.1.a. of this section. For bags, it may be necessary to Collect from outside each individual shelter or from a central pile. Property owners may not want a pile near their property and a pile may attract other Abandoned Waste. It is anticipated that Dumpster transportation will be with a stake bed truck with a hydraulic lift gate with the capacity of five Dumpsters. Therefore, there would be one delivery charge for up to five Santa Clarita Valley Page 23 dumpsters in an area (within 15 minutes of each other). Significantly more Carts will fit during transport but the same concept as with Dumpsters applies, one delivery charge for all Carts in an area (within 15 minutes of each other). CONTRACTOR may charge a fee for delivery that includes removal, equal to that indicated on Attachment 3.1 — Task 2 Service Fees. Director may authorize the use of a smaller vehicle for transportation. C. Dumpster Placement Dumpster placement shall comply with section 16.19.090 of the County Code. Dumpsters shall not be placed on or project onto any road in such a manner as to constitute a hazard to pedestrians or vehicular traffic. Dumpsters shall not be placed on or project onto any road: • Within 15 feet of any crosswalk; • Within 15 feet of any street corner, fire hydrant or disabled access ramp; • On any portion of any sidewalk that does not allow for 3 feet of clearance for pedestrians; • On roads with grades in excess of six percent; • Where clear space for the safe passage of pedestrians within the highway is reduced to less than three feet in width; • Where the road is reduced to less than 15 feet in width; • Where a motorist's ability to see traffic control devices such as stop signs, traffic lights, etc., is impaired; • Where the Dumpster will block or unreasonably interfere with access to neighboring property; • Where parking is prohibited along the road; • Where the sight distance of the Dumpster would be less than: 0 150 feet on roads posted with speed limits of 25 miles per hour or less, 0 345 feet on roads posted with speed limits greater than 25 miles per hour and up to 40 miles per hour, 0 680 feet on roads posted with speed limits greater than 40 miles per hour. d. Collection CONTRACTOR shall anticipate that prior to offering regular Refuse Collection services to an encampment and during the service, there will be piles of Solid Waste, either Bulky Items or bagged or loose litter, that will need to be removed. This is an as -needed, upon Director's request service at each encampment. CONTRACTOR shall use all necessary equipment including brooms rakes, shovels, Santa Clarita Valley Page 24 bags, Carts, or Dumpsters to Collect, transport, and Dispose of Refuse. Prior to Collecting a Container, CONTRACTOR shall use Best Efforts to ascertain that no one is sheltered inside the Container. CONTRACTOR shall Collect any loose litter within 3 feet of Containers, bags, and boxes. (1) Contaminated Containers Prior to Collecting a Container, CONTRACTOR shall use Best Efforts to ascertain that the Container is not contaminated with Sharps, hazardous waste, Universal Waste, or biological waste. CONTRACTOR may charge a fee for contamination equal to that indicated on Attachment 3.1 — Task 2 Service Fees. (2) Overflowing Containers Additional Collections may be required upon Director's request to prevent waste from overflowing the Containers. However, when overflowing Containers are encountered, CONTRACTOR may charge a surcharge as verified with a photograph. CONTRACTOR may charge a fee for overflow equal to that indicated on Attachment 3.1 — Task 2 Service Fees. e. Diversions/Disposal CONTRACTOR shall Divert or Dispose of all Solid Waste that it Collects. Any contaminated loads that cannot be Disposed without further processing may be charged at the higher rate indicated in Attachment 3.1 - Task 2 Service Fees. f. Documentation To maximize efficient Collections, CONTRACTOR is to inform Director of the number of bags and the fullness of Containers in an area and include the data in the monthly County Services invoices. Within 3 months of start of CONTRACT services, CONTRACTOR shall use the Director's Recreational Vehicle Program (RVP) smartphone application, or other system as determined by Director, to record information such as the location, approximate volume, and photographs. g. Additional Cart or Dumpster Services COUNTY is designating additional funds on Attachment 3.1 — Task 2 Service Fees related to service being provided under this Santa Clarita Valley Page 25 CONTRACT, such as additional areas, more contaminated Containers, or higher frequency of Collections. h. Locations Outside Service Area Services in this section may be required to be provided outside Service Area. In that case, CONTRACT shall propose a price to account for additional travel required to the location and if appropriate additional disposal costs. Emergency AssiStance (Uuntraci Services) CONTRACTOR shall provide MSW Management Services requested by Director in the following circumstances: • Solid Waste that is not collected in any part of Southern California including incorporated cities and/or unincorporated areas within the County of Los Angeles or adjacent counties, and • In the judgment of Director, the uncollected solid waste creates a danger to public health, safety, or welfare. Reasons for non -collection may include earthquake, fire, mudslide, storm, riot, or civil disturbance, and terminated hauler contracts. Examples of MSW Management Services to be provided by CONTRACTOR include: Providing Vehicles and staff to cleanup, Collect, transport, and Dispose/Divert any Solid Waste. Assisting in the transport and Disposal/Diversion of natural debris, such as rubble, mud, and fallen trees, from the Public Right -of -Way. Holding a drop-off event or providing Dumpsters/roll-offs for the public to bring their Solid Waste when their hauler is not providing service or additional services when needed. CONTRACTOR acknowledges that when providing emergency services, CONTRACTOR may be required to Collect Solid Waste from another waste hauler's Containers. Also, another waste hauler may Collect Solid Waste from CONTRACTOR's Containers. Prior to performing any work, CONTRACTOR is to consult with Director regarding the number of Vehicles and staff, and duration of cleanup. This includes vehicle certification discussed in more detail below. CONTRACTOR shall charge COUNTY for requested MSW Management Services in amounts not greater than the following, as negotiated between Director and CONTRACTOR: Automated Collection Services Santa Clarita Valley Page 26 Fees with respect to Solid Waste discarded in Containers and/or Bulky Item Collection. Examples include: Provide an additional day of service to Occupants; or Provide service to Persons outside the Service Area such as to the City of Glendora residents if their waste hauler is unable to Collect Refuse after a major earthquake and the city has an agreement with COUNTY for assistance. If location is not near Service Area, COUNTY will pay a fair price for additional transportation or Disposal costs based on comparable MSW Management Services. 2. Solid Waste Not Discarded in Containers Fees per ton for Disposal (with respect to Solid Waste, including Abandoned Waste, not discarded in Containers) as provided in Attachment 2-3, Task 2 Emergency Service Fees of Exhibit 7. Director may require CONTRACTOR to obtain consent or acknowledgement from property owners prior to removal of Solid Waste or debris. 3. Roll -Off Containers or Drop -Off Events Fees the CONTRACTOR charges for comparable MSW Management Services (with respect to Solid Waste not discarded in Containers) such as roll -off containers or drop-off events. 4. Palm Frond Collection Fees per hour per vehicle as proposed in Attachment 2-3, Task 2 Emergency Service Fees of Exhibit 7 if significant amounts of palm fronds fall from trees, CONTRACTOR shall Sweep areas requested, Collect from Right -of -Way, and Dispose of palm fronds. 5. Waste in Right -of -Way Collection Services Fees with respect to waste discarded in the Public Right -of -Way. Examples include: • Collection of Abandoned Waste • Collection from public receptacles • Collection from Homeless Encampments • Collection of human waste including from Recreational Vehicles, buckets, or portable public toilets None of these fees can be greater than the limits provided in item H10 of Exhibit 3A2 Most Favored Public Entity, unless Director, at his sole discretion, provides authorization based on information provided by CONTRACTOR substantiating the need for an increase. Santa Clarita Valley Page 27 CONTRACTOR shall cooperate with all Regulatory Agencies, including COUNTY, State of California, and Federal officials in filing information related to a regional, State, or Federally -declared state of emergency or disaster as to which CONTRACTOR has provided equipment and drivers under this CONTRACT. Each vehicle used to transport Solid Waste must be assigned a unique number for tracking and invoice reconciliation. CONTRACTOR shall keep records of relative information, found on a typical weigh ticket, including the location of the source of Collection, location of Disposal/Diversion, vehicle number, tonnages, and type of material. CONTRACTOR shall have any vehicles used during an emergency certified for compliance with Federal Emergency Management Agency (FEMA) requirements for reimbursement. Additionally, if Director has directed residences or businesses to place their debris in the Public Right -of -Way outside the terms of Contract Services, including bulky items, excess solid waste, or Construction and Demolition in quantities that exceeds the limit of two 70-pound containers, Director may request CONTRACTOR to take geotagged photographs of the debris that include adequate background to provide evidence of the location. Director may direct CONTRACTOR to deliver Solid Waste to any location specified by Director, including a materials recovery facility, landfill, sediment placement site, or a debris placement sight. CONTRACTOR shall give first consideration to COUNTY in the event of a major disaster such as an earthquake, fire, mudslide, storm, riot, or civil disturbance as declared by the President of the United States, Governor of California, or the Board of Supervisors. CONTRACTOR shall follow the practices identified in Section 10 for billing. However, when providing services to other jurisdictions/agencies, it may be possible to arrange billing and payment directly between CONTRACTOR and the other jurisdiction/agency. Director will determine the billing procedure prior to CONTRACTOR providing service. All terms and conditions of this CONTRACT remain in effect while performing any work under this subsection, even when it is on behalf of another jurisdiction/agency. Director has determined the need to efficiently remove litter and prevent it from becoming a community eyesore, decreasing neighborhood property values, posing a safety hazard, providing a breeding ground for disease carrying rodents, insects, and other vermin, and in general, lowering the quality of life for residents. This service is not a Sweep of the entire Service Area but rather an as -needed service. CONTRACTOR shall provide all necessary equipment and temporary Containers including brooms rakes, shovels, bags, or Dumpsters to Collect, transport, and Dispose of litter in the following circumstances: Santa Clarita Valley Page 28 As requested by Director Upon observation by CONTRACTOR, when requested by Director to provide this service Examples include a pile of Refuse on the sidewalk or an undeveloped portion of land within the Public Right -of -Way. CONTRACTOR shall Collect litter within 48 hours of request by Director and submit before and after photos to Director along with the monthly invoices for County Services. CONTRACTOR may also Collect large piles of Refuse it observes and submit before and after photos. Litter Collection under this section does not include litter already required to be Collected near Bulky Items, alleys, public curbside receptacles, or Homeless Encampment Containers. CONTRACTOR shall use the Director's Trash Monitoring Program (TMP) smartphone application, or other system as determined by Director, to record information such as the location, brief description, and photograph of Collected Solid Waste. H. Method of Payment for Task 2 Services County Service Fees and Maximum Contract Sum COUNTY agrees, in consideration of the performance of Task 2 County Services in items A, B, E, F, and G of Exhibit 3A2 to pay the CONTRACTOR County Service Fees. The fees are specified in Attachment 3.1, Task 2 Service Fees and Attachment 2-3, Emergency Service Fees of Exhibit 7 that CONTRACTOR Collects, in the not -to -exceed amount of $262,500 per Contract Year or a greater amount as the Board may approve. This is referred to as the "Maximum Contract Sum" for Task 2 Services. County Service Fees are subject to a rate adjustment as specified in Exhibit 7. Abandoned Waste Not Commingled If CONTRACTOR does not commingle Abandoned Waste in the same Vehicle with other Refuse, and the facility weighs Abandoned Waste that CONTRACTOR delivers, CONTRACTOR shall report that weight to Director in the Monthly Report and keep copies of all weigh receipts. If a facility does not weigh those materials, CONTRACTOR shall calculate the weight of allocated Abandoned Waste in accordance with CalRecycle weight conversion standards http://www.calrecycle.ca.gov/LGCentral/Library/dsg/Apndxl.htm, or other method satisfactory to Director. b. Abandoned Waste Commingled Santa Clarita Valley Page 29 If CONTRACTOR does commingle Abandoned Waste in the same Vehicle as other Refuse, CONTRACTOR shall allocate the proportion of Abandoned Waste to other Refuse in a formula approved by Director, and weigh or calculate the weight of the Abandoned Waste as set forth in the preceding paragraph. �. Special Fund Obligation COUNTY will pay County Service Fees from COUNTY'S Road Fund or other sources. CONTRACTOR acknowledges that it will not be compensated for providing County Service under Task 2 Services from Customer Service Fees under Task 1 Services. Customers or Occupants do not pay County Service Fees. 3. Billing CONTRACTOR shall bill COUNTY monthly for COUNTY Services performed during the preceding month by invoice (original and a copy) in a form satisfactory to Director. COUNTY will electronically pay via direct deposit County Service Fees to the CONTRACTOR within 30 days of receipt and approval of a properly completed and undisputed invoice. If CONTRACTOR is certified by COUNTY as a Local Small Business Enterprise, COUNTY will pay CONTRACTOR in accordance with Board of Supervisors Policy No. 3.035, Small Business Liaison and Prompt Payment Program. The itemized invoice shall contain a reference to the name of the Service Area and Environmental Programs Division, Residential Franchise/Garbage Disposal District Section. CONTRACTOR shall submit invoices to: Los Angeles County Public Works Attention: Fiscal Division, Accounts Payable P.O. Box 7508 Alhambra, CA 91802-7508 a. Abandoned Waste - Weekly Collection For weekly Abandoned Waste Collection, CONTRACTOR shall bill COUNTY based on the tons collected, as indicated in Attachment 3.1 Task 2 Service Fees of Exhibit 7. The rate shall be calculated as follows: CONTRACTOR may request a fee equal to the rate per ton. b. Abandoned Waste - Hot Zone Daily Monitoring and Collection Santa Clarita Valley Page 30 (1) Monitoring All Hot Zone Location - CONTRACTOR may request a fee equal to the Monitoring All Hot Zone Locations for every linear foot within the zone, each day. All Hot Zones refers to the original location indicated in CONTRACT and not any that are added or removed after the Execution Date. CONTRACTOR is required to use Director's Trash Monitoring Program (TMP) smartphone application, or other system as determined by Director, to record information such as the location, brief description, no dumping found in the Service Area, and photographs of Collected Abandoned Waste. For example, for a $1.00 rate for 500 feet, CONTRACTOR may request $1.00 x 500 x 22 days = $11,000 per month. ,� l Aaoritlooal t-ioi zone ivionaoring After the Execution Date, if Hot Zones are created or expanded greater than the length indicated in maps provided by Director, CONTRACTOR may request a fee equal to Additional Hot Zone Monitoring for the additional distance only. C. Public Receptacles (1) Existing CONTRACTOR may request a fee equal to the number of Collections made from Public Receptacles during the month, regardless if it is Refuse or Recyclables from a standard or solar powered compactor. CONTRACTOR is required to record the number of Collections and submit with the monthly invoice. (2) Additional CONTRACTOR may request a fee equal to the number of Collections made from additional Public Receptacles during the month, regardless if it is Refuse or Recyclables from a standard or solar powered compactor. CONTRACTOR is required to record the number of Collections and submit with the monthly invoice. (3) Mixed Waste Processing Facility Santa Clarita Valley Page 31 Director reserves the right to require some or all waste Collected from Public Receptacles to be processed at a mixed waste processing facility to recover Recyclables. CONTRACTOR and Director must agree to a price for this service. (4) Automated Collection Director reserves the right to require some or all waste Collected from Public Receptacles to be processed at a mixed waste processing facility to recover Recyclables. CONTRACTOR and Director must agree to a price for this service. d. No Longer Used e. Homeless Encampments (1) Abandoned Homeless Encampments CONTRACTOR may request a fee equal to the Collections made during the cleanup on an abandoned homeless encampment during the month. (2) Occupied Homeless Encampments CONTRACTOR may request a fee equal to the number of each bag, box, Cart, or Dumpster Collection made each week at homeless encampments during the month. f. Emergency Assistance COUNTY agrees, in consideration of satisfactory performance of Task 2 County Services in item F of Exhibit 3A2 , in strict accordance with the service specifications set forth herein, to the satisfaction of Director, to pay the CONTRACTOR County Service Fees at the fee specified in Attachment 2-3, Task 2 Emergency Service Fees of Exhibit 7. g. Litter Collection (1) In Alley! CONTRACTOR may request a fee equal to the rate per mile of Alleys, Collected during the cleanup of the right-of-way during the month. Santa Clarita Valley Page 32 4e 7 (21 /�,s-Needed CONTRACTOR may request a fee equal to the number of bags Collected during the cleanup of the right-of-way during the month. (3) ;additional CONTRACTOR may request a fee equal to the additional number of bags Collected during the cleanup of the right-of- way during the month. Payment Exceeding Maximum Contract Sum In no event shall the aggregate total amount of compensation paid to the CONTRACTOR exceed the Maximum Contract Sum. Request Work The CONTRACTOR understands and agrees that only Director is authorized to request or order work under this CONTRACT. The CONTRACTOR acknowledges that the designated authorized representative is not authorized to request or order any work that would result in the CONTRACTOR earning an aggregate compensation more than this CONTRACT's Maximum Contract Sum. Performing Work to Exceed Maximum Contract Sum The CONTRACTOR shall not perform or accept work requests from the designated authorized representative or any other person that will cause the Maximum Contract Sum to be exceeded. CONTRACTOR shall monitor the balance of the Maximum Contract Sum. When the total of the CONTRACTOR's paid invoices, invoices pending payment, invoices yet to be submitted, and ordered services reaches 75 percent of the Maximum Contract Sum, the CONTRACTOR shall immediately notify the authorized representative in writing. Budget Reduction If the Board of Supervisors adopts a budget for any Fiscal Year that reduces the salaries or benefits paid to most COUNTY employees and imposes similar reductions with respect to COUNTY Contracts, COUNTY reserves the right to correspondingly reduce the following: The County Service Fees for that Fiscal Year and any subsequent Fiscal Year during the Term of this CONTRACT (including any extensions), and Santa Clarita Valley Page 33 • The Maximum Contract Sum. Except as set forth in the preceding sentence, the CONTRACTOR shall continue to provide all the services set forth in this CONTRACT. Director's notice to the CONTRACTOR regarding said reduction in payment obligation shall be provided within 30 calendar days of the Board's approval of such actions. 8. Deductions COUNTY may deduct from any payment due CONTRACTOR any incurred or anticipated County Reimbursement Costs, including legal fees and staff costs, associated with any investigation or enforcement proceeding brought by Cal/OSHA arising out of COUNTY Service. 9. No Payment Following Expiration/Sus pension/Termination of CONTRACT CONTRACTOR shall make no claim against COUNTY for payment of any money or reimbursement, of any kind whatsoever, for any County Service that CONTRACTOR provides after the expiration, suspension, or other termination of this CONTRACT. If CONTRACTOR receives any such payment, it shall immediately inform Director and repay all that payment to COUNTY. Payment by COUNTY for County Services rendered after expiration, suspension, or termination of this CONTRACT shall not constitute a waiver of COUNTY's right to recover such payment from CONTRACTOR. This provision shall survive the expiration, suspension, or termination of this CONTRACT. 10. Most Favored Public Entity This subsection is removed in its entirety. 11. Change in Service Area It is understood that the monthly compensation to be paid to the CONTRACTOR may be increased in proportion to the enlargement of the boundaries of the Service Area or to expansion of the area to be served, and the monthly compensation may be decreased if the area to be served decreases such as diminution of the size of the Service Area. This also included a change in the number of public receptacles and a change in the number or length of Hot Zones. Santa Clarita Valley Page 34 12. Dissolution of Service Area It is understood that in the event of the dissolution of the Service Area, this CONTRACT and all obligations of either of the parties thereto shall be at an end, whether such dissolution results from proceedings under the provisions of the act pursuant to which the Service Area was created, by operation of law, or resulting from municipal annexation or incorporation, except for record retention requirements. Annexations are discussed in more detail in Item C12 of Section 7. NINTH: Exhibit 7 Contract Services, pages 257 to 268, is removed in its entirety and replaced with the following: Service Fee Schedule CONTRACTOR shall charge Service Fees (Customer Service Fees and County Service Fees) in amounts less than or equal to the Service Fees set forth in the Service Fee Schedule in Attachments 2.1 and 3.1 of this Exhibit. Time, Conditions, Changes a. Annual Adjustments (1) Automatic by Director (Labor and Fuel Indices) Beginning at least 6 months after the Commencement Date, Director will adjust the following components of the Service Fee each July 1 in accordance with subsections Al a(3), C and D. For example, a Contract that begins in April will not have 6 months pass before July 1 and there will not be eligible for a rate increase until the following July 1. (2) Requested by CONTRACTOR (Disposal and Diversion): Disposal and Diversion adjustments require at least 16 months of data to compare. Therefore, beginning at least 16 months after the Commencement Date, Director will adjust the Disposal and Diversion components of the Service Fee each July 1 in accordance with subsection Ala (3) and E in the following events: CONTRACTOR requests adjustment of those components by Notice to Director together with documentation satisfactory to Director by March 1 of each year, or Santa Clarita Valley Page 35 • COUNTY initiates an adjustment of those components by Notice to CONTRACTOR together with CONTRACTOR submittal of documentation satisfactory to Director by March 1 of each year. (3) Changes The annual change is a comparison of the average monthly rate for the two previous Calendar Years. Director will adjust the Service Fee for any or all of the following changes, if any: Indices (After 6 Months): Annual changes, if any, in the following indices, as applicable, defined in Exhibit 21-Definitions: o CPI: Consumer Price Index (CPI), o DOE CNG: Department of Energy (DOE) Compressed Natural Gas (CNG), or o EIA LNG: Energy Information Agency (EIA) Liquefied Natural Gas (LNG) o Average of DOE CNG and EIA LNG for Renewable Natural Gas (RNG) in accordance with the Service Fee adjustment protocol in subsections C, D, and E; or Disposal Tipping Fees (16 Months After Commencement Date): Annual change of the monthly average, if any, in CONTRACTOR's Direct Costs of Refuse Disposal, such as changes in publicly -posted tipping fees, at the Solid Waste Facility it has designated in Contractor Documentation, Exhibit 3D, and any other supporting documentation, submitted to Director by March 1; or Diversion of Recyclables (16 Months After Commencement Date): Annual changes of the monthly average, if any, in CONTRACTOR's costs of Diversion of Recyclables, based on the change in rates at Puente Hills Materials Recycling Facility, and any other supporting documentation; or Diversion of Green Waste with Food Waste (16 Months After Commencement Date): Annual changes of the monthly average in CONTRACTOR's costs of Diversion of Green Waste, such as public tipping fees, from the Solid Waste Facility it has Santa Clarita Valley Page 36 designated in Contractor Documentation in Exhibit 3D, and any other supporting documentation, submitted to Director by March 1. Diversion of Manure (16 Months After Commencement Date): Annual changes of the monthly average in CONTRACTOR's costs of Diversion of Manure, such as public tipping fees, from the Solid Waste Facility it has designated in Contractor Documentation in Exhibit 3D, and any other supporting documentation, submitted to Director by March 1. 12-Month Comparisons - Because the contract start date may not be January 1 and the first year of service required at least 4 months of data, the first rate adjustment must prorate expenses for the Calendar Year over 12 months to make the comparison of costs between two 12-month periods. For example, a contract that begins service on April 1 will have only 9 months of Disposal/Diversion expenses and therefore those costs must be divided by 9 months and multiplied by 12 months to estimate what the expenses would have been over a 12-month period. b. Adjustments at Any Time If CONTRACTOR requests Director by Notice or Director Notifies CONTRACTOR at any time, following agreement with CONTRACTOR, the Director may adjust the Service Fees in either of the following events, subject to maximums in Refuse Disposal, or Recyclables or Green Waste Diversion in subsection A4, and limitations in A& (1) Changes in Law Change in CONTRACTOR's Direct Costs of providing Contract Services due to Changes in Law. Any adjustment in the Service Fee due to a Change in Law by the State is not included in the Maximum Rate Adjustment in subsection 4. (2) Changes in Scope of Service CONTRACTOR's direct costs of providing Contract Services due to changes in Contract Services or Standards. For example, if Director requests a new service such as Collection of Bulky Items from Occupant's front doors instead of the Set - Out Site, the rate increase would be implemented when the service begins and not limited to July 1. Santa Clarita Valley Page 37 Extraordinary Circumstances Change in CONTRACTOR's Direct Costs of providing Contract Services due to unforeseeable events. C. No Adjustment Service Fees will not be adjusted: • Within 6 months of the Commencement Date with respect to labor and fuel in item Al a(1). • Within 16 months with respect to Disposal/Diversion in items Ala (2-3). • During any of the six possible one -month extensions under item A of Section 2-Term. • If there are any uncured Breaches. • For Changes other than changes explicitly listed in preceding subsections a and b, including for changes in the price of fuel. • For any commodity (Refuse, Recyclables, Organic Waste, and Manure) where: o Data is missing ■ Tonnages Collected, or ■ Fees associated with the Disposal and Diversion of those materials. o CONTRACTOR failed to Notify Director of a facility change. d. Sample Calculation A sample calculation is attached in Attachment 10-1 of this Exhibit. 2. Rounding All calculations are rounded to the nearest 1/100th decimal place (for example, 10.9656 percent to 10.97 percent, or 10.9637 percent to 10.96). The decimal 5 is rounded up (for example, 10.965 percent to 10.97 percent). Adjustments in Service Fees are rounded to the nearest penny (for example, $25.34). 3. Weighted Adjustment - Serviced Fee Components Rather than asking for employee's actual salaries and the actual amount of fuel used, the monthly Service Fees for Contract Services will be divided into the following cost components and adjusted by these percentages: Labor and other general costs of Contract Services 60% Fuel 5% Santa Clarita Valley Page 38 Refuse Disposal Actual Green Waste Diversion with Food Waste Actual Green Waste Diversion without Food Waste Actual Food Waste Only Actual Rec clables Diversion Actual For the purposes of rate adjustments, it is assumed that CONTRACTOR expenses related labor are 60 percent of the total CONTRACT costs and expenses related to fuel are 5 percent of the total CONTRAT costs. Items C and D of this exhibit have further details on method of the calculation of the labor and fuel values. Items E and F of this exhibit have further details on method of the calculation of the actual values. A sample calculation is attached in Attachment 10-1 of this Exhibit. 4. Maximum Rate Adiustment Adjustments to the Service Fees cannot exceed the percentages in the following table, except for changes due to acts of the State in item Allb(1) of this exhibit: Contract Period on Jul 1 * Maximum Adjustment" Years 0 to 0.5 0 percent (Less than 6 months from Commencement Date to Jul 1 Years 0.5 to 7 35 percent (July 1 to the scheduled Termination Date under Section 2 Year 8 / Extensions , if any 40 percent Year 9 / Extensions , if any 45 percent Year 10 / Extensions , if any 50 percent Year 11 / Extensions , if any 55 percent Any time Actual Direct Costs (Changes in direct costs due to Change In Law by the State Six 1-month extensions, if any No Change Rate adjustments due to Changes in Laws or Contract Services under subsection Al above may be implemented at any time during the Term. ** Any change in Service Fees for direct costs due to Changes in Law promulgated by the State in item Al b(1) of this exhibit are not included in the percentage calculations of the Maximum Cumulative Service Fee Adjustment. They are added to the percentage calculations. Santa Clarita Valley Page 39 For example, during the first seven years of the CONTRACT, the Service Fee could increase 35 percent plus an additional amount due to an increase of $4 per Ton on the State -mandated Disposal fee. 5. Customer 30-Dav Notice CONTRACTOR shall provide all Customers a minimum of 30-days written Notice of the implementation of changes in any Customer Service Fees. 6. Adiustment Limitations No adjustment will be effective until Notice thereof has been provided by COUNTY to the Board of Supervisors. Service Fees will be adjusted only if there are no uncured Breaches. While COUNTY will automatically adjust the labor (CPI) and fuel components, adjustments to the Disposal and Diversion components requires the submittal of documentation by CONTRACTOR by March 1 of each year. Failure to submit data will result in no adjustment to either the Disposal or Diversion components, or both. If CONTRACTOR and Director fail to reach an agreement to adjust the Service Fees because of Changes in Law or changes in Contract Services or Standards described below, COUNTY will have the option to not adjust the rate for changes in law, changes in scope of service, or extraordinary circumstances for the upcoming Fiscal Year. 7. Services Eligible for Adiustment a. Customer Service Fee (CPI, Fuel, and Disposal/Diversion) Use methodology in items C, D, E, and F of this exhibit. b. Bear -Resistant Cart Fee (CPI) Use methodology in item C of this exhibit. C. Locking Recyclables Cart Fee (CPI) Use methodology in item C of this exhibit. d. County Service Fee (Task 2) Use methodology in items C for labor, D for fuel, and E for Disposal of this exhibit, as indicated in the table below. The adjustment for Abandoned Waste, Public Receptacles, and Homeless Santa Clarita Valley Page 40 Encampments in Exhibit 3A2 will not include Recyclables or Green Waste adjustments. Service Labor Fuel Disposal Abandoned Waste C D E Hot Zone Monitoring C D n/a Public Receptacles C D n/a Homeless camps, abandoned C D E Homeless camps, active Bags Collected C D E Boxes (Refuse in bags from event box) C D E Carts o Delivery and removal to/from area C D n/a o Collection & Disposal (96-gal) C D E o Collection & Disposal (32-gal) C D E o Overflowing Cart surcharge C D E o Contaminated Load surcharge C D E Dumpsters • Delivery and removal to/from area C D n/a o Collection & Disposal (3 cu yds) C D E o Overflowing Dumpster surcharge C D E o Contaminated Load surcharge D n/a Litter in Alleys C D n/a Litter (As -Needed) Hours Spent C D n/a Emergency Services Solid Waste Not In Containers, tons C D E Solid Waste Not In Containers, cubic yd C D E Palm Frond Collection C D n/a e. Various Surcharges These are adjusted based on the Customer Service Fee in the previous item using methodology in items C and D of this exhibit. These include: • Additional On -Call Pickups • Container Size Exchanges Beyond One • Container Removal and Return • Roll -Out Service for non -Elderly or Disabled • Difficult to Service • Cart Cleaning B. This item is no longer used Service Fee Adjustment for Annual c ranges in CPI A minimum of 6 months must elapse between Commencement Date and July 1 of the current year. The CPI component of the Service Fee will be the percent change, if any, between the following: Santa Clarita Valley Page 41 • The monthly average CPI during the 12-month period commencing March 1 of the previous year to the last day of February of the current year, and • The monthly average CPI during the 12-month period commencing March 1 of the prior previous year to the last day of February of the previous year. For example, a contract that started April 1, 2018, will not be eligible for a rate adjustment for CPI on July 1, 2018. On July 1, 2019, the rate adjustment would compare March 1, 2018 through February 28, 2019, to March 1, 2017 through February 28, 2018. The index to be used is the Consumer Price Index for "Water and sewer and trash collection services in U.S. city average, all urban consumers, not seasonally adjusted", Series ID CUSROOOOSEHG, published by the United States Department of Labor, Bureau of Labor Statistics at hftps://data.bls.gov/timeseries/CUSROOOOSEHG. D. Service Fee Adjustment for Annual Changes in Fuei A minimum of 6 months must elapse between Commencement Date and July 1 of the current year. The DOE CNG component of the Service Fee adjustment will apply only to the percentage of Vehicles in a fleet that use compressed natural gas. The adjustment of the DOE LNG component will apply only to the percentage of Vehicles in a fleet that use LNG. The adjustment of the RNG component will apply only to the percentage of Vehicles in a fleet that use RNG. DOE CNG means the West Coast Average Price for Fuel — Compressed Natural Gas Average Prices by Region from Clean Cities Sources, published quarterly in Energy Efficiency and Renewable Energy/Clean Cities Alternative Fuel Price Report from the United States Department of Energy website, www.afdc.energy.gov/fueWpdoes.html or if that is permanently discontinued, another CNG price published by a State or the Federal government selected by Director. EIA LNG means the average for fuel — Product/All Types for Area/California (Period: Annual) price published monthly in the Official Energy Statistics from the United States Energy Information Administration website, http://tonto.eia.doe.gov/dnav/ng/ng_pri_sum_dcu_SCA_m.htm or if that is permanently discontinued, another CNG price published by a State or the Federal government selected by Director. RNG Indices means the average for fuel for RNG price published by a State or the Federal government selected by Director. 1i , Adjustment Due to Change in DOE CNG The CNG Fuel Component of the Service Fees will be adjusted by the percent change, if any, between the following: Santa Clarita Valley Page 42 The DOE CNG quarterly averages commencing in January of the previous year and ending in December of the previous year (averages for the fourth quarter are not available early enough to be used), and The DOE CNG quarterly averages commencing January of the prior previous year through December of the prior previous year. 2. Adjustment Due to Change in Energy Information Administration (EIA) LNG The EIA LNG Fuel Component of the Service Fees will be adjusted by the percent change, if any, between the following: The EIA LNG monthly average during the 12-month period commencing March 1 of the previous year to the end of February of the current year, and The EIA LNG monthly average during the 12-month period commencing March 1 of the prior previous year to the end of February of the previous year. 3. Adjustment Due to Change in RNG At the time of the writing of this AMENDMENT, limited information was available regarding RNG. The language here is a placeholder until more specific information becomes available. Director intends to use a method similar to methods established for CNG and LNG in the preceding items 1 and 2. 4. Ad*ustment Due to Change in Electricity or Other Fuels The average for fuel price published by a State or the Federal government selected by Director, similar to methods established for CNG and LNG in the preceding items 1 and 2. E. Service Fee Adjustment for Changes in Refuse Disposal, Organic Waste Diversion, and Manure Diversion Facility Fees A minimum of 16 months must elapse between Commencement Date and July 1 of the current year. The Disposal and Diversion Components of Net Service Fees will be adjusted for any change in Refuse Disposal, Organic Waste Diversion, and Manure Diversion tipping fees charged CONTRACTOR by the Solid Waste Facility designated by CONTRACTOR in Contractor Documentation in item A6 of Exhibit 3D. Prior to any change in designated facilities, CONTRACTOR must provide Notification to Director for consent of change. Failure to receive approval from Director will result in rate adjustments being calculated based on the less expensive of the existing and previous facility. Director may conditionally approve Santa Clarita Valley Page 43 changing the Solid Waste Facilities to a more expensive facility by not allowing the increased cost to be passed down to the Customer. CONTRACTOR is to notify Director of any rate changes at facilities within 7 days of the increase. Failure to notify Director will impact how rate adjustments are calculated. Director will only use rates that have been sent to Director. For example, if a facility raises its rates from $60 per ton to $65 per ton on March 1 but CONTRACTOR Notified Director on July 1, Director will use the $60 per ton for January 1 through June 30 for the rate adjustment calculations. The $65 rate will be used for July 1 through December 30. The expectation is that if CONTRACTOR was awarded this CONTRACT based on a bid price for a certain facility, that facility or a less expensive one is to be continued to be used for the term of CONTRACT. CONTRACTOR can petition Director for a change to a more expensive facility for unusual circumstances, such as a facility closure or significant environmental benefit. The annual cost is the difference of: • Average monthly fee during the current Calendar Year multiplied by the actual tons reported (see Item Al of Section 10) for that year, and • Average monthly fee during the prior Calendar Year multiplied by the actual tons reported (see Item Al of Section 10) for that year. The above annual cost is divided by the number of Customers on March 1 of the current year and divided by 12 months to determine the monthly component for Refuse Disposal, Organic Waste Diversion, and Manure Diversion. Facilities Open to Public The Refuse Disposal, Organic Waste Diversion, and Manure Diversion components of the Service Fees will be adjusted by the percent change, if any, between the monthly average fee for the year for Refuse Disposal, Organic Waste Diversion, and Manure Diversion for the previous two years. 2. Facilities Not Open to Public The Refuse Disposal, Organic Waste Diversion, and Manure Diversion components of the Service Fees will be adjusted by the percent change, if any, between the monthly average fee for Refuse Disposal, Organic Waste Diversion, and Manure Diversion for the previous two years. CONTRACTOR must substantiate to the satisfaction of Director changes in tipping fees CONTRACTOR is paying at the Solid Waste Facility by submitting before March 1, monthly invoices from the Solid Waste Facility. showing the total Tons and rate paid for Disposal/Diversion. Santa Clarita Valley Page 44 If CONTRACTOR owns the Solid Waste Facility, it must show the posted gate rate paid by the public that has no financial agreement with CONTRACTOR, by contract or letter -of -agreement, unless there is no posted gate rate. If CONTRACTOR owns the Solid Waste Facility but has no posted gate rate, CONTRACTOR must substantiate changes in tipping fees by submitting other documentation acceptable to Director. For example, CONTRACTOR may own the Solid Waste Facility it designated for Disposal and consequently internalize Disposal costs at the Solid Waste Facility. The costs must be adequately explained. If CONTRACTOR does not substantiate to the satisfaction of Director that CONTRACTOR is experiencing that change in tipping fees, the Disposal/Diversion Component will not be adjusted. 3. Transfer (Trans) Loading Plus Disposal/Diversion Elsewhere The Refuse Disposal, Organic Waste Diversion, and Manure Diversion components of the Service Fees will be adjusted by the percent change, if any, between the monthly average cost for Refuse, Organic Waste, and Manure Transferring, transporting, and Disposal/Diversion for the previous two years. CONTRACTOR must substantiate to the satisfaction of Director fees CONTRACTOR is paying by submitting before March 1, invoices from the facility, showing the total Tons and rate paid for Transfer loading, expenses for transporting to another facility, Disposal/Diversion at another facility, and any other documentation to support expenses. If CONTRACTOR does not substantiate to the satisfaction of Director that CONTRACTOR is experiencing that change in tipping fees, the Disposal/Diversion Component will not be adjusted. Service Fee Ad ustment for Changes in Recyclables Diversion Facilitv Fees A minimum of 18 months must elapse between Commencement Date and July 1 of the current year. Regardless of the actual facility used by CONTRACTOR, the Recyclables Diversion Components of Net Service Fees will be adjusted for the change in Recyclables Diversion tipping fees charged at the Puente Hills Materials Recycling Facility. The adjustment is calculated based on the difference of: • Average monthly fees/refunds during the current Calendar Year multiplied by the actual tons reported (see Item Al of Section 7) for that period, and • Average monthly fees/refunds during the prior Calendar Year multiplied by the actual tons reported (see Item Al of Section 7) for that period. The above annual profit/loss is divided by the number of customers and divided by 12 months to determine the monthly component for Recyclables. Santa Clarita Valley Page 45 Average Tipping Fees for Commingled Recyclables at Puente Hills Material Recycling Facility Table Month 2016 Fee/Refund (perton) Jan n/a Feb n/a Mar n/a Apr n/a May n/a Jun n/a Jul $5.68 Aug $2.84 Sep $2.14 Oct $3.84 Nov $9.47 Dec $12.27 Average $6.04 Month 2019 Fee/Refund er ton Jan -$46.15 Feb -$43.79 Mar -$46.95 Apr -$46.60 May -$50.71 Jun -$54.70 Jul -$63.10 Aug -$62.15 Sep -$57.16 Oct -$61.95 Nov -$64.23 Dec -$66.34 Average -$55.32 % Change -391.30% G. Discontinued Indices Month 2017 Fee/Refund (per ton) Jan $12.85 Feb $15.10 Mar $16.04 Apr $15.77 May $3.63 Jun $4.70 Jul $8.60 Aug $14.72 Sep -$0.35 Oct -$19.72 Nov -$23.74 Dec -$2.88 Average $3.73 % Change -38.31 % Month 2020 Fee/Refund er ton Jan -$66.97 Feb -$64.88 Mar -$69.75 Apr n/a(closed) May -$58.04 Jun -$61.20 Jul -$53.33 Aug -$55.28 Sep -$46.37 Oct -$52.19 Nov -$64.22 Dec -$73.35 Average -$60.69 % Change -9.71 % Month 2018(per Fee/Refund ton Jan $1.09 Feb -$11.58 Mar -$19.98 Apr $7.15 May $6.67 Jun -$16.15 Jul $1.16 Aug -$7.07 Sep -$25.87 Oct -$14.92 Nov -$29.15 Dec -$26.47 Average -$11.26 % Change -402,18% If a price or index is discontinued on the date of adjustment, the last available price or index for the required period (such as Calendar Year or another 12-month period) will be used, or other index as determined by Director. Santa Clarita Valley Page 46 ATTACHMENT 10-1 —Service Fees Adjustment Example Example assumes the following: • Contract started 4/1/18 o First Calendar Year of service is only 9 months o Rate adjustment was not eligible 7/1/18 • Initial monthly rate for Task 1 basic services was $17.00 • Initial rates for Task 2 is indicated in Table G3 below • Rate adjustment being calculated is for 7/1/19 • Two different facilities were used for Refuse Disposal • 20% of fleet used CNG, 55% used LNG, 25% used RNG • Negative expenses are a rebate (profit) A. Annual increase or decrease in CPI (C of Exhibit 7) Table A —Adjustment Due to Change in CPI Calculate percent change in CPI (12-month average) 03/01/17-02/29/18 221.64 03/01/18-02/28/19 228.51 Percent change 3.10% -Innual increase or decrease in Fuel (D of Exhibit 7) Table 1131—Adjustment Due to Change in DOE CNG Calculate percent change January, April, July, and October 2017 (2.26+1.99+2.02+2.21)/4 = in DOE CNG 8.48/4 = 2.12 (average of quarters in January, April, July, and October 2018 (2.29+2.33+2.44+2.35)/4 = year — which may vary, 9.41/4 = 2.35 not quarter -to -quarter) Percent Change (2.35-2.12)/2.12 = 0.23/2.12 = 0.1085=10.85% Adjustment to CNG Fuel 20% of fleet uses DOE CNG 0.20 X 10.85% _ Component % Fleet 2.17% Table B2 - Adjustment Due to Change in EIA LNG Calculate percent change in EIA LNG (12-month average, not month -to -month) 03/01 /17-02/29/18 121.63 03/01 /18-02/28/19 153.01 Percent Change 2.58% Adjustment to LNG Fuel Component % Fleet 55% of fleet uses EIA LNG 0.55 X 2.58% _ 14.19% Table B3 - Adiustment Due to Change in RNG Calculate percent change in RNG (12-month average, not month -to -month) CNG Change 10.85% RNG Change 2.58% Average Percent Change 6.72% Adjustment to RNG Fuel Component % Fleet 25% of fleet uses EIA LNG 0.25 X 6.72 = 1.68% Santa Clarita Valley Page 47 C. Ia Changes in Refuse Disposal Tipping Fees (E of Exhibit 7) Table CI —Adjustment Due to Change in Task 1 Refuse Disposal Tipping Fees at Facilitv One Year Tipping Fee Disposal E*pense ' 'Prior Year avers e, tans). (12 months) . n e Calculate annual 2017 $50.00 x 1,838 = $91,900=9x12= - cost in Disposal (Apr -Dec) $122,533.33 fees 2018 $52.00 1 x 2,402 = $124,904.00 $2,370.67 Year Cost Customers I I Monthly Adj. Ad'. to Refuse 12018 $2,370.67 7,225 1 =12= 1 $0.03 Table C2—Adjustment Due to Change in Task 1 Refuse Disposal Tipping Fees at Facility Two Year flipping Pee' Disposal Expense Prior year avers tors 12 driths chpQA6 Calculate annual 2017 $40.00 x 2,220 _ $88,800=9x12= - cost in Disposal (Apr -Dec) $118,400.00 fees 2018 $43.00 1 x 2,936 = $126,248.00 $7,848.00 Year Cost I Customers I I Monthly Adj. Adi. to Refuse 12018 $7.848.00 1 7.225 1 =12= 1 $0.09 Changes in Organics Diversion Tipping Fees (E of Exhibit 7) Table 131—Adjustment Due to Change in Green Waste Diversion Tipping Fees Year Tipping Fee Diversion Expense Prior Year (average) tons 12 months Change Calculate annual 2017 $35.00 x 1,508 = $52,780=9x12= - cost in Diversion (Apr -Dec) $70,373.33 fees 2018 $36.00 x 2,006 = $72,216.00 $1,842.67 Year I Cost I I Customers I I Monthly Ad'. to Green Waste 12018 1 $1,842.67 7,225 1 =12= 1 $0.02 Table D2—Adjustment Due to Chan a in Manure Diversion Tipping Fees** Year Tipping'Fee Diversion Expense Prior Year averI tons, 12 nonths Change. Calculate annual 2017 $90.00 x 18 = $1,620=9x12= - cost in Diversion (Apr -Dec) $2,160.00 fees 2018 $94.00 x 25 = $2,350.00 $190.00 Year Cost Customers I I Monthly Ad'. Ad'. to Manure 12018 $190.00 34 =12= 1 $0.47 Table D3—Adjustment Due to Chan a in Food Waste Diversion Tippin Fees** Year Tipping Fee Diversion Expense Prior Year (average) tons 12 months Change Calculate annual 2017 $120.00 x 1 = $120=9x12= - cost in Diversion (Apr -Dec) $90.00 fees 2018 $125.00 x 2 = $250.00 $160.00 Year Cost Customers I I Monthly Ad'. Ad'. to Food Waste 1 2018 $160.00 _ 10 1 =12= 1 $1.33 ** only applicable to those Customers that use these service Santa Clarita Valley Page 48 E. Changes in Recyclables Diversion Tipping Fees (F of Exhibit 7) Table E-Adjustment Due to Change in Recyclables Tipping Fees Year Tipping Fee Diversion Expense/Rebate Prior Year (average) tons 12 months Change Calculate annual 2017 -$3.73 (rebate) x 2,288 = -$8,534.24=9x12= - cost/rebatein (Apr -Dec) -$11,378.99 Diversion fees 2018 $11.26 fee x 3,171 = $35,705.46 $47,084.45 Year I Expense/Rebate I I Customers I I Monthly Adj. Adi. to Recvdables 12018 1 $47.084.45 1 - 7225 1 +12= 1 $0.54 I Task 1 Customer Service Fee Adjustment Totals (C, D, E, and F of Exhibit 7) Table F-Sum of Adjustments Service Fee Component Calculated Weighted Monthly Monthly Adjustment Adjustment Rate Total A3a of Exhibit 7 CPI 3.1 % x 60% x $17.00 = $0.32 Fuel CNG 2.17% x 5% x $17.00 _ $0.02 LNG 14.19% $0.12 RNG 1.68% $0.01 Refuse Disposal Facility 1 actual = $0.03 Facility 2 $0.09 Green Waste Diversion actual = $0.02 Recyclables Diversion actual = $0.54 Basic Service Subtotal = $1.21 Franchise Fee - 0.90 Total Monthly Adjustment 1 $1.34 Special Services & Surcharges Calculated Adjustment Monthly Rate Monthly Total Manure Diversion actual = $0.47 Food Waste Diversion actual = $1.33 Green (Landscaping) Waste Diversion actual = Bear Resistant Carts 3.1 % x Bid = LocIdng Recyclables Calls 3.1 % x Bid = Additional On -Call Pickups 3.1 % x $12.75 = $13.15 Container Size Exchan a 3.1 % x $8.50 = $8.76 Container Removal 3.1 % x $17.00 = $17.53 Roll -Out Service 3.1 % x $8.50 = $8.76 Difficult to Service 3.1 % x $4.25 = $4.38 Cart Cleaning 3.1 % x Bid = Santa Clarita Valley Page 49 G. Task 2 County Service Fee Adjustment Totals Table G1a-Adiustment Due to Chanae in Task 2 Refuse Disnosai TioDina Fees at Facilitv One Year `; 1`loping !`ee aver•, =e Prior Year Change °Io +at wash At farmity °k 0 " ad` stnaer►t. Calculate cost in Disposai fees 2017 $50.00 - - 2018 $52.00 4 x 70% = 2.80% Table G1b-Adjustment Due to Change in Task 2 Refuse isposalTippin Fees at Facili Two Year tpping Free (average) t'nor "ear G " e. % of waste a. facili /o o . ad us ,, t Calculate cost in Disposal fees 2017 $40.00 - - 2018 $43.00 7.50% x 30% = 2.25% Table G2- Sum of Task 2 Percent Changes Service Fee Component Calculated Weighted Adjustment Total Adjustment(Ma of Exhibit 7 CPI 3.1 % x 60% = 1.86% Fuel CNG 2.17% 0 5 /o - 0.11% LNG 14.19% x 0.71 % RNG 1.25% 0.06% Total for Labor & Fuel = 2.74% Refuse Disposal Facility 1 = 2.80% Facility 2 2.25% Total for Disposal = 5.056/ Table G3- Sum of Task 2 Refuse Removal from Public Right -of -Way Adjustments Service Fee Component Calculated Previous Rate New Rate Adjustment Abandoned Waste 2.74 + 5.05 x $85.00/ton = $91.60 Hot Zone Monitoring 2.74 x $ 0.25/foot = $0.26 Public Receptacles 2.74 x $ 4.00/rece tacle = $4.11 Homeless camps, abandoned 2.74 + 5.05 x $200.00/4 cu ds = $215.58 Homeless camps, active Bags Collected 2.74 + 5.05 $ 50.00/bag $53.90 Boxes (Refuse in bags from event box) 2.74 + 5.05 $ 20/box $21.56 Carts o Delivery and removal to/from area 2.74 $150.00/area $153.60 o Collection & Disposal (96-gal) 2.74 + 5.05 $ 10.00/Collection $10.78 o Collection & Disposal (32-gal) 2.74 + 5.05 $ 8.00/Collection $8.62 o Overflowing Cart surcharge 2.74 + 5.05 x $120.00/overflow _ $129.35 o Contaminated Load surcharge 2.74 + 5.05 $ 50.00/load $53.90 Dumpsters o Delivery and removal to/from area 2.74 $150.00/area $153.60 o Collection & Disposal (3 cu yds) 2.74 + 5.05 $ 50.00/Collection $53.90 o Overflowing Dumpster surcharge 2.74 + 5.05 $225.00/Dumpster $242.53 o Contaminated Load surcharge 2.74 $100.00/load $102.74 Litter in Alleys 2.74 x $100.00/mile = $102.74 Litter (As -Needed) • Bags Collected 2.74 + 5.05 x $50.00/bag = $53.90 • Hours Spent 2.74 $35.00/hour $35.96 Emergency Services Solid Waste Not In Containers, tons 2.74 + 5.05 $100.00/ton $107.79 Solid Waste Not In Containers, cubic yd 2.74 + 5.05 x $50.00/cuyd _ $53.90 Palm Frond Collection 2.74 $75.00/hour $77.06 Santa Clarita Valley Page 50 TENTH: Exhibit 3A3, item B and C on pages 38 to 40 are deleted in their entirety and replaced with the following: Mulch and Compost Giveaway Program (Item H7 of Exhibit 3Ai CONTRACTOR shall offer at least 40 cubic yards of Mulch and 40 cubic yards of Compost at each event, or any volume requested by Director not to exceed 80 cubic yards of Mulch and 80 cubic yards of Compost per event. B. Bulky item and Excess Solid) Waste Collection (item H3 of ExniDit 3AI ) CONTRACTOR shall Collect Bulky Items including excess waste discarded at the Set -Out Site on next regularly scheduled Collection day upon at least 24-hours' Notice by the Customer or Occupant or other date agreed to between that Customer or Occupant and CONTRACTOR. For items set out without notice, CONTRACTOR shall not immediately Collect but rather shall perform the following: • Tag items with a Non -Collection Notice describing Notice requirements, and • Contact Occupant, as provided in item C9 of Section 4, and • The following week Collect regardless of Notice by Customer or Occupant. CONTRACTOR shall Collect up to four times per Contract Year all the services prescribed below. For example, Occupant may place two mattresses and five bags of excess Green Waste out for Collection and it will count as one of the four times. Bulky Items In addition to the Annual Curbside Cleanup Event described in item H2 of this Exhibit 3A1, CONTRACTOR shall Collect from each dwelling unit receiving service, unlimited quantities of Bulky Items per pickup. 2. Excess Refuse CONTRACTOR shall Collect Refuse in bags, up to five bags per pickup. In areas prone to wildlife intrusion into urban areas, upon Customer request, CONTRACTOR shall make available the temporary use of Bear -Resistant Carts or Carts with Gravity Locks for the fee listed on the Attachment 2-1, Task 1 Service Fees of Exhibit 7. The Carts are to be delivered to Customer within 72 hours of request and removed within 24 hours of the Service Day. Santa Clarita Valley Page 51 Excess Green Waste CONTRACTOR shall Collect Green Waste in bags or bound bundles less than four feet in length, up to ten bags/bundles per pickup. This service is not for excess Food Waste. 4. Special Recyclable/Reusable Items In accordance with SB 1383, CONTRACTOR shall Collect the following: • Clothing - Unlimited quantities of bagged/bundles reusable clothes. • Other Textiles - Up to five bags/bundles not exceeding 70 pounds of textiles other than reusable clothes. b. Wood and Dry Lumber Up to two bags/bundles of wood and dry lumber bound or in containers, not longer than four feet in length or more than 70 pounds in weight and does not contain nails. C. E-waste Up to ten items of electronic waste that is powered by a plug or battery such as computer, telephones, and televisions. 5. Move-in/Move-Out CONTRACTOR shall offer an additional Bulky Item Collection to Collect unlimited quantities of Bulky Items, bagged excess Refuse, Special Recyclable/Reusable Items within 14 days of an account being opened or closed within the Service Area. 6, Additional On -Call Pickup with Additional cost. In addition to Collection described in item H3 of Exhibit 3A1, at the request of a Customer (not Occupant) for a Collection of Bulky Items in excess of those included H3 of Exhibit 3A1, upon 24-hours' Notice, at charges for additional calls listed on Attachment 2.1, Rate Schedule, Task 1 Service Fees of Exhibit 7 and charge for items listed in Contractor Documentation in Exhibit 3D. C. Annual Curbside Cleanup Events Services (Item H2 of Exhibit 3A1I Santa Clarita Valley Page 52 CONTRACTOR shall conduct the Annual Curbside Cleanup Event in the same month designated by Director, for each Calendar Year, unless otherwise instructed Director or requested by CONTRACTOR and approved by Director. Scope of Services and Specifications Upon Customer request, CONTRACTOR shall arrange to provide separate, automated Collection, transportation, and Diversion of Manure, on the Service Day or days agreed with Customer, at least weekly, from either the Set -Out Site or by scout service. CONTRACTOR shall provide upon Customer request any of the following Containers for the Customer Service Fees provided on the Attachment 2.1, Rate Schedule, Task 1 Service Fees of Exhibit 7: One or more 64-gallon Carts (or other capacity Cart approved by Director) exclusively for Manure and Green Waste, or One or more two -cubic yard Dumpsters exclusively for Manure and Green Waste CONTRACTOR shall offer Manure Dumpster scout services when the larger Collection Vehicle cannot Collect the Container at the Set -Out Site, for an additional charge If CONTRACTOR observes Manure discarded in an Occupant's Refuse or Green Waste Cart, CONTRACTOR shall provide Notice explaining that Customer is responsible for any Cart damage due to discarded Manure. CONTRACTOR may charge Customer the cost to repair or replace such a Cart damaged by Manure. To minimize traffic, emissions, and truck trips, CONTRACTOR shall use the same vehicle to service Manure Carts and Dumpsters, unless otherwise approved by Director. The front/rear loading trucks must be capable of servicing both Carts and Dumpsters. CONTRACTOR shall not use a side loader Vehicle for Carts and a front or rear loader for Dumpsters unless there are sufficient accounts to fill each vehicle. For instance, if three Vehicles were required to service an area, two front loaders and one side loader could be used. 2. CONTRACTOR —Designated Facility CONTRACTOR shall transport Manure from Manure Container only to the facility or facilities that CONTRACTOR has designated in Contractor Documentation in Exhibit 3D for Solid Waste Facilities. Santa Clarita Valley Page 53 ELEVENTH: Exhibit 12D2 Liquidated Damages on pages 273 to 275 is deleted in its entirety and replaced with the following: EXHIBIT 1 2-D2 — Liquidated Damages Reference to "failure" refers to each occurrence of specified Breach (such as for each Occupant and each Occupant's Collection site, Record entry, or complaint) and not for aggregate occurrences of those Breaches (such as for all Customers and Occupants on a given route or day). Per day means each business day except as indicated. If CONTRACTOR does not timely submit the applicable information, documentation or complete Report or incorporate comments, additions and corrections made by Director within five days of receipt of those comments, additions, and corrections, it shall pay the following liquidated damages. CUSTOMER SERVICE C01 For each failure to honor commitment to resolve a Customer's or $100 Occupant's first complaint in accordance with Section 6D1. CO2 For each failure to honor commitment to resolve Customer's or Occupant's $250 same complaint, which generated a second complaint, in accordance with Section 6D1. CO3 For each failure to honor commitment to resolve Customer's or Occupant's $500 for each same complaint, which generated a third or more complaint, in accordance subsequent with Section 6D1. complaint C04 For each failure to enter Customer or Occupant call or e-mail into log or $100 maintain and supply Records of complaints in accordance with Section 6D2. C05 For each occurrence of charging any Customer more than the Customer $100 to COUNTY owes for Task 1 Services (such as for the wrong level of service) or per Customer plus charging any Customer more than Customer Service Fees. returning 110% of overcharged amount payable to Customer C06 If CONTRACTOR violates the nondiscrimination provisions of this $500 per incident CONTRACT, including Part 12D of Exhibit 5. CONTRACT LANGUAGE L01 Failure to maintain an emergency number or make staff available thereat $75 per day in accordance with item J1 of Section 4. L02 Failure to provide documentation for review or comment by Director or $1,000 per obtain any approval, consent or other permission of Director required under occurrence and this CONTRACT, including: $1,000 each • Customer and Occupant correspondence under item F of Section 4 calendar day before • Publicity materials under item G1 of Section 4; retraction or • News releases and trade journal articles related to Solid Waste correction of Collection services, under item G2 of Section 4 misinformation • Customer and Occupant outreach materials under item L of identified by Director Exhibit 3A1. L03 Failure to timely submit documentation for review or comment by Director. $300 per occurrence This includes Exhibit 3D Contractor Documentation. lus $100 r day late L04 Each failure during any calendar month to return Director calls or to timely $500 meet with COUNTY in accordance with Section 4H. Santa Clarita Valley Page 54 No. Descri tion of Liquidated Damage Amount L05 Each failure to timely submit satisfactory proof of notification (mailing) in $200 accordance with item L4b of Exhibit 3A1. L06 Marketing or distributing mailing lists with the names and addresses of $10 per Customer Customers and Occupants, in accordance with Section 1 F. and Occupant per occurrence L07 Failure to maintain telephone service in accordance with Section 6B. $75 per day L08 Not applicable n/a L09 Failure to allow Director to inspect, audit, review Records, or copy Records $500 in accordance with Section 9C. L10 Failure to timely submit AB 939 Records or other required Records in $100 per week late accordance with Section 9E. REPORTING TO COUNTY R01 Failure to submit Monthly Reports in accordance with item Al of $100 per day Section 10. R02 Failure to submit Quarterly Reports in accordance with item A2 of $200 per day Section 10. R03 Failure to submit Annual reports in accordance with item A3 of Section 10. $300 per day R04 Failure to report adverse information in accordance with item C of $300 per Section 10. occurrence R05 Failure to deliver Route maps and schedules in accordance with item Al $100 per day of Section 10 . R06 Failure to submit GPS Reports or video in accordance with item B 4 1 of $100 per day per Exhibit 3A1. vehicle SERVICES TO CUSTOMERS, OCCUPANTS, AND COUNTY S01 For each failure to Collect Solid Waste in accordance with item B of Exhibit $500 per day plus 3A. $10 for each missed Occu ant er day S02 Failure to immediately clean up litter, spills or liquid leaks in accordance $150 per parcel per with Section 4A1, 4A2 or 4A3, respectively. calendar day S03 For each failure to prevent spills or liquid leaks in accordance with Sections $500 4A2 and 4A3. SO4 For each failure to equip a Collection Vehicle with signs in accordance with $100 per week item F4 of Exhibit 3A. S05 For each occurrence of excessive noise in accordance with item A4 of $300 Section 4. S06 Commingling materials from outside the Service Area with Solid Waste that $500 per Vehicle - CONTRACTOR Collects inside the Service Area, in accordance with Occurrence item K of Section 4. S07 For each failure to follow its Unpermitted Waste Screening Protocol in $500 accordance with item A of Section 6. S08 Failure to repair damage caused to private property in accordance with item $150 C of Section 20. S09 Failure of any Vehicle to deliver Solid Waste to the Solid Waste Facilities $500 per designated by CONTRACTOR in accordance with item C of Exhibit 3A. Vehicle S10 For each occurrence Collecting any Solid Waste during unauthorized hours $500 plus $10 for prohibited under item B1 of Exhibit 3A, without Director approval. each Container or Bulky Item Collected S11 For each failure to timely provide, maintain, or repair Container in $25 per day accordance with item B3 of Exhibit 3A. S12 For each occurrence of failing to return emptied Container upright, or to $250 their Set -Out Sites, or placing Container in a location that impedes pedestrian or vehicular traffic in accordance with item B3 of Exhibit 3A. Santa Clarita Valley Page 55 No. I Description of Liquidated Damage Amount S13 For each use of an unapproved Container design including labeling, in $50 accordance with Section 6D and item B3d of Exhibit 3A. S14 For each occurrence of disposing of Recyclables, or mixing Recyclables or $500 per Vehicle Green Waste with Refuse in accordance with item G2 of Exhibit 3A. S15 For each failure to maintain any Vehicle in accordance with Applicable Law $150 per Vehicle in accordance with item Al of Section 22. perday S16 For each failure to tag uncollected Solid Waste and keep a record of $150 reason, in accordance with Section 4C S17 For each failure to Collect Abandoned Waste within 2 Service Days of $100 per day Director request, in accordance with item A1c of Exhibit 3A2. S18 For failure to maintain an alley segment (1 block) or a Hot Zone (1 area) on $250 per day the scheduled day, in accordance with items Al of Exhibit 3A2. S19 For each failure to Collect Solid Waste from public receptacles on the $50 per receptacle scheduled day and time or failure to maintain (clean), in accordance with per missed item B of Exhibit 3A2. Collection S20 Failure to maintain and operate GPS and Video Equipment in working $100 per Vehicle order, in accordance with item E41 of Exhibit 3A1. perday S21 Failure to remove graffiti and other markings from a Container within 7 days $50 per Container of observing it or having it reported to CONTRACTOR; 2 days for per occurrence, per obscenities, in accordance with item D7 of Exhibit 3A1. week TWELFTH: Attachment 5-10A Definitions on pages 239 through 256, the following definitions are either added as a new term or replace the existing term to revise its meaning: CONTRACTOR means the Person executing this CONTRACT and any assignee of CONTRACTOR consented to by COUNTY. CONTRACTOR includes CONTRACTOR's Subcontractors unless explicitly provided otherwise. References to all CONTRACTOR's actions and Performance Obligations under this CONTRACT include reference to Subcontractors' actions under this CONTRACT, as applicable, without specifying in each instance that CONTRACTOR shall directly take those actions itself, or cause its Subcontractors to take those actions on CONTRACTOR's behalf. Food Waste means uneaten materials acquired for animal or human consumption. Multifamily means Person or thing related to (1) dwellings with five or more attached dwelling units (such as apartments), each with separate cooking and bathing facilities, (2) townhouses, and (3) condominiums, whether attached or detached. Organic Waste means both of the following: • Organic waste defined in AB 1826, and • Organic waste defined in SIB 1383 selected by Director and Noticed to CONTRACTOR, and includes Food Waste and Green Waste. Prohibited Container Contaminants means as set forth in Section 18984.5 of SIB 1383, Residential Premises means Premises containing a Residential building, such as a detached, single-family home or a multi -family building with four or less units Santa Clarita Valley Page 56 RNG or Renewable Natural Gas means a fuel derived from recycled organic waste. Senate Bill (SB) 1383 means the California bill signed into law on September 19, 2016 that established targets to reduce statewide Organics waste Disposal and many other requirements on Organic Waste generators and local jurisdictions. Unsegregated Single -Container Collection Services means as set forth in Section 18984.3 of SB 1383. THIRTEENTH: Attachments 7-2.2 Task 1 Service Fees, 7-3.2 Task 2 Service Fees and 7-4.2 Emergency Service Fees on pages 252 through 255, are deleted in their entirety and replaced with Attachments 2.1 and 3.1. CONTRACTOR is complete the new forms found in Enclosure A. FOUREENTH: Except as modified by this AMENDMENT, all other terms, conditions, requirements, and specifications of this CONTRACT shall remain in full force and effect. H 11 11 11 11 11 Santa Clarita Valley Page 57 IN WITNESS WHEREOF, the COUNTY has, by order of its Board of Supervisors, caused these presents to be subscribed by the Director of Public Works, and the CONTRACTOR has subscribed its name by and through its duly authorized officers, as of the day, month, and year first written above. COUNTY OF LOS ANGELES By for Director o lic Works APPROVED AS TO FORM: RODRIGO A. CASTRO-SILVA County Counsel By /u % Deputy BURF Z )USTRIES, INC. Its President Cole Burr Type or Print Nam By - t Its Secretary Tracy A. Burr Type or Print Name Santa Clarita Valley Page 58 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On May 17, 2021 before me, Michele Zamora, Notary Public personally appeared Cole Burr and Tracy Burr who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ire/they executed the same in hWhef/their authorized capacity(ies), and that by #/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MKHELE ZAMORAA Notary public • California I certify under PENALTY OF PERJURY under the laws of x - San Bernardino County the State of California that the foregoing paragraph is true Commissions 2237654 My Comm. Expires May 9, 2022 and correct. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document: Title or Type of Document: Amendment 3 to Contract No. 003429 — Santa Clarita Valley Document Date: Number of Pages: Signer(s) Other Than Named Above: Enclosure A ATTACHMENT 2.1 RATE SCHEDULE The undersigned Proposer offers to perform the work described in the Request for Proposal (RFP) for the following prices. The Proposer's rates (hourly, monthly, etc.) shall include all administrative costs, labor, supervision, materials, transportation, taxes, equipment, and supplies unless those specified to be furnished by Public Works. It is understood and agreed that where quantities, if any, are set forth in the below tables, they are only estimates, and the unit prices quoted, if any, will apply to the actual quantities, whatever they may be. Task 1 Service Fees - Santa Clarita Valley Proposer must provide a Service Fee for each item below. These fees are to include the 10 percent franchise fee. Failure to do so may result in the proposal/bid being rejected as nonresponsive. Waste separated by more than ten feet shall be considered a separate incident. Write-in your proposed Monthly Rater, calculate Basic Service Total, and calculate Proposed Annual Amount. Note: 96-gallons = 0.5 cu yd. MONTHLY RATE (Exhibit 3A D1, Exhibit 3A3 B) Services Monthly Rate (Billed to Monthly Rate for Basic Services (July 1, 2021) A. One 96-gallon Refuse (with food waste) A "$_ 10.49 B. One 96-gallon Recyclables B **$ - C. One 96-gallon Green Waste (without Food Waste) C ***$ 6.38 € Monthly Rate for SB1383-Compliant Basic Services (January 1, 2022) D. One 96-gallon Refuse (no food waste) D *$ 10.14 E. One 96-gallon Green Waste (w/Food Waste) or one 64-gallon Food Waste E ***$ 12.86 € Portion of Monthly Rate for Special Services (Exhibit 3A H) Holiday Tree Collection 1 $ 0.03 Annual Curbside Cleanup Event 2 $ 0.19 Bulky Item & Excess Solid Waste (Exhibit 3A3 B) 3 o Bulky Items $ 1.90 o Excess Waste $ included above o Excess Green Waste $ included above o Special Recyclable/Reusable Items $ included above 4. Priority Pickups at Director's Request 4 $ 0.01 5. Special Cleanup Events Services 5 $ 0.01 6. Sharps Collection 6 $ 0.03 7. Mulch & Compost Giveaway Program 7 $ 0.02 8. Bear -Resistant Carts 8 $ 0.01 9. Video Equipment & Recording 9 $ 0.02 10. Scales 10 $ N/A Total of A - C and 1 - 8 do not include D, E, 9, or 10 I la #$28.20 (Basic Service Total) Monthly Rate for Alternative to Director's Preferred Method (optional) • One 96-gallon Refuse Cart $ N/A • One 96-gallon Recyclables Cart $_ N/A • One 96-gallon Green Waste Cart $ N/A • One 64-aallon Food Waste Cart $ N/A COUNTY may subsidize Green Waste Diversion fees for Customer through a temporary reduction of GUN I AG I UK's Franchise Fee. GUN I RACTUK is to consult with Director prior to billing Customers. Santa Clarita Valley Page 59 CUSTOMER SURCHARGES ADDED TO MONTHLY RATE (Exhibit 3A) , Services Anti�,oott£r Additional Containers beyond Basic Services which is 1 Refuse, 1 Recyclables, 1 Green Waste (Exhibit 3A D2) • 2nd or more 96-gallon Refuse Cart 96-gal Refuse fee* • 2nd 96-gallon Recyclables Cart 75% of 96-gal Recycle fee** • 2nd 96-gallon Green Waste Cart 75% of 96-gal Green Waste fee*** • 2nd or more 64-gallon Food Waste Cart 96-gal Green Waste fee*** • 31d or more 96-gallon Recyclables Cart 96-gal Recycle fee** • 3rd or more 96-gallon Green Waste Cart 96- al Green Waste fee*** Additional On -Cali Pickups beyond 4 per year (Exhibit 3A H3) Per request charge equal to75%of Basic • Bulky Items, excess waste, or Green Waste r visit to Collect all items Service Totar Container Size Exchange, beyond 1 per year (Exhibit 3A1 D3c) and Temporary Bear -Cart Delivery for Excess Waste (Exhibit 3A3 132) Per request charge equal to 5011/6 of • Each additional exchange/deliveryexchange/delivery Service TotaE Container Size Exchange, beyond 1 per year (Exhibit 3A D3c) and Per request charge rg equal to 50% of Basic Temporary Bear -Cart Delivery for Excess Waste (Exhibit 3A3 B2) Service Total • Each additional exchange/delivery Container Removal and Return, within previous 12 months (Exhibit 3A D3e) • First removal and return (per set) 100% of Basic Service Total • Each additional removal and return (per set) 125% of previous fee • Cleanup of Set -Out Site 100% of Basic Service Totar Roll -Out Service for non-Elderly/Disabled (Exhibit 3A) • Mandatory Minimum Service (Up to 10 feet) 5%ofBasic Service Total • Full Service (Up to 50 feet) 50%ofBasic Service Totar • Extended Full Service o First 50 feet 50% of Basic Services Total o Each 200 feet 50% of Basic Services Total o Unpaved 10% of Basic Services Total o Steep 10% of Basic Services Total Difficult to Service (Exhibit 3A O) Cost per Customer 25% of Basic Service Total Manure Service, per collection each week (Exhibit 3A D13) • 64-gallon Cart $ 53.11 • 2-cubic yard Dumpster $ 212.42 • Roll-Out/Scout Service $ Negotiated with Customer Locking Cart (Exhibit 3A D14) • 96- allon Cart S 80.95 (one-time, per Cart) Container Cleaning (Exhibit 3A D3d(3)) • Monthly Cleaning Service $ 17.11 Billing Fees (Section 10137) • Late payment fee 10% of past due amount • Interruption of service ; $25 • Returned checks $25 Santa Clarita Valley Page 60 Santa Clarita Valley Page 61 Using the examples given below calculate your Monthly Unit Rater, Monthly Service Fee Revenue, and Annual Service Fee Revenue. The estimated number of customers given is the current number for the Service Area but may be revised as outlined in Section 10, Service Fees and Billing. Estimated. No. Monthly Monthly Service Annual Service Months Customers Unit Date" fee Revenue . Fee Revenue. : Example 3,059 x $ 20.00 = $ 61,180 x 12 = $ 734,160 1.1a 1 1 Actual 11,640 x $ 28.20 = $ 328,248.00 x 12 = $ 3,938,976.00 Example Two hundred seventy-four thousand two hundred ninety-six dollars and eighty-four cents. WRITTEN TOTAL PROPOSED ANNUAL AMOUNT FOR TASK 1, ITEM 1.1 Three million nine hundred & thirty-eight thousand nine hundred and seventy-six Actual dollars & no cents WRITTEN TOTAL PROPOSED ANNUAL AMOUNT FOR TASK 1, ITEM 1 1 Using the examples given below calculate the Monthly Customer Net Rate, without the 10 percent franchise fee. !Monthly Customer Ratex Franchise Fee Mon fP ily Customer Net Rate Example $ 20.00 - 10% _ $ 18.00 1 1a Actual $ 28.20 - $ 2.82 = $ 25.38 Example Eighteen dollars and zero cents. I WRITTEN MONTHLY CUSTOMER NET RATE FOR TASK 1 Actual Twenty-five dollars and thirty-eight cents WRITTEN MONTHLY CUSTOMER NET RATE FOR TASK 1 x Also referred to as Basic Service Total Santa Clarita Valley Page 62 ATTACHMENT 3.1 Task 2 Service Fees Santa Clarita Valley Proposer must provide a Service Fee for each item below. Failure to do so may result in the proposal/bid being rejected as nonresponsive. Waste separated by more than ten feet shall be considered a separate incident. Write-in your proposed Service Fee and Calculate your Monthly Payment Rate and Proposed Annual Amount. The Proposed Annual Amount is not the total for all proposed Task 2 services but rather it is the total of the amounts to be evaluated. Potential additional amounts for Task 2 are not included here but are part of the contract. Also, many quantities are estimates and actual Monthly Payment Rate will be based on actuals, not these estimates. Charts below contain several places with "Additional" services that are beyond what is expected. Note: There are 4.33 weeks per month. 2A. Abandoned Waste Weekly Collection (Exhibit 3A2 A and Section 10 C3a) Annual Services Service Fee Estimated Quantities Monthly Rate Abandoned Waste Rate Per Ton • Alleys (0 miles) S 751.15 /ton x 2 tons = $ 1,502.30 • Parkways, Sidewalks, Steels 57.7 miles Additional Waste Per Ton $ 751.15 /ton x 1 5 tons = $ 3,755.74 TOTAL PROPOSED MONTHLY AMOUNT FOR 2A 2 la $_.5,258,04 213. Abandoned Waste Daily Collection (Exhibit 3A2 A5 and Section 10 C3b) Annual Services Service Fee Estimated Quantifies Monthly Rate Monitoring All Hot Zone Locations n/a 0 feet x 5 days x n/a 0 locations 4.33 weeks x Additional Hot Zones Monitoring $ 0.1 8/foot(perday) 500 feet x 5 days x = $ 1.948.50 (up to 50% more length)4.33 weeks TOTAL PROPOSED MONTHLY AMOUNT FOR 2B 2 1b $ 1,948.50 2C. Public Receptacles (Exhibit 3A2 B and Section 10 C3c) Annual Services Service Fee Estimated Quantibes Monthly Rate Standard or Solar Compactors 0 receptacles (assume Collection twice per day, n/a x 2 times x 6 days n/a 6 days per week) x x 4.33 weeks = Additional public receptacles $ 6.98 /receptacle 20 receptacles $ 7,253.62 (per Collection) x 2 x 6 x 4.33 Mixed Waste Processing Surcharge S N/A /receptacle n/a (per Collection) Automated Collection from Carts -$,N�Al receptacle n/a (discount for use of 96-gallon Carts) (per Collection) TOTAL PROPOSED MONTHLY AMOUNT FOR 2C 2 1c $ 7,253.62 Santa Clarita Valley Page 63 2D. Homeless Encampments (Exhibit 3A2 E and Section 10 C3e) Annual Services Service Fee Estimated Quantties Monthly Rate Abandoned Encampments • Waste Collection for each 4 cu yds $36.07 4 bads $ 144.28 Occupied Encampments (perweek) (perweek) • Bags Collected $3 66/bag 5 bags x 4.33 $ 79.24 • Boxes (Refuse in bags from event box) $ 4.54/box 5 box x 4.33 $ 98.29 • Carts o Delivery and removal to/from area $483.80 /area 2 areas x 4.33 $ 4,189.71 o Collection & Disposal (96-gal) $ 4.38/Collection 20 Collections x 4.33 $ 379.31 o Collection & Disposal (32-gal) $_3_ffi/Collection x 20Collectionsx4.33 i = $ 316.96 o Overflowing Cart surcharge $ 4 3R/96 gallons 1 overflows x 4.33 $ 18.97 o Contaminated Load surcharge $ 25.75/Cart 1 Carts x 4.33 $ 111.50 • Dumpsters o Delivery and removal to/from area $967.60/area 2 areas x 4.33 $ 8,379.42 o Collection & Disposal (3 cu yds) $29.19/Collection 10 Collections x4.33 i $ 1,263.93 o Overflowing Dumpster surcharge $29.19 /3 cu yds 1 overflows x 4.33 $ 126.39 o Contaminated Load surcharge $154.50/Dumpster 1 Dumpsterx4.33 $ 668.99 • Additional Cart or Dumpster Services n/a n/a $1, 000 00 TOTAL PROPOSED MONTHLY AMOUNT FOR 2D 2 Id $16,776.99 2E. Litter Collection (Exhibit 3A2 A4, Exhibit 3A2 G, and Section 10 C3g) Annual Services Service Fee Estimated Quantities Monthly Rate Litter Rate Per Mile Alleys (0 miles) n/a 0 miles x 4.33 n/a Litter (As -Needed) Hours Spent $179.18/hour x 8 hours x 4.33 _ $ 6,206.80 Additional Litter (As -Needed) (up to 50% more hours) $179.18/hour 4 hours x 4.33 $ 3.103.40 TOTAL PROPOSED MONTHLY AMOUNT FOR 2E 2 1e $_9,310.20 TASK 2 - PROPOSED ANNUAL AMOUNT FOR TASK 2 Monthly Monthly Monthly Monthly Monthly Monthly Amount Amount for Amount for Amount for Amount for Amount for for Tasks 2A + 2B Task 2A Task 2B Task 2C Task 2D Task 2E + 2C + 2D + 2E 2la 21b 21c 21d 21e 2labcde $ 5,258.04_ $ 1,948.50 $ 7,253.62 $16,776.99 + $ 9,310.20 6. $ 40,547.35 Monthly Amount for Tasks 2A + Proposed Annual Amount 213+2C+2D+2E for Task 2 2.1 $_486,568.20 2 1 abode $_40,547.35 12 months Four hundred eighty-six thousand five hundred sixty-eight dollars and twenty cents WRITTEN PROPOSED ANNUAL AMOUNT FOR TASK 2, ITEM 21 Santa Clarita Valley Page 64 ATTACHMENT 2-3 Task 2 Emergency Service Fees Santa Clarita Valley Proposer must provide a rate for each item below. Failure to do so may result in the proposal/bid being rejected as nonresponsive. Services - Rate billed to COUNTY Automated Collection Services (Section 10C3, Section 16B, and Exhibit 3A2 F1) Automated Collection Services and/or Bulky Items Comparable Municipal Solid Waste fees Solid Waste not in Containers (Exhibit 3A2 F2) Solid Waste not in Containers S578.59/ton and $ 7I .I7/cubic yard Roll -Off Containers or Drop -Off Events (Exhibit 3A2 F3) Roll -Off Containers or Drop -Off Events Comparable Municipal Solid Waste fees Palm Frond Collection (Exhibit 3A2 F4) Palm Frond Collection $ 34.52/hour per Vehicle Waste in Right -of --Way (Exhibit 3A2 F5) Waste in Right -of -Way • Abandoned Waste • Public Receptacles Comparable fees to Attachment 2-2 with a • Homeless Encampments negotiated adjustment for distance. • Human Waste Removal Santa Clarita Valley Page 65 ATTACHMENT 2-4 Schedule of Prices Santa Clarita Valley Values for Task 1 and Task 2 in the table below are to be transferred from Task 1 Service Fees and Task 2 Service Fees. Please note that the Total Proposed Annual Amount For Tasks 1 + 2 in the table below is the amount that is evaluated. Total Proposed Annual Amount for Task 1 (Billed to Customer) 1A $ 3,938,976.00 Total Proposed Annual Amount for Task 2 (Billed to COUNTY) TOTAL PROPOSED ANNUAL AMOUNT FOR TASKS 1 + 2 2.1 + I $ 486,568.20 1 = $ 4,425,544.20 TOTAL PROPOSED ANNUAL AMOUNT FOR TASKS 1 AND 2 (WRITE OUT IN FULL) Four million four hundred twenty-five thousand five hundred forty-four dollars and twenty cents. LEGAL NAME OF PROPOS Burrtec Waste I s,�"/ NAME OF PERSON7/ SUBMIT PROPOSAL Cole Burr SIGNATURE QJtP S T SUBMIT PROPOSAL TITLE OF AITTHORIZED PERSON President DATE STATE CONTRACTOR'S LICENSE NUMBER LICENSE TYPE Ma 27, 2021 N/A N/A PROPOSER'S ADDRESS 9890 Cherry Ave Fontana, CA 92335 PHONE E-MAIL 909-429-4200 cole@burrtec.com Santa Clarita Valley Page 66 AMENDMENT 4 TO CONTRACT NO. 003429 EXCLUSIVE FRANCHISE AGREEMENT FOR THE UNINCORPORATED AREA OF SANTA CLARITA VALLEY THIS AMENDMENT 4, made and entered into this 21st day of July 2022, by and between the County of Los Angeles, political subdivision of the State of California (hereinafter referred to as COUNTY) and BURRTEC WASTE INDUSTRIES, INC., a California corporation, located at 9890 Cherry Avenue, Fontana, California, 92335 (hereinafter referred to as CONTRACTOR). COUNTY and CONTRACTOR are each a Party and collectively referred to as the Parties. WITNESSETH WHEREAS, Contract No. 003429 ("Contract") was entered into between the COUNTY and the CONTRACTOR on October 29, 2018, to provide services consisting of weekly, fully automated, separate collection in carts, processing, disposal of refuse, comingled recyclable materials, and green waste generated by single-family residences and multifamily properties under 5 units in the unincorporated areas of Santa Clarita Valley, commencing on November 1, 2018, for a period of 7 years with two 2-year renewal options, and month -to -month extensions up to 6 months; and WHEREAS, the Board delegated authority to the Director of Public Works to renew the Contract for each additional renewal option; to approve and execute amendments to incorporate necessary changes within the CONTRACTOR services and specifications; and WHEREAS, the Contract is currently in the fourth year of its initial 7-year term; and WHEREAS, on August 25, 2020, the COUNTY and the CONTRACTOR executed Amendment No. 1 to the Contract, providing the COUNTY with a 5 percent cost reduction up to the first $20,000 in services of all rates specified in Form PW-4.3.2 (Task 2 Service Fees) and/or all submitted invoices without any reduction in the goods and services to be provided to the COUNTY until June 30, 2021; and WHEREAS, on December 29, 2020, the COUNTY and the CONTRACTOR executed Amendment No. 2 to this Contract, providing a new monthly rate per Customer of $26.24 for Task 1 services effective January 1, 2021; and WHEREAS, on June 15, 2021, the COUNTY and CONTRACTOR executed Amendment No. 3 to this Contract, providing a new monthly rate per Customer of $28.20 for Task 1 services effective July 1, 2021, changing language in various sections in this Contract, and adding a provision that allows the COUNTY to require CONTRACTOR to provide organic waste collection services pursuant to the requirements of SB 1383; and WHEREAS, the COUNTY desires to include provisions in the Contract that will require the CONTRACTOR to provide updates to the COUNTY regarding any changes in facility and facility gate fees paid and make changes in CONTRACTOR services for Santa Clarita Valley Page 1 of 17 Customer Service Task 1; and NOW, THEREFORE, in consideration of these facts, the COUNTY and the CONTRACTOR agree that the Contract shall be amended as follows: FIRST: The COUNTY and CONTRACTOR agree that effective August 1, 2022, the Monthly Rate per Customer for Task 1 Customer Services shall be as follows: MONTHLY RATE Services Monthly Rate Per Customer (Billed to Customer) Monthly Rate for 3-Container Basic Services A. One 96-gallon Refuse (no food waste) A *$10.38 B. One 96-gallon Recyclables B **$7.70 C. One 96-gallon Green Waste (w/Food) or one 64-gallon Food Waste C ***$12.16 Portion of the Monthly Rate for Special Services (Exhibit 3A1 H) 1. Christmas Tree Collection 1 2 $0.03 $0.20 2. Annual Cleanup Event 3 $2.31 3. Annual Container Cleaning 4 $0.02 4. Mulch/Compost & Shredding Events 5. Bulky Item Service 5 $1 o Bulky Item (On -call) $included above o Excess Refuse $included above o Excess Green Waste $included above o Special Recyclables/Reusable Items 6. Priority Pickups at Director's Request 6 $0.01 7. Special Cleanup Events Services 7 $0.01 8. Sharps Collections 8 $0.03 9. Bear -Resistant Carts 9 $0.01 10. Video Equipment & Recording 10 $0.02 1.1a Total of A - C and 1 - 10 $34.82 (Basic Service Total) SECOND: The COUNTY reserves the right to suspend any work listed under 1 to 10 or switch basic services to mixed Refuse with food waste if, in the opinion of the Director, it is in the best interest of the COUNTY to do so. THIRD: Add d. Cleanliness of Containers to Item D3 of Exhibit 3A1 on page 6 as follows: Santa Clarita Valley Page 2 of 17 d. Cleanliness of Containers While CONTRACTOR is not obligated to provide new Containers to Occupants, they must provide clean Containers. This includes the delivery of additional Containers, exchange of Containers, or washing used Containers. (1) Annual Cleaning of Green Waste Containers Starting July 1, 2023, CONTRACTOR is to arrange and coordinate a cleaning of the inside of Customer's Green Containers once per Contract Year. The service is to be promoted in an article in the outreach materials. However, Director may determine the cleaning is not necessary and in lieu of the service, require the monthly rate be reduced by the cleaning costs, as indicated on Attachment 7-2, Task 1 Service Fees of Exhibit. (2) Monthly Cleaning by Customer Request Starting January 1, 2023, CONTRACTOR is to arrange and coordinate a cleaning of the inside of Customer's Containers up to monthly, or other frequency determined by Director. CONTRACTOR may pass the cost of the cleaning on to Customers for the surcharge provided in this AMENDMENT. The service is to be promoted in an article in the quarterly newsletter or postcards, requiring Customers to contact CONTRACTOR to request the service and agree to pay for it. While this service is intended for Containers with Food Waste, it is to be available for any or all Containers. FOURTH: The COUNTY and CONTRACTOR agree that the Monthly Rate per Customer for container cleaning will be as follows: • Monthly Cleaning Service, 1 Cart $42.41 • Monthly Cleaning Service, each additional Cart $42.41 FIFTH: Item F of Exhibit 3A1 on pages 13 and 14 is deleted in its entirety and replaced with the following: F. Solid Waste Transportation, Processing, Diversion, and Disposal 1. CONTRACTOR -Designated Solid Waste Facility CONTRACTOR shall transport Solid Waste only to the Solid Waste Facility or Facilities that CONTRACTOR has designated in Contractor Documentation in Exhibit 17 for Processing, Diversion, or Disposal or those facilities as directed by Director in subsection 2 below. CONTRACTOR may designate a Solid Waste Facility or Facilities that utilizes Conversion Technology or provides feedstock to Conversion Technology facilities. Prior to any change in designated facilities or within 30 days of Santa Clarita Valley Page 3 of 17 CONTRACTOR being notified of the change in rates at an approved facility, CONTRACTOR must provide Notification to Director for consent of change. Failure to receive approval from Director will result in rate adjustments being calculated based on the less expensive of the existing and previous facility. Director will review information such as fees, distance, Recycling rates, ability to Recycle Recyclables. If CONTRACTOR requests to take Solid Waste to a facility that charges more, Director may approve such requests without authorizing the CONTRACTOR to pass the increased cost to the Customer. At the Director's discretion, some or all the increased costs may be passed to the Customer under special circumstances such as changing Green Waste Diversion from a landfill that was using it as Alternate Daily Cover to a more expensive composting facility. Some Service Areas may require CONTRACTOR to use specific sites or facilities for Disposal, Diversion, or Processing of Solid Waste without additional compensation, as designated in Exhibit 3A3 if applicable to this. 2. Flow Control Director reserves the right to direct Solid Waste to a specific site or facility. COUNTY will compensate CONTRACTOR for any direct costs, if any, such as increased tipping fees and transportation costs which CONTRACTOR incurs as a result of the delivery of materials to a COUNTY -designated Solid Waste Facility instead of to the Solid Waste Facility selected by CONTRACTOR. CONTRACTOR must submit verifiable evidence demonstrating increased costs. If CONTRACTOR had been using a CONTRACTOR owned facility before being redirected to a different facility, Director will not compensate CONTRACTOR for any lost profits incurred by the CONTRACTOR as a result of being redirected to a different facility. In addition, Director will not compensate CONTRACTOR for any losses incurred to the extent that it had any general obligations to provide a minimum tonnage to a facility (often referred to as put or pay) but will compensate CONTRACTOR for additional out-of-pocket costs directly resulting from an obligation agreed to specific to this CONTRACT. For example, if CONTRACTOR signed an agreement to bring 100,000 tons per month of Refuse to Landfill X, Director will not compensate the CONTRACTOR for redirecting waste under this CONTRACT to a different facility. But if CONTRACTOR had agreed to bring 1,000 tons of Refuse from this Service Area to Landfill X, Director will compensate CONTRACTOR for additional out-of-pocket costs that CONTRACTOR incurs as a direct result of being redirected to a different facility. Santa Clarita Valley Page 4 of 17 Some Service Areas may require CONTRACTOR to use specific sites or facilities for Disposal, Diversion, or Processing of Solid Waste without additional compensation, as designated in Exhibit 3A3 if applicable to this CONTRACT. 3. Land Application of Organic Waste Land application of Organic Waste will not be allowed without the written approval of Director. SIXTH: Item H.7 of Exhibit 3A1 on page 19 is deleted in its entirety and replaced with the following: 7. Mulch/Compost Giveaway & Shredding Program CONTRACTOR shall twice annually, publicize and offer Occupants Mulch (i.e., shredded bark and wood chips), Compost, and a document shredding service at no additional charge to Customers, Occupants, or COUNTY. This shall occur once in the early Spring and again in the early Fall, or at alternate dates as requested or approved by Director. CONTRACTOR must provide recovered Organic Waste products as set forth in Article 12 of SB 1383. CONTRACTOR shall use Reasonable Business Efforts to offer Mulch and Compost that were produced from Green Waste generated in the Service Area, unless otherwise approved by Director. CONTRACTOR shall offer at least 40 cubic yards of Mulch and 40 cubic yards of Compost at each event, or any volume requested by Director not to exceed 80 cubic yards of Mulch and 80 cubic yards of Compost per event. All materials shall be tested and certified per requirements of the Local Enforcement Agency. CONTRACTOR shall comply with the California Department of Food and Agriculture's quarantine restrictions for the movement of the Green Waste. (https://www.cdfa.ca.gov/plant/pe/interiorExclusion/quarantine.htm1) CONTRACTOR shall also offer on -site shredding of unlimited quantities of paper documents from Residential Premises. CONTRACTOR is not required to accept documents from a business. CONTRACTOR shall allow Customer or Occupant to witness the shredding to provide additional assurance of preventing identity theft. a. Pickup Event CONTRACTOR shall select a location, preferably within the Service Area (typically in the parking lot of a park or school) or other feasible areas approved by Director and shall be responsible for planning and making all necessary arrangements. CONTRACTOR shall provide all the necessary staffing, Vehicles, Containers, and other equipment, and materials or supplies (such as Santa Clarita Valley Page 5 of 17 shovels and extra bags). CONTRACTOR shall help participants who request help and shall post a Bilingual sign at the event offering assistance. Upon request of CONTRACTOR, Director may provide some assistance in securing COUNTY facilities. b. Delivery In lieu of a pickup event, CONTRACTOR may deliver bagged Mulch and Compost, with Director approval. CONTRACTOR shall provide all the necessary staffing, Vehicles, and bags. Within one week after Occupant request, CONTRACTOR shall deliver Mulch and/or Compost to that Occupant's address. SEVENTH: Item L of Exhibit 3A1 on pages 22 to 27 is deleted in its entirety and replaced with the following: L. Public Education and Outreach CONTRACTOR shall develop, disseminate, and conduct comprehensive public education and outreach regarding services to maximize Diversion of Recyclables, Green Waste, Bulky items, Sharps, and E-waste. The public education and outreach components shall include but not be limited to the following: 1. Customer Terms and Conditions Before commencing Task 1 Services and annually thereafter by July 1, CONTRACTOR shall provide a Terms and Conditions to Customers and Occupants, substantially in the form included in Exhibit 16 and approved by Director. CONTRACTOR shall distribute to Customers and Occupants a copy of the Terms and Conditions upon request. Director may change the form and content of Terms and Conditions from time to time after Notice to CONTRACTOR. CONTRACTOR may change the form of Terms and Conditions only with Director's prior written consent in accordance with item L1. 2. Service Brochure(s) Before commencing Task 1 Services and to each new Customer and Occupant, and annually throughout the CONTRACT term, CONTRACTOR shall provide a service brochure to Customers and Occupants, specifically in the form included in item D of Exhibit 16, which must include at a minimum, all the following items: Santa Clarita Valley Page 6 of 17 • The scope of Task 1 Services, including general information on size and number of Carts, where to get specific information about their Containers, and a general description of the Set -Out Site, • Holiday schedules in accordance with item B5 of Exhibit 3A1; • Delivery, pick up, exchange, and replacement of Carts; • Any weight limitations of Carts; • CONTRACTOR's Office Hours, toll -free customer service telephone number, e-mail address, and website; • Director's telephone number (888 CleanLA), which the Customers or Occupants may call after contacting CONTRACTOR if the Customer's or Occupant's service complaint is not satisfactorily resolved; • Description of Green Waste and items (such as palm fronds) that do not comprise Green Waste, including items approved by Director; • Description of the Recyclables; and • Any other information requested by Director. 3. Community Meetings/Events Upon Director's sole discretion, the format of the meeting shall be either in -person and/or over the Internet using a Director -approved software application. All meetings shall be at no cost to attendees or COUNTY. CONTRACTOR is to provide simple refreshments for in -person meetings. Drinking water is sufficient to meet this requirement. CONTRACTOR shall use Reasonable Business Efforts to make meetings zero -waste events including refreshments that do not contain single -use packaging and recyclables and/or food waste containers if the facility does not provide such containers. CONTRACTOR may need a supply of reusable drinking cups or drinking glasses for either use by attendees or gifts to attendees. a. No Longer Used b. Upon Director Request CONTRACTOR shall attend up to 20 community meetings/events per Contract Year upon Director's request. Examples include local fairs or civic events with individuals, Customers and Occupants, community organizations, city councils, town councils and any other groups named by Director. CONTRACTOR shall take any or all the following actions at the meetings/events, approved by Director: (1) Operate Recycling Information Booths CONTRACTOR shall operate Recycling information booths and distribute colorful flyers, promotional items, have a minimum of 100 CONTRACTOR -provided reusable bags available, pamphlets, and other items that encourage participants to Recycle, reduce, reuse, Santa Clarita Valley Page 7 of 17 and/or Divert Solid Waste. Additionally, upon Director request, CONTRACTOR shall order and provide up to $1,000 worth of miscellaneous promotional items such as miniature recyclables carts or magnets per Contract Year. Director may request that CONTRACTOR give out these items at a specific event or Director may distribute these items at any events. (2) Other Activities/Actions CONTRACTOR shall conduct other similar activities and take other similar actions requested by Director. c. Annual Once per Contract Year, CONTRACTOR shall hold a minimum of two and up to four community meetings in English and upon Director request, in Spanish, to hear how satisfied Customers and Occupants are with the service and clarify or promote Task 1 Services to Customers and Occupants in the Service Area: • Up to two on weekday evenings; • Up to two on separate Saturdays; and • Director may reduce number or change the date or time. CONTRACTOR shall inform Director of the proposed meeting locations, setup, and arrangements at least three weeks prior to the proposed date. CONTRACTOR shall obtain Director's approval before holding any meeting. CONTRACTOR shall notify all Customers and Occupants of the purpose, time, and place of each meeting between two and three weeks prior to the scheduled community meetings. CONTRACTOR shall notify Customers and Occupants as set forth under item L4b(4) of this Exhibit. d. Instructional During the Term, upon Director request, CONTRACTOR shall hold up to ten community meetings in English and upon Director request, in Spanish, to explain Contract Services to Customers and Occupants in the Service Area. Examples of topics include Organic Waste Diversion and Proper Recycling. Santa Clarita Valley Page 8 of 17 4. Written Notices and Outreach Materials a. No Longer Used b. Upon Start of Task 1 Services and Annually CONTRACTOR shall develop written educational materials and deliver them to Customers and Occupants. Historically this information was distributed using quarterly newsletters. To reach more people and reduce paper waste, it is desired to use new methodology such as postcards and take advantage of technology, such as smartphones. Customers and Occupants are to be given a choice of how they want to receive the information, through traditional quarterly newsletters or via monthly text or e-mail messages. In summary, outreach to all Occupants will be as follows: • Monthly postcards • Twice per year special announcement flyers • Three times during Term, magnets or similar CONTRACTOR shall give between two and three weeks of events, or other time, as requested by Director, advance notice of each announcement to Customers and Occupants, except as related to billing reminders, service interruptions, and Non -Collection Notices. Upon Director's request, CONTRACTOR shall use artwork, layout, or notices, provided by Director. Such educational materials include: (1) Articles Each month, CONTRACTOR shall develop a Bilingual article with color graphics containing information that encourages Recycling and to educate Customers and Occupants of Contract Services available under this CONTRACT. Director may provide sample articles. Topics include the following examples: • Placement of Carts including during heavy rains • Christmas Tree Collection instructions • Organic Waste and/or Green Waste • Bulky Items • Illegal dumping • Annual Curbside Cleanup Event Promotion • Cleaning Containers Santa Clarita Valley Page 9 of 17 • Commingling of Solid Wastes • 4 R's, reduce reuse Recycle rethink • Containers left in street or alley • Unpermitted Waste Disposal • New Solid Waste laws • Articles specific to Service Area such as bear Carts, palm fronds, or Manure • Other articles upon the request of Director (2) Special Announcements CONTRACTOR shall develop and deliver, as set forth in item L4b(4) of this Exhibit, Bilingual outreach Notices to Customers and Occupants on various events, upon receiving approval from Director. Announcements include: • Household Hazardous Waste Collection Events • Annual Curbside Cleanup Event schedule • Compost/Mulch Giveaway Event • Smart Gardening Workshops • Holiday Collection schedule • Billing reminders, upon Customer request* • Service interruptions* • Non -Collection Notice* • Sharps pickup • Container removal Notice • Organic Waste/Food Waste Diversion • Other Notices upon the request of Director * These are limited to text, e-mail, or notices left on Containers and are not applicable to direct mailings. (a) Flyers - Text/Email or Direct Mail CONTRACTOR shall send to each Occupant and Customer up to twice per Contract Year. (b) Magnets Within 6 months of execution of this AMENDMENT and up to 2 additional times during CONTRACT Term, CONTRACTOR shall send "refrigerator" magnets or similarly priced promotional items, as approved by Director, to each Occupant and Customer. Santa Clarita Valley Page 10 of 17 (3) Distribution The articles and announcements will be disseminated in the following ways, as requested by Customers and Occupants: (a) Direct Mail (Monthly Postcards) CONTRACTOR shall develop one -page (opposite side for an alternate language, if required by Director) postcards in color containing information upon receiving approval from COUNTY, CONTRACTOR shall deliver these postcards to Customers and Occupants each month. Postcards shall be available in electronic format such as PDF. CONTRACTOR shall make postcards up to 8.5-inch by 11-inches sized cardstock paper. Director may provide sample postcards. CONTRACTOR may use smaller postcards to allow insertion in quarterly bills. While Director intends to use postcards, Director reserves the right to change to quarterly newsletters. If requested by Director, CONTRACTOR shall develop one -page (additional page(s) for Spanish, if required by Director) newsletters in color containing information upon receiving approval from COUNTY, CONTRACTOR shall deliver these newsletters to Customers and Occupants four times each Contract Year. Newsletters shall be available in electronic format such as PDF. CONTRACTOR shall make newsletters for 8.5-inch by 11-inches or 8.5-inch by 14-inch sized paper, whichever is appropriate, as requested by Director. Once per year, Director may request a second English page be added to newsletter. (b) E-mail/Text Messages. CONTRACTOR shall send brief electronic messages containing links to full articles, upcoming events, and/or postcards for Customers and Occupants who request them. For example, in late December send a text worded, "Have a Christmas Tree to get rid of? Click here.", with a link to an article about Christmas Trees. When there is an HHW Collection Event nearby, send a text worded, "Leftover household chemicals, paint, or used oil to get rid of? Click here." Messages shall be sent approximately monthly plus special announcements as necessary. (c) Notices on Containers CONTRACTOR shall attach notices on Containers related to billing reminders (prior to Container removal), contamination, Santa Clarita Valley Page 11 of 17 improper storage, and non -collection. (4) Delivery of Written Materials to Customers and Occupants CONTRACTOR shall deliver general materials (such as Notices and newsletters) to Customers and Occupants by any or all the following means approved by Director: • U.S. Postal Service, first-class unless otherwise approved by Director; • Door-to-door delivery service; • Insert in monthly Customer bills*; • Electronic mail (E-mail)*; • Text messages*; • Other means approved by Director * These methods individually are not adequate. CONTRACTOR shall include Director in their mailing list and ensure that general materials are sent to Director the same time they are sent out to the Customers and Occupants. CONTRACTOR shall submit proof of mailing within 7 days of mailing. (5) Social Media CONTRACTOR shall reach out to Customers and Occupants and make information available regarding Contract Services by current social media and the following means approved by Director, such as: Facebook, Twitter, Instagram, and NextDoor. 5. Additional Outreach CONTRACTOR shall visit in -person, call, send an e-mail or text, or other means to inform a Customer or Occupant of services or issues, as requested by Director. For example, CONTRACTOR shall speak to an Occupant that contaminates a Container or frequently leaves a Bulky Item at the Set -Out Site without calling to request Collection. 6. Bilingual Correspondence CONTRACTOR shall develop all written materials in both English and Spanish, if required by Director. Additionally, CONTRACTOR shall develop materials in additional languages, include a notice in the applicable language where the information is available, and make the information available online as required in Section 18985.1(e) of SB 1383. Santa Clarita Valley Page 12 of 17 EIGHTH: Item P. Organics in Exhibit 3A1 on page 28 is deleted in its entirety and is replaced with the following: P. Food Waste 1. Food Waste Collection This CONTRACT does not allow the Collection of Food Waste and other Organic Waste as part of the Refuse, without Director approval. This topic is further discussed under Diversion in item C3 of this Exhibit. 2. Food Waste Container a. Kitchen Pail for Each Occupant To encourage Occupant's participation in diverting Organic Waste from landfills, CONTRACTOR is to provide an in -home container that is attractive enough to place on a kitchen counter and small enough to place in a typical dishwasher. It is anticipated that Occupants would use the container to regularly transfer food waste from their kitchen to the Green Waste Container and eliminate the need for a plastic bag. Upon delivery, containers become the property of the Occupant and any missing or damaged containers are the responsibility of the Occupant and not CONTRACTOR. CONTRACTOR must provide evidence of delivery to Director. With 3 months after execution of this AMENDMENT or later if Director requests, CONTRACTOR shall provide each existing Occupant a container intended for Food Waste in the home, prior to the start of their service. The container shall be similar in design to ones available at sure-close.com (Director does not endorse this brand) and meet the following criteria: • Dishwasher Safe; • Lid, removable and prevents odors; • Handle; • Approximately 2 gallons in volume, • Any logo or other graphics must be approved by Director; • HDPE Plastic, recycled content; and b. 32-Gallon Cart Occupants that do not store their Green Waste Containers near their homes may want a 32-gallon Cart to keep nearby but roll it to the curb on service day. As part of the standard Containers in item D1 of Exhibit 3A1, CONTRACTOR shall make available a second Green Waste Container Santa Clarita Valley Page 13 of 17 while reducing their 96-gallon Cart to 64-gallons. Alternatively, a Food Waste Container may be offered with Director approval. This Container could be serviced by either a Green Waste Collection Vehicle or a dedicated Food Waste Collection Vehicle. NINTH: Item E in Exhibit 7 Contract Services (Adjustment of Service Fees) on pages 246 to 248 is deleted in its entirety and replaced with the following: E. Service Fee Adjustment for Changes in Refuse Disposal, Organic Waste Diversion, and Manure Diversion Facility Fees The Disposal and Diversion Components of Net Service Fees will be adjusted for any change in Refuse Disposal, Organic Waste Diversion, and Manure Diversion tipping fees charged CONTRACTOR by the Solid Waste Facility designated by CONTRACTOR in CONTRACTOR Documentation in item B17 of Exhibit 17. Prior to any change in designated facilities or within 30 days of CONTRACTOR being notified of the change in rates at a designated facility, CONTRACTOR must provide Notification to Director for consent of change. Failure to receive approval from Director will result in rate adjustments being calculated based on the less expensive of the existing and previous facility. Director may conditionally approve changing the Solid Waste Facilities to a more expensive facility by not allowing the increased cost to be passed down to the Customer. CONTRACTOR is to notify Director of any rate changes at facilities within 30 days of CONTRACTOR being notified of the change in rates at the approved facility. Failure to notify Director will impact how rate adjustments are calculated. Director will only use rates that have been sent to Director. For example, if a facility raises it rates from $60 per ton to $65 per ton on March 1, but CONTRACTOR Notified Director on July 1 Director will use the $60 per ton for January 1 through June 30 for the rate adjustment calculations. The $65 rate will be used for July 1 through December 30. The expectation is that if CONTRACTOR was awarded this CONTRACT based on a bid price for a certain facility, that facility or a less expensive one is to be continued to be used for the term of CONTRACT. CONTRACTOR can petition Director for a change to a more expensive facility for unusual circumstances, such as a facility closure or significant environmental benefit. The annual cost is the difference of: • Average monthly fee during the current Calendar Year multiplied by the actual tons reported (see Item Al of Section 10) for that year, and • Average monthly fee during the prior Calendar Year multiplied by the actual tons reported (see Item Al of Section 10) for that year. Santa Clarita Valley Page 14 of 17 The above annual cost is divided by the number of Customers on March 1 of the current year and then divided by 12 months to determine the monthly component for Refuse Disposal, Organic Waste Diversion, and Manure Diversion. 1. Facilities Open to Public The Refuse Disposal, Organic Waste Diversion, and Manure Diversion components of the Service Fees will be adjusted by the percent change, if any, between the monthly average fee for the year for Refuse Disposal, Organic Waste Diversion, and Manure Diversion for the previous two years. 2. Facilities Not Open to Public The Refuse Disposal, Organic Waste Diversion, and Manure Diversion components of the Service Fees will be adjusted by the percent change, if any, between the monthly average fee for Refuse Disposal, Organic Waste Diversion, and Manure Diversion for the previous two years. CONTRACTOR must substantiate to the satisfaction of Director changes in tipping fees CONTRACTOR is paying at the Solid Waste Facility by submitting before March 1, monthly invoices from the Solid Waste Facility, showing the total Tons and rate paid for Disposal/Diversion. • If CONTRACTOR owns the Solid Waste Facility, it must show the posted gate rate paid by the public that has no financial agreement with CONTRACTOR, by contract or letter -of -agreement, unless there is no posted gate rate. • If CONTRACTOR owns the Solid Waste Facility but has no posted gate rate, CONTRACTOR must substantiate changes in tipping fees by submitting other documentation acceptable to Director. For example, CONTRACTOR may own the Solid Waste Facility it designated for Disposal and consequently internalize Disposal costs at the Solid Waste Facility. The costs must be adequately explained. If CONTRACTOR does not substantiate to the satisfaction of Director that CONTRACTOR is experiencing that change in tipping fees, the Disposal/Diversion Component will not be adjusted. 3. Transfer (Trans) Loading Plus Disposal/Diversion Elsewhere The Refuse Disposal, Organic Waste Diversion, and Manure Diversion components of the Service Fees will be adjusted by the percent change, if any, between the monthly average cost for Refuse, Organic Waste, and Manure Transferring, transporting, and Disposal/Diversion for the previous two years. CONTRACTOR must substantiate to the satisfaction of Director fees CONTRACTOR is paying by submitting before March 1, invoices from the facility, showing the total Tons and rate paid for Transfer loading, expenses for transporting to another facility, Santa Clarita Valley Page 15 of 17 Disposal/Diversion at another facility, and any other documentation to support expenses. If CONTRACTOR does not substantiate to the satisfaction of Director that CONTRACTOR is experiencing that change in tipping fees, the Disposal/Diversion Component will not be adjusted. TENTH: S17 of Exhibit 12D2 Liquidated Damages on page 56 of AMENDMENT 3 is deleted and replaced with the following: S17 For each failure to Collect Abandoned Waste on the Service $100 per day Day or within 2 Service Days of Director request, in accordance with item Al c of Exhibit 3A2. ELEVENTH: This AMENDMENT 4 will take effect upon execution by both parties. TWELFTH: DIRECTOR shall have the final word in clarifying any reference discrepancies, such as when AMENDMENT refers to the incorrect part, section, or item in the agreement, and THIRTEENTH: Except as modified by this AMENDMENT 4, all other terms, conditions, requirements, and specifications of this Contract shall remain in full force and effect. Santa Clarita Valley Page 16 of 17 IN WITNESS WHEREOF, the COUNTY has, by order of its Board of Supervisors, caused these presents to be subscribed by the Director of Public Works, and the CONTRACTOR has subscribed its name by and through its duly authorized officers, as of the day, month, and year first written above. APPROVED AS TO FORM: DAWYN P. HARRISON Acting CoLlnty Counsel By Ira Deputy Talin Halabi Type or Print dame COUNTY OF LOS ANGELE By �3'- 1?6ector of 06bljoVorks INDUSTRIES, INC. Cole Burr Type or Print Name 7 By /—] I '6�— Its Secretary Tracy A. Burr Type or Print Name P_laepub%Semce Contracts4CONTRACTtiDiNuid1FR ANCHISE - RESIDENTIAL12022 nendtnentst.Santa Clarita AmLl ndrnpnl 4 08012022 Contract 3429 Final 7.1�_22 kewr5®cd.dprx S@nta Clarita Valley Page 17 of 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r'w-i`,r:c`.rPr:ri:Y"'.!`;r=i`,r-r",r-r".r-`S`�f-i`,r-.".r�rt`.r�Ce-i:=.+.r_t",r-i A notary public ur other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On J my ?0, 2022 before me, PJ Black Date Mere Insert Name and Title of the Officer personally appeared Cole Burr & Tracy Burr Name(s) ofSigner(s) - who proved to me on the basis of satisfactory evidence to be the persorn(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWherftheir authorized capacity(ies), and that by hislherltheir signatures) on the instrument the person(s), or the entity upon behalf of which the ;person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. °. P. J. BLACK Notary Public - Riverside County # €dmrnkskan 12305741E Signature _ myComm_ Expkr€s Sep 17, 2023 S'ig17&tore rJf Nr d PtrbiiC Place Notary Seal Move OPTIONAL Though this section is optional, completing this enformation can dieter alteration of the document or fraudulent reattachment of thi.5 form to an unintended document. Description of Attached Document Title or Type of Document: Ammendt-rle nt 4 to Contract No. 003429 Do -current mate: 7/2012022 Number of Pages: 17 Signer(s) Other Than Named Above:: apacity(les) Claimed by Signer(s) Signer's flame: Cole Burr Signer's Name: Tracy Burr Corporate Officer — Title(s}: President X Corporate Officer — Title— Titles): Secs ❑ Partner — FI Limited [ I General ❑ Partner — G Limited - General ❑ Individual I7 Attomey in Fact n individual : 1 Attorney in Fact ❑ Trustee 0 Guardian or Conservator C Trustee ❑ Guardian or Conservator El Other: - Other, Signer Is Representing. Burrtec Waste Signer Is Representing: uritec Waste Industries -- Industries C2015 National Notary Association - www.NationalNotary.org - 1 -800-US NOTARY (1 -8 00-876-6827) ltem #5907 �DAJE •[ i�nn111 � �i it1Q {�'.;b4! �.i {���;' •,!l:i a� 3 ttt5vlF it -r aL �i: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 111 A notary public or other officer mmpleting this certificate verifies only iihe identity of the individual who signed the document to which this certifi;eate is attached, and not the truthfutne&s, accuracy, or validity of that document. State of California County of _ Riverside On July 20. 2022 before me, P.1 Rlnck Elate Here Insert blame and Tale of the Officer personally appeared Cote Burr & Tracy Burr Name(s) of Signers) who Proved to me on the basis of satisfactory evidence to be the pers€ ri(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)r or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my P_ J. BLACK WITNESS my hand and official seal. Nottary pubbe • california Riverside County Commission .x2305749 Signature Comm_ Expires Sep 17, 2023 Signature of Notary Public Place Notary Seal ,above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this foram to an unintended document. Description of Attached Document Title or Type of Document_ Amrnendment 4 to Contract No. 003429 Document Cate: 7/20/2022 Number of Pages: Signer(s) Other Than Blamed Above: Capacity(ies) Claimed by Signer(s) .Signer's Name: Cole Burr Signer's Name: Traci Burr Corporate Officer — Title(s): President X Corporate Officer — Title(s). Secretary ❑ Partner — E: Limited ❑ General ❑ Partner — L Limited ❑ general ❑ Individual U Attorney in Fact la Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other, ❑ Other: Signer Is Representing. Burrtec Waste Signer Is Representing' Burrtec Waste Industries Industries 02,015 National Notary Association • www,NationalNotary_org • 1-8M-US NOTARY (1-8DD-876-6827) Item #59s07 EXHIBIT 2 (Annexed Area Map) ._.._.._.._.. ,, .. i 1 1 1 1 1 yr � 6 1� I i • 1 •'•�"sy MK � 1 �r 1,. f r it Tesoro del Valle � Annexation Boundary '''^, �" r•� Vicinity Map T►xoro dad Val* B wn&ry e pmpody Parc►IOuoeaa +an. o�, c.wg,ex+t. ► r. 1 pwc**r aComer of L"N%w Gay of Santr " War ms~ Cianta Boundary my Cev Cr Soft w r 7 1�11 cey of Santa onan.r Loft . r+ ' f - I Cianta Sph► a of a # airy � IM%1►flC► O POOR{'11CO1♦baG7rfa.�9•.- +f 0