HomeMy WebLinkAbout2024-11-12 - RESOLUTIONS - AMEND AGMT BURTEC WASTERESOLUTION 24-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, APPROVING THE FIRST AMENDMENT OF
THE AGREEMENT FOR THE PROVISION OF GARBAGE, RECYCLABLE MATERIALS
AND ORGANIC WASTE COLLECTION SERVICES BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC.,
FOR SOLID WASTE COLLECTION SERVICES
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 July 1, 2023, the City and Burrtec Waste Industries, Inc. (Burrtec),
entered into that certain "Agreement for the Provision of Garbage, Recyclable Materials and
_. Organic Waste Collection Services Between the City of Santa Clarita and Burrtec Waste
Industries, Inc., for Solid Waste Collection Services" (Agreement); and
WHEREAS, the City and Burrtec desire to amend the Agreement by making minor
adjustments to contract language as outlined in Section 30.01 of the Agreement; and
WHEREAS, pursuant to Section 6.04 of the Agreement, Burrtec is entitled to pursue
an annual adjustment to its maximum rates for the rate year commencing on January 1, 2025;
and
WHEREAS, the City and Burrtec desire to amend the Agreement by increasing the
maximum rates as outlined in Sections 6.04 and 6.05 of the Agreement Between the City of
Santa Clarita and Burrtec Waste Industries, Inc.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. The "First Amendment of the Agreement for the Provision of Garbage,
Recyclable Materials and Organic Waste Collection Services Between the City of Santa Clarita
and Burrtec Waste Industries, Inc., for Solid Waste Collection Services" (First Amendment), a
copy of which is attached hereto is hereby approved. The City Manager is authorized to execute
the First Amendment on behalf of the City.
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 121h day of November, 2024.
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 24-70 was duly adopted by the City Council of the City of Santa Clarita at
a regular meeting thereof, held on the 121h day of November, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Gibbs, Weste, McLean, Miranda, Smyth
None
None
2
CITY CLERK
FIRST AMENDMENT OF THE AGREEMENT FOR THE PROVISION OF GARBAGE,
RECYCLABLE MATERIALS AND ORGANIC WASTE COLLECTION SERVICES
BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES,
INC. FOR SOLID WASTE COLLECTION SERVICES
This FIRST AMENDMENT OF THE AGREEMENT FOR THE PROVISION OF
GARBAGE, RECYCLABLE MATERIALS AND ORGANIC WASTE COLLECTION
SERVICES BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE
INDUSTRIES, INC. FOR SOLID WASTE COLLECTION SERVICES, (First Amendment)
is entered into this day of 2024, between the City of Santa Clarita (City),
California, a California municipal corporation and Burrtec Waste Industries Inc. (Burrtec), a
California corporation, to amend that certain "Agreement for the Provision of Garbage,
Recyclable Materials and Organic Waste Services Between the City of Santa Clarita and
Burrtec Waste Industries, Inc., for Solid Waste Collection Services."
WHEREAS, the 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 July 1, 2023, the City and Burrtec Waste Industries, Inc. (Burrtec),
entered into that certain "Agreement for the Provision of Garbage, Recyclable Materials and
Organic Waste Collection Services Between the City of Santa Clarita and Burrtec Waste
Industries, Inc., for Solid Waste Collection Services;" (the Agreement); and
WHEREAS, the City and Burrtec desire to amend the Agreement by making minor
adjustments to contract language as outlined in Section 30.01 of the Agreement; and
WHEREAS, pursuant to Section 6.04 of the Agreement, Burrtec is entitled to pursue
an annual adjustment to its maximum rates for the rate year commencing on January 1, 2025;
and
WHEREAS, the City and Burrtec desire to amend the Agreement by increasing the
maximum rates as outlined in Sections 6.04 and 6.05 of the Agreement Between the City of
Santa Clarita and Burrtec Waste Industries, Inc.
NOW, THEREFORE, the City and Burrtec in consideration of their mutual promises,
'— amend the Agreement as indicated in the redline copy of the Agreement and Maximum Service
Rates as set forth in Exhibit 1. All other provisions of the Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Kenneth W. Striplin
City Manager
ATTEST:
Mary Cusick
City Clerk
APPROVED AS TO FORM: _
Joseph Montes
City Attorney
2
BURRTEC WASTE INDUSTRIES, INC.
BY:
(CEO, President, Chairman of the Board or any Vice
President)
And By:
(The Secretary, any assistant secretary, CFO
or any assistant treasurer)
State of California )
County of )
On before me,
Date Here Insert Name and Title of the Officer
Place Notary Seal Above
Name(s) of Signer(s)
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 he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/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.
WITNESS my hand and official seal
Signature
Signature of Notary Public
3
AMENDED AND RESTATED
AGREEMENT
FOR THE PROVISION OF
GARBAGE, RECYCLABLE MATERIALS AND ORGANIC WASTE
COLLECTION SERVICES
Executed Between the
City of Santa Clarita and Burrtec Waste Industries Inc.
Amended
November 12, 2024
4
TABLE OF CONTENTS
Collection Services Agreement
Article1. Definitions...............................................................................................................10
Article 2. Term of Agreement.................................................................................................22
Article 3. Conditions Governing Services Provided by Contractor..........................................23
Article 4. Franchise Fees and Payments...............................................................................24
Article 5. General Requirements............................................................................................26
Article 6. Collection Service Rates.........................................................................................32
Article 7. Collection Service Billing........................................................................................37
Article 8. Diversion Requirements.........................................................................................38
Article 9. Service Unit Types.................................................................................................41
Article 10. Residential Service...............................................................................................37
Article11. MFD Service.........................................................................................................49
Article 12. Commercial Service.............................................................................................56
Article 13. Mixed Use Dwelling Service (MXD)......................................................................63
Article14. City Services......................................................................................................638
Article 15. Additional Services...............................................................................................65
Article 16. Collection Routes.................................................................................................66
Article 17. Minimum Performance and Diversion Standards..................................................67
Article 18. Collection Equipment............................................................................................69
Article 19. Contractor's Office................................................................................................73
Article 20. Contractor Support Services.................................................................................74
Article 21. Emergency Service..............................................................................................78
5
Article 22. Record Keeping and Reporting Requirements......................................................79
Article 23. Nondiscrimination.................................................................................................84
Article 24. Service Inquiries and Complaints..........................................................................84
Article 25. Quality of Performance of Contractor....................................................................85
Article26. Performance Bond................................................................................................87
Article27. Insurance..............................................................................................................87
Article 28. Hold Harmless and Indemnification......................................................................90
Article 29. Default of Agreement............................................................................................93
Article 30. Modifications to the Agreement............................................................................95
Article 31. Legal Representation............................................................................................97
Article 32. Conflict of Interest.................................................................................................97
Article 33. Contractor's Personnel.........................................................................................97
Article34. Exempt Waste......................................................................................................99
Article 35. Independent Contractor........................................................................................99
Article36. Laws to Govern....................................................................................................99
Article 37. Consent to Jurisdiction.........................................................................................99
Article38. Assignment.........................................................................................................100
Article 39. Compliance with Laws........................................................................................100
Article 40. Permits and Licenses.........................................................................................100
Article 41. Ownership of Written Materials...........................................................................101
Article42. Waiver................................................................................................................101
Article 43. Prohibition Against Gifts.....................................................................................101
Article 44. Point of Contact..................................................................................................101
6
Article45. Notices...............................................................................................................101
Article 46. Transition to Next Contractor..............................................................................102
Article 47. Contractor's Records..........................................................................................102
Article 48. Entire Agreement................................................................................................103
Article49. Severability.........................................................................................................104
Article 50. Right to Require Performance............................................................................104
Article 51. All Prior Agreements Superseded.......................................................................104
Article52. Headings............................................................................................................104
Article53. Exhibits...............................................................................................................104
Article54. Attorney's Fees...................................................................................................104
Article55. Effective Date.....................................................................................................105
Exhibit 1 City Approved Service Rates...............................................................................100
Exhibit 2 City Sponsored Events........................................................................................111
Exhibit 3 List of City Properties and Current Service Levels...............................................112
Exhibit 4 Collection Container Specifications......................................................................117
Exhibit5 Transition Plan.....................................................................................................119
Exhibit 6 Administrative Charges and Penalties.................................................................133
Exhibit 7 Customer Service Plan........................................................................................135
Exhibit 8 Collection Service Operations Plan......................................................................143
Exhibit 9 City -Approved Processing and Disposal Facilities...............................................187
Exhibit 10 Sustainability and Compliance Plan...................................................................188
Exhibit 11 Outreach and Education Plan............................................................................213
Exhibit 12 Acceptable Recyclable Materials....................................................................... 223
7
1
J
Contractor shall commence performance of its Collection Service obligations under this agreement
on July 1, 2023 ("Commencement Date"), Agreement is between the City of Santa Clarita, a general law
city of the State of California, referred to as "City" and Burrtec Waste Industries Inc corporation referred to
as "Contractor".
The Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989 (the "Act") and subsequent additions and amendments (codified at California
Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and
require local agencies to make adequate provisions for garbage collection within their jurisdiction.
The State of California has found and declared that the amount of garbage generated in California,
coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the
need to conserve natural resources, have created an urgent need for State and local agencies to enact and
implement an aggressive integrated waste management program. The State has, through enactment of the
Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and
to maximize the use of feasible garbage reduction, re -use, recycling, and composting options in order to
reduce the amount of garbage that must be disposed of in disposal sites.
Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be
amended from time to time, City has determined that the public health, safety, and well-being require that
an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable
materials, and organic waste materials, except for collection of materials excluded in City's Municipal Code,
and other services related to meeting the Act's 50 percent diversion goal and other requirements of the Act.
City further declares its intent to regulate and set the maximum rates Contractor may charge Service
Recipients for the collection, transportation, processing, recycling, composting, and/or disposal of garbage,
recyclable materials, and organic waste materials.
The City Council has determined that Contractor, by demonstrated experience, reputation and
capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste
materials within the corporate limits of City, the transportation of such material to appropriate places for
processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to
perform such services on the basis set forth in this Agreement; and,
Contractor has represented that it has the ability and capacity to provide for the collection of garbage,
recyclable materials, and organic waste materials within the corporate limits of City; the transportation of
such material to appropriate places for processing, recycling, composting and/or disposal; and the
processing of materials.
The Parties agree that solid waste Collection Services shall be provided pursuant to this Agreement
as of 12:00 a.m. July 1, 2023 ("Effective Date") at which time this Agreement shall be controlling.
Now, therefore, in consideration of the mutual covenants, agreements and consideration contained
in this Agreement, City and Contractor agree as follows:
9
Article 1. Definitions
For the purpose of this Collection Services Agreement, referred to as "Agreement', the definitions contained
in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used
in the present tense include the future, words in the plural include the singular, and words in the singular
include the plural. Use of the masculine gender includes the feminine gender. The meaning of terms or
words not defined in this Article will be as commonly understood in the solid waste collection services
industry when the common understanding is uncertain.
1.01 AB 341. "AB 341" means State of California Assembly Bill No. 341 approved October 5,
2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than
4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to
arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling
program.
1.02 AB 827. "AB 827" means State of California Assembly Bill No. 827 approved October 02,
2019. AB 827 requires businesses that are mandated to recycle under AB 341 ("MCR") and/or mandated to
recycle organics under AB 1826 ("MOR") or SB 1383 and that provide customers access to the business, to
provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible,
easily accessible, and adjacent to each bin or container for trash.
1.03 AB 939. "AB 939" or "The Act' means "The California Integrated Waste Management Act
of 1989" codified in part in Public Resources Code §§ 40000 et seq, and such regulations adopted by.
California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or
its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016
(Chapter 343, Statues of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling
Resources Code § 40000 and following as it may be amended and as implemented by the regulations of
CalRecycle.
1.04 AB 1594. "AB 1594" means State of California Assembly Bill No. 1594 approved
September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative
Daily Cover does not constitute diversion through recycling and would be considered disposal.
1.05 AB 1669. "AB 1669" means State of California Assembly Bill No. 1669 approved
September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the
hiring of displaced employees under service contracts for the collection and transportation of solid waste.
1.06 AB 1826. "AB 1826" means State of California Assembly Bill No. 1826 approved
September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an
organic waste recycling program to divert from the landfill organic waste from businesses. Each business
meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January
1, 2020, is required to arrange for organic waste recycling services. _
10
1.07 AB 3036. "AB 3036" means State of California Assembly Bill No. 3036 approved
September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting
the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise,
contract, license, or permit.
1.08 Agreement. "Agreement" means the written agreement between the City and the
Contractor covering the work to be performed and all contract documents attached to the agreement and
made a part thereof.
1.09 Agreement Administrator. The City Manager, or his or her designee, designated to
administer and monitor the provisions of the Agreement.
1.10 Agreement Year. Agreement year means each twelve (12) month period from July 1st to
June 30th during the term of this Agreement.
1.11 Applicable Law. "Applicable Law" means all laws, regulations, rules, orders, judgments,
decrees, permits, approvals, or other requirement of any federal, state, county, city, and local governmental
agency having jurisdiction over the collection and disposition of Solid Waste, including Recyclable Materials,
Organic Waste, and Construction and Demolition Debris.
1.12 Best Management Practice. Best Management Practice means the schedule of activities,
prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to
the maximum extent that is technologically and economically feasible, the discharge of pollutants in the
storm drain system.
1.13 Bin. "Bin" means a metal or plastic waste container designed or intended to be
mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to
six (6) cubic yards of material with the lid properly closed. The specifications for Contractor -provided Bins
are set forth in Exhibit 4.
1.14 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably
be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical
clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human
and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps,
contaminated clothing and surgical gloves.
1.15 Brown Goods. Electronic equipment such as stereos, televisions, computers, VCR's and
other similar items collected from SFD Service Units.
1.16 Bulky Waste. "Bulky Waste" or "Large Items" has the same meaning as defined in Section
15.44.010 of the Municipal Code. "Bulky Waste" means Solid Waste consisting of discarded white goods,
furniture, tires, carpets, mattresses, and similar large items which do not fit in a regular Collection Container
and require special handling due to their size but can be collected and transported without the assistance of
11
special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not
include abandoned automobiles and other vehicles, nor does it include items defined as Exempt Waste.
5.03.
1.17 Business Day. Any Monday through Friday, excluding any holidays as defined in Section
1.18 Calendar Year. Each twelve (12) month period from January 1 to December 31.
1.19 Cart. "Cart" means a heavy plastic receptacle with a rated capacity of at least twenty (20)
and not more than one hundred (100) gallons, having a hinged tight -fitting lid and wheels, that is provided
by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients
for collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises
in connection with Exclusive Franchise Collection Services. The specifications for Contractor -provided Carts
are set forth in Exhibit 4.
1.20 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act
of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated
thereunder.
1.21 Change in Law. means the occurrence of any of the following events after the Effective
Date, when such event has a material and adverse effect on the Parties' performance of their respective
obligations under this Agreement (except for any payment obligations): (i) the enactment, adoption,
promulgation, amendment, repeal, judicial interpretation, or formal administrative interpretation of any
Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local court or agency in a
proceeding to which a Party is a party, but not to the extent such order or judgment finds the Party asserting
there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) the denial,
suspension, or termination of any government permit or other entitlement, but not to the extent such denial,
suspension, or termination is the result of any act or omission of the Party asserting there to have been a
Change in Law.
1.22 City. The City of Santa Clarita, California, including any unincorporated areas of the County
that may be annexed by the City during the Initial Term and all extensions.
1.23 City Collection Service. City Garbage Collection Service, City Organic Waste Collection
Service, City Recycling Service, City Clean-up Services, City -Sponsored Events Services, and Large Item
Collection Services.
A. City Clean-up Services. On -call City requested Collection from Agreement
Administrator to support City services and operations.
B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from
City Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility.
C. City Large Item Collection Service. The periodic on -call Collection of Large Items,
by Contractor, from City Service Units in the Service Area and the delivery of those Large Items to a Disposal
12
Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of this
Agreement.
D. City Organic Waste Collection Service. The Collection of Organic Waste, by
Contractor, from City Service Units in the Service Area, the delivery of those Organic Waste materials to an
Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, and
the disposal of all City Organic Waste Processing Residue.
E. City Recycling Service. The Collection of Recyclables Materials by the Contractor
from City Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials
Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all
City Recyclables Materials Processing Residue.
F. City Sponsored Event Services. On -call Collection Services at City -Sponsored
Events.
1.24 City Facility. City Facility(ies) means any building or other site that the City owns, leases,
or occupies that are listed in Exhibit 3.
1.25 City Manager. City Manager means the City Manager of the City of Santa Clarita, or his or
her designated representative, or any employee of the City who succeeds to the duties and responsibilities
of the City Manager.
1.26 Collect and Collection and Collected. The removal of Solid Waste from a Service Unit and
transportation to a Disposal Facility, Organic Waste Processing Facility, Materials Recycling (or Recovery)
Facility, or Transfer Station as appropriate.
1.27 Collection Container. A Bin, Cart, or Roll -Off Container that is approved by the Agreement
Administrator for use by Service Recipients for Collection Services under this Agreement.
1.28 Collection Services. Contractor's obligations under this Agreement to Collect Solid Waste
within the Service Area. Collection Service includes Residential Collection Service, Commercial Collection
Service, and City Collection Service.
1.29 Collection Vehicle. A licensed vehicle that has all required licenses to provide Collection
Service and that has been approved by the Agreement Administrator for use under this Agreement.
1.30 Commencement Date. Has the meaning specified in Section 2.01 of this Agreement.
1.31 Commercial Collection Service. Collection Service provided to Commercial Service Units.
Commercial Collection Service includes Commercial Garbage Collection Service, Commercial Organic
Waste Collection Service, and Commercial Recycling Collection Service. Commercial Collection Service
specifically includes the following:
A.Commercial Garbage Collection Service. The Collection of Garbage by Contractor, from
Commercial Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility.
13
B. Commercial Organic Waste Collection Service The Collection of Organic Waste,
by Contractor, from Commercial Service Units in the Service Area, the delivery of those Organic Waste
materials to an Organic Waste Processing Facility and the processing and marketing of those Organic
Waste materials, and the disposal of all Commercial Organic Waste Processing Residue.
C. Commercial Recycling Collection Service. The Collection of Recyclable Materials,
by Contractor, from Commercial Service Units in the Service Area, the delivery of those Recyclable
Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials,
and the disposal of all Commercial Recyclable Materials Processing Residue.
1.32 Compactor. Any Collection Container which has a compaction mechanism, whether
stationary or mobile.
1.33 Compost. "Compost' means the act or product of the controlled biological decomposition
of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also
include the product of anaerobic digestion or other conversion technologies.
1.34 Construction and Demolition Debris. "Construction and Demolition Debris" or "C & D" refers
to by Section 15.44.010 of the Municipal Code. "Construction and Demolition Debris means discarded
materials removed from premises, resulting from construction, renovation, remodeling, repair,
deconstruction, or demolition operations on any pavement, house, commercial building, or other structure
or from landscaping. Such materials include but are not limited to "inert wastes" as defined in Public
Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt),
gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry,
trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building
materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition
operations on pavements, houses, commercial buildings, and other structures.
1.35 Consumer Price Index (CPI-U). The index sets published by the Unites States Department
of Labor, Bureau of Labor Statistics. Consumer Price Index series CUURS49ASAO All Urban Consumers
(CPI-U), Los Angeles -Long Beach -Anaheim, not seasonally adjusted.
1.36 Contaminant. Any material or substance placed into or found in a Collection Container
other than the type of Source Separated material for which that Collection Container is intended or reserved.
For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a
Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a Contaminant if
placed into or found in an Organic Waste Collection Container.
1.37 Contractor. Burrtec Waste Industries Inc, which has entered into this Agreement.
1.38 County. Los Angeles County, California.
14
1.39 Dispose or Disposal. "Disposal' or "Dispose" means the final disposition of Solid Waste at
a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources
Code 40192(b).
1.40 Disposal Facility. "Disposal Facility" means the place or places listed in Exhibit 9 as
City -approved locations for the Disposal of Garbage or other materials as appropriate and acceptable.
1.41 Diversion or Divert. The programs and activities that reduce or eliminate the Disposal of
Solid Waste in landfills, which can include source reduction, reuse, salvage, Recycling, and Composting.
1.42 Dwelling Unit. A building or part of a building designed for residential use by a single
independent housekeeping unit and having separate exterior access, toilet, and facilities for cooking and
sleeping.
1.43 Edible Food. "Edible Food" has the same meaning as found in Section 15.44.010 of the
Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement,
Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or
authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food
Code.
1.44 Edible Food Recovery. "Edible Food Recovery" means the actions to collect and distribute
Edible Food and distributing it to local food recovery organizations from places where it would otherwise go
to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining
facilities.
1.45 Effective Date. "Effective Date of Agreement' shall mean the date on which the Agreement
is signed and delivered by the last of the parties to sign and deliver.
1.46 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Sludge,
automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead -acid
batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission.
1.47 Food Waste. "Food Waste" has the same meaning as set forth in Section 15.44.010 of the
Municipal Code. "Food Waste" means (1) food scraps including all edible or inedible food such as, but not
limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese,
coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source
Separated from other Food Scraps; and (2) food -soiled paper, which is compostable paper material that has
come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups,
napkins, and pizza boxes.
1.48 Franchised Diversion. Franchised Diversion means the rate of diversion that Contractor is
responsible to achieve as defined and calculated Section 8.01.3 of this Agreement.
15
1.49 Franchise Fee. The fee stated in Section 4.03.1 of this Agreement that Contractor has
voluntarily agreed to pay in consideration of the exclusive rights granted by the City under this Agreement.
1.50 Garbage. "Garbage" has the same meaning as set forth in Section 15.44.010 of the
Municipal Code. All putrescible and non-putrescible solid, semi -solid and associated liquid waste generated
or accumulated through the normal activities of a premises. Garbage does not include Recyclable Materials,
Organic Waste, or Large Items, that is source -separated and set out for purposes of collection and recycling.
1.51 Green Waste. "Green Waste" has the same meaning as set forth in Section 15.44.010 of
the Municipal Code. "Green Waste" means grass clippings, leaves, landscape and prunings waste, wood
materials from trees and shrubs, and other forms of organic materials generated from landscapes or
gardens.
1.52 Gross Revenue. All monetary amounts actually collected or received by Contractor for the
provision of Collection Services pursuant to this Agreement, including but not necessarily limited to: all
receipts from Service Recipients, inclusive of late charges, contamination charges and any other receipts
from Service Recipients. "Gross Revenue", for purposes of this Agreement, does not include any revenues
generated from the sale of Recyclable Material, Compost or energy, grants, cash awards, State of California
Department of Conservation payments, or rebates resulting from the performance of this Agreement.
1.53 Hazardous Waste. "Hazardous Waste" has the same meaning as set forth in Section
15.44.010 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of
Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as
may be amended from time to time.
1.54 Holiday. "Holiday" means New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, and any other day recognized by resolution of the City Council or
designated by Contractor as a day on which waste Collection Service will not be provided until the following
day, excluding Sunday.
1.55 Home Compost Bin. A portable durable container purchased by the Contractor, and
distributed to SFD or MFD/MXD Service Recipients as requested, and stored and distributed by the
Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to compost Organic
Waste at their premises.
1.56 Household Hazardous Waste. "Household Hazardous Waste" means that waste resulting
from products purchased by the general public for household use which, because of its quantity,
concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential
hazard to human health or the environment when improperly treated, disposed or otherwise managed, or,
in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any
of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations
Title 22, Division 4.5, Chapter 11, Section 66261.3.
16
1.57 Kitchen Food Waste Pail. A plastic receptacle with a rated capacity not exceeding two and
one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD Service Unit for temporary storage of
SFD Organic Waste that is approved for such purpose by City.
1.58 Limited Franchise Agreement. Formerly "Non-exclusive Franchise Agreement", a separate
agreement with the City which permits a contractor on a non-exclusive basis to provide for service to Collect
Solid Waste, Organic Waste, Construction and Demolition Debris, and/or Recyclable Materials on a
temporary basis.
1.59 Manure. Stable bedding and other waste matter normally accumulated and associated with
stables or in livestock.
1.60 Manure Collection Services. The periodic Collection of Manure by Contractor from Service
Units in the Service Area, the delivery of the Manure to a properly permitted facility that accepts Manure, the
processing and marketing of Manure.
1.61 Materials Recovery Facility. Materials Recovery Facility (MRF) means a facility listed in
Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for
separation into marketable Recyclable Materials.
1.62 Maximum Service Rate. The maximum amount that Contractor may charge Service
Recipients for Collection Services, as listed in Exhibit 1, and as may be adjusted in accordance with the
provisions of this Agreement.
1.63 Mixed Waste Processing Facility. Means a State -permitted commercial Solid Waste facility
listed in Exhibit 9 which accepts and processes Unicycling for diversion from landfill disposal. The City
reserves its Flow Control Rights over the Mixed Waste Processing Facility,
1.64 Multi -Family Dwelling (MFD) Collection Service. MFD Solid Waste Collection Service
serves a Multi -Family Dwelling, and specifically includes the following, MFD Garbage Collection Service,
MFD Large Item Collection Service, MFD Organic Waste Collection Service, and MFD Recycling Service:
A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from
MFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility.
B. MFD Large Item Collection Service. The periodic on -call Collection of Large Items,
by Contractor, from MFD Service Units in the Service Area and the delivery of those Large Items to a
Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of
this Agreement. MFD Large Item Collection Service may include the Collection of Large Items using Roll -
Off Containers.
C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by
Contractor, from MFD Service Units in the Service Area, the delivery of those Organic Waste materials to
an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials,
and the disposal of all MFD Organic Waste Processing Residue.
17
D. MFD Recycling Service. The Collection of Recyclables Materials by the Contractor
from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials
Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all
MFD Recyclables Materials Processing Residue.
1.65 Municipal Code. Code means the City of Santa Clarita Municipal Code.
1.66 Non -Collection Notice. A written notice approved by the Agreement Administrator that
notifies a Service Recipient of the reason Contractor did not Collect Solid Waste set out for Collection.
1.67 Organic Waste. "Organic Waste" has the same meaning as set forth in Section 15.44.010
of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food -soiled paper waste
that is mixed in with Food Waste.
1.68 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and
processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing
Residue.
1.69 Organic Waste Processing Facility. "Organic Waste Processing Facility" means any facility
designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green
Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility
for the Contractor to deliver Collected Organic Waste material under this Agreement.
1.70 Overage. Overage means Solid Waste set out for Collection either on top of or outside of
a Container or in any manner that prevents the Container lid from completely closing or potentially cause
Solid Waste to spill during Collection by Contractor's vehicles.
1.71 Premises. "Premises" means any land or building in the City where waste is generated or
accumulated.
1.72 Prohibited Container Contaminants. "Prohibited Container Contaminants" means any of
the following but does not include Organic Waste specifically allowed for Collection in a Container that is
required to be transported to a high diversion organic waste processing facility if the waste is specifically
identified as acceptable for Collection in that Container in a manner that complies with the requirements of
14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non -Organic Waste placed in a Collection Container
designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic
Wastes that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection
Container that is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1
or 18984.2; (C) Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to
14 CCR Section 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container
designated for Organic Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection
Container designated for Recyclable Materials shall be considered Prohibited Container Contaminants —'
when those wastes were specifically identified in this Agreement, or through local ordinance for Collection
18
in the Container designated for Organic Waste, or mutually agreed to and promulgated by the City and
Contractor. Paper products, printing and writing paper, wood and dry lumber may be considered acceptable
and not considered Prohibited Container Contaminants if they are placed in Collection Container designated
for Recyclable Materials; and (E) Exempt Waste placed in any Collection Container.
1.73 Quarter. A three-month period during a calendar year. The first Quarter is January through
March. The second Quarter is April through June. The third Quarter is July through September. The fourth
Quarter is October through December.
1.74 Rate Year. Rate Year means the period January 1st to December 31st, for each year during
the Term of this Agreement.
1.75 Recyclable Materials. "Recyclable Materials" has the same meaning as set forth in Section
15.44.010 of the Municipal Code and means those materials that are separated from Solid Waste prior to
disposal to be recycled consistent with the requirements of the Act. Recyclable Materials that can be placed
in the Recycling Container include but are not limited to, glass and plastic bottles, aluminum, tin and steel
cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as
determined by the Agreement Administrator.
1.76 Recycling. "Recycling" means the process of collecting, sorting, cleansing, treating and/or
marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic
mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality
standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste
not intended for, or capable of, reuse is not Recycling. "Recycling" does not include transformation as defined
in Public Resource Code Section 40201.
1.77 Residential Collection Service. "Residential Collection Service" means ongoing regularly
scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD
Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics
Processing Facility.
1.78 Residential Premises. "Residential Premises" means: (i) any building or structure, or
portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units;
and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager,
receives Solid Waste Collection services using standard residential Containers.
1.79 Residual or Residuals. "Residual" or "Residuals" means Solid Waste that is not Diverted
from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables
Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable
Materials or Organic Material that is processed for Diversion but lacks an available market.
1.80 Roll -Off Container. A metal container with a capacity of ten (10) or more cubic yards that
is normally loaded onto a specialized Collection vehicle and transported to an appropriate facility.
19
1.81 Santa Clarita Valley. "Santa Clarita Valley" shall include the unincorporated areas of North
Los Angeles County.
1.82 SB 1383. "SB 1383" means State of California Senate Bill 1383 Short-lived Climate
Pollutants: Organic Waste Reductions, approved September 19, 2016.
1.83 Self -Haul. Collection of Solid Waste by the resident, owner, or occupant of the Premises
on which the Solid Waste was generated pursuant to a City -issued permit and in accordance with the
requirements of the Municipal Code.
1.84 Service Area. That area within the city limits of the City of Santa Clarita designated by City
as the Service Area.
1.85 Service Recipient. An individual or entity receiving Collection Service.
1.86 Service Unit. "Service Unit" means a single subscriber to Contractor's Collection Services.
SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or Commercial Service Units.
Service Unit specifically includes the following:
A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll -Off Container(s)
for the accumulation and set -out of Solid Waste. City Service Units are the properties set forth in Exhibit 3
and may be modified by written notice to Contractor by the City.
B. Commercial Service Unit. All retail, professional, wholesale and industrial facilities,
and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin,
Cart, Compactor, Roll -Off Container for the accumulation and set -out of Commercial Solid Waste.
C. Multi -Family Dwelling and MFD Service Unit. "Multi -Family Dwelling" and "MFD"
shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof,
used for residential purposes having five or greater distinct living units.
D. MXD (Mixed -use Development) Service Unit. A mix of Commercial Service Units
and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection
Containers for the accumulation of and set out of Solid Waste.
E. SFD Service Unit. Any Single -Family Dwelling Unit in the Service Area utilizing a
Cart for the accumulation and set out of Solid Waste originating from SFD Residential Premises.
1.87 SFD Collection Service. SFD Garbage Collection Service, SFD Recycling Service, SFD
Organic Waste Collection Service, and SFD Large Item Collection Service.
A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from
SFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility.
B. SFD Large Item Collection Service. The periodic on -call Collection of Large Items, _
by Contractor, from SFD Service Units in the Service Area and the delivery of those Large Items to a
Disposal Facility, Materials Recovery Facility or other such facility as may be appropriate under the terms
20
of this Agreement. SFD Large Item Collection Service does not include the Collection of Large Items using
Roll -Off Containers.
C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by
Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to an
Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials,
and the disposal of all SFD Organic Waste Processing Residual.
D. SFD Recycling Service. The Collection of Recyclable Materials by the Contractor
from SFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials
Recovery Facility and the processing and marketing of those Recyclable Materials.
1.88 Single-family Dwelling or SFD. "Single-family/duplex dwelling" or "SFD" means any
residential premises with fewer than five (5) units single attached dwelling units, each designed for use by
one bona fide housekeeping group.
1.89 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation of an air
pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or
similar disposal appurtenances or any other such waste having similar characteristics or effects.
_ 1.90 Solid Waste. "Solid Waste" means all putrescible and non-putrescible solid, semisolid, and
liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or
animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California
Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes
Recyclable Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant
to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the
Health and Safety Code Section 117600 et seq.
1.91 Source Separated. "Source Separated" means materials that have been kept separate in
the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order
to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted
products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined
in 14 CCR Section 17402.5(b)(4).
1.92 SRRE (Source Reduction and Recycling Element). A formal planning document that
demonstrates how the City will comply with the Act's diversion goals.
1.93 Term. "Term" means the time period or duration which the Agreement is in effect.
21
1.94 Transfer Station. "Transfer Station" means the place or places listed in Exhibit 9 as City -
approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to
transportation of the Solid Waste to a Disposal Facility or Processing Facility.
1.95 Unicycling. A method of separating trash and recyclable materials in a single Collection
Container. Trash materials are collected in bags and deposited into the Collection Container and recyclable
materials are deposited into the Collection Container loose and unbagged.
1.96 Universal Waste or U-Waste. Electronic devices, dry -cell batteries, non -empty aerosol
cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury containing
equipment.
1.97 Waste. "Waste" means the useless, unused, unwanted or discarded material and debris
resulting from normal residential and commercial activity or materials which, by their presence, may
injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity
thereof.
1.98 Waste Generator. "Waste generator" means any person, as defined by the most current
version of the Public Resources Code, whose act or process produces solid waste as defined in that same
code, or whose act first causes solid waste to become subject to regulation.
1.99 Waste Reporting System (WRS). The electronic data recording and reporting system that
Contractor uses to provide data and reports that this Agreement requires Contractor to give to the City.
1.100 White goods. "White goods" means enamel -coated major appliances, such as washing
machines, clothes dryers, hot water heaters, stoves, and refrigerators.
1.101 Work Day. Any day, Monday through Saturday, that is not a Holiday as set forth in Section
5.03 of this Agreement.
1.102 Wood Waste. "Wood waste" means Solid Waste consisting of stumps, large branches, tree
trunks, and wood pieces or particles that are generated from the manufacturing or production of wood
products, harvesting, processing or storage of raw wood materials, or construction and demolition activities.
Article 2. Term of Agreement
2.01 Initial Term. The initial term of this Agreement will be for ten (10) year period beginning
July 1, 2023 and terminating on June 30, 2033. Contractor shall commence performance of its Collection
Service obligations under this Agreement on July 1, 2023 ("Commencement Date").
2.02 Extension of Term. Contractor may request up to two, five (5) year term extension to the
Initial Term, and at City's sole option, City may grant Contractor's request to extend the term. Under no
circumstances will City be obligated to extend the term. Contractor must request the first five (5) year
22
extension by June 30, 2031 in order to be eligible for the term extension, and June 30, 2036 in order to be
eligible for the second term extension.
2.03 Performance Review Prior to Five (5) Year Extension. A billing audit and performance
review shall be conducted two years prior to the end of the Initial Term (i.e., during 2031, and to be completed
by December 31, 2031) as described in Section 17.02. The cost of the review shall be paid as specified in
that Section. In order to be eligible for an Extension of the Term of the Agreement under Section 2.02,
Contractor must meet billing and performance standards to the satisfaction of the City. In the event
Contractor fails to meet the minimum service and diversion requirements set forth in Section 8.01.1, this
Agreement will terminate on June 30, 2033 as set forth in Section 2.01 of this Agreement.
Article 3. Conditions Governing Services Provided by Contractor
3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and
conditions set forth herein, the exclusive franchise, right and privilege to collect, remove and dispose of, in
a lawful manner, Solid Waste, Recyclable Materials, and Organic Materials accumulating in the City's
Service Area that are required to be accumulated and offered for collection to the Contractor in accordance
with the City's Municipal Code, for the Term of and within the scope set forth in this Agreement.
3.02 Recyclable Materials Organic Waste, and Bulky Waste Discarded by Service Recipients.
This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving
Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either
instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with
other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting,
processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price
for collection, disposal and/or recycling services for any form of un-segregated or segregated Solid Waste
is not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify
for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the
Collection Container and the Container set out for Collection, the Recyclable Materials or Organic waste
become the property of Contractor.
3.03 Exclusions to Exclusivity.
3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and
process for diversion specialized materials, including, but not limited to, Organic Waste, metals,
Construction and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to
re -use or Recycle, Service Recipients shall have the right to engage the third -party recycler to collect and
Recycle those Source -Separated Recyclable Materials provided that the diversion is verified by the City
and the third party obtains a City recycling permit.
3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a
Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell
23
that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to
the Waste Generator, when such collector is permitted as appropriate under the City Municipal Code.
3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain
byproducts from the processing of food or beverages from agricultural or industrial sources, provided they
do not include animal, including fish, processing byproducts, they are Source -Separated, they are not
discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or
reduction in price for collecting, processing, or transporting such material), and they are used as animal
feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to
the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code,
or be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer
manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits
manufacturer, as defined in Section 23015 of the Business and Professions Code.
3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Large Items which
is Source Separated at any premises by the waste generator and donated to youth, civic or charitable
organizations qualified as such pursuant to Federal law.
3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a
gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that
company rather than as a hauling service;
3.03.6 Temporary Services. Temporary Collection services for Solid Waste and
Construction and Demolition Debris is covered under the City's Limited Franchise Agreement and
Contractor must abide by terms of that agreement for Collection and processing and Diversion of
Construction and Demolition Debris.
3.03.7 Permanent Roll -offs. Permanent Roll -off Collection services for Solid Waste and
Construction and Demolition Debris in a Roll -Off Container is covered under the City's Limited Franchise
Agreement and Contractor must abide by terms of that agreement for Collection and processing and
Diversion of Construction and Demolition Debris.
3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing
and collection of payments for Collection Services within the Service Area.
Article 4. Franchise Fees and Payments
4.01 Contractor's Payments to City. The Parties agree that all fees and any payments owed by
Contractor to City under this Agreement are the product of extensive negotiations and constitute valid
consideration for the rights and privileges granted to Contractor under this Agreement.
4.02 Reimbursement for the Cost of Procurement Process. Contractor shall reimburse the City
a one-time fee for the cost of the Franchise Agreement solicitation, evaluation and award process of Three
G'
Hundred Thousand Dollars ($300,000). This fee shall be due and payable on the thirty (30) day after the
Effective Date of the Agreement.
4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and
payable on the twentieth (20th) day of the month following the end of each Quarter for which the Collection
Services were provided; first such payment being due on October 20, 2023. The City Council may adjust the
Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a City -
directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time of
payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor used
to determine the amount due and the basis for those calculations. Figures used in the report shall be taken
from Contractor's general books of account, and Contractor shall retain all supporting documentation in
accordance with the records retention requirements in Section 22.01.
4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to
ten percent (10%) of the Gross Revenue received by the Contractor from Collection Services provided in
the City pursuant to this Agreement.
4.03.2 Marketing and Sales of Recyclable Materials. Contractor shall be responsible for
marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor shall pay
City $5.50 per ton on Recyclable Materials revenue. This shared revenue, from all recovered Recyclable
Material, except for organic waste or Diverted Bulky Items, shall be paid to the City on a quarterly basis,
within 20 days of the end of the Quarter. City may apply late penalties as specified in Exhibit 6.
Tonnage upon which the shared revenue is calculated shall be the tonnage after
processing and removing residual waste, if the Contractor can document to the City's satisfaction these
tonnage figures. If such documentation is not available in a sufficient form, shared revenue shall be based
on the tonnage delivered for processing. Tonnage reports, broken down by month, shall accompany
quarterly payments.
4.04 Annual Fees and Payments. The following annual fees and payments shall be due and
payable on July 1 of each calendar year; the first such payments being due on May 1, 2023. The City Council
may adjust the Annual Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as
a City -directed change in accordance with Section 30.01. On each anniversary of the Commencement Date,
each of the following annual fees and payments shall increase by the same percentage that the Maximum
Service Rate increases for that same Calendar Year.
4.04.1 Administrative Fee. In consideration of the administrative costs of managing the
City's solid waste program, Contractor shall pay City an annual Administrative Fee of Three Hundred
Thousand Dollars ($300,000).
4.04.2 SB 1383 Implementation Fee. In consideration of the implementation, reporting,
and enforcement costs of SB 1383, Contractor shall pay City an annual SB 1383 Implementation Fee of
One Hundred and Thirty Thousand Dollars ($130,000).
25
4.04.3 Advertising and Outreach Contribution. Contractor shall pay the City an annual
Advertising and Outreach Contribution in the amount of Twenty Thousand Dollars ($20,000).
4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article
without prior notice or demand and without abatement, deduction, offset or credit in lawful money of the
United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in
which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post-
marked on or before the due date. If hand -delivered, Contractor must request and receive a date -stamped
receipt from the City by 5:00 p.m. on the due date.
4.06 Late Payments. In the event Contractor fails to pay the City any amounts owed under this
Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall
pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating
circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5)
Business Days prior to the date on which fees are due, and the request must be accompanied by a written
explanation of the extenuating circumstances and adequate supporting documentation. The City shall not
unreasonably withhold its approval, and shall notify Contractor within three (3) business days of receiving
the request whether and to what extent the request has been approved.
4.06.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or
assessed upon or in respect of the operating assets or the Collection Services, or upon any part thereof of
upon any revenues necessary for the operation of the operating assets and the provision of the Collection
Services, when the same shall become due.
4.06.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and
the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written
objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the
dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of
the report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any
such dispute.
Article 5. General Requirements
5.01 Service Standards. Contractor must perform all Collection Services under this Agreement
in a thorough and professional manner as described in Article 25, while meeting the minimum performance
and diversion standards listed in Article 17 according to the Sustainability and Compliance Plan (Exhibit 10)
developed by the Contractor and approved by the City.
5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools,
facilities, and personnel supervision required for the performance of Contractor's obligations under this
Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor's
obligations under this Agreement. No compensation for Contractor's services or for Contractor's supply of
26
labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any
Service Recipient except as expressly provided by this Agreement.
5.03 Holiday Service. The City observes New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day as legal holidays. Contractor is not required to provide
Collection Services or maintain office hours on the designated holidays. In any week in which one of these
holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be
delayed one Work Day for the remainder of the week with normally scheduled Friday SFD Collection
Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in Article
12 but must meet the minimum frequency requirements of one (1) time per week. Collection Services will
not take place on Sundays, unless previously authorized by the Agreement Administrator.
5.04 Inspections. Subject to Contractor's appropriate safety protocols, the City has the right to
inspect Contractor's facilities or Collection Vehicles and their contents used to provide services pursuant to
this Agreement at any reasonable time while operating inside or outside the City.
5.05 Commingling of Materials.
5.05.1 SFD Materials Collected in Santa Clarita. Contractor may not at any time
commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by
Contractor inside or outside the City of Santa Clarita without the express prior written authorization of the
Agreement Administrator.
5.05.2 Commercial Materials Collected in Santa Clarita. Contractor may commingle
Commercial materials collected pursuant to this Agreement with other materials collected outside the City
of Santa Clarita, provided that Contractor tracks the tonnage of Commercial material collected inside the
City of Santa Clarita separately using a City -approved allocation methodology. Changes to the allocation
methodology may only be made with the express prior written authorization of the Agreement Administrator.
5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not
at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with
any other material type Collected by Contractor without the express prior written authorization of the
Agreement Administrator.
5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at
any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any
other material type Collected by Contractor, without the express prior written authorization of the Agreement
Administrator.
5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which
separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written
authorization of the Agreement Administrator, Contractor will Collect Commercial Garbage and Recyclable
27
Materials in the same Collection Container, using a Split -bin or Unicycling, for the purposes of processing
Recyclable Materials for diversion.
5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service
Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum
bundled service requirements as necessary, that matches their unique service needs to reduce
contamination of Recyclable Materials and Organic Waste, and provide service at least cost to Service
Recipient. To support City's diversion goals and Contractor's Diversion Requirements as set forth in Section
8.01.1, Contractor is only required to collect and process Recyclable Materials if they have been separated
by the Service Recipient from Garbage and Organic Waste and will only be required to collect Organic Waste
if it has been Source Separated by the Service Recipient from Garbage and Recyclable Materials.
As part of Contractor's Public Education Services under Section 20,02, Contractor has agreed to provide
outreach and support to Service Recipients as described in the Contractor's Sustainability and Compliance
Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally,
Contractor's route collection personnel will report to Contractor's supervisors if they observe potential
contamination problems, and/or insufficient collection capacity. For purposes of determining if Recyclable
Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable
Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if,
by visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or
Recyclable Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated
and Contractor may take the following steps:
5.07 Violations by Service Recipients. The following provisions will apply to all Commercial,
MFD, MXD, and SFD Service Recipients.
5.07.1 First and Second Occurrence. For the first and second occurrence within any one
continuous 12 month period of contamination for a particular container (i.e., Recyclable Materials or Organic
Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a
Contamination Violation Notice to the contaminated container which contains instructions on the proper
procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by
phone, U.S. mail, e-mail, or in person (which may be a container tag), that for the third and subsequent
incidents of excess contamination, the Service Recipient may be charged a contamination fee for the
contaminated container, and Contractor may increase the Collection Container size, or require an additional
Collection Container. Contractor's representative must also contact the Service Recipient by phone, U.S.
mail, e-mail, or in person (which may be a container tag) to ensure that they have the appropriate level of
service for proper collection of Recyclable Materials and/or Organic Waste. Contractor must also document
the contamination issue in the Waste Reporting System provide digital/visual documentation to the Service
Recipient that clearly documents the Service Recipient's on -going contamination problems.
5.07.2 Third Occurrence. For the third or subsequent occurrence within any one
continuous 12-month period of contamination for a particular container (i.e., Recyclable Materials or
Organic Waste), Contractor must collect the contaminated Container (as Solid Waste) and must charge the
28
Service Recipient a contamination fee as set forth in Exhibit 1. Contractor must continue providing the
Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided)
digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient's
on -going contamination problems and written Notices of contamination as described above. Contractor may
increase the Container size or collection frequency and impose a contamination surcharge on the account
for a period of six months or until the Service Recipient has demonstrated no contamination for a period of
three consecutive months. Contractor must document contamination issue and surcharge in Waste
Reporting System and notify City within five (5) Business Days if Contractor increases the Container size
or collection frequency for excessive contamination or imposes the contamination surcharge to the account.
City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against
offending Service Recipients in order to secure discontinuance of the contamination.
5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination
occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if
contamination occurrences are not active and consecutive. Where contamination is occurring, and
occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy
occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three
consecutive months the tracking calendar will reset.
5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a
contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily
halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the
Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager
to resolve the dispute. During the pendency of any request, Contractor may restore Container size or
number, or collection frequency to the prior levels. A request by Contractor to the City Manager to rule on
any such dispute must be filed within ten (10) Business Days of Contractor's halting of contamination charge,
or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing
overall problems. The City Manager may request a meeting (in person or phone) with both the Service
Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the
dispute within ten (10) Business Days, and the City Manager's decision on resolving the dispute between
and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will
credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in
favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or
increased Maximum Service Rate resulting from increasing the Collection Container size or collection
frequency and may follow the steps in Section 7.07 for collection of delinquent accounts.
5.10 Container Overage and Correction Procedures. If a Customer is found to habitually
overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container
Contractor may take the steps as listed below to correct Customers' on -going overflow of material. All
customers will be notified of Collection Overages. Contractor shall notify the City regarding Commercial,
MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate
action with such customers in order to secure discontinuance of the overages.
29
5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the
correct combination of Collection Containers and collection frequency that matches each Service Recipient's
unique service needs to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable
Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in
the Service Recipient's Solid Waste Collection Containers negatively impacts public health and safety.
Contractor has also agreed to conduct recycling audits and provide outreach and support to Service
Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually
overflow their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct
Service Recipient's on -going overflow of Solid Waste.
5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements
with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged,
and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in
Exhibit 1.
5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with
Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at
no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a
Non -Collection Notice explaining the reason for non -collection of the Solid Waste Overage, (iii) Contractor
may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste
Overage fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or
frequency of Collection of the existing Collection Container(s) to match documented service needs as
provided below. In managing Solid Waste Overages, the following apply:
5.13.1 SFD Service Recipients — Each Occurrence. For each occurrence Contractor will
not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating
procedures or cause spillage upon servicing and Contractor must provide the following written notice via e-
mail, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient: (i) the date,
description and photograph of the Solid Waste Overage and document in the Waste Reporting System.
Contractor's Non -Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to
schedule a Large Item Collection or (b) request an additional Collection Container to eliminate future
Overages.
5.13.2 Commercial and MFD/MXD Service Recipients — Each Occurrence. Contractor
must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail,
or in person (which may be by Non -Collection Notice) to the Service Recipient with the date, description
and photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may
charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity,
or collection frequency of the Collection Container to match documented service needs. At least ten (10)
Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor's
representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may
be by Non -Collection Notice) to ensure that Service Recipient has the appropriate level of service.
30
Contractor must document overage issue in the Waste Reporting System and notify City within ten (10)
Business Days of any changes in Service Recipient's Collection Container size or collection frequency. The
increased capacity or collection frequency will remain in effect until Contractor determines that it is no longer
needed to prevent overages, which may be longer than the one Calendar Year stated above. Such
determination will be in Contractor's sole but reasonable discretion and will be subject to the dispute
resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal
remedies against offending Service Recipients in order to secure discontinuance of the overages.
5.14 Tracking Occurrences of Solid Waste Overage, Regarding Sections 5.11 — 5.13 after
twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid
Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence.
5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste
Overage charge or container size or collection frequency change within 30 days of the disputed action,
Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate
resulting from increasing the Collection Container size or collection frequency, and Contractor may request
a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may
restore Container size or number, or collection frequency, to the prior levels. A request by Contractor to the
City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor's halting
of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and
_. digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or
phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the
City Manager will rule on the dispute within ten (10) Business Days, and the City Manager's decision on
resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the
Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the
City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid
Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste
Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of
delinquent accounts.
5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to
Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to
Contractor at such time as said materials are set out for Collection.
5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Collection
Services or while its vehicles are on the road. Contractor must transport all materials Collected under the
terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from
Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Collection
Services so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable
Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or
dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials.
31
5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning
up sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must
clean up any material or residue that is spilled or scattered by Contractor or its employees.
5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting
from Contractor's operations or equipment repair must be covered immediately with an absorptive material
and removed from the street surface. Contractor must document spillage in the Waste Reporting System
and notify City's stormwater compliance coordinator within ninety (90) minutes of any spills resulting from
Contractor's operations or equipment. When necessary, Contractor must apply a suitable cleaning agent
and cleaning technique to the street surface to provide adequate cleaning as approved by the City's
stormwater compliance coordinator to be compliant with the City's stormwater permit.
5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or
litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary,
Contractor must engage third -party environmental clean-up specialist to remove any equipment oil,
hydraulic fluids, or any other liquid or debris that remains on street after Contractor's own clean-up efforts.
If clean-up is not conducted to satisfaction of City, City has right to engage environmental clean-up
specialist to perform additional clean-up work at the expense of Contractor.
5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e.,
any physical damage in excess of a simple cosmetic stain caused by the spill), Contractor shall be ._
responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall
be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a
manner satisfactory to the City and at no cost to the City.
5.17.5 To facilitate immediate cleanup, Contractor's vehicles must always carry sufficient
quantities of petroleum absorbent materials along with a broom and shovel.
5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts
to guarantee capacity for all City Green and Organic Waste for the term of the Agreement using a facility
listed in Exhibit 9.
5.19 Regulations and Record Keeping. Contractor must comply with emergency notification
procedures required by Applicable Laws and regulatory requirements. All records required by regulations
must be maintained at Contractor's facility. These records must include waste manifests, waste inventories,
waste characterization records, inspection records, incident reports, and training records.
Article 6. Collection Service Rates
6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will
charge for providing the Collection Services, provided that Contractor shall not charge any Service Recipient
an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be
adjusted as provided in this Agreement.
32
6.02 Senior / Low -Income Discount as Contractor's Good Will. In exchange for the good will of
the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Collection
Services provide to eligible Service Recipients (the "Discount") and that the Discount shall neither impact
the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients.
Contractor shall make the Discount available to any person who demonstrates through appropriate
documentation that they are: (i) 60 years of age or older; or (ii) a person of low, lower, or extremely low
income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head
of household and occupant at the Service Unit address. Contractor shall provide the City and all persons in
the City then currently subscribed Contractor's Discount rate program describing and explaining how to
qualify for and receive the Discount. Contractor shall thereafter advertise the availability of the on its website
throughout the Term of this Agreement and at least once per year by direct notice to all SFD Service
Recipients. Adjustments to Maximum Service Rates using CPI-U. Beginning on January 1, 2025, and
annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an
annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement.
6.03 Pre -payment Discount. Contractor will provide a one -month discount to the total annual bill
for all SFD Service Recipients that pre -pay their bill on an annual basis. The annual pre -payment must occur
between January 2nd and January 315'to be effective in the current Calendar Year.
6.04 Maximum Service Rate Adjustment. The Maximum Service Rates in Exhibit 1 shall be
_. adjusted on January 1, 2025, and annually thereafter in accordance with this Section 6.04. No other
adjustments shall be made except as provided in Section 30.01.
6.04.1 CPI Adjustment Calculation. For Rate Year 2025, beginning on January 1, 2025,
and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of
the 12-month average change in the CPI-U for the 12-month period published immediately prior to the rate
application. Therefore, the first rate adjustment effective January 1, 2025 will be based on the percentage
change between the 12-month average of the CPI-U from August 1, 2022 through July 31, 2023, and the
12-month average of the CPI-U from August 1, 2023 through July 31, 2024. The index to be used shall be
the CUURS49ASAO All Urban Consumers (CPI-U), Los Angeles -Long Beach -Anaheim, not seasonally
adjusted.
6.04.2 Annual Rate Cap on Maximum Service Rates. In any Calendar Year that the
calculation of the CPI-U exceeds four percent (4%), the total adjustment for that year will equal four percent
(4%) and the rollover amount will be added to the rate adjustment percentage in the following year, or any
subsequent year. If the CPI-U is negative (after accounting for any applicable rollover percentages from
prior years), there will be no CPI-U adjustment for that year. Notwithstanding any other provision of this
Agreement, all SFD Service Unit Maximum Service Rates shall remain below all jurisdictions, including
Incorporated Cities and Unincorporated County Areas, with Source Separated (Garbage, Recycling, and
Organic Waste) franchised collection services in the Santa Clarita Valley.
33
6.04.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of
one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments.
All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations.
6.04.4 Maximum Service Rate Adjustment Report. On or before September 15 of each
year of the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum
Service Rates for the subsequent calendar year (the "Adjustment Report"). The Adjustment Report shall be
in a format as may be mutually agreed on between the City and Contractor and must contain or be
accompanied by Contractor's adjustment calculations for the specific services performed under this
Agreement during the preceding Agreement Year in Microsoft Excel or other electronic format acceptable
to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report.
6.04.4.1 Corrections. In the event the City determines the Adjustment
Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report
to the City. A corrected report submitted after September 15 shall be treated as a late report.
6.04.4.2 Late Report. If Contractor fails to submit the Adjustment Report by
September 15, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and
reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in
time for it to be implemented on January 1; or (2) accept and consider the late Adjustment Report at its
earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively ...
thirty (30) days after the City's approval. In no event shall Contractor apply any rate adjustment retroactively.
6.04.4.3 No Report. If Contractor fails to provide any Adjustment Report,
the Maximum Service Rate shall remain unchanged for the next calendar year.
6.04.5 Customer Notification. At least 30 days prior to the effective date of a rate change,
Contractor shall prepare and distribute, subject to the direction of the City, a notice to each Customer
containing the new collection rate and the effective date. Such notice shall be in a form subject to City's
approval prior to its distribution and may be included with Billings made by Contractor.
6.05 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall
notify Contractor on or before December 1 whether the City has approved the requested adjustments to the
Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any
requested rate adjustment of more than four percent (4%) . The City Manager may approve all other requests
or refer them to the City Council at his or her discretion.
6.06 Contractor payment for CPI-U review. Contractor shall be responsible for paying the cost
of reviewing or correcting the annual CPI-U adjustment if the City determines that Contractor has made
substantial errors and has not properly submitted or correctly calculated the CPI-U adjustment.
6.07 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent
extraordinary events, including Change of Law, which, although they do not prevent either party from
34
performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of
providing services above the Section 6.04 Maximum Service Rate Adjustment. The obligation of the parties
in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates.
Accordingly, at its option, Contractor may apply to the City not more frequently than once annually, for an
extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic
operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section
6.04. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to
make a substantial change in its operations, or substantial capital expenditure or investment in order to
perform its obligations under this Agreement due to the occurrence of an event or circumstance which is
beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after
approval by the City Council.
6.07.1 Contractor's Burden. In the event of such an application for an extraordinary rate
increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable
satisfaction of the City the basis for the extraordinary increase cost. -Contractor shall bear the burden of
justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient
documentation in support of its request. City in its sole reasonable discretion may request Contractor to
provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be
solely responsible for the cost to of providing such additional information. Contractor shall allow City to
review a report of its annual revenues and expenses for the services provided in the City prepared by a
Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance
with Rule 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the
California Code of Regulations, Title 16, Chapter I ("Financial Statements"). Such Certified Public
Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no
financial interest whatsoever in the business of the Contractor. City shall have the right to review this
information in connection with the City's review of Contractor's extraordinary rate adjustment request. With
respect to any Financial Statements or any other non-public information ("Confidential Information"), City
agrees that: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of
Confidential Information within its own organization and to its agents or representatives who need to know
the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information
to any third party, excepting those subject to subsection (b), without the prior written consent of the
Disclosing Parties; (d) it will not copy and/or reproduce any Confidential Information without the prior written
approval of the Contractor; and (e) it will not use Confidential Information except as required for
consideration of the request. City may consider increases or decreases in Contractor's total revenues and
total cost of services when reviewing an extraordinary rate adjustment request. The City will inform the
Contractor upon receiving a California Public Records Act request or a subpoena for the Confidential
Information by written notice delivered to the Contractor ("Notice"). The Contractor will have five (5) days
from the date of the Notice to inform the City in writing of its intent to assert its confidentiality rights under
this Agreement. The Contractor will have fifteen (15) days from the date of the Notice to seek judicial
assistance to prevent the disclosure of the Confidential Information. If the Contractor fails to act within the
nine (9) or fifteen (15) day windows described above, the City may disclose the requested Confidential
Information to the requestor or subpoenaing party. In the event Contractor seeks a court order to stay or
35
enjoining the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its
Council, elected and appointed board or commission members, officers, employees, volunteers and agents
(collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand,
action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-
judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA
or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this
Agreement.
6.07.2 Review Costs. At the time of its request, Contractor shall also submit a payment
to the City of Twenty -Five Thousand Dollars ($25,000) to defray the City's costs to review the request. In
the event the City's reasonable costs exceed that amount, Contractor shall reimburse the City for any
documented amount in excess.
6.07.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the
request and to negotiate in good faith regarding the appropriateness of the requested adjustment.
6.07.4 City Review; Approval. City shall review the Contractor's request and, in the City's
sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum
Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment.
Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify
Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor's request.
Except as provided herein, any such change approved by the City shall not be implemented until January
1 of the next Rate Year unless a different time frame is approved by the City Council.
6.07.5 No Retroactive Adjustments. Extraordinary Adjustments may not be applied
retroactively without City Council approval. Notwithstanding the preceding sentence, in no event may an
Extraordinary Adjustment be applied retroactively to a date prior to July 1, 2023. Contractor may not request
an Extraordinary Adjustment to Initial Service Rates, nor may Contractor request an Extraordinary
Adjustment prior to December 31, 2024.
6.08 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about
five (5) years from the Commencement Date regarding material changes in the cost of providing services
that are substantially in excess of the rate adjustments resulting from the application of Sections 6.04 and
6.07. If it is determined that there have been material changes in the cost of providing services, then the City
and Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process
for demonstrating material changes in the cost of providing services shall follow the same process as outlined
in Section 6.07.1.
6.09 Procedures in Event of Invalidation of Rate Adiustment. In the event that City is unable by
operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of
the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, _
within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase,
to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to
36
compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to
commence negotiations in good faith or negotiations are not completed within forty-five (45) days following
the date of receipt of Contractor's request, either party may terminate this Agreement no earlier than one
hundred and eighty (180) days after written notice to the other.
Article 7. Collection Service Billing
7.01 Responsibility for Collection Service Billinq and Collection. Contractor shall be solely
responsible for the billing and collecting payments for the Collection Services it provides within the Service
Area.
7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic
mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If
sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self-
addressed return envelope. All invoices shall include Contractor's e-mail address, include directions for
payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or be
accompanied by a complete billing statement showing all charges and all services provided. City shall have
the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable notice
to Contractor.
7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the
Y
first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service
Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and
once every Quarter for SFD Service Units. No invoice shall be considered past due until the last day of the
respective month or Quarter for which Collection Services are provided.
7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from
Contractor's Service Area, Contractor shall pro -rate billing to the Service Recipient on a weekly basis,
meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service
provided by Contractor.
7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by
Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment and
after the payment is validated. Contractor shall refund every overpayment that: (1) exceeds two hundred
dollars ($200.00) or the amount of Service Recipient's typical invoice, whichever is less; or (2) is due to the
Service Recipient closing the account prior to the end of the billing period. Contractor may issue a service
credit of no more than two (2) years against future invoices for all other overpayments.
7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose
accounts are delinquent by more than ninety (90) days to the Agreement Administrator on a monthly basis.
7.07 Contractor's Reservation of Legal Rights and Remedies. Notwithstanding any other
provision of this Article, Contractor reserves its right to, and may take such action as is legally available to
37
Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor —
shall never discontinue Collection Services to any Service Unit except upon fifteen (15) days prior written
notice to both the Service Recipient and the Agreement Administrator. Written notice to be provided to the
Service Unit no sooner than 15 days after the close of the prior quarter. Contractor may send a written notice
to Service Recipient regarding payments of Billings during the billed service period.
Article 8. Diversion Requirements
8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with
City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and
employ sufficient programs and services to assist City in meeting or exceeding City's Diversion goals
requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for Diversion,
and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and
that Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1, except
as provided in Section 30.01.1.
8.01.1 Minimum Diversion Requirements. Contractor shall meet the following minimum
calendar year Franchised Diversion Rates or CalRecycle Diversion Rates if subject to Waiver requested
and received under Section 8.01.7:
Calendar Year
Franchised Diversion Rate
CalRecycle Diversion Rate
July - Dec 2023
40%
55%
2024
40%
55%
2025
45%
60%
2026
45%
60%
2027
50%
65%
2028
50%
65%
2029
55%
70%
2030
55%
70%
203land After
60%
75%
8.01.2 Annual Reporting. Contractor shall calculate the actual Franchised Diversion Rate
for each calendar year and shall deliver a written report regarding the same to the City no later than August
15 of the year following the reporting period as set forth in Section 22.04.
8.01.3 Franchised Diversion Rate Calculation. Contractor's actual Franchised Diversion
Rate for any given Calendar Year shall be calculated by dividing (i) the total tonnage of Solid Waste
Collected by Contractor in the City and either Disposed of at the City approved Recyclable Materials or
Organic Waste Processing Facility, scavenged, or otherwise handled in a manner that counts as Diversion
38
under applicable CalRecycle regulations; by (ii) the total tonnage of Solid Waste Collected by Contractor in
the City.
8.01.3.1 Diversion for Scavenged Items. Contractor may estimate
diversion of materials lost due to scavenging by determining how many work orders were
submitted for Large Item Pickup and observed by the drivers as to be not out for collection.
Contractor will provide a standard estimate of weight per item that is acceptable to the City.
8.01.4 Failure to Meet Franchised Diversion Rate. If Contractor fails to meet the minimum
calendar year Franchised Diversion Rate in a given reporting period pursuant to Section 8.01.2, it shall be
subject to Administrative Charges as allowed under Article 25 and specified in Exhibit 6. Contractor must
also submit a written corrective action plan to the City before March 15 of the year following the missed
minimum Diversion requirement. Contractor's corrective action plan must specify all actions Contractor will
take to ensure it will meet Franchised Diversion Rates in the future, and shall be subject to the review and
approval by the Agreement Administrator. Contractor's failure to meet the minimum Franchised Diversion
Rate shall not constitute a default under this Agreement so long Contractor fully implements all elements
of a City approved corrective action plan. If Contractor fails to submit an adequate corrective action plan or
to fully implement a City -approved corrective action plan, it shall subject Contractor to Administrative
Charges as allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available
to the City.
8.01.5 CalRecycle Diversion Rate Calculation. The actual CalRecycle Diversion Rate for
any given calendar year shall be calculated with the data provided through the electronic annual report
consistent with CalRecycle and Public Resources Code Section 41780.
8.01.6 Failure to Meet CalRecycle Diversion Rate. If City fails to meet any CalRecycle
Diversion Rate listed in 8.01.1 due to Contractor's failure to implement any Diversion or public education
program as required by this Agreement, Contractor shall be subject to Administrative Charges as allowed
under Article 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to
the City before March 15 of the year following the missed minimum CalRecycle Diversion Rate. Contractor's
corrective action plan must specify all actions Contractor will take to help the City to meeting all Diversion
requirements under Applicable Law in the future, and shall be subject to the review and approval by the
Agreement Administrator. If Contractor fails to submit an adequate corrective action plan or to fully
implement a City -approved corrective action plan, it shall subject Contractor to Administrative Charges as
allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available to the City.
8.01.7 Waivers. On or about July 1, 2024, and on or about August 15 henceforth,
Contractor may request to waive or revise the annual Franchised Diversion requirements. The parties agree
to meet and confer, and negotiate in good faith regarding such requests, taking into account matters such
as waste characterization data, trends in source reduction, the availability of permitted facilities capable of
processing material to achieve the required Diversion levels, the availability of commercially viable markets
for Recyclable Materials or Organic Waste, transportation constraints, embargoes, the impact of
scavenging, increasing producer responsibility requirements, restrictions on single -use plastics, public
WE
safety impacts, and the passage of any other legislation that significantly impacts the waste stream mix.
City, via the Agreement Administrator, may not unreasonably withhold approval of the waiver or revision
provided that Contractor's request is accompanied by sufficient documentation and granting the request
would not render the City non -compliant with any State Diversion mandates.
8.02 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith
with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the
Contractor's obligations under this Article. City's obligations in this regard shall include, without limitation,
making such petitions and applications as may be reasonably requested by Contractor for time extensions
in meeting Diversion goals, enforce provisions of 15.44.905 Enforcement in the City municipal code or other
exceptions from the terms of Applicable Laws, and to agree to authorize such changes to Contractor's
Recycling, Organic Waste, or Solid Waste programs as may be reasonably requested by Contractor in order
to achieve the minimum requirements of this Article.
8.03 Contractor's Diversion Programs. Contractor shall implement the Diversion programs
required under this Agreement to ensure that City and Contractor comply with all Diversion requirements
under Applicable Law. Contractor shall furthermore, at its sole cost and expense, (1) assist the City to
respond to inquiries from, or prepare for and attend any hearing before, CalRecycle or any other regulatory
agency relating to the City's compliance with Applicable Law; prepare for and participate in CalRecycle' s
review of the City's SRRE.; apply for any extension available under Applicable Law; develop and implement
a public awareness and education program consistent with the City's SRRE and Household Hazardous
Waste Element and any related requirements of Applicable Law; (2) Provide the City with Recycling, source
reduction, and other technical assistance as may be needed to comply with Applicable Law; (3) advise the
City of additional programs or measures Contractor can, if authorized by the City, implement to increase
compliance with the Diversion requirements of Applicable Law; and (4) promptly pay any and all fees,
penalties, or other costs imposed on the City by CalRecycle relating to its Diversion requirements, outlined
in this agreement and indemnify and hold harmless the City from and against any fines, penalties, or other
liabilities, levied against the City for violation of such Diversion requirements caused by Contractor's failure
to perform its obligations hereunder.
8.04 New Diversion Programs. If Contractor fails to meet any Franchised Diversion requirement
or the City fails to meet any CalRecycle Diversion requirement notwithstanding Contractor's implementation
of all Diversion and public education programs as required by this Agreement, the City may direct Contractor
to modify its Diversion and public education programs or implement new programs. Such modifications may
constitute a City -Directed Change under Section 30.01. Contractor shall not implement new Diversion
programs not described in this Agreement without the City's prior consent.
8.05 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements
by any alternative methods or procedures, provided it complies with AB 939, AB 341, AB 1826, AB 1594,
SB 1016, SB 1383, and / or any other Applicable Law, as may be amended from time to time. Contractor's
ability to meet its diversion requirements by alternative methods per this Section 8.05 is subject to Agreement _.
Administrator review and approval.
M
Article 9. Service Unit Types
9.01 Service Units. Service Units include all the following categories of premises which are in
the Service Area as of July 1, 2023 and all such premises which may be added to the Service Area by means
of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement:
9.01.1 SFD Service Units. Services are specified in Article 10.
9.01.2 MFD Service Units. Services are specified in Article 11.
9.01.3 Mixed -use Development (MXD) Service Units. Services are specified in Article 13.
9.01.4 Commercial Service Units. Services are specified in Article 12.
9.01.5 City Service Units. Services are specified in Article 14.
9.01.6 Any question as to whether a premise falls within one of these categories will be
determined by the Agreement Administrator and the determination of the Agreement Administrator will be
final.
9.02 Service Unit Changes. City and Contractor acknowledge that during the term of this
Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide
Service.
9.02.1 Additions and Deletions. Contractor must provide services described in this
Agreement to new Service Units in Contractor's Service Area within five (5) Work Days of receipt of notice
from City or the new Service Unit to begin such Service.
9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the
Contractor's Service Area is acquired by City through annexation, subject to the requirements of Public
Resources Code section 49520, Contractor agrees to provide Collection Services in such annexed area in
accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination of
former contractor's rights to provide service have been exhausted. Such Collection Services must begin
within five (5) Work Days of receipt of written notice from City. Contractor may not begin Collection Service
without written authorization from City.
9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the
addition of Service Units added due to annexation and must provide such revised maps to the Agreement
Administrator as requested.
41
Article 10. Residential Service
10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD
Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin
Collection Service. The SFD Services are governed by the following terms and conditions:
10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for
service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose
SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly
containerized in Recycling Carts, except as set forth in Section 10.08.1; Organic Wastes are properly
containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage,
Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface
of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and
Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and
vehicle.
10.01.2 Bundled SFD Cart Service. Except for those Service Recipients that City
determines may receive In -Ground Service, and those Service Recipients that choose to receive Bins for
service, Contractor will use a weekly Bundled SFD Solid Waste Collection Service system with one (1) 96-
Gallon Garbage Cart, one (1) 96-Gallon Recycling Cart, and one (1) 96-Gallon Organic Waste Cart as part
of the base SFD Solid Waste Collection Service. SFD Service Recipients shall receive additional Recycling
Carts and additional Organic Waste Carts to be included at no additional cost, if requested. Garbage,
Recycling, and/or Organic Waste Carts with a capacity of 32-Gallon or 64-Gallon may be requested by
Customers that have space constraints. Pricing for downsizing Carts, or additional Carts, relative to the
base Bundled Service are included in Exhibit 1.
10.01.3 In -Ground Container Collection. Contractor shall continue to provide weekly Solid
Waste Collection Service to SFD Service Recipients with in -ground Containers ("In -Ground Service").
Contractor shall remove such Containers form their in -ground housing, bring them to the Collection Vehicle
for dumping, and return them to the in -ground housing, covered. Contractor shall not be obligated to provide
Service Recipients In -Ground Service with Organic Waste Collection as set forth in Section 10.09.
Contractor is not obligated to restart In -Ground Service after Bundled SFD Cart Service is started. Maximum
Service Rates for Service Recipients receiving Collection Service with in -ground Containers are set forth in
Exhibit 1.
10.01.4 On -Premises Service. Notwithstanding any term or definition set forth in this
Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the
SFD Service Recipients premises to an SFD Service Unit as follows.
10.01.4.1 At no additional cost to the SFD Service Unit. SFD Service Units
where all adult Service Recipients residing therein have disabilities that prevent them from setting their
Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises
42
service has been made. Contractor shall have the right to verify eligibility. In the event of a dispute between
Contractor and Service Recipient, City shall have the right to make final determination.
10.01.4.2 At an additional cost to the SFD Service Unit.
A. SFD Service Units where topography, steep driveways, below grade dwellings, or
limited access to public streets that prevents the SFD Service Recipient from setting their Garbage,
Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the
Contractor, and if a request for on -premises service has been made.
B. SFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as
determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the
retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult
or impossible to access using regular trash collection trucks.
C. Contractor must offer "push services" to SFD Service Recipients other than those
listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services
include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers
from their storage location for Collection and returning the Collection Containers back to their storage
location.
10.01.4.3 Contractor must provide on -premises Collection Service on the
same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit.
10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection
Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must
be scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service,
and Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided,
commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday,
except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended
due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement
Administrator.
10.03 Manner of Collection. The Contractor must provide Collection Service with as little
disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position
at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on
private property and may not trespass nor cross property to the adjoining premises unless the occupant or
owner of both properties has given permission. Care should be taken to prevent damage to property,
including flowers, shrubs, and other plantings.
10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must
supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in
Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor
43
being required to replace Collection Containers before they have been fully depreciated, Contractor will be
eligible for additional compensation in accordance with Section 6.07.
10.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts
by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by
Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service
Recipient.
10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service
Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor
must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must
maintain records documenting all Cart replacements occurring and report through the Waste Reporting
System monthly.
10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or
stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except
in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where
Contractor elects to replace a Cart rather than repair it on -site, Contractor will be compensated for the cost
of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the
Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be
adjusted by the City from time to time as provided under this Agreement.
10.05.3 Contractor understands and agrees that this provision is intended to be applied on
a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive
up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract.
10.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible
for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work
Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair
the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient.
10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that
a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient
within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per
Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit
is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for
moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those
exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in
accordance with the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this
Agreement.
10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service
Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested,
Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth
in Exhibit 1.
10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor.
10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD
Service Recipient, Contractor must clean all Collection Containers at the SFD's premises or must replace
the dirty Collection Containers with clean Collection Containers. Any Collection Container cleanings must
be done in such a manner that results in no water entering the City's storm drain system. This service must
be provided at no charge to the Service Recipient, so long as the service is not requested more than once
per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service
Recipient, Contractor will ensure that all Collection Containers are cleaned on an as -needed basis so as to
maintain a clean appearance and proper function. Additional cleanings beyond once each Calendar Year
will be subject to the Service Rate set forth in Exhibit 1.
10.07 SFD Garbage Collection Service. This service is governed by the following terms and
conditions:
10.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed
in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10.
10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of
performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in
Exhibit 9. In the event the Disposal Facility is closed on a Work Day or excessive wait times are
encountered, Contractor must transport and dispose of the Garbage at another legally permitted Disposal
Facility. Notification to the City is required by the end of the same day should another facility be used.
Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may
result in Contractor being in default under this Agreement.
10.08 SFD Recycling Service. This service is governed by the following terms and conditions:
10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart shall be
collected as a Large Item subject to sections 10.10.1 and 10.10.2. City may direct the Contractor to deliver
additional recycling carts if excessive collections are determined at a specific Service Recipient.
10.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect
Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste
or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are
contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
Contractor must follow the steps set forth in Section 5.07.
10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable
Materials collected as a result of performing recycling services must be delivered to the Materials Recovery
45
Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified —'
in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
materials processing and marketing will be the sole responsibility of Contractor. City has the right to
designate Materials Recovery Facility.
10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account,
at no additional charge, each SFD customer may request that Contractor provide one on -call Move-In/Out
Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard
boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each
new account. This service shall only include Recyclable Materials, and in the event that the Service
Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be
counted as one of the SFD Service Recipient's free annual Large Item Collections as set forth in Section
10.10.
10.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that
necessitate any additions or deletions to the services described in this Section 10.08, including the type of
items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter
into an Agreement amendment covering such modifications to the services to be performed and the
compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions
to such services.
10.09 SFD Organic Waste Collection Service. This service is governed by the following terms
and conditions:
10.09.1 Organic Waste Processinq Services. Contractor must ensure that all Organic
Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB
1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must
ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except
for residue resulting from processing. If the organics processing facility accepts bagged organic waste
(where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic
Waste.
10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has
been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and
marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the
levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement.
City has the right to designate Organic Waste Processing Facility.
10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb
for Collection during the three-week period beginning December 26th each year during the term of this
Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste
Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This
46
annual service will be provided at no additional charge to the Service Recipient. Contractor is not required
to divert Holiday Trees with tinsel, flocking or ornaments.
10.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service
Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore,
Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid
Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07.
10.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an
Organic Waste Container at least once per week, or more often if arranged between Service Recipient and
Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight,
so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the
maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted
from landfilling through composting or other means and may not be collected or commingled with Garbage.
10.09.5.1 Manure Cart Collection. Contractor shall provide Manure
Collection Service to any SFD Service Recipients that require and request a Cart for Manure Collection
Service at no additional charge to the Service Recipient.
10.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection
Service to any SFD Service Recipients that require and request a Bin for Manure Collection Service at no
additional charge to the Service Recipient.
10.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum
of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste.
Contractor is responsible for purchase of Home Compost Bins delivered to Contractor's place of storage.
10.10 SFD Large Item Collection Service. This service is governed by the following terms and
conditions:
10.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all
SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the
curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed
to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's
Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to
receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic
yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no
additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive
compensation from the customer at the rate for such service as set in Exhibit 1.
10.10.2 Frequency of Service. Large Item Collection Service will be provided on the next
_. regular Collection day if the request is received at least two (2) Work Days in advance of the next regular
47
Collection day. The Service Recipient may not intentionally commingle residential Large Items with other
Residential Waste.
10.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that
contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not
subject to regulation as hazardous waste under applicable State and Federal laws or regulations.
10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected
from Service Units pursuant to this Agreement in accordance with the following hierarchy:
10.10.4.1 Reuse as is (where energy efficiency is not compromised)
10.10.4.2 Disassemble for reuse or Recycling
10.10.4.3 Recycle
10.10.4.4 Disposal
10.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the
Large Items cannot be reused or recycled.
10.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take _.
specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty
(20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no
obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and
recyclers have removed reusable or recyclable Large Items.
10.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and
lancets shall be placed in a sharps container and removed from the regular waste stream to minimize
exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in a
appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one
postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided with up to
two postage -paid mail -back sharps containers per year at no additional cost. In addition, Contractor shall
promote this program in newsletters and in other forms of outreach as determined by City. Additionally,
Contractor shall provide to the City on an annual basis not less than 200 postage -paid mail -back Sharps
containers for City staff to distribute at special events.
10.12 Extended Producer Responsibility Diversion Program. Contractor shall provide a minimum
of two City-wide textile, carpet, and mattress collection drives on an annual basis. Contractor will schedule
collection events with City approval and advertise the drop-off events not less than one week prior to the
scheduled collection event, but no more than one month prior to the scheduled collection event. All textile,
carpet and mattresses Collected through this program shall be diverted from the landfill either through
donation to a local non-profit organization or through other means of Diversion.
48
Article 11. MFD Service
11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD
Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following
terms and conditions:
11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to
receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the
Service Area whose MFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials
are properly containerized in Recycling Carts, except as set forth in Section 11.08.1; Organic Wastes are
properly containerized in Organic Waste Carts, except as set forth in Section 11.09.3, where the Garbage,
Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface
of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and
Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and
vehicle.
11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection
Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection
Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service
Recipient, and including at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon
Organic Waste Cart per 2 cu yd of weekly Garbage service as part of the base bundled MFD Collection
Service. MFD Service Recipients shall receive additional Recycling Carts and additional Organic Waste
Carts to be included at no additional cost, if requested. The actual configuration of Recycling and Organic
Waste Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a manner
determined by the Service Recipient in consultation with the Contractor. Additional services may be
requested by the MFD Service Recipient. To be considered for an exemption from MFD Recycling Service
or MFD Organic Waste Collection Service, Service Recipient must apply for exemption to the City. All such
exemption applications must be reported in the Waste Reporting System and approved by the City. Pricing
for downsizing Carts, or additional Carts, relative to the base Bundled Service are included in Exhibit 1.
11.01.3 In -Ground Container Collection. Contractor shall continue to provide weekly Solid
Waste Collection Service to MFD Service Recipients with in -ground Containers ("In -Ground Service").
Contractor shall remove such Containers form their in -ground housing, bring them to the Collection Vehicle
for dumping, and return them to the in -ground housing, covered. Contractor shall not be obligated to provide
Service Recipients In -Ground Service with Organic Waste Collection as set forth in Section 11.09.
Contractor is not obligated to restart In -Ground Service after Bundled MFD Cart Service is started.
Maximum Service Rates for Service Recipients receiving Collection Service with in -ground Containers are
set forth in Exhibit 1
11.01.4 On -Premises Service. Notwithstanding any term or definition set forth in this
Agreement, Contractor must provide Collection of MFD Garbage, Recycling, and Organic Waste on the
MFD Service Recipients premises to an MFD Service Unit as follows.
11.01.4.1 At no additional cost to the MFD Service Unit. MFD Service Units '—
where all adult Service Recipients residing therein have disabilities that prevent them from setting their
Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises
service has been made. Contractor shall have the right to verify eligibility. In the event of a dispute between
Contractor and Service Recipient, City shall have the right to make final determination.
11.01.4.2 At an additional cost to the MFD Service Unit.
A. MFD Service Units where topography, steep driveways, below grade dwellings, or
limited access to public streets that prevents the MFD Service Recipient from setting their Garbage,
Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the
Contractor, and if a request for on -premises service has been made.
B. MFD Service Units inaccessible by standard 3 or 4 axe[ Collection Vehicles as
determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the
retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult
or impossible to access using regular trash collection trucks.
C. Contractor must offer "push services" to MFD Service Recipients other than those
listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services
include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers
from their storage location for Collection and returning the Collection Containers back to their storage
location.
11.01.4.3 Contractor must provide on -premises Collection Service on the
same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit.
11.02 Frequency and Scheduling of Service. This service must be provided as deemed
necessary and determined between Contractor and the MFD Service Unit, but such service must be received
no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection
service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and
Contractor as long as the minimum frequency requirement is met. The size of the container and the
frequency (above the minimum) of Collection will be determined between the MFD Service Unit and
Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be placed
outside the Collection Container. Contractor must provide containers as part of the Commercial Collection
Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor
provided that the Service Recipient is completely responsible for its proper maintenance, and such
Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used
by Service Recipients must be owned and supplied by Contractor.
11.03 Manner of Collection. The Contractor must provide Collection Service with as little
disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position
50
at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on
private property and may not trespass nor cross property to the adjoining premises unless the occupant or
owner of both properties has given permission. Care should be taken to prevent damage to property,
including flowers, shrubs, and other plantings.
11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must
supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in
Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor
being required to replace Collection Containers before they have been fully depreciated, Contractor will be
eligible for additional compensation in accordance with Section 6.07.
11.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts
by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by
Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service
Recipient.
11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service
Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor
must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must
maintain records documenting all Cart replacements occurring and report through the Waste Reporting
System monthly.
11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or
stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except
in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where
Contractor elects to replace a Cart rather than repair it on -site, Contractor will be compensated for the cost
of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the
Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be
adjusted by the City from time to time as provided under this Agreement.
11.05.3 Contractor understands and agrees that this provision is intended to be applied on
a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive
up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract.
11.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible
for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work
Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair
the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient.
11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that
a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient
within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per
51
Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit
is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for
moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those
exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in
accordance with the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this
Agreement.
11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service
Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested,
Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth
in Exhibit 1.
11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor.
11.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the MFD,
Contractor must clean all Collection Containers at the MFD's premises or must replace the dirty Collection
Containers with clean Collection Containers. Any Collection Container cleanings must be done in such a
manner that results in no water entering the City's storm drain system. This service must be provided at no
charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year.
In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will
ensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a clean
appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject to
the Service Rate set forth in Exhibit 1.
11.07 MFD Garbage Collection Service. This service is governed by the following terms and
conditions:
11.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed
in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10.
11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of
performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in
Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose
of the Garbage at another legally permitted Disposal Facility. Failure to comply with this provision will result
in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this
Agreement.
11.08 MFD Recycling Service. This service is governed by the following terms and conditions:
11.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart shall be
collected as a Large Item subject to sections 10.10.1 and 10.10.2. City may direct the Contractor to deliver
additional recycling carts if excessive collections are determined at a specific Service Recipient.
52
11.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect
Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste
or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are
contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
Contractor must follow the steps set forth in Section 5.07.
11.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable
Materials collected as a result of performing recycling services must be delivered to the Materials Recovery
Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified
in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
materials processing and marketing will be the sole responsibility of Contractor. City has the right to
designate Materials Recovery Facility.
11.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account,
at no additional charge, each MFD customer may request that Contractor provide one on -call Move-In/Out
Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard
boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each
new account. This service shall only include Recyclable Materials, and in the event that the Service
Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be
counted as one of the MFD Service Recipient's free annual Large Item Collections as set forth in Section
11.10.
11.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that
necessitate any additions or deletions to the services described in this Section 11.08, including the type of
items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter
into an Agreement amendment covering such modifications to the services to be performed and the
compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions
to such services.
11.09 MFD Organic Waste Collection Service. This service is governed by the following terms
and conditions:
11.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic
Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB
1826, AB 1594, SIB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must
ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except
for residue resulting from processing. If the organics processing facility accepts bagged organic waste
(where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic
Waste.
11.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has
been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and
53
marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the
levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement.
City has the right to designate Organic Waste Processing Facility.
11.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb
for Collection during the three-week period beginning December 26t" each year during the term of this
Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste
Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This
annual service will be provided at no additional charge to the Service Recipient. Contractor is not required
to divert Holiday Trees with tinsel, flocking or ornaments.
11.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service
Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore,
Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid
Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07.
11.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an
Organic Waste Container at least once per week, or more often if arranged between Service Recipient and
Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight,
so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the
maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted _
from landfilling through composting or other means and may not be collected or commingled with Garbage.
11.09.5.1 Manure Cart Collection. Contractor shall provide Manure Collection
Service to any MFD Service Recipients that require and request a Cart for Manure Collection Service at no
additional charge to the Service Recipient.
11.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection
Service to any MFD Service Recipients that require and request a Bin for Manure Collection Service at no
additional charge to the Service Recipient.
11.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum
of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste.
Contractor is responsible for purchase of Home Compost Bins delivered to Contractor's place of storage.
11.10 MFD Large Item Collection Service. This service is governed by the following terms and
conditions:
11.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all
MFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the
curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed
to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's
Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to
W
receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic
yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no
additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive
compensation from the customer at the rate for such service as set in Exhibit 1.
11.10.2 Frequency of Service. Large Item Collection Service will be provided on the next
regular Collection day if the request is received at least two (2) Work Days in advance of the next regular
Collection day. The Service Recipient may not intentionally commingle residential Large Items with other
Residential Waste.
11.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that
contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not
subject to regulation as hazardous waste under applicable State and Federal laws or regulations.
11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected
from Service Units pursuant to this Agreement in accordance with the following hierarchy:
11.10.4.1 Reuse as is (where energy efficiency is not compromised)
11.10.4.2 Disassemble for reuse or Recycling
11,10.4.3 Recycle
11.10.4.4 Disposal
11.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the
Large Items cannot be reused or recycled.
11.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take
specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty
(20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no
obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and
recyclers have removed reusable or recyclable Large Items.
11.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and
lancets shall be placed in a sharps container and removed from the regular waste stream to minimize
exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in
an appropriate manner, Contractor shall provide, upon request, each MFD Service Recipient with up to
one postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided
with up to two postage -paid mail -back sharps containers per year at no additional cost. In addition,
Contractor shall promote this program in newsletters and in other forms of outreach as determined by
City.
55
Article 12. Commercial Service
12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide
Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service
Units and those City Service Units listed in Exhibit 3. MFD Units serviced with Bins will abide by the
guidelines listed in this Section but are serviced as part of the Residential Collection Service. This service is
governed by the following terms and conditions:
12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection
Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all
Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and
Organics Waste are properly containerized in Collection Containers as appropriate where the Collection
Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable
Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Garbage and
Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes and 1, and 2-cubic yard sizes for Organic
Waste Bins. The size of the container and the frequency (above the minimum) of Collection will be
determined between the Service Recipient and Contractor. However, the size and frequency must be
sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the
Collection Container. The base Commercial Collection Service will include Commercial Recycling Service
as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as described in
Section 12.05.5 below. All bins to be labeled with maximum weight limits. If the bins are found to be over
the weight limit, the Contractor may choose to not service the bin. The service account holder must be
notified within 24 hours by the Contractor identifying which bin is over the weight limit.
12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system,
Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including
at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2
cu yd of weekly garbage service as part of the base bundled Commercial Collection Service. The actual
configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total equivalent
volume and configured in a manner determined by the Service Recipient in consultation with the Contractor.
Additional services may be requested by the Commercial Service Recipient. To be exempted from
Commercial Recycling Service or Commercial Organic Waste Collection Service, Service Recipient must
apply for exemption to the City. All such exemption applications must be reported in the Waste Reporting
System and approved by the City.
12.01.3 Hours of Collection. Commercial Collection Service must be provided as set forth
in Section 15.44.600 of the Municipal Code, commencing no earlier than 5:00 a.m., and terminating no later
than 7:00 p.m., Monday through Saturday, except for Holidays. If the Commercial Collection Service is
adjacent to Residential Premises, then collection service will be provided no earlier than 7:00 a.m. Monday
through Friday and 8:OOam on Saturday. The hours, day, or both of Collection may be extended due to _
56
extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement
Administrator.
12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily
accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide "push
services" and "stinger/scout truck services" as necessary upon request during the provision of Commercial
Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to,
dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for
Collection and returning the Collection Containers back to their storage location. Stinger/scout truck
services provide for the retrieval of Collection Containers from locations with accessibility constraints that
make Containers difficult or impossible to access using regular trash collection trucks.
12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service with
as little disturbance as possible and must leave any Collection Container at the same point it originally
located without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and
newly painted Bins and Roll -off Containers in good condition that comply with Collection Container
specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective Date that
results in Contractor being required to replace Collection Containers before they have been fully depreciated,
Contractor will be eligible for additional compensation in accordance with Section 30.01.1.
12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service
Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new
Commercial and MFD/MXD Service Units that are added to Contractor's Service Area during the term of
this Agreement. The size and mix of the Collection Containers will be in accordance with the service
agreement obtained by Contractor as set forth in this Agreement and the distribution must be completed
within five (5) Work Days of receipt of the request for service.
12.02.2 Replacement of Collection Containers. Contractor's employees must avoid
damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by
the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no
cost or inconvenience to the Service Recipient.
12.02.2.1 Each Commercial Service Unit is entitled to the replacement of
one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial
term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the
cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per
Commercial Service Unit during the initial term of the Agreement, in accordance with the "Collection
Container Exchange" Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a
replacement Collection Container to such Service Unit within five (5) Work Days.
57
12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection —'
Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such
repairs, Contractor must repair/repaint the Collection Container or if necessary, remove the Collection
Container for repairs and deliver a replacement Collection Container to the Service Recipient. Collection
Container repair also includes the removal of graffiti from the Collection Container.
12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service
Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection
Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible
to receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement.
Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1)
Collection Container exchange per Calendar Year, in accordance with the appropriate "Collection Container
Exchange" service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional
Collection Containers or different size Collection Containers are subject to the applicable Service Rate set
forth in Exhibit 1.
12.02.5 Ownership of Collection Containers. Ownership of Collection Containers
distributed by Contractor is vested in Contractor.
12.02.6 Cleaning of Collection Containers. Once each Calendar Year, if requested by the
Commercial Service Unit, Contractor must clean all Collection Containers at the Commercial Service Unit's
premises or must replace the dirty Collection Containers with clean Collection Containers. Any Collection
Container cleanings must be done in such a manner that results in no water entering the City's storm drain
system. This service must be provided at no charge to the Service Unit, so long as the service is not
requested more than once per Calendar Year. In addition, regardless of whether or not this cleaning is
requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned on an as -
needed basis so as to maintain a clean appearance and proper function. Additional cleanings beyond once
each Calendar Year will be subject to the Service Rate set forth in Exhibit 1.
12.03 Commercial Garbage Collection Service.
12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection
Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in
Garbage Collection Containers, where the Garbage Collection Containers are accessible.
12.03.2 Size and Frequency of Service. This service must be provided as deemed
necessary and determined between Contractor and the Commercial Service Unit, but such service must
be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except
that Collection service scheduled to fall on a holiday may be rescheduled as determined between the
Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the container
and the frequency (above the minimum) of Collection will be determined between the Commercial Service
Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need
be placed outside the Collection Container. Contractor must provide containers as part of the Commercial
58
Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own
Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and
such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers
used by Service Recipients must be owned and supplied by Contractor.
12.03.3 Non -Collection. Contractor is not required to Collect any Commercial Solid Waste
that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the
Garbage Collection Container because of overflow. In the event of non -collection or overflow, Contractor
must follow the steps as set forth in Section 5.13.
12.03.4 Disposal Facility, All Solid Waste collected as a result of performing Commercial
Solid Waste Collection Services must be transported to, and disposed of, at the Disposal Facility. In the
event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose of Solid Waste
at another legally permitted disposal facility. Failure to comply with this provision will result in the levy of a
penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. City
has the right to designate Disposal Facility and agrees to adjust Maximum Service Rates to reflect City's
exercise of flow control rights.
12.04 Commercial Recycling Service. This service is governed by the following terms and
conditions:
12.04.1 Conditions of Service. Contractor must provide Commercial Recycling Service to
all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in
Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are
accessible. The Maximum Service Rates for Contractor's Commercial Recycling Services are set forth in
Exhibit 1.
12.04.2 Base Commercial Recycling Service. All Commercial Service Recipients
subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling
Materials with a minimum of at least one 96-gallon Recycling Cart per Service Recipient and included in
the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling Collection Container sizes to
be provided will be based on the total equivalent volume and configured in a manner determined by the
Service Recipient in consultation with Contractor.
12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary
and determined between Contractor and the Service Recipient, but such service must be received no less
than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service
scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and
Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection
Container at the option of the Service Recipient. The size of the Collection Container and the frequency
(above the minimum) of Collection will be determined between the Service Recipient and Contractor.
However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed
outside the Collection Container. Contractor may charge for Commercial Recycling Services above the
59
weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled '—
Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor
provided that the Service Recipient is completely responsible for its proper maintenance, and such
Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used
by Service Recipients must be owned and supplied by Contractor.
12.04.4 Recycling - Improper Procedure. Contractor is not required to Collect Recyclable
Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid
Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are
contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
Contractor must follow the steps as set forth in Section 5.07.
12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of
performing Recycling Services must be delivered to the Materials Recovery Facility listed in Exhibit 9.
Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may
result in Contractor being in default under this Agreement. All expenses related to materials processing and
marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery
Facility and agrees to adjust Maximum Service Rates to reflect City's exercise of flow control rights.
12.04.6 Recycling - Changes to Work. Should changes in law arise that necessitate any
additions or deletions to the work described herein including the type of items included as Recyclable _.
Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement
amendment covering such modifications to the work to be performed and the compensation to be paid in
accordance with Section 30.01.1 before undertaking any changes or revisions to such work.
12.04.7 Compliance with AB 341 & SB 1383. Contractor will develop and maintain its
Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve
and maintain compliance with AB 341 and SB 1383. Contractor will notify Commercial Service Recipients
of the requirements to comply with the laws in November 2023, and not less than annually thereafter.
Contractor must provide the necessary volume of Collection Service to Commercial Service Units in order
to be in full compliance with the law. In conjunction with the City's ordinance supporting full compliance with
AB 341 and SB 1383 by Commercial Service Units (i.e., "generators"), Contractor will conduct in -person
outreach to all non -participating commercial covered generators a minimum of once per calendar year.
Failure to conduct such outreach will result in a penalty as specified in Exhibit 6.
12.04.8 Additional Recycling Collection containers. Contractor must provide additional
Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within
five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that
additional Collection Containers are used by Service Recipients for the purposes of setting out additional
Recyclable Materials for regular weekly Commercial Recycling Service.
12.05 Commercial Organic Waste Collection Service. This service is governed by the following
terms and conditions:
12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste
Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly
containerized in Organic Collection Containers, where the Organic Waste Collection Containers are
accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the
specific materials to be included the Service Recipient's Organic Waste Collection. Contractor will charge
for collection of Organic Waste within the Bundled Service rate specified in Exhibit 1. For Organic Waste
collected in Collection Containers beyond the size specified in the Bundled Service rate, Contractor will
charge at the rate set forth in Exhibit 1. Contractor agrees that not all Service Units will elect to receive
Organic Waste Collection Service in Carts, and that Contractor will provide Organic Waste Collection Bins
upon request and as necessary. Service Recipients may elect to add Green Waste only Collection Bins to
their service at pricing included in Exhibit 1. Contractor will provide a sufficient number of Collection
Containers and at a collection frequency to allow for any such Service Unit to utilize the collection of Organic
Waste. Commercial Organic Waste Collection will occur Monday through Saturday upon request and as
necessary. City shall provide Contractor a list of the names and addresses of Commercial Service Units
that are approved by City for exemption from Organic Waste Collection.
12.05.2 Organic Waste Processing Services. Contractor must ensure that all Organic
Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB
1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must
ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except
-- for residue resulting from processing. If the organics processing facility accepts bagged organic waste, then
Contractor is obligated to accept bagged Organic Waste.
12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer
station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified
in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to
designate Organic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City's
exercise of flow control rights.
12.05.4 Organic Waste Collection Frequency, Contractor must comply with CalRecycle
collection frequency requirements as they may apply during the term of this Agreement. If any such changes
to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce
the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its
collection costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must
provide City with its estimate of reduced its costs and shall make adjustments to the Maximum Service
Rates.
12.05.5 Base Commercial Organic Waste Service. All Commercial Service Recipients
subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent
volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient included in the Bundled
61
Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided will be
based on the total equivalent volume and configured in a manner determined by the Service Recipient in
consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth
in Exhibit 1 for Commercial Organic Waste Service greater than the base 32-gallon Organic Waste Cart.
12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary
and determined between Contractor and the Service Recipient, but such service must be received no less
than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service
scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and
Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart
at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of
Collection will be determined between the customer and Contractor. However, size and frequency must be
sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service
Recipients may own and provide their own Compactor provided that the Service Recipient is completely
responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's
equipment. All other Collection Containers used by Service Recipients must be owned and supplied by
Contractor.
12.05.7 Organic Waste -Improper Procedure. Contractor is not required to Collect Organic
Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable
Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through
commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow
the steps set forth in Section 5.07.
12.05.8 Organic Waste - Changes to Services. Should changes in law arise that
necessitate any additions or deletions to the services described in this Section including the type of items
included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into an
Agreement amendment covering such modifications to the services to be performed and the compensation
to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions to such services.
12.05.9 Compliance with AB 1826 & SB 1383. Contractor will develop and maintain its
Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients
to achieve and maintain compliance with AB 1826 and SB 1383. Contractor will notify non-exempt covered
businesses of the requirements to comply with the law in November 2023, and no less than annually
thereafter. Contractor will offer to provide the volume of collection service that covered businesses require
to be in compliance with the law. In conjunction with the City's ordinance supporting full compliance with
AB 341, SB 1383 and AB 827 by Commercial Service Units (i.e., "generators"), Contractor will conduct in -
person outreach to all non -participating non-exempt commercial covered generators as specified in Section
20.02. Failure to conduct such outreach will result in a penalty as specified in Exhibit 6.
12.05.10 Additional Organic Waste Collection Containers. Contractor must provide
additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided
62
that additional Collection Containers are used by Service Recipients for the proposes of setting out
additional Organic Waste materials for regular weekly Organic Waste Collection Service.
12.05.11 Manure Collection Service. Contractor shall Collect all Manure placed in
an Organic Waste Container at least once per week, or more often if arranged between Service Recipient
and Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or
weight, so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes
regarding the maximum weight that may be accommodated in such Containers. All Manure collected shall
be diverted from landfilling through composting or other means and may not be collected or commingled
with Garbage.
12.05.11.1 Manure Cart Collection. Contractor shall provide Manure
Collection Service to Commercial Customers that utilize Cart service for Manure Collection Service may be
charged no more than the Maximum Service Rates as set forth in Exhibit 1.
12.05.11.2 Manure Bin Collection. Contractor shall provide Manure Collection
Service to Commercial Customers that utilize Bin service for Manure Collection Service may be charged
no more than the Maximum Service Rates as set forth in Exhibit 1.
Article 13. Mixed Use Dwelling Service (MXD)
13.01 MXD Collection Service. As in Section 12.01.
13.02 MXD Solid Waste Collection Service. As in Section 12.03.
13.03 MXD Recycling Service. As in Section 12.04.
13.04 MXD Move In/Out Collection Service. As in Section 10.08.4.
13.05 MXD Organic Waste Collection Service. As in Section 12.05.
13.06 MXD Large Item Collection Services. As in Section 10.10; Contractor may charge Service
Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1.
Article 14. City Services
14.01 City Collection Conditions of Service. City Collection Services shall be governed by the
following terms and conditions:
14.01.1 City Collection Services. Contractor shall provide Garbage, Recycling, and
Organic Waste Collection Services to all City Service Units set forth in Exhibit 3, or as City may designate
in the future (and where applicable, subject to the conditions in this Section), where the Containers are not
blocked and are accessible by Contractor's Collection Vehicles.
M3
14.01.2 Contractor's Good Will. In exchange for the good will of the City and the general
public, Contractor voluntarily agrees to provide Collection Services under this Article at no cost to the City
excepting excess service as provided in this Article, and warrants that such service shall neither impact the
Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients.
14.01.3 Contractor shall receive written permission from the City before placing any
Collection Containers on City owned property for service, except that no such permission shall be needed
to place Collection Containers at locations specified for such Containers in Exhibit 3.
14.01.4 Contractor shall limit the number of trips and the path of travel for Collection
Vehicles in City parking lots.
14.01.5 Container Service. City Facilities shall be provided Collection Services generally
subject to the same terms and conditions as similar Service Units with regard to Container specifications,
repair, replacement, cleanings, and exchange; provided the City shall not be charged for any requests for
such services.
14.01.6 Frequency of Service. The frequency of collection may be designated by the City,
but not to exceed six (6) times per week per container. City may change the City Service Units receiving
service, and the container volume and Collection frequency provided to any City Service Unit, by written
notice to Contractor.
14.02 City Clean -Up Services.
14.02.1 City's Enforcement Clean -Up Services. Within one (1) Work Day of a request from
the Agreement Administrator, Contractor shall provide Roll -off Containers to support City's Enforcement
Clean -Up Services in the Service Area. City shall be responsible for loading or arranging for loading of each
Roll -off Container. Contractor shall collect, transport and deliver City Code Enforcement Clean -Up Services
Garbage, Recyclable Material, and Organic Waste to a Disposal Facility, the Materials Recovery Facility,
or Organics Processing Facility, as appropriate given the characteristics of the load. Contractor shall deliver,
and collect, transport and process the City's Enforcement Clean -Up Services waste from up to sixty (60)
Roll -off Containers each Agreement Year at no charge to the City. Contractor shall be entitled to charge
the City for collected materials exceeding sixty (60) collections per Agreement Year in accordance with the
Service Recipient Rates as set forth in Exhibit 1.
14.02.2 Abandoned Waste/Illegal Dumping Reporting. When conducting service within the
City, Contractor shall direct its Collection Vehicle drivers to report to Contractor sightings of illegal dumping
of Waste by recording: (i) the addresses of any Service Area where Garbage, Recyclable Material, and/or
Organics Waste is accumulating; and (ii) the address, or other location description at which Garbage,
Recyclable Material, and/or Organics Waste has been dumped. Contractor shall report to the City sightings
and the recorded address within three (3) Work Days.
64
14.02.3 Abandoned Waste/Illegal Dumping Clean-up. At City's direction, Contractor shall
collect, transport and process dumped items based on high volume sites throughout City and specific
customer complaints, at no additional charge to City. At all times possible, Contractor will manage requests
through the City's Resident Service Center (RSC) system or any other reporting system utilized.
14.03 City -Sponsored Events Service. Upon request by the City, Contractor shall provide
Containers and Collection Services at City -Sponsored Events upon request, including but not limited to those
specified in Exhibit 2, at no cost to the City.
14.04 Large Item Collection Service. Contractor shall collect Large Items, including E-Waste and
Universal Waste, from City Services Units as listed on Exhibit 3 on an on -call basis on the same terms and
conditions as are provided to SFD Service Units per Section 10.10 at rates specified in Exhibit 1.
Article 15. Additional Services
15.01 Large Item Drop-off. Service Recipients may drop-off household Bulky Items, generated at
their own Residential Premises, excluding Construction and Demolition Debris, at the Contractor's
designated site within the City between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday and
between 8:OOa.m. and 12:00 p.m., one Saturday per month. Contractor shall not charge Service Recipients
for accepting, processing, or Disposing of Bulky Items so delivered. Contractor shall handle all Organic
Waste, Recyclable Materials, and electronic waste so deposited at its facility in accordance with all
Applicable Laws and regulations. Proof of service address and identification will be required to utilize this
service.
15.02 Neighborhood Clean -Up Events. Contractor shall provide Collection Services at
Neighborhood Clean -Up Events at a maximum of twelve (12) per year upon request by City. Each event
shall occur on a Saturday between the hours of 8:00 a.m. and 12:00 p.m. at a location selected by the City
and shall be limited to SFD, MFD, and MXD Service Recipients within the City. Contractor shall provide a
maximum of three (3) 40-yard Roll -off Containers per event. The Agreement Administrator shall notify
Contractor in writing or e-mail not less than eight (8) weeks prior to the date of the Neighborhood Clean -Up
Event. The services shall be provided in a manner that meets all needs of the Neighborhood Clean -Up
Event. The events must not occur during the week prior, the week of, or the week after a Holiday. The events
shall be conducted by Contractor at no cost of any kind to the City. Contractor shall provide staffing to support
City management at all times during the Clean -Up Days Events.
15.02.1 Contractor shall prepare and distribute to SFD, MFD, and MXD Residential Service
Recipients Neighborhood Clean -Up Event notices no later than six (6) weeks prior to each event. At a
minimum, the dates and hours of operation, locations of the collection sites, and acceptable materials for
collection shall be included in the notices. Contractor may separately mail electronically transmit the notices
or provide the notices as billing inserts to each SFD, MFD, and MXD Residential Service Recipient.
Contractor shall provide Spanish -translated notices upon request by the City. The costs of production,
printing, mailing and all associated costs for the notices shall be borne by Contractor. Contractor shall also
provide their information in digital format to the City.
65
15.03 Mulch or Compost Delivery. At no cost to the City, Contractor must assist City in arranging
for produced compost/mulch, or other recovered organic waste products to comply with SIB 1383
procurement requirements to be delivered in qualities, quantities, locations and times agreed on between
City and Contractor. Such Contractor assistance can be in the form of backhauling materials or setting aside
locations for Service Recipients to pick up produced compost/mulch at an approved facility. Contractor
agrees to provide up to 7,700 cubic yards of compost or mulch to the City annually.
15.04 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to
the City's Edible Food Recovery program as required under SIB 1383. Contractor support may include
educating commercial edible food generators, providing records of site visits, conducting education efforts,
providing lists of food recovery organizations, and coordinating with Agreement Administrator.
15.05 Free Paper Shredding Events. Up to four (4) times per year, at no additional cost to City or
its residents, Contractor will conduct a free paper shredding event at a location as determined by the City.
At each event, all City residents will be permitted to deliver an unlimited amount of paper for shredding free
of charge by Contractor. Contractor must arrange for all shredded paper generated by each event to be
processed in such a manner so as to ensure the diversion of this material from landfilling.
Article 16. Collection Routes
16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely
defining Collection routes, together with the days and the times at which Collection will regularly commence.
16.02 Initial Route Changes. Contractor agrees not to change any Residential Collection Services
routes in effect as of the Effective Date of this Agreement prior to July 1, 2024, with the exception of limited
route changes that may be necessary for new development, and subject to review and approval by the City.
After July 1, 2024, if any re-routing of Residential Collection services is necessary for collection efficiency,
Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than
sixty (60) calendar days prior to the proposed date of implementation. Any such initial routing change may
not affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and
approval.
16.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed
route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of
implementation. Contractor may not implement any route changes without the prior review of the Agreement
Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify
those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date
of implementation.
16.04 Collection Route Audits. City reserves the right to conduct audits of Contractor's Collection
routes. Contractor must cooperate with City in connection therewith, including permitting City employees or
agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits.
Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of
any person designated by the Agreement Administrator to conduct such audits.
Article 17. Minimum Performance and Diversion Standards
17.01 Agreement Extension. In order to receive the Agreement term extension, offer set forth in
Section 2.02 of this Agreement, Contractor must meet or exceed the following annual minimum performance
and diversion standards in each Calendar Year beginning January 2024, unless otherwise approved by City
Council.
17.01.1 Performance Standards. Assessment of penalties and charges, as set forth in
Exhibit 6 of this Agreement, totaling less than $50,001 in any one (1) Calendar Year.
Article 8.
17.01.2 Minimum Diversion Standards. Contractor must meet the requirements set forth in
17.01.3 No Current Default. Contractor is not currently in default of the Agreement.
17.02 Billinq Audit and Performance Reviews.
17.02.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is
to determine that the amount which the Contractor is billing each Customer is correct with regard to the
level of service (i.e., frequency of collection, size of container, location of container) at the rates approved
by City Council resolution. The Contractor shall review Customer accounts not less than annually and
provide a written certification to the City that all such billing is correct. The documentation of the review, as
well as verification that any errors have been corrected should be provided to the City annually.
17.02.2 Selection and Cost. City may conduct billing audit and performance reviews
(together, "reviews") of Contractor's performance during the term of this Agreement, as provided herein.
The reviews will be performed by the City or a qualified firm under contract to City. City will have the final
responsibility for the selection of the firm. City may conduct reviews at any time during the term of the
Agreement. City and Contractor agree to each pay fifty -percent (50%) of the cost of the audits and
performance reviews provided for under Section 17.02.
17.02.2.1 Full Reviews During Initial Term. City may conduct two (2) full
reviews with costs apportioned as stated in Section 17.02.2 during the Initial Term of this Agreement. The
purpose of these full reviews will be as described in Section 17.02.3 below.
17.02.2.2 Full Review During Extension Period. In the event that Contractor
is granted an extension to the term of this Agreement as described in Section 2.02, City may conduct one
(1) additional full review during each of the five (5) year extension periods. The purpose of this full review
is described in Section 17.02.3. For each of these full review costs will be apportioned as stated in Section
17.02.2.
e
17.02.3 Purpose. The reviews will be designed to verify that customer billing rates have
been properly calculated and they correspond to the level of service received by the customer, verify that
Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this
Agreement have been properly calculated and paid to City, verify Contractor's compliance with the reporting
requirements and performance standards of this Agreement, verify the diversion percentages reported by
Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize
a variety of methods in the execution of this review, including, but not limited to, analysis of relevant
documents, on -site and field observations, and interviews. City (or its designated consultant) will review
and document the items in the Agreement that require Contractor to meet specific performance standards,
submit information or reports, perform additional services, or document operating procedures, that can be
objectively evaluated. This information will be documented and be formatted in a "compliance checklist"
with supporting documentation and findings tracked for each of the identified items. The review will
specifically include a determination of Contractor's compliance with the diversion requirements of Article 8,
and the public outreach and education requirements of Article 20. City (or its designated consultant) may
review the customer service functions and structure utilized by Contractor. This may include Contractor's
protocol for addressing customer complaints and service interruption procedures. Complaint logs may be
reviewed, along with procedures and systems for tracking and addressing complaints. On -site and field
observations by City (or its designated consultant) may include, but are not necessarily limited to:
17.02.3.1 Interviews and discussions with Contractor's administration and
management personnel;
17.02.3.2 Review and observation of Contractor's customer service functions
and structure;
17.02.3.3 Review of public education and outreach materials;
17.02.3.4 Interviews and discussions with Contractor's financial and accounting
personnel;
17.02.3.5 Interviews with route dispatchers, field supervisors and managers;
17.02.3.6 Interviews with route drivers;
17.02.3.7 Interviews with vehicle maintenance staff and observation of
maintenance practices; and
17.02.3.8 Review of on -route Collection Services, including observation of driver
performance and collection productivity and visual inspection of
residential routes before and after collection to evaluate cart
placement and cleanliness of streets.
17.02.4 Contractor's Cooperation. Contractor shall cooperate fully with the review and
provide all requested data, including operational data, financial data of the type described in Section
17.01.1, and other data reasonably requested by City within fifteen (15) Work Days of the request.
17.02.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit
and Performance Review concludes that Contractor is not in compliance with all terms and conditions of
this Agreement and such non-compliance is material, Contractor is subject to administrative fees and
penalties as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus
any underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit
and Performance Review beyond the two (2) specified in Section 17.02.2, to ensure that Contractor has
cured any such area of non-compliance. Contractor will be responsible for the cost of any such Additional
Billing Audit and Performance Review for a maximum cost of One -hundred Twenty Thousand Dollars
($120,000) (starting on July 1, 2024 and each January 1st thereafter, with the maximum cost for the review
adjusted annually by the change in the CPI). For the purposes of a determination of non-compliance under
this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed
material.
17.02.6 City Requested Program Review. City reserves the right to require Contractor to
periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs,
provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor
and without interfering with Contractor's operations. Such reviews could assess one or more of the following
performance indicators: average volume of Recyclable Materials per setout per customer, average volume
of Organic Waste per setout per customer, participation level, contamination levels, etc. Prior to the program
evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the
method, scope, and data to be provided by Contractor.
17.03 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its
agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to
investigate customer participation levels and setout volumes and/or evaluate and monitor program results
related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that
such cooperation can be accomplished at no additional cost to Contractor and without interfering with
Contractor's operations.
Article 18. Collection Equipment
18.01 General Provisions. All equipment used by Contractor in the performance of services under
this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality
standards, including all applicable provisions of Air Quality Management District. Collection vehicles must
be designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers
must be closed on top and on all sides with screening material to prevent collected materials from leaking,
blowing or falling from the vehicles. All trucks and containers must be watertight and must be operated so
that liquids do not spill during Collection or in transit.
Vt
18.02 Large Items. Vehicles used for Collection of Large Items may not use compactor
mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other
gases from pressurized appliances.
18.03 Collection Vehicles. Contractor must use new Collection Vehicles as of the
Commencement date and may not use any Collection Vehicle that is more than ten (10) years old during
the term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its
address within the City, and shall report all purchases of Collection Vehicles under this Agreement as
attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon ("alternative") fuel,
which must be renewable natural gas, LNG, CNG, or electric unless otherwise authorized by the City. If
during the term of the Franchise Agreement, new technologies are available such as hybrid or electric
powered collection vehicles, the City or the Contractor may request/negotiate implementation of such new
collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or
savings. During the Term, to the extent required by law, Contractor shall provide its Collection Vehicles to
be in full compliance with all Applicable Laws, including State and Federal clean air requirements that are
adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy
Duty Engine Standards as currently proposed to be contained in California Code of Regulations, title 13,
sections 2020 et seq., the Federal EPA's Highway Diesel Fuel Sulfur regulations and all other applicable air
pollution control laws.
18.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS
tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed.
Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary
for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection
Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped,
to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must
be accessible by City.
18.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use
any Collection Vehicle in violation of weight limitations in Applicable Law. The Contractor may exceed the
Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the
prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor
must report all instances of overweight vehicles to City as part of its quarterly Franchise Fee submittal
described in Section 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor
may be assessed administrative charges as specified in Exhibit 6 as a result of exceeding an overweight
vehicle rate of five percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight
vehicle rate will be calculated as the total number of overweight Collection Vehicle instances during the
Calendar Year, divided by the total number of Collection Vehicle loads transported during the Calendar Year.
Prior to collecting administrative charges for overweight vehicles, the City shall afford Contractor a
reasonable opportunity to provide the Agreement Administrator documentation of the extraordinary
circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case
include, but may be limited to, heavy rains or high winds that caused excess Green Waste to be generated,
70
rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to
extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor's
documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the
charge. The Agreement Administrator shall also have the authority to waive charges in advance of an
anticipated, or in response to and actual, emergency event.
18.06 Registration; Inspection. All vehicles used by Contractor in providing Collection Services
under this Agreement, except those vehicles used solely on Contractor's premises, are to be registered with
the California Department of Motor Vehicles. In addition, each such vehicle must be inspected by the
California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of a request from
the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and any
safety compliance report, including, but not limited to, any report issued under California Vehicle Code
sections 34500 and following, as well as the biennial "BIT" inspections conducted by the California Highway
Patrol.
18.07 Safety Markings, All Collection equipment used by Contractor must have appropriate safety
markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and
warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle
Code, as may be amended from time to time.
18.08 Vehicle Signage and Paintinq. Collection Vehicles must be painted and numbered without
repetition and must have Contractor's name, Contractor's customer service telephone number, and the
number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and
the rear of each vehicle. All Collection Vehicles shall display the words "Servicing the City of Santa Clarita"
in letters no less than two inches (2") high and the City Seal. No advertising is permitted other than the name
of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable
Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of
the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractor's Collection
Vehicles and may require such promotion to be utilized from time to time in order to encourage correct
recycling, reduce contamination, and provide relevant education. Contractor must repaint all vehicles
(including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a
positive public image as reasonably determined by the Agreement Administrator, but not less often than
once every five years beginning July 1, 2023.
18.09 Bin and Roll -off Signage, Painting, and Cleaning_ All metal bins and Roll -offs of any service
type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll -offs must
display Contractor's name, Contractor's customer service telephone number, and the number of the Bin or
Roll -off and must be kept in a clean and sanitary condition. Bins and Roll -offs should be free of dents and
graffiti and newly painted at the start of this Agreement, and painted as needed to maintain an orderly
appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins
and Roll -offs may be subject to periodic, unscheduled inspections by City and determination as to sanitary
condition will be made by City.
71
18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services
under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to
Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations
promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California
Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to
the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates
and reports available for inspection upon request by the Agreement Administrator. Subject to State of
California implementation.
18.10.1 No later than July 1, 2023, Contractor must submit to the Agreement Administrator
verification that each of the Contractor's Collection Vehicles has passed the California Heavy Duty Vehicle
Inspection. Thereafter, Contractor must cause each vehicle in Contractor's Collection fleet to be tested
annually in the California Heavy Duty Inspection Program and must, upon request, submit written
verification to City within ten (10) Work Days of the completion of such test. Contractor may not use any
vehicle that does not pass such inspection. Subject to State of California implementation.
18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean
condition and in good repair at all times. All parts and systems of the Collection equipment must operate
properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles
at least once a week.
18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles.
The log must at all times be accessible to City by physical inspection upon request of Agreement
Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date
purchased or initial lease, dates of performance of routine maintenance, dates of performance of any
additional maintenance, and description of additional maintenance performed.
18.13 Equipment Inventory. On or before July 1, 2023 Contractor shall provide to City an
inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and
performance of services under this Agreement. The inventory must indicate each Collection Vehicle by
Contractor assigned identification number, DMV license number, the age of the chassis and body, type of
fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the
decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement
Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request
of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as
determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied
by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement.
18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection
equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve
equipment must correspond in size and capacity to the equipment used by the Contractor to perform the
contractual duties.
72
Article 19. Contractor's Office
19.01 Contractor's Office. Contractor shall maintain an office in the City of Santa Clarita,
California. Such office must be equipped with enough telephones that all Collection Service -related calls
received during normal business hours are answered by an employee within five (5) rings. The office must
have responsible persons in charge during Collection hours and must be open during such normal business
hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday and Saturday during Collection Service hours.
Contractor must provide either a local or toll -free telephone number that connects to the call center described
in Section 19.02, and a telephone answering service or mechanical device to receive Service Recipient
inquiries during those times when the office is closed. Calls received after normal business hours must be
addressed the next Work Day morning.
19.02 Customer Service Call Center. Contractor must maintain a local Customer Service call
center in the City of Santa Clarita. Such office must be equipped with enough telephones that all customer
service -related calls received during normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through
Friday and Saturday during Collection Service hours, are answered by an employee within five (5) rings
19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an
emergency phone number where the Contractor can be reached outside of the required office hours.
19.04 Multilingual/TDD Service. Contractor must at all times maintain the capability of responding
to telephone calls in English and such other languages as City may direct. Contractor must at all times
maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf
(TDD) Services.
19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone
answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record
all calls including any inquiries, service requests and complaints into a customer service log.
19.05.1 All incoming calls will be answered at the local office or call center within 5 rings.
Any call "on -hold" in excess of 1.5 minutes must have the option to remain "on -hold" or request a "call-back"
from a customer service representative. Contractor's customer service representatives must return Service
Recipient calls. For all messages left before 3:00 p.m., all "call backs" must be attempted a minimum of one
time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all "call backs" must be
attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three
(3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service
Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service
Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the
Contractor has attempted to return the call.
73
Article 20. Contractor Support Services
20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two
dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct
site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion
requirements and to meet State mandates associated with AB 939, AB 341, AB 1826, AB 827, AB 1594, SB
1016, and SB 1383, and all amendments and related subsequent legislation. The Sustainability/Compliance
Representatives shall be available as needed to meet with the City and conduct site visits to implement
Recycling and Organics programs in the Service Area at least four days a week throughout the year. City
may request monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling
programs, Billing or Service Recipient service issues, and day to day operations. City and Contractor agree
to meet and confer to reevaluate the ongoing need for two dedicated full-time Sustainability/Compliance
Representatives on or around July 1, 2025 (two years from the Commencement Date).
20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit
and implement an annual (Calendar Year) Sustainability and Compliance Plan ("Plan"), which will guide
Contractor's staffs' work efforts. This Plan will include measures to meet diversion targets, increase
diversion, and increase participation of Service Recipients in recycling and organics diversion programs, and
should target certain Recyclable Materials or "problem" areas, including recycling and organics sorting and
contamination, within Contractor's Service Area where improvements can be maximized. Planned outreach
and education services, and outreach materials should be included as part of the Plan and updated annually.
Targets of outreach should be based on local trends and recycling patterns from data obtained by both the
City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education
services throughout the term of this Agreement by providing outreach materials to Service Recipients
electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to
the Commencement Date and by August 1 st each year thereafter for the term of the Agreement. City review
and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final
Plan to City by April 1, 2023 for first year and thence by November 1 st each year thereafter for the term of
the Agreement. Contractor's Plan is provided in Exhibit 10. Contractor will be required to expend at least
seventy-five thousand dollars ($75,000) per year (as adjusted annually by the CPI Adjustment), for the
development of the Plan and its implementation, which may not include personnel costs associated with the
Sustainability/Compliance Representative. The Sustainability and Compliance Plan must include the
following:
20.02.1 City -Specific Website. Contractor shall maintain a City -specific website that fully
explains the Contractor's current services and rates, the diversion options available, and allows Service
Recipients to submit service changes, inquiries, complaints or queries. The website must describe and
promote the use of the available Recyclable Materials and Organics services. Contractor's local website
must provide information specific to the City's programs. Contractor will ensure that information provided
on the website is maintained and up-to-date. Content will include proper container set out, educational
materials, newsletters and program descriptions.
74
20.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable
materials on its website, and promote proper recycling to all Service Recipients. Contractor shall consult,
collaborate, and coordinate its recycling outreach and educational materials and activities with the City and
incorporate the City's input on the Contractor's recycling resources and programs.
20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to
educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational
information should include brochures, school resources such as recycling curriculums, kid's activity flyers,
posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational
material, and conduct onsite outreach annually to all school campuses in the franchise area that are
serviced by the Contractor. Materials must be approved by City before distribution. Examples include:
Recyclable Materials list, Recycling tips, battery and bulb education, Food Waste collection and donation,
and HHW education. Educational material shall be distributed to campuses by mail and/or in person on or
before September 30tn annually, and site visits must be completed by November 301n
20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling
(MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not
subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate
method for Diverting Organic Waste, in conformance with SB 1383 and AB 1826. These notices shall also
notify businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before
..� the last day of the month following the end of the quarter.
20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial
Recycling (MCR) compliance notices quarterly to all eligible Commercial entities and MFD's that do not
subscribe to recycling collection service with the Contractor, and/or do not provide an alternate method for
diverting recyclable materials, in conformance with AB 341. These notices shall also notify businesses of
requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the
month following the end of the quarter.
20.02.6 MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial
entities and MFDs/MXDs once per year for the first three years and thereafter every other year for
businesses that subscribe to Organics Collection Service and every year for businesses that do not
subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall
conduct visits on or before June 30tn
20.02.7 MCR Site Visits. Contractor shall conduct site visits to all eligible Commercial
entities and MFDs/MXDs once per year for the first three years and thereafter every other year for
businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe
to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30tn
20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for
twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers
on how to improve overall resource efficiency.
75
20.02.9 Compliance Reporting. Contractor shall report contaminations and overage
issues via the City's Waste Reporting System.
20.02.10 Riqht-sizing Containers. Contractor must right -size Collection Containers
to maximize diversion from SFD, MFD, MXD and Commercial Service Recipients.
20.02.11 Education and Outreach Materials. Contractor must implement public
education and outreach in conformance with applicable laws (e.g., SB 1383, AB 1826, AB 827, AB 939, AB
341, AB 1594, etc.) and in coordination with the City. Contractor shall attend public events and host booths
to promote recycling education and awareness. Contractor will work with City to identify which special
events will be attended. Contractor, together with City, shall work with local media to ensure information on
new programs, events, recycling, organics etc. is communicated to the community. Contractor shall use a
variety of options such as local paper, news, websites, social media, Homeowners Associations, schools
and civic groups to distribute information and education about City solid waste and recycling programs, and
events. Contractor shall distribute educational material to Service Recipients a minimum of once a quarter
by mail or electronically. These materials should include tips on recycling properly, use of organics
containers, composting, battery and electronics education, prevention of contamination issues, proper
Collection Container placement, resource information, and HHW education.
20.02.12 Service Recipient Personnel Training. Contractor shall advise and
educate appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial
Service Units on methods and recommendations to increase recycling and decrease landfilling including
best practices for recycling, waste reduction and availability and use of in-house recycling containers.
20.02.13 Available Services Notice and Information. At least annually Contractor
must publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range
of services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected,
(ii) procedures for setting out materials, (iii) the days when Garbage Collection Services, Recycling
Services, and Organic Waste Collection Services will be provided, (iv) Contractor's local customer service
phone number, (v) instructions on the proper filling of Containers, (vi) instructions as to what materials may
or may not be placed in Recyclable Materials or Organic Waste Containers, (vii) how to select Container
sizes to maximize diversion, (viii) participation in Recycling and Organic Waste programs, (ix) the fees for
overage and Contamination in the event of non-compliance, (x) the availability of on -premises Collection
Services, including the availability of no -charge on -premises Collection Services for qualified persons, (xi)
Large Items Collection Services, (xii) the dates and locations of Neighborhood Cleanup days, and (xiii) the
dates and locations of Free Large Item Drop-off days. The notice must be provided in English, and other
languages as directed by the City, and must be distributed by Contractor no later than February 1st of each
year.
20.02.14 Approach to Meeting City's Diversion Requirements. Contractor must
document approach to meeting City's diversion requirements by specific diversion program type (SFD,
MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific
76
and public education programs. This must include an implementation schedule showing the specific
programs and tasks, milestones, and time frames for meeting the diversion requirements.
20.02.15 Tonnage Table. Contractor must provide as part of the Plan, a tonnage
table segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for
Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for
each calendar year of the Franchise Agreement.
20.02.16 Environmental Stewardship. Contractor must describe all environmental
management policies and activities related to the solid waste collection service, including the use of
alternative fuel vehicles, reduction of air emissions and wear and tear on the City's streets, use of recycled
products throughout operations, internal waste reduction and reuse protocol, water and resource
conservation activities within facilities (design, construction and operation), compliance with laws governing
e-waste, HHW, and u-waste, and use of non -toxic products when possible.
20.03 News Media Relations. Contractor will work with local media to ensure information is
communicated to community (new programs, events, recycling information, etc.). Contractor to use options,
such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the
Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services
covered under this Franchise Agreement within one (1) Work Day of Contractor's receipt of the request.
When practicable, before responding to any inquiries involving controversial issues or any issues likely to
affect participation or customer's perception of services, Contractor will discuss Contractor's proposed
response with the City Agreement Administrator.
20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling
and/or Organic Waste programs by identifying "recycling all-stars" for recognition at a City Council meeting
during each November, beginning November 2024.
20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or
phone of all requests for news media interviews related to the services covered under this Agreement within
one (1) Work Day of Contractor's receipt of the request. When practicable, before responding to any inquiries
involving controversial issues or any issues likely to affect participation or Service Recipient's perception of
services, Contractor will discuss Contractor's proposed response with the Agreement Administrator.
20.05.1 Copies of draft news releases or proposed trade journal articles that use the name
of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for
prior review and approval at least five (5) working days in advance of release, except where Contractor is
required by any law or regulation to submit materials to any regulatory agency in a shorter period of time,
in which case Contractor must submit such materials to City simultaneously with Contractor's submittal to
such regulatory agency.
77
20.05.2 Copies of articles resulting from media interviews or news releases that use the
name of City or relate to the services provided hereunder must be provided to the City within five (5) days
after publication.
20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics
Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers
must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12).
20.07 Mulch or Compost Delivery. At no cost to the City, Contractor must provide City with mulch
or compost materials (i.e., "Recovered Organic Materials") at a volume to allow the City to comply with SB
1383. Contractor must deliver mulch or compost materials at a time and location mutually agreeable between
the City and Contractor. Delivered mulch or compost can be in bulk form or bagged.
20.08 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to
the City's Edible Food Recovery program as required under SIB 1383. Contractor support may include
educating commercial edible food generators, providing records of site visits, conducting education efforts,
and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste
and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting
site visits, and distributing materials.
20.09 Programs and Services. Contractor must provide additional educational and outreach
services and programs as requested by City at a price to be mutually agreed upon between the Contractor ._..
and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a
mutually agreed upon price for the requested service or program, City has the right to procure the service of
other vendors or contractors to provide the requested service.
20.10 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5,
Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8
that present the specific collection and processing programs that will be implemented in the City.
Article 21. Emergency Service
21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire,
natural disaster, or other such event, the Agreement Administrator may grant the Contractor a variance from
regular routes and schedules, which will not be withheld unreasonably. As soon as practicable after such
event, Contractor must advise the Agreement Administrator when it is anticipated that normal routes and
schedules can be resumed. The Agreement Administrator will make an effort through the local news media
to inform the public when regular services may be resumed. The clean-up from some events may require
that Contractor hire additional equipment, employ additional personnel, or work existing personnel on
overtime hours to clean debris resulting from the event. Contractor will receive additional compensation,
above the normal compensation contained in this Agreement, to cover the costs of rental equipment,
additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit
1 provided Contractor has first secured written authorization and approval from City through the Agreement
78
Administrator. City will be given equal priority and access to resources as with other franchise jurisdictions
held by Contractor or its affiliates.
21.02 Disaster Recovery Support. In the event of a tornado, major storm, earthquake, fire, natural
disaster, or other such event, Contractor agrees to provide disaster recovery support upon request by
Agreement Administrator. This may include additional hauling of debris, special handling such as wrapping
waste in plastic (i.e., "burrito wrapping"), temporary storage of debris where feasible, additional disposal, use
of different transfer and disposal facilities, and documentation of debris type, weight, and diversion.
Contractor should follow protocol laid out in the City's Draft Disaster Debris Plan and any subsequent County
or City Disaster Debris Plans, as applied to solid waste hauling and handling.
Article 22. Record Keeping and Reporting Requirements
22.01 Record Keeping. Notwithstanding Article 47 herein:
22.01.1 Accounting Records. Contractor must maintain full, complete and separate
financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Collection
Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such
records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.02.3. Gross
receipts derived from provision of the Collection Services, whether such services are performed by
Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of
Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period
of not less than four (4) years following expiration or other termination hereof, full, complete and accurate
records, including all cash, billing and disposal records, as indicated in the Agreement.
22.01.1.1 City reserves the right to review audited, reviewed, or compiled
financial statements prepared by an independent Certified Public Accountant, or as may be provided by
Contractor or its parent company. In the event that Contractor does not maintain separate financial or
accounting records prepared specifically for services provided under this Agreement, Contractor may use
industry standard allocation methods to provide financial information as applicable to the service provided
under this Agreement.
22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities
of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this
Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for
no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type,
Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under
the terms of this Agreement
22.01.3 Other Records. Contractor must maintain all other records reasonably related to
provision of Collection Services, whether or not specified in this Agreement.
79
22.01.4 Report Format. All reports to be submitted in a format approved by the City, —'
including electronic data submission in the City's Waste Reporting System and in a format specified by the
City.
22.02 Quarterly Reporting.
22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last
day of the month following the end of Quarter in which the receipts are collected and must be provided
electronically using software acceptable to the City. If the last day of the month falls on a day that City is
closed or a holiday, then the report will be due on the next business day. Failure to submit complete
quarterly reporting by the due date will result in penalties as specified in Exhibit 6.
22.02.2 City Reports. Quarterly reports to City must include:
22.02.2.1 Quarterly Payment Reporting. The payment report must include
an accounting of Contractor's Gross Revenues received during the preceding Quarter, and the calculated
Franchise Fee and Marketing and Sales of Recyclable Materials Payment.
22.02.2.2 Franchised Tonnage and Service Data. Contractor must report the
number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City
accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed
for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste
Diversion operations that are landfilled. Quantities should be broken down by SFD, MFD, MXD,
Commercial, and City Service Collection Services. MXD properties must have tonnage assigned
appropriately to Residential and Commercial generators.
22.02.2.3 Overweight Vehicle Reporting. The quarterly report must include
a summary total of all instances of overweight Collection Vehicles. This summary must include the number
of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads
transported during the reported quarter.
22.02.2.4 Non -Collection. The quarterly report must include a summary of
each Service Unit receiving a Non -Collection Notice in the previous quarter along with a description for the
Non -Collection Notice.
22.02.2.5 On -hold. The quarterly report must include each Service Unit that
was not billed in the previous quarter due to vacation hold, vacancy etc.
22.02.2.5.1 Vacation Hold Requirements. A Service Unit can be
considered under a vacation hold under the following circumstances: a) Service will be suspended for no
less than 3 consecutive months and no more than 6 consecutive months, b) Service will not be suspended
more than once per rolling twelve month period,c) Application is being made at least 14 days in advance of
the suspension start date, d) The property will remain unoccupied during the suspension and no waste will
.c
be generated on site, e) The account balance is current and will be kept current during the suspension
period
22.02.2.6 Collection Overage Charges. The quarterly report must include
each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter.
22.02.2.7 Contamination Reporting. To the extent required by Applicable
Law, the quarterly report must include a summary of all instances of qualifying contamination under the
procedures in Section 5.08. This summary must include the total number of accounts where contamination
occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients,
a list of accounts where such notices occurred, and the total number of instances where Collection
Container size or Collection frequency was increased specifically due to contamination. Within twenty (20)
Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and
the digital documentation of contamination.
22.02.2.8 Service Recipient Complaint Loy. The quarterly report must
include the Service Recipient call log collected from the previous quarter.
22.03 Annual Reporting_
22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January
31, 2024 and each January 31 st thereafter for the previous Calendar Year. If January 315t falls on a day that
City is closed, then the report will be due on the next business day. Annual reports must be submitted
electronically in software acceptable to the City. Failure to submit complete annual reporting by the due
date will result in penalties as specified in Exhibit 6. Annual reports to City must include:
22.03.1.1 Financial Statements. Contractor must make available annual
financial statements for review, upon request by the City, for the local operation. Statements need not be
reviewed or audited statements.
22.03.1.2 Annual Sustainability and Compliance Report. Contractor must
complete and submit data sections within their Sustainability and Compliance Plan to document education
and outreach conducted, public event participation, school visits, compliance notices mailed, site visits,
waste audits completed, information distributed, and media used, and community events hosted. This must
include public education activities undertaken during the year, including distribution of bill inserts, collection
notification tags, community information and events, tours and other activities related to the provision of
Collection Services, and must discuss the impact of these activities on recycling program participation and
include amounts collected from SFD, MFD, MXD, Commercial, and City Service Units. The report should
include a complete list of all non-exempt commercial accounts, which includes each non-exempt account's
status as a "covered generator" under AB 341, AB 1826 and SB 1383, the date and status of Contractor's
outreach efforts at each non-exempt account, and the current level of Recycling and Organics program
participation at each non-exempt account.
81
22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic
Waste Collection, processing and marketing issues or conditions (such as participation, setouts,
contamination, etc.) and possible solutions, discussed separately for Residential and Commercial
programs.
22.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial,
and City Service Units and the number of Collection Containers distributed by size and Service Unit type.
22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste
(Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications.
22.03.1.6 Recycling Data. Gross tons Collected daily on average by material
type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The
average participation rates by quarter relative to the total number of Service Units by Service Unit type.
Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed
including facility name and location, average cost or price received per ton and total recycling cost or
revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed
without compensation. Indicate number of Recycling Collection Containers distributed by size and Service
Unit type. Also provide annual totals and location for residue disposed.
22.03.1.7 Organic Waste Data. Include average daily gross tons Collected
by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of
generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate
average daily number of set -outs by route. Indicate average participation rates relative to the total number
of Service Units in terms of weekly set -out counts. Indicate number of Organic Waste Collection Containers
distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials
processed including facility name and location, average cost or price received per ton and total organics
cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number
of route reviews conducted for prohibited contaminants and the number of Non -Collection Notices issued
to Service Recipients.
22.03.1.8 Customer Service Log. A copy of the customer service log,
including a summary of the type and number of complaints and their resolution. Copies of a written record
of all calls related to missed pickups and responses to such calls.
22.03.1.9 Customer Service Information Sheet. A copy of Contractor's most
recent Customer Service Information Sheet (i.e., customer call center "cheat sheet") for the City of Santa
Clarita, or the equivalent information used by customer service representatives.
22.03.1.10 Overweight Vehicle Data. A summary of all instances of
overweight Collection Vehicles. This summary must also include the number of overweight vehicle
instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar
Year.
82
22.03.1.11 Summary Narrative. A summary narrative of problems
encountered with Collection and processing activities and actions taken. Indicate type and number of Non -
Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury,
significant changes in operation, market factors, publicity conducted, needs for publicity. Include description
of processed material loads rejected for sale, reason for rejection and disposition of load after rejection.
22.03.1.12 Collection Container and Vehicle Inventory. An updated complete
inventory of Collection Containers by type and size, and an updated complete inventory of Collection
Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight,
license plate number, fuel type and vehicle make and model.
22.03.1.13 Diversion Rate. Contractor must provide documentation
acceptable to City in its reasonable judgment stating and supporting the Calendar Year's Franchise
Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and
disposed from large venues and events during the reporting period will be counted towards the calculated
diversion rate.
22.03.1.14 AB 341, AB 1826, and SIB 1383 Compliance Data. Contractor
must report the total number of Commercial and MFD/MXD Service Units serviced and the number of
containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic
Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the
following information separately for both AB 341 and AB 1826:
22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD
Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt
Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD Recycling
Collection Service or Commercial, MFD, or MXD Organics Collection Service.
22.03.1.16 A summary of the type of follow-up outreach that was provided to
those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD,
or MXD Recycling Collection Service or Commercial, MFD, or MXD Organics Collection Service.
22.03.1.17 Contractor shall provide proof of training records for Service
Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit
Discharges and stormwater pollution sources.
22.04 Diversion Calculation and Data. By 5 p.m. PT on August 15, 2024 and annually thereafter
during the term of this Agreement, Contractor must deliver to City, in the format specified by City, the
Calendar Year's Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any
tonnages Diverted and disposed from large venues and events during the reporting period will be counted
towards the calculated Diversion rate.
83
22.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing
annual reports to CalRecycle (the "Electronic Annual Report" or EAR), including but not limited to supplying
required data for preparation of the reports, and completing all required data input in the Waste Reporting
System.
22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule
to comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide
assistance to City in preparing a report, including Contractor's policies and procedures related to
compliance with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or
Organic Waste are collected, a description of the geographic area, routes, list of addresses served and a
method for tracking contamination, copies of route audits, copies of notice of contamination, copies of
notices, violations, education and enforcement actions issued, and copies of educational materials, flyers,
brochures, newsletters, website, and social media.
22.06 Waste Characterization Audit. Contractor must conduct statistically -valid waste audits of
Residential and Commercial Service Recipients' waste once annually, including Recycling, Garbage, and
Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03).
Material types and guidance should follow CalRecycle requirements and/or recommendations.
22.07 Additional Reporting_ Contractor must furnish City with any additional reports as may
reasonably be required, such reports to be prepared within a reasonable time following the reporting period.
Article 23. Nondiscrimination
23.01 Nondiscrimination. In the performance of all work and services under this Agreement,
Contractor may not discriminate against any person based on such person's race, sex, gender, gender
identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all
applicable local, State and Federal laws and regulations regarding nondiscrimination, including those
prohibiting discrimination in employment.
Article 24. Service Inquiries and Complaints
24.01 Contractor's Customer Service. All service inquiries and complaints will be directed to
Contractor. A representative of Contractor must be available to receive the complaints during normal
business hours. Contractor is required to use the City's Resident Service Center (RSC) or any customer
Relationship Management System put in place by the City in the future for handling of customer complaints
received by the City for hauling, illegal dumping, and any other services under this Agreement. Contractor
must participate in mandatory RSC training before using system and at least annually thereafter. Customer
Service training shall include Service Recipient courtesy, shall prohibit the use of loud or profane language,
and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure
that all employees present a neat appearance and conduct themselves in a courteous manner. All service
complaints will be handled by Contractor in a prompt and efficient manner. RSC cases must be addressed
and resolved within three (3) Work Days unless otherwise noted in 24.01.5. In the case of a dispute between
84
Contractor and a Service Recipient, the matter will be reviewed, and a decision made by the Agreement
Administrator.
24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries
and complaints in a manner prescribed by City.
24.01.2 For those complaints related to missed Collections, where Containers are properly
and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service
Unit address and Collect the missed materials before leaving the Service Area for the day. For those
complaints related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will
have until the end of the following Work Day to resolve the complaint. For those complaints related to repair
or replacement of Collection Containers, the appropriate Sections of this Agreement will apply.
24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable
Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed
Collections will normally be Collected as set forth above regardless of the reason that the Collection was
missed. However, in the event a Service Recipient requests missed Collection service more than two (2)
times in any consecutive two (2) month period the Agreement Administrator will work with Contractor to
determine an appropriate resolution to that situation. In the event Contractor believes any complaint to be
without merit, Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator
will investigate all disputed complaints and render a decision.
24.01.4 Contractor's service and emergency telephone numbers must be accessible by a
local (City) phone number or toll -free number. The service telephone number(s) must be listed in the area's
telephone directories under Contractor's name in the White Pages and available through an online search
and listed on the Contractor's website.
24.01.5 For routine service requests generated from either the City or customers, the
Contractor will address and resolve the issue within three (3) working days. More complicated requests
may be extended by the City due to circumstances such as container delivery issues, data requests, or
procurement difficulties. For requests that exceed the time limit to complete the Contractor is subject to
Administrative Charges found in Exhibit 6.
Article 25. Quality of Performance of Contractor
25.01 Intent. Contractor acknowledges and agrees that one of City's primary goals in entering
into this Agreement is to ensure that the Collection Services are of the highest caliber, that Service Recipient
satisfaction remains at the highest level, that maximum diversion levels are achieved, and that materials
Collected are put to the highest and best use to the extent possible.
25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary
importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed
85
in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in
breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public
will necessarily suffer damages and that such damages, from the nature of the default in performance will
be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the
execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages
which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement.
The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact
that: (i) substantial damage results to members of the public who are denied services or denied quality or
reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits
of this Agreement to individual members of the general public for whose benefit this Agreement exists, in
subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary
terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary
loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in
precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies
are, at best, a means of future correction and not remedies which make the public whole for past breaches.
25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may
assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly.
At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written
notice to Contractor ("Notice of Assessment") of the administrative charges assessed and the basis for each
assessment.
25.03.1 The assessment will become final unless, within ten (10) calendar days of the date
of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to
present evidence that the assessment should not be made.
25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the
City Manager as soon as reasonably possible after timely receipt of Contractor's request.
25.03.3 The City Manager will review Contractor's evidence and render a decision
sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written
notice of the decision will be provided to Contractor.
25.03.4 In the event Contractor does not submit a written request for a meeting within ten
(10) calendar days of the date of the Notice of Assessment, the Agreement Administrator's determination
will be final.
25.03.5 City's assessment or collection of administrative charges will not prevent City from
exercising any other right or remedy, including the right to terminate this Agreement, for Contractor's failure
to perform the work and services in the manner set forth in this Agreement.
25.04 Uncontrollable Circumstances.
M.
25.04.1 If either party is prevented from or delayed in performing its duties under this
Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation,
acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes,
other natural disasters, the threat of such natural disasters, pandemics (or threat of same), quarantines,
civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor
disturbances, acts of government or governmental restraint or other causes, whether of the kind
enumerated or otherwise, that are not reasonably within the control of the affected party, then the affected
party will be excused from performance hereunder during the period of such disability.
25.04.2 The party claiming excuse from performance must promptly notify the other party
when it learns of the existence of such cause, including the facts constituting such cause, and when such
cause has terminated.
25.04.3 The interruption or discontinuance of services by a party caused by circumstances
outside of its control will not constitute a default under this Agreement.
Article 26. Performance Bond
26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves
this Agreement, Contractor must furnish to City, and keep current, a performance bond, for the faithful
performance of this Agreement and all obligations arising hereunder in an amount as follows:
26.01.1 From July 1, 2023 and so long as this Agreement or any extension thereof remains
in force, Contractor must maintain a performance bond in the amount of two million dollars ($2,000,000).
26.01.1.1 The performance bond must be executed by a surety company
licensed to do business in the State of California; having an "A2 or better rating by A. M. Best or Standard
and Poor's; and included on the list of surety companies approved by the Treasurer of the United States.
26.01.1.2 In the event City draws on the bond, all of City's costs of collection
and enforcement of the Bond, including reasonable attorney's fees and costs, must be paid by Contractor.
26.01.1.3 The Performance Bond must be renewed annually for the entire
term of the Agreement and evidence must be provided to City annually.
Article 27. Insurance
27.01 Insurance Policies. Contractor must secure and maintain throughout the term of this
Agreement insurance against claims for injuries to persons or damages to property which may arise from or
in connection with Contractor's performance of work or services under this Contract. Contractor's
performance of work or services includes performance by Contractor's employees, agents, representatives
and subcontractors.
27.02 Minimum Scope of Insurance. Insurance coverage must be at least this broad:
87
27.02.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive
General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive
General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form
CG 0001), including X, C, U where applicable.
27.02.2 Insurance Services Office Form No.CA 0001 (Ed. 10/13) covering Automobile
Liability, code 1 "any auto", or code 2 "owned autos" and endorsement CA 0025. Coverage must also
include code 8, "hired autos" and code 9 "non -owned autos".
27.02.3 Workers' Compensation insurance as required by the California Labor Code and
Employers Liability Insurance.
27.02.4 Environmental Pollution Liability Insurance.
27.03 Minimum Limits of Insurance. Contractor must maintain insurance limits no less than:
27.03.1 Comprehensive General Liability: $3,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement
or the general aggregate limit must be $5,000,000.
27.03.2 Automobile Liability: $10,000,000 combined single limit per accident for bodily
injury and property damage.
27.03.3 Workers' Compensation and Employers Liability: Workers' Compensation limits as
required by the California Labor Code and Employers Liability limits of $1,000,000 per accident.
27.03.4 Environmental Pollution Liability: $3,000,000 per occurrence and $5,000,000
aggregate, with five (5) years tail coverage. Coverage shall include bodily injury or property damage arising
out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of
pollutants resulting from Contractor's operations.
27.03.5 If Consultant maintains higher limits than the minimum shown above, the City
requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any
available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the City.
27.04 Deductibles and Self -Insured Retention. Any deductibles or self -insured retention must be
declared to City's risk manager. Should City form a reasonable belief that Contractor may be unable to pay
any deductibles or self -insured retentions, Contractor must procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses in an amount specified by City's risk
manager.
88
27.05 Endorsements. The policies are to contain, or be endorsed to contain, the following
provisions:
27.05.1 General Liability, Automobile and Environmental Liability Coverage.
27.05.1.1 City, its officers, employees, agents and contractors are to be
covered as additional insureds as respects: Liability arising out of activities performed by, or on behalf of,
Contractor; products and completed operations of Contractor; premises owned, leased or used by
Contractor; and automobiles owned, leased, hired or borrowed by Contractor. The coverage must contain
no special limitations on the scope of protection afforded to City, its officers, employees, agents and
contractors.
27.05.1.2 Contractor's insurance coverage must be primary insurance as
respects City, its officers, employees, agents and contractors. Any insurance, or self-insurance maintained
by City, its officers, employees, agents or contractors will be in excess of Contractor's insurance and will
not contribute with it.
27.05.1.3 Any failure to comply with reporting provisions of the policies will
not affect coverage provided to City, its officers, employees, agents, or contractors.
27.05.1.4 Coverage must State that Contractor's insurance will apply
separately to each insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
27.05.2 All Coverage. Each insurance policy required by this Agreement must be endorsed
to State that coverage may not be canceled except after thirty (30) calendar days (ten (10) days in the event
of cancellation for non-payment) prior written notice has been given to City. Moreover, Contractor will not
order the cancellation of any required insurance policy or change in insurance policy limits without thirty
(30) days prior written notice to City by Contractor.
27.06 Acceptability of Insurers. Insurance is to be placed with insurers having an A.M. Best rating
of A-NII or better.
27.07 Verification of Coverage. Contractor must furnish City with certificates of insurance and
with original endorsements affecting coverage required by this Agreement. The certificates and endorsement
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf. Contractor must furnish City with a new certificate of insurance and endorsements on each renewal
of coverage or change of insurers.
27.07.1 Proof of insurance must be mailed to the following address or any subsequent
address as may be directed by the City:
City of Santa Clarita Neighborhood Services Department
Attn: Environmental Services Manager
89
23920 Valencia Blvd., Suite 102
Santa Clarita, CA 91355
27.08 Subcontractors. Contractor must include all subcontractors performing services in the City
as insureds under its policies or subcontractors must obtain separate certificates and endorsements.
27.09 Modification of Insurance Requirements. The insurance requirements provided in this
Agreement may be modified or waived by City's risk manager, in writing, upon the request of Contractor if
City's risk manager determines such modification or waiver is in the best interest of City considering all
relevant factors, including exposure to City.
27.10 Rights of Subrogation. All required insurance policies must preclude any underwriter's
rights of recovery or subrogation against City with respect to matters related to Contractor's performance of
its obligations under this Agreement, with the express intention of the parties being that the required
insurance coverage protects both parties as the primary coverage for any and all losses covered by the
above -described insurance. Contractor must ensure that any companies issuing insurance to cover the
requirements contained in this Agreement agree that they will have no recourse against City for payment or
assessments in any form on any policy of insurance. The clauses'Other Insurance Provisions' and 'Insured
Duties in the Event of an Occurrence, Claim or Suit' as it appears in any policy of insurance in which City is
named as an additional insured will not apply to City.
27.11 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as
required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time
City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste
hauler services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement
insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the
option to terminate this Agreement immediately.
Article 28. Hold Harmless and Indemnification
28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected officials,
officers, agents, employees, and volunteers harmless from all of Contractor's claims, demands, lawsuits,
judgments, damages, losses, injuries or liability to Contractor, to Contractor's employees, to Contractor's
contractors or subcontractors, or to the owners of Contractor's firm, which damages, losses, injuries or
liability occur during the work or services required under this Agreement, or performance of any activity or
work required under this Agreement.
28.02 Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend
with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers
from and against all liability including, but not limited to, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the
performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement,
c l•
except such loss or damage which is caused by the negligence or willful misconduct breach of this
Agreement, or violation of law by City. Should conflict of interest principles preclude a single legal counsel
from representing both City and Contractor, or should City otherwise reasonably find Contractor's legal
counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation
reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall
promptly pay City any final judgment rendered against City (and its officers, officials, employees and
volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor's
negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing
provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and
will survive termination of this Agreement.
28.02.1 Contractor's obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine
or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the
rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold
harmless City for liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by findings of a court of competent jurisdiction. In
instances where City is shown to have been actively negligent and where City's active negligence accounts
for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion
or percentage of liability not attributable to the active negligence of City.
28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity,
defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with
City, of any insurance certificates or policies described in Article 27.
28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section
40059.1 and 40059.2 , which will control in the event of any conflict with the provisions of this Section,
Contractor agrees to protect and defend City Indemnitees with counsel selected by Contractor and approved
by City, to pay all attorneys' fees, and to indemnify and hold City Indemnitees harmless from and against all
fines or penalties imposed by the California Integrated Waste Management Board if the diversion goals
specified in California Public Resources Code section 41780, as it may be amended, are not met by City
with respect to the Materials Collected by Contractor and if the lack in meeting such goals are attributable
to the failure of Contractor to implement and operate the recycling or diversion programs or undertake the
related activities required by this Agreement. In the event CalRecycle provides an administrative process to
challenge the imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging
any consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for
the retention of and payment to any consultants engaged to perform waste generation studies (diversion
and disposal). All consultants and attorneys engaged hereunder are subject to the agreement of City and
Contractor.
28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with
counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any
91
and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting
from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health &
Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or
Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended
to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the Health &
Safety Code to defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability
under CERCLA, the Health & Safety Code or other similar Federal, State or local law or regulation.
28.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the
Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a
good faith determination that the Maximum Service Rates for the Solid Waste Collection Services provided
under this Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among
other reasons, such services are provided by a private corporation and not by City pursuant to Article 5,
Contractor independently establishes the rates for services within the limits established in this Agreement,
the receipt of services is voluntary and not required of any property within City, and any owner or Service
Recipient of property within City has the opportunity to avoid the services available under this Agreement
either through self -hauling or use of property in such a manner that Solid Waste is not generated.
Accordingly, Contractor agrees to hold harmless and release the City Indemnitees from and against any and
all claims Contractor may have against the City Indemnitees resulting in any form from the Maximum Service
Rates provided for under this Agreement or in connection with the application of California Constitution
Article XIIIC and Article XIIID to the imposition, payment or collection of the rates under this Agreement. This
Section will survive the expiration or termination of this Agreement for Claims arising prior to the expiration
or termination of this Agreement.
28.07 Consideration. It is specifically understood and agreed that the consideration inuring to
Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and
responsibilities contained in this Agreement.
28.08 Obligation. This Agreement obligates Contractor to comply with the foregoing
indemnification and release provisions; however, the collateral obligation of providing insurance must also
be complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein
shall not in any way be a limitation on Contractor's indemnification and defense obligations.
28.09 Subcontractors. Contractor must require all subcontractors performing work in the City to
enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor
fully indemnifies City in accordance with this Agreement.
28.10 Exception. Notwithstanding other provisions of this Agreement, Contractor's obligation to
indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability,
penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active
negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or
employees.
92
28.11 Damage by Contractor. If Contractor's employees or subcontractors cause any injury,
damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and
tear, Contractor must reimburse City for City's cost of repairing or replacing such injury, damage or loss.
Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such
injury, damage or loss. With the prior written approval of City, Contractor may repair the damage at
Contractor's sole cost and expense. Any injury, damage or loss to private property caused by the negligent
or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at
Contractor's sole expense. Disputes between Contractor and its Service Recipients or private property
owners as to damage to private property are civil matters and complaints of damage will be referred to
Contractor as a matter within its sole responsibility and as a matter within the scope of Section 27.01
[Indemnification].
Article 29. Default of Agreement
29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this
Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in
this Agreement, upon the happening of any one of the following events:
29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes
a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a
petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness
under the Federal bankruptcy laws or under any other law or statute of the United States or any State
thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its
property; or
29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made
approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its
reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law
or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed
or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become
null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default
will be deemed immediate; or
29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule
or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver,
trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and
such possession or control continues in effect for a period of sixty (60) calendar days; or
29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the
administrative charges or other monies due City and such default is not cured within thirty (30) calendar
days of receipt of written notice by City to do so; or
93
29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money
owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of
receipt of written notice by City to do so; or
29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied
final judgment under Section 29.01.4 above is the subject of a judicial proceeding, Contractor will not be in
default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or
29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the
terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a
performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City
pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement
Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of
written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied
within thirty (30) calendar days following receipt by Contractor of written demand from City to do so,
Contractor fails to commence the remedy of such default within such thirty (30) calendar days following
such written notice or having so commenced fails thereafter to continue with diligence the curing thereof
(with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty
(30) calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be
cured within a reasonable period of time). However, notwithstanding anything contained herein to the
contrary, for the failure of Contractor to provide Collection Services for a period of three (3) consecutive
Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to provide interim
Collection services until such time as the matter is resolved and Contractor is again able to perform pursuant
to this Agreement; provided, however, if Contractor is unable for any reason or cause to resume
performance at the end of thirty (30) calendar days all liability of City under this Agreement to Contractor
will cease and this Agreement may be terminated by City.
29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of
termination of this Agreement under this Article, in the event that Contractor's record of performance shows
that Contractor has defaulted in the performance of any of the covenants and conditions required herein to
be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and
regardless of whether the Contractor has corrected each individual condition of default, Contractor will be
deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period
to correct, and all such defaults will be considered cumulative and collectively will constitute a condition of
irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore,
and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such
cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such
subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such
cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual
fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will
have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must
cease any further performance under this Agreement.
29.03 Effective Date. In the event of any the events specified above, and except as otherwise
provided in such subsections, termination will be effective upon the date specified in City's written notice to
Contractor and upon such date this Agreement will be deemed immediately terminated and upon such
termination, except for payment of services rendered up to and including the date of termination, all liability
of City under this Agreement to Contractor will cease, and City will have the right to call the performance
bond and will be free to negotiate with other contractors for the operation of interim and long-term Collection
Services. Contractor must reimburse City for all direct and indirect costs of providing any interim Collection
Services as a result of Contractor's default in this Agreement.
29.04 Termination Cumulative. City's right to terminate this Agreement is cumulative to any other
rights and remedies provided by law or by this Agreement.
29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence
of any of the events or conditions set forth in Section 25.04 [Uncontrollable Circumstances], refuse or be
unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste
which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City
to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of
the City Manager's discretion, should find that such accumulation endangers or menaces the public health,
safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect
any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide
twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting
with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect
pursuant to this Agreement for the duration of period during which Contractor is unable to provide such
services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from
which such substitute Solid Waste services are immediately available and must reimburse City for all of its
expenses for such substitute services during period in which Contractor is unable to provide Collection
services required by this Agreement.
29.06 Survival of Certain Contractor Obligation. Notwithstanding the termination of this
Agreement by Contractor or City, Contractor's obligation to indemnify, defend and hold City and City
Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date
of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not
automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar
instruments provided by Contractor under this Agreement and such policies, letters of credit, performance
bonds and other instruments shall remain in full force and effect for one full year after termination.
Article 30. Modifications to the Agreement
30.01 City -Directed Change. City has the power to make changes in this Agreement to impose
new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing
Collection Services as may from time -to -time be necessary and desirable for the public welfare. The size of
Collection Containers specified herein for Bundled Service are designed to meet the requirements of the
State's recycling mandates including AB 341, AB 1826 and SB 1383, and to be appropriate for the
95
capabilities and capacities of available Materials Recovery Facilities and Organics Waste Processing
Facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during
the term of this Agreement; as such City reserves the right to redirect materials to alternate facilities and
change the designated sizes of Carts and/or Bins in Bundled Services in accordance with any such changes.
City will give the Contractor notice of any proposed change and an opportunity to be heard concerning those
matters, and agrees to adjust Service Rates to reflect additional costs borne by Contractor. The scope and
method of providing Collection Services as referenced herein will be liberally construed to include
procedures, operations and obligations, financial or otherwise, of Contractor. When such modifications are
made to this Agreement, City and Contractor will negotiate in good faith, a reasonable and appropriate
compensation adjustment for any increase or decrease in the services or other obligations required of
Contractor due to any modification in the Agreement under this Article. City and Contractor will not
unreasonably withhold agreement to such compensation adjustment. Should agreement between City and
Contractor on compensation adjustment not be reached within six months of the change request, or other
period as agreed upon by both parties, City and Contractor agree to submit the compensation adjustment
to binding arbitration as described in Section 30.02.
30.01.1 Change in Law. City and Contractor understand and agree that the California
Legislature has the authority to make comprehensive changes in Solid Waste Collection legislation, and
that these and other changes in Applicable Law in the future which mandate certain actions or programs
for counties, municipalities or Contractor may require changes or modifications in some of the terms,
conditions or obligations under this Agreement. Contractor agrees that the terms and provisions of the City
of Santa Clarita Municipal Code, as it now exists or as it may be amended in the future (in a manner not
inconsistent with this Agreement), will apply to all of the provisions of this Agreement and the Service
Recipients of Contractor located within the Service Area. In the event any future change in Federal law or
regulations, State or local law of regulation, or the City Code materially alters the obligations of Contractor,
then the affected Maximum Service Rates, as established in Exhibit 1 of this Agreement will be adjusted in
accordance with Section 6.07. Nothing contained in this Agreement will require any party to perform any
act or function contrary to law. City and Contractor agree to enter into good faith negotiations regarding
modifications to this Agreement which may be required in order to implement changes in the interest of the
public welfare or due to Change in Law. When such modifications are made to this Agreement, City and
Contractor will negotiate in good faith, a reasonable and appropriate compensation adjustment for any
increase or decrease in the services or other obligations required of Contractor due to any Change in Law
or modification in the Agreement under this Article. City and Contractor will not unreasonably withhold
agreement to such compensation adjustment. Should agreement between City and Contractor on
compensation adjustment not be reached within six months of the change request, or other period as
agreed upon by both parties, City and Contractor agree to submit the compensation adjustment to binding
arbitration as described in Section 30.02.
30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days
from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties
are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial
Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under
we
this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one-
half of the costs of the arbitrator.
Article 31. Legal Representation
31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be,
represented by counsel in the preparation of and contributed equally to the terms and conditions of this
Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing
the same will not apply due to the joint contributions of both parties.
Article 32. Conflict of Interest
32.01 Financial Interest. Consultant is unaware of any City employee or official that has a
financial interest in Consultant's business. During the term of this Agreement and/or as a result of being
awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in
Consultant's business by any City employee or official.
Article 33. Contractor's Personnel
33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced
employees of the City's two franchisees from the prior Exclusive Solid Waste Franchise Agreement.
Contractors must retain these displaced employees for a period of not less than 90 days, as provided for in
Chapter 4.6, Sections 1070 through 1076 of the California Labor Code. Contractor shall make information
about wage rates, benefits and job classifications of employees available to the City prior to any subsequent
procurement for solid waste collection.
33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all
services required under this Agreement, and shall be responsible for ensuring its employees comply with
this Agreement and all Applicable Laws related to their employment and position. Contractor's employees,
officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as
being employees or officials of City. City may request the transfer of any employee of Contractor who
materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the
performance of their duties under this Agreement.
33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its
Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior
to the Commencement Date of this Agreement and annually by January 1 st of each subsequent Calendar
Year of this Agreement and any other time the person in that position changes. The Agreement Manager
must be available to the City through the use of telecommunications equipment at all times that Contractor
is providing Collection Services in the Service Area. The Contract Manager must provide City with an
emergency phone number where the Contract Manager can be reached outside of normal business hours.
97
33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service
Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of
that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter
annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor
changes the employee serving in that position changes. The Service Supervisor must be physically located
in the Service Area and available to the Agreement Administrator through the use of telecommunication
equipment at all times that Contractor is providing Collection Services. In the event the Service Supervisor
is unavailable due to illness or vacation, Contractor must designate an substitute acceptable to the City who
shall be available and shall have the authority to act in the same capacity as the Service Supervisor.
33.05 Key Operations Staff. Contractor shall provide a full-time Key Operations Staff consisting
at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical
Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key
Operations Staff will provide the following to City Staff: email address, phone number, cell phone number
and office address.
33.06 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide
full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City.
33.07 Field Personnel. Contractor's field operations personnel are required to wear a clean
uniform shirt bearing Contractor's name. Contractor's employees, who normally come into direct contact with .�.
the public, including drivers, must bear some means of individual photographic identification such as a name
tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's
license and all other required licenses for the type of vehicle that is being operated.
33.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of
the California Labor Code that require every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the
performance of the Services, Contractor shall not, in any manner, employ any person or contract with any
person so that any part of this Agreement is so performed by such person would be subject to the workers'
compensation laws of the State of California unless and until Contractor gives City a certificate of consent
to self -insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor
hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either
require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers'
Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance
under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation
Insurance Coverage required by or for this Agreement, and all such coverage shall be endorsed with a
waiver of subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its
subcontractors.
33.09 Employment & Labor Practices. Contractor shall indemnify and hold harmless City and its
elected officials, officers, employees, servants, designated volunteers, and agents serving as independent
contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of
98
any nature to the extent arising from Contractor's personnel and labor practices. All duties of Contractor
under this paragraph shall survive termination of this Agreement.
33.10 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the
prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any
and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state,
and local licenses required for the work they are assigned to perform. Contractor shall require any
subcontractors performing work in the City to enter into a written contract that requires such subcontractors
to agree they are independent contractors and have no other agency relationship with City.
Article 34. Exempt Waste
34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such
services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if
provided by Contractor must be in strict compliance with all Applicable Laws.
Article 35. Independent Contractor
35.01 In the performance of services pursuant to this Agreement, Contractor is an independent
contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of
the details of the services and work performed and over all persons performing such services and work.
Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors
and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors or
subcontractors will obtain any right to retirement benefits, Workers Compensation benefits, or any other
benefits which accrued to City employees and Contractor expressly waives any claim to such benefits.
35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to
enter into a contract containing the provisions set forth in the preceding subsection in which contract the
subcontractor agrees that Contractor and subcontractor are independent contractors and have no other
agency relationship with City.
Article 36. Laws to Govern
36.01 The law of the State of California governs the rights, obligations, duties and liabilities of
City and Contractor under this Agreement and govern the interpretation of this Agreement.
Article 37. Consent to Jurisdiction
37.01 The parties agree that any litigation between City and Contractor concerning or arising out
of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State
of California, or in the United States District Court for the Central District of California to the fullest extent
permissible by law. Each party consents to service of process in any manner authorized by California law.
Article 38. Assignment
38.01 No assignment of this Agreement or any right occurring under this Agreement may be
made in whole or in part by Contractor without the express prior written consent of the City. City will have
full discretion to approve or deny, with or without cause, any proposed or actual assignment by the
Contractor. Any assignment of this Agreement made by Contractor without the express written consent of
the City will be null and void and will be grounds for City to declare a default of this Agreement and
immediately terminate this Agreement by giving written notice to Contractor, and upon the date of such
notice Contract will be deemed immediately terminated, and upon such termination all liability of City under
this Contract to Contractor will cease, and City will have the right to call the performance bond and will be
free to negotiate with other contractors, for the services that are the subject of this Agreement. In the event
of any assignment approved by City, the assignee must fully assume all the liabilities of Contractor by way
of an assignment and assumption agreement. Notwithstanding the above, an assignment to an affiliate of
Contractor may be undertaken upon notice to City, but without the requirement for its approval. For purposes
of this provision, "affiliate" means any person or legal entity that, directly or indirectly, controls, is controlled
by, or is under common control with Contractor.
38.02 The use of a subcontractor to perform services under this Contract will not constitute
delegation of Contractor's duties provided that Contractor has received prior written authorization from the
Agreement Administrator to subcontract such services and the Agreement Administrator has approved a
subcontractor who will perform such services. Contractor will be responsible for directing the work of
Contractor's subcontractors and any compensation due or payable to Contractor's subcontractor will be the
sole responsibility of Contractor. The Agreement Administrator will have the right to require the removal of
any approved subcontractor for reasonable cause.
Article 39. Compliance with Laws
39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws,
including, without limitation, the Santa Clarita Municipal Code.
39.02 City shall provide written notice to Contractor of any planned amendment of the Santa
Clarita Municipal Code that would substantially affect the performance of Contractor's services pursuant to
this Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council's
approval of such an amendment.
Article 40. Permits and Licenses
40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or
ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must
provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and
conditions of such permits, licenses and approvals upon the request of the Agreement Administrator.
100
40.02 The Contractor must have a valid City of Santa Clarita Business Tax Certificate throughout
the term of the Franchise Agreement.
Article 41. Ownership of Written Materials
41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents,
brochures, public education materials, and other similar written, printed, electronic or photographic materials
developed by Contractor at the request of City or as required under this Agreement, and intended for public
use, without limitation or restrictions on the use of such materials by City. Contractor may not use such
materials that specifically reference City for other purposes without the prior written consent of the
Agreement Administrator. This Article 41 does not apply to ideas or concepts described in such materials
and does not apply to the format of such materials.
Article 42. Waiver
42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition
of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any
subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent
acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will
not be deemed to be a waiver by City of any breach for violation of any term, covenant or condition of this
Agreement.
Article 43. Prohibition Against Gifts
43.01 Contractor represents that Contractor is familiar with City's prohibition against the
acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or
designated employee any gifts prohibited by the City.
Article 44. Point of Contact
44.01 The day-to-day dealings between Contractor and City will be between Contractor and the
Agreement Administrator.
Article 45. Notices
45.01 Except as provided in this Agreement, whenever either party desires to give notice to the
other, it must be given by written notice addressed to the party for whom it is intended, at the place last
specified and to the place for giving of notice in compliance with the provisions of this Section. For the
present, the parties designate the following as the respective persons and places for giving of notice:
As to the City:
Environmental Services Manager, Darin Seegmiller
City of Santa Clarita Neighborhood Services Department
101
23920 Valencia Blvd. Suite 120
Santa Clarita, CA 91355
Telephone: 661-286-4098
email: dseegmiller@santa-clarita.com
As to the Contractor:
Burrtec Waste Industries, Cole Burr
9890 Cherry Avenue
Fontana CA 92335
Telephone: 909-429-4200
email: cole@burrtec.com
45.02 Notices will be effective when received at the address as specified above. Changes in the
respective address to which such notice is to be directed may be made by written notice.
45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint
may be given to Contractor orally by telephone at Contractor's local office with confirmation sent to
Contractor through the Customer Service System by the end of the Work Day.
Article 46. Transition to Next Contractor
46.01 In the event Contractor is not awarded an extension or new contract to continue to provide
Collection Services following the expiration or early termination of this Agreement, Contractor will cooperate
fully with City and any subsequent contractors to assure a smooth transition of services described in this
Agreement. Such cooperation will include but not be limited to transfer of computer data, files and tapes;
providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing
a complete inventory of all Collection Containers; providing adequate labor and equipment to complete
performance of all Collection Services required under this Agreement; taking reasonable actions necessary
to coordinate the transfer and/or disposal of carts and bins, as appropriate; coordinating Collection of
Materials set out in new containers if new containers are provided for a subsequent Agreements and
providing other reports and data required by this Agreement.
Article 47. Contractor's Records
47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and
accurate financial and accounting records, pertaining to cash, billing and disposal transactions for the
franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles.
These records and reports are necessary for the City to properly administer and monitor the Agreement and
to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the
Term of this Agreement, and for a period of not less than four (4) years following expiration or other
termination hereof or for any longer period required by law, full, complete and accurate records as indicated
in the Agreement.
102
-- 47.02 Any records or documents required to be maintained pursuant to this Agreement must be
made available for inspection or audit for the purposes set forth in Section 17.02.3, at any time during regular
business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City
Manager, or a designated representative of any of these officers. Copies of such documents will be provided
to City electronically, available to City for inspection at the local Contractor office, or an alternate site if
mutually agreed upon.
47.02.1 Contractor acknowledges that City is legally obligated to comply with the California
Public Records Act ("CPRA"). City acknowledges that Contractor may consider certain records, reports, or
information contained therein, ("Records") which Contractor is required to provide to City under this
Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in
writing of which records are considered propriety or confidential and shall identify the statutory exceptions
to disclosure provided under the CPRA that legally permit non -disclosure of the Records. At such time as
City receives a request for records under the CPRA or Federal Freedom of Information Act ("FOIA") or a
subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the
request, subpoena or order and of City's obligation and intent to provide a response within ten (10) calendar
days. Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the
Records; or (ii) seek and obtain, at Contractor's sole cost and expense, the order of a court of competent
jurisdiction staying or enjoining the disclosure of the Records. If Contractor fails to timely respond, then City
may proceed to disclosure the Records in which event Contractor agrees waives and releases City of any
liability for the disclosure of the Records. In the event Contractor seeks a court order to stay or enjoining
the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its Council,
elected and appointed board or commission members, officers, employees, volunteers and agents
(collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand,
action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-
judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA
or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this
Agreement.
47.03 Where City has reason to believe that such records or documents may be lost or discarded
in the event of the dissolution, disbandment or termination of Contractor's business, City may, by written
request or demand of any of the above -named officers, require that custody of the records be given to City
and that the records and documents be maintained in City Hall. Access to such records and documents will
be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -
in -interest.
Article 48. Entire Agreement
48.01 This Agreement and the attached Exhibits constitute the entire Agreement and
understanding between the parties, and the Agreement will not be considered modified, altered, changed or
amended in any respect unless in writing and signed by the parties.
103
Article 49. Severability
49.01 If any provision of this Agreement or the application of it to any person or situation is to any
extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions
to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected,
will continue in full force and effect, and will be enforced to the fullest extent permitted by law.
Article 50. Right to Require Performance
50.01 The failure of City at any time to require performance by Contractor of any provision of this
Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any
breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
Article 51. All Prior Agreements Superseded
51.01 This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements and understandings applicable to the matters contained in this Agreement and
the parties agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation
from the terms of this Agreement will be predicated upon any prior representations or agreements, whether
oral or written.
Article 52. Headings
52.01 Headings in this document are for convenience of reference only and are not to be
considered in any interpretation of this Agreement.
Article 53. Exhibits
53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each
such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any
conflicts between this Agreement and the Exhibits, then this Agreement shall take priority.
Article 54. Attorney's Fees
54.01 In the event that litigation is brought by a party in connection with this Agreement, the
prevailing party will be entitled to recover from the opposing party all costs and expenses, including
reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies
under this Agreement or the enforcement of any of the terms, conditions, or provisions of this Agreement.
104
Article 55. Effective Date
55.01 This Agreement will become effective when it is properly executed by City and Contractor
and Contractor will begin Collection Services under this Agreement as of July 1, 2023.
105
IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective
date(s) below each signature.
CITY OF SANTA CLARITA BURRTEC WASTE INDUSTRIES INC.
A General Law City
By:
Title:
ATTEST:
By:
Cole Burr
By:
President
By:
City Clerk Tracy Burr
APPROVED AS TO FORM
City Attorney
By:
Secretary
106
Exhibit 1
City Approved Service Rates
Single -Family Dwelling Maximum Service Rates
SeMr_e Descriptions
Billing rrequency
Approved
Maximum Rate
Standard Single-family Automated Cart Service
(96-Gal1or Garb e, 96-Gallon Recyd,, , 96-Gallon Organic Waste)
per month
$29.87
64-Galion Single -Family Automated Cart Service
(64-Galor, Garbage, 96-Galbn Recycling, 96-Ga4or Organic Waste)
per month
$27.05
32-Gallon Single -Family Automated Cart Service
(32-Gallop Garbage. 96-Gallon Recycling. 96-Gallon Organic Waste)
per month
$25.48
Additional Garbage Cart
per month
$6.32
Additional Recycling Cart
per month
NIC
Additional Organics Cart
per month
NiC
Restart of Service (Auto -Resume Fee)
per occunrence
S22.72
Cart Delivery
per occurrence
N/C
Cart Removal
per occurrence
NIC
Cart Exchange to Larger Cart (in excess of one per year)
per occurrence
$18.76
Residential Cart Replacement Fee
per occurrence
$80 81
Senior or Low Income Discount
N/A
20.001b
Organics/Recycling Contamination Fee
per occurrence
$66.24
Single -Family Bin Rates (requires and includes a minimum of one car.
for eaoi of*,ne r m inm mat-rial es'
Billing Frequency
Approved
Maximum Rate
1.5 - Cubic Yard Bin - serviced i week
per ^Io r,'n
$120.63
2 - Cubic Yard Bin - serviced 1/week
per mcn:n
$141.82
3 - CubicYard Bin - serviced 1/week
per month
$184.94
4- Cubic Yard Bin - serviced 1 tvee:t
er month
$237.24
Additional Mkc. Sin le-Fami Rates:
Billing Frequency
Approved
Maximum Rate
Roll Out/Backyard Pull-out Service Residential
per month
$14.94
Roll Out/Backyard Pull-out Service Residential (Senior)
per month
$11,95
St; n er/Scout Service - Bins
per bin/per service
$49.56
_ockingCart
per month
$17.65
Extra Trash Pickup (per cart) on scheduled pick up day
per occurrence
$7.07
Extra Trash Pickup (per cart) on non-scheduled pick up day
per occurrence
$14.14
Extra Trash Pickup (per bin)
per occurrence
$52.98
Extra Bulky Item Collection (in excess of four per year)
Residential (up to three items)
per occurrence
$22.40
Residential (Senior) (up to three items)
per occurrence
$17.92
Bin Replacement+ actual cost of bin
per occurrence
$115.45
Additional Car Cleanings (in excess of one per ear)
per occurrence
$18.05
Additional Bin Cleanings (in excess of one per year)
per occurrence
$57.62
4etum Check Fee (NSF)
per occurrence
$25.00
gate Fees
per month
10.0:4
107
Multi -Family Dwelling Maximum Service Rates
MFD: Multi-Farmih2 Dwelliarg wkh [krrdividual Can Service
Rate Schedule Ellective 01t11 2025
NOTE:
All Multi -Family Dwe.11ing'Tsar<.tr Rates include the equivalent volume of recycling and one 32.-
Gallon Organic Waste caul per 2.4,ubk: yards of garbage as part of the Bundled Trash rallies. Any
increased or addil:io.ref catlezdif a se:rrice. recluesl. for Re.cyc:l i ngf Organic WasteiGreen
WasteiFood Waste wift be: ctrarge:d pe.rl e Multi -Family Dwelling Maximum Service Rai s' eet.
Semite
Billing Frequency
1/-:eek
I 2/week
Collection Frequency
I 3,rweek 4/week
Vweek
61week
Multi -Family Garbage
32-Gallon Cart
;tr '-cnth
$
37.22
$
72.65
S
108.09
S
143.17
S 178.23
$ 213.34
64-Gallon Cart
prrmonth
$
4357
$
85.37
$
127.16
$
168.59
$ 21C.01
$ 251.46
96-Gallon Cart
pet month
$
49.93
$
98.10
$
146.25
$
194.05
$ 241.85
$ 289.66
1 / 1.5 CY Sim
petmonth
$
320.63
$
237.83
$
355.08
$
471.60
$ 588.14
$ 704.68
2 CY Bin
per month
$
141.82
$
280.27
$
418.72
$
556.45
$ 694.21
$ 832.96
3 CY Bin
per month
$
184.94
$
365.82
$
546.66
$
726,72
$ 906.77
$ 1,08684
4 CY Bin
pt - month
$
237.24
$
469.62
$
701.97
$
93336
$ 1,164.77
$ 1,39&14
6CYBin
pe! month
$
334.28
$
662.29
$
990.31
$ 1,317.M
$ 1,643.85
$ 1,970.61
2 CY CoenvattoN
pet month
$
190A2
$
376.91
$
563.42
$
749.112
$ 934.1fS
$ I,I2067
3 CY Contpacia
per month
$
253.64
$
502.59
$
75MI
$
99954
$ 1,247154
$ 1,*95.58
6 CY Compactor
pe• month
$
452.33
$
899.06
S 1,345.76
$ 1,791.35
$ 2,,236.95
$ 2,682.52
Multi -Family Dwelling Recycling Only
32-Gallon Cart
zer :Month
$
29.23
$
51.52
5
59-591
5
75.99
$ 9239
S 108.77
64-Gallon Cart
per month
$
31.31
5
55.61
$
65.67
S
84.06
S 102.45
S 120.83
96-Gallon Cart
per month
$
33.59
$
60.05
$
72.29
$
92.83
S 123.38
$ 333.93
1 / 15 CY Bin
per month
$
9257
$
152.51
$
209.96
$
262.75
$ 311.37
$ 356.22
2 CY Bin
per month
$
101.19
$
164.74
$
225.88
$
284.63
$ 341.22
$ 395.69
3 CY Bin
per month
$
116.82
$
187.651
256.04
$
322.11
$ 385.93
1 $ 447.66
4 CY Bin
per month
$
132.44
$
210.521
$
286.20
$
379.95
$ 430.61
$ 499.67
6 CY Bin
per month
S
392.97
$
322.031
$
451.01
$
580.03
$ 709.03
$ 838.02
2 CY Compactor
per month
$
126.97
$
232.11
$
293.71
S
380.77
$ 467.93
$ 554,90
3 CY Compactor
per month
S
160.87
$
280.89
5
400.91
$
520.93
$ 640,95
$ 760.99
5 CY Compactor
per month
1 $
302.691
$
531.85
$
760.96
S
990.10
S 1,219.21
$ 1,448.32
Multi -Family Organic Waste Only (Green Waste and Foad Waste)
32-Gallon Cart
ter .month
S
63.94
$
114.72
$
161.23
$
208.18
$ 263.25
$ 301.39
64-Gallon Cart
per month
$
89.28
$
165.31
$
237.07
$
309.25
$ 38957
$ 452.97
96-Gallon Cart
per month
$
114.63
$
215.89
$
312.91
5
410.33
$ 515.90
$ 60454
1 / 1.5 CY Bin
per month
$
236.40
$
418.04
$
588.58
$
757.72
$ 925.20
$ 1,093.04
2 CY Bin
pie- r-n`h
$
295.00
$
539.92
$
768.69
S
998.92
S 1,260.05
S 1,457.09
Mulli-Family Dwelling Green Waste Only (it
applicable)
64-Gallon Cart
pt- ,-:;n`h
S
33.86
$
58.26
$
81.92
S
104.24
S 125.35
$ 145.39
96-Gallon Cart
per month
$
38.55
$
67.66
$
96.02
$
123.04
$ 148.85
$ 173.58
1 / 1.5 CY Bin
per month
$
97.73
$
167.10
$
234.28
$
297A4
$ 356.94
$ 413.18
2 CY Bin
per month
$
110.96
S
190.70
S
266.80
S
339.89
$ 410.17
S 477,92
3 CY Bin
p. r,onch
S
136.05
$
232.11
S
326.07
$
417.97
5 507.94
S 596.10
Multi -Family Dwelling Food Waste Only lit applicable)
32-Galion Care
ter -'.oath
$
64.28
$
115.43
$
162.27
S
209.57
$ 265.00
$ 303.48
64-Gallon trait
per rnonth
$
89,93
$
166.60
$
239.01
$
311.83
$ 392.80
$ 456.94
96-Gallon Caft
per month
$
115.57
$
217.79
$
315.74
$
414.11
$ 520.63
$ 610.21
1 / 1.5 CY Bin
per month
$
237.85
$
420.95
$
592.94
$
763.54
$ 932.48
$ 1,101.78
2 CY Bin
r month
$
296.94
$
543.79
$
774.51
$ 1,006.68
$ 1,269.76
5 1,468.73
Commercial Maximum. Service Rates
Raae Scbe4ale ESBecai e 01 01,'2025
NOTE,
All Commercial Trash Rates t.oli inciudee the eor<nnaaent �,olur,-va of recycling and one 32-Gallon. CFrranic
Waste Cart per 2-cut4c _cards of garoage as part wftfhe: Bundled Trash rates. Any increased of additional
collection senace request for R.ec-ycfinyi,--'rganie i?i;'asleArre:en YVaste?Food Waste ,mll be changed pkr the
Commercial'Maximurr, 7errice Rate sheet
Service
Billing Frequency
Collection; Frequency
1 week I 2?week I Ivftek *:week I 5'week 1
13 °week
Ccrnmercial Garba. e
32-Gallon Can.
::er -Nanth•
S
37.22
S
?2.65
$
10009
$
143.17
$
178.23
5 213.34
64-Galion Cant
mordh
5
43.57
$
85.37
5
327.35
$
168.59
S
210.01
$ 251.46
96-Galion Cart
per rsnonlh
$
49.33
$
98.10
5
246.25
$
194.05
$
241.85
$ 289.66
1 f 1.5 CY Bin
per month
S
120.63
5
237.83
5
355.08
$
471.60
$
588.14
$ 704.68
2 CY Bin
per n-with
$
141.82
S
280.27
$
418.72
S
556.45
$
694.22
$ 831.96
3 CY Bin
per month
$
184.94
5
365.82
$
546.66
$
726.72
$
906.77
$ 1,086,84
4 CY Bin
per rnorAh
$
237.24
$
469.62
$
701.97
5
933.36
$ 1,164.77
$ 1,396.14
6 CY Bin
per month
$
334.28
$
662.29
$
990.31
5 1,327.09
S 1,643.85
S 1,970.fi1
2 CY Compactor
per month
$
390.42
5
376.91
S
563.42
$
?49.12
S
934,85
$ 1,12057
3 CY Compactorl
per month
$
253.64
5
502.59
S
75151
S
99954
5 1,247.54
S 1,49558
6 CY Compactor
:er -~uraih
5
452331
5
899,0161
$ 1,345.76•
5 1,791.35
$ 2-,236,951
$ 2,682.32
Commercial Rec' clip
Only
32-Gallon Cart
cer TM;on1h
5
29.23
S
51.52
$
59.59
$
75.99
S
92,391
5 108.77
64-Gallon Cart
Mer -enth
5
31.31
$
55.51
$
65.67
$
84A6
$
102.45
$ 120.83
96-Gallon Can
per month
S
33.59
$
60.05
$
72.29
$
92.83
S
113.38
$ 133.93
1 " 1.5 CY Bin
0er month
$
92.57
$
152.51
S
209.96
S
262.75
$
311.37
$ 356.22
2 CY Bin
per month
$
101.19
$
164.74
S
225.88
5
284.63
$
341.22
$ 395.69
3 CY Bin
per month
5
116.82
$
187.65
$
256.04
5
322.11
$
38533
$ 447.66
4 CY Bin
per month
$
132.44
$
210.52
$
286.20
S
379.95
S
430.61
$ 499.67
6 CY Bin
per month
$
192.97
$
322.03
$
451.01
$
580.03
$
709.03
S 838.02
2 CY Compactor
per month
$
126.97
S
232.11
S
293.71
5
380.77
$
467,83
S 554.90
3 CY Compactor
per ^nonth
S
160.87
S
280.89
$
400.91
S
520.93
$
640.95
S 760.99
6 CY Cum actor
cer - oath
S
302,69
5
531.85
S
760.96
S
990.10
5 1,219.21
$ 1,448.32
Commercial Organic Waste Only (Green Waste and Food Waste)
32-Gallon Can:
.cnth
$
63.94
5
114.72
5
161.23
$
208.18
$
263.25
$ 301,39
64-Gallon Cart
:er ,•crrth
5
89.28
$
165.31
5
237.07
5
309.25
S
38957
$ 452.97
96-Gallon Cart
mr month
$
114.63
$
215.89
5
312.91
$
410.33
$
515.90
$ 60454
1 1.5 CY Bin
per month
$
236.40
$
418.04
$
58858
$
757.72
5
925.20
$ 1,093.04
2 CY Bin
cer 7,onth
S
295.00
S
539.92
$
768.69
$
998.92
5 1,260.06
5 1,457.09
Commercial Green Waste Only
(it applicable),
64-Gallon Cart
per month
S
33.86
$
58.26
S
81.92
5
104.24
S
125.35
5 145.39
96-Gallon Can
per month
S
3855
5
67.66
5
96.02
S
123.04
5
148.85
S 173.58
1 11.5 CY Bin
per month
S
97.73
S
167.10
5
234.28
5
297.44
S
356.94
5 413.18
2 CY Bin
per ^ onth
$
110.96
5
190.70
$
266.80
5
339.89
5
410.17
5 477.92
3 CY Bin
cer 77onth
S
136.05
$
232.11
$
326.07
$
417.97
5
507.94
5 596.10
Commercial Food Waste Only (if applicable)
32-Gallon Can
per month
S
64.28
$
115.43
5
162.27
$
209.57
$
265.00
$ 303.48
64-Gallon Can
per rf..cnth
$
89.93
$
166.60
$
239.01
$
311.83
$
392.90
$ 456.34
96-Gallon Cart
per month
5
115.57
$
217.79
$
315.74
$
414.11
$
520.63
$ 61021
111.5 CY Bin
per ^,cnth
S
237.85
$
420.95
$
592.94
5
763.54
5
932AS
$ 1,101.78
2 CY Bin
per ,r:cnth
S
296.94
S
543.79
$
774.51
$ 1,006.68
5 1,269-76
$ 1.469.73
Commercial & Multi -Family dwelling Addibonal
Services Maximum Service Rates
Service Descriptions i Billing frequency
Appicroed
Maximum
Rate
Other Services
Locmng Bin. L cK on Gate. efiJusure 61mthlY Fee
per tsrck :per month
$8.34
Trip Charge.Dry: Run
per occurrence
$92.94
Restart of Service (auto resume fee;t
per occurrence
$22.72
Setup Fee_
per occurrence
FiiC
Delr err' Charge
Per Occurrence
hf1C
Deliveri. Charge Commercial Carts
Per occurrence
WC
Removal
per occurrence
ht/C
Exchange Fee 6n excess of'one firm per years
peiaccuffence
$110,09
Stinger; Scout Semite Fee
per bin per serice
$49.56
Organics,Pe cycling Contamination Fee
per occurrence
$80.57
Extra Bin Pick. Ups (On schedule! pick up: day)
per bWper occurrence
$63.40
Extra Bin Pick U ion nan-scheduled pick up day)
per Naiper occurrence
$89.73
Bin Replacement i� actual cos4 of bin?
r occurrence
$115.45
Additional Bin Cleaning (in excess of one per year)
per Occurrence
$57.62
Counter Balance Lid
per ,month
$12.75
Commercial Lacking Bars - Initial Set Up
per Occurrence
$38.79
Commercial Lacking Bars - Ongoing fee
per month
$8.29
Overage Fee
per Occurrence
$70.57
Commercial Electronic 'Haste Disposal
per Occurrence
$22.40
Commercial Manure Collection (64 gallon Cart)
Per month
$59.45
Commercial Manure Collection i,2 CY Bin,"
per Month
$205.50
A.dditonal Stanfty and Loading Time
per month
$180.74
Err..er encv Seryiees (Section 20.01
r hour
$270.55
Bin Push Out Rates
Rate Schedule Effective 0110V2025
Service
Billing fret{uency
Collection Frequency
fi week 2,'week I 3 week I 4tweek I 5-week I Wweek
Bin Push Out Rates
25A9 feet
50-74 feet
75-99 feet
100-125 feet
per ^:cnth
$ 45.10
$ 90.20
$ 135.30
$ 180.40
$ 225.50
$ 270.60
per month
$ 67.65
$ 135.30
$ 20295
$ 270.60
$ 338.25
$ 405.90
per month
$ 101.46
$ 202.92
$ 304.38
$ 405.84
$ 507.30
$ 608.76
per month
$ 152.18
$ 304.36
5 45654
$ 608.72
$ 760.90
$ 913.68
110
Exhibit 2
City Sponsored Events
Contractor shall provide service at no additional charge to the following City events. The City shall have the
option to add additional or alternative events by written notice to the Contractor.
• Earth Arbor Day/Neighborhood Clean Up
• Cowboy Poetry Festival
• Concerts in the Park
• Senses Block Party x6
• River Rally
• Marathon
111
Exhibit 3
List of City Properties and Current Service Levels — as of 2023
Site
Bin Size
Number of Bins
Frequency
Commodity
Begonias Lane Park
3 Yard
1
2
Trash
Bouquet Canyon Park
3 Yard
2
2
Trash
3 Yard
1
1
Green Waste
Bridgeport Park
3 Yard
1
1
Trash
3 Yard
1
1
Green Waste
Canyon Country Community Center
3 Yard
1
3
Trash
3 Yard
1
1
Green Waste
3 Yard
1
3
Trash
3 Yard
1
2
Commingle
Canyon Country Library
3 Yard
1
6
Trash
3 Yard
1
2
Commingle
Canyon Country Park
3 Yard
2
4
Trash
3 Yard
1
1
Green Waste
Central Park
20 Yard
2
OC
Trash
10 Yard
1
OC
Inert
40 Yard
1
OC
Green Waste
20 Yard
2
OC
Green Waste
20 Yard
1
OC
Commingle
3 Yard
1
3
Trash
Chesebrough Park
3 Yard
2
2
Trash
Circle J Park
3 Yard
1
1
Trash
City Corporate Yard
3 Yard
1
5
Trash
112
Site
Bin Size
Number of Bins
Frequency
i
Commodity
3 Yard
2
1
Commingle
City Hall
3 Yard
2
3
Trash
65gal
1
1
Food Waste
3 Yard
4
1
Commingle
City Sub Yard
40 Yard
1
OC
Trash
30 Yard
1
OC
Trash
20 Yard
1
OC
Trash
10 Yard
1
OC
Inert
20 Yard
1
OC
Green Waste
40 Yard
4
OC
C&D
20 Yard
1
OC
C&D
10 Yard
1
OC
C&D
Copper Hill Park
3 Yard
1
1
Trash
3 Yard
1
1
Green Waste
Creekview Park
3 Yard
1
1
Trash
Fair Oaks Park
3 Yard
2
1
Trash
Golden Valley Park
3 Yard
1
2
Trash
Newhall Community Center
3 Yard
2
3
Trash
3 Yard
1
1
Commingle
Newhall Park (Boys & Girls Club)
3 Yard
2
2
Trash
3 Yard
1
1
Comming►e
Newhall Park (Pool)
20 Yard
2
OC
Trash
20 Yard
1
OC
Green Waste
i
40 Yard
1
OC
C&D
113
Site Bin Size
Number of Bins
Frequency
Commodity
Newhall Park
20 Yard
1
OC
Trash
40 Yard
1
OC
Trash
20 Yard
1
OC
Green Waste
North Oaks Park
3 Yard
1
2
Trash
3 Yard
1
1
Green Waste
1.5 Yard
1
1
Commingle
Oak Spring Canyon Park
3 Yard
1
2
Trash
3 Yard
1
1
Green Waste
Old Orchard Park
3 Yard
1
2
Trash
3 Yard
1
1
Green Waste
Old Town Newhall Library
3 Yard
1
1
Trash
3 Yard
1
2
Trash
3 Yard
1
2
Commingle
Pamplico Park
3 Yard
1
2
Trash
3 Yard
1
1
Green Waste
Plum Canyon Park
3 Yard
1
1
Trash
3 Yard
1
1
Green Waste
River Village Park
3 Yard
1
2
Trash
3 Yard
1
1
Green Waste
Santa Clarita Metrolink Station
3 Yard
1
5
Trash
3 Yard
1
1
Commingle
Santa Clarita Park
3 Yard
1
2
Trash
3 Yard
1
1
Green Waste
Santa Clarita Sports Complex
3 Yard
1
3
Trash
114
Site
Bin Size
Number of Bins
Frequency Commodity
3 Yard
2
3
Trash
3 Yard
1
2
Commingle
3 Yard
1
2
Commingle
Skyline Ranch Park (future)
-
-
-
-
The Cube Ice Station
3 Yard
2
2
Trash
3 Yard
1
1
Commingle
Todd Longshore Park
3 Yard
1
1
Trash
3 Yard
1
1
Green Waste
Transit Maintenance Facility
4 Yard
2
5
Trash
3 Yard
2
2
Commingle
Valencia Glen Park
3 Yard
1
2
Trash
3 Yard
1
1
Green Waste
1.5 Yard
1
1
Commingle
Valencia Heritage Park
3 Yard
1
3
Trash
10 Yard
1
OC
Trash
3 Yard
1
1
Green Waste
Valencia Library
3 Yard
1
2
Trash
3 Yard
1
1
Commingle
Valencia Meadows Park
3 Yard
1
2
Trash
3 Yard
2
1
Green Waste
1.5 Yard
1
1
Commingle
Via Princessa Park (future)
-
-
Vista Canyon Park (future)
-
-
West Creek Park
3 Yard
2
1
Trash
115
116
Exhibit 4
Collection Container Specifications
E4.01 Cart Specifications.
E4.01.1 All new or replacement Carts must be manufactured with a minimum twenty percent
(20%) post -consumer recycled material content and come with a ten (10) year warranty against defects.
E4.01.2 Carts must be constructed with material that resists deterioration from ultraviolet radiation
and be incapable of penetration by household pets or small wildlife when lids are fully closed.
E4.01.3 Contractor must provide Carts having an approximate volume of 32, 64 and 96 gallons.
Actual cart volume may vary by +/- 10% depending on manufacturer.
E4.01.4 Carts must include wheels and handles that accommodate ease of movement by able-
bodied persons, have heavy duty wheels, attached hinged lids, and be designed to be resistant to
inadvertent tipping due to high winds.
E4.01.5 Carts must include lids that continuously overlap the Cart body so as to prevent the
intrusion of rainwater and minimize odors. The lids would be of a design and weight so as to prevent the
Cart body from tilting backward when flipping the lid open.
E4.01.6 Carts must be capable of being lifted into the Collection Vehicle without damage or
distortion under normal usage.
E4.01.7 Carts be hot -stamped, embossed, or labeled/decaled with the company name, a unique
identification number (i.e., serial number for carts), weight limit, and images of the type of materials to be
Collected. All Carts shall also contain instructions for proper usage. If any of the above is accomplished
via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout
the term to maintain a near new appearance. Decals/labels showing types of materials collected in each
Cart must be replaced annually.
E4.01.8 Cart and lids must meet all applicable colors and labeling specifications as set forth by
CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green
w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the
start of this Agreement).
E4.02 Bin Specifications.
E4.02.1 Bins must be constructed of heavy metal or heavy plastic and must be
watertight, well painted, in good condition and without rust or dents.
117
E4.02.2 Wheels, forklift slots, and other appurtenances, which are designed for
movement, loading, or unloading of the container, must be maintained in good repair.
cubic yards.
E4.02.3 Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4-
E4.02.4 Bins must have the name and phone number of Contractor on the exterior so
as to be visible when the Bin is placed for use.
E4.02.5 Each Bin must be labeled with a listing of materials that may and may not be
placed in a particular Bin type, and each Bin must include a conspicuous warning: "Not to be used for
the disposal of hazardous, electronic, or universal waste." Bins must be labelled in English and Spanish.
E4.02.6 Bid lids must be constructed of metal or heavy plastic, so as to minimize the
intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the rate set forth
in Exhibit 1.
E4.02.7 Bins must be capable of being lifted into the Collection Vehicle without damage
under normal usage.
E4.02.8 Bins must meet all applicable colors and labeling specifications as set forth by
CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green
w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the
start of this Agreement).
E4.03 Roll -off Container Specifications for City Services.
Roll -off specifications shall be the same as Bin specifications E4.02.1 through E4.02.6, and E4.02.8. Roll -offs shall
be provided in sizes 10, 20, 30, 40 cubic yards. Compactors shall be available in sizes 10, 20,35, 40 cubic yards.
E4.04 Kitchen Food Waste Pails
Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen Food Waste
Pails to SFD and MFD Service Units in the Service Area during the transition phase. The initial distribution of
Kitchen Food Waste Pails must be completed no later than July 1, 2023 along with educational outreach materials
as approved by City, and will be provided at no additional charge (one (1) pail per Dwelling Unit). The distribution
to new Service Units must be completed within three (3) Work Days of receipt of notification from City or the
Service Unit.
E4.05 Containers End of Life
Collection Containers must be recycled at the end of their useful life.
118
E4.06 Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within the City,
and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax
purposes.
Exhibit 5
Transition Plan
Burrtec has extensive experience in new program roll -outs ensuring success for the City of Santa
Clarita franchise implementation. Transition experience includes various conversions and
implementations of residential and commercial program including regulatory compliance, information
materials development, container delivery and removal, mailings, advertisements, routing, billings,
audits, and ongoing education.
After Contract Execution and prior to the Contact Start Date, Burrtec will provide the City of Santa
Clarita an update to the Start -Up Transition Roll -Out Plan for approval. The plan will include an updated
detailed timeline with activities and estimated dates including but not limited to:
• Vehicles
• Order specifications
• Confirmation of delivery dates
• Containers
• Order specifications
• Confirmation of delivery dates
• Staging and assembly location
• Customer container size selection
• Distribution plan
• Including collection of existing containers
• Employees
• Hiring progress
• Training
• Public Outreach and Education
A Burrtec transition provides customers with an experience that is reliable, orderly, seamless, and
without service interruptions conducted thoroughly and professionally by Burrtec staff. The transition
services may include the following as appropriate:
• Collect solid waste from outgoing contractor's containers
• Allow the outgoing contractor to collect from Burrtec containers
• Allow the future contractor to collect from Burrtec containers during the transition
• Service, remove and store outgoing contractor's containers after the transition
119
• Continue customer's services, container quantity and sizes, and applicable discounts from
outgoing contractor's customer service list, including not providing containers to addresses not
utilizing outgoing contractor's services
1. Prior to the Start of Collection Services
Beginning with the contract award, Burrtec will begin the implementation phase. Activities will
include strategic planning of staff organization, equipment and containers, developing routes and
schedules, and implementing education and program information plans. The primary focus is to
prepare customers for their new collection services and programs.
An excellent example of Burrtec's commitment to a smooth transition and the epitome of "We'll
Take Care Of It" is evident in Los Angeles County franchise area transitions. In these transitions,
some new residents had difficulty starting curbside services for the period preceding the new
franchise program effective date. In the spirit of Burrtec's dedication to customer service, curbside
collection services were started prior to the franchise effective date at no charge to the customer.
Our approach is divided into the following scheduled phases.
a. Proposal/Negotiation Phase
The Burrtec senior management team will work together throughout the proposal and contract
negotiation phase. Depending on the issues, one or more team members will be involved. Mr.
Burr, Ms. Sweeney, and Mr. Verner will lead the negotiations and have full authority to commit
the company to contractual obligations.
b. Start-Up/Transition Phase
Once the contract is authorized, Burrtec will immediately go into a start-up/transition phase.
The same senior management team members will work on implementing their respective
areas. All needed equipment will be ordered with delivery commitments consistent with the
start-up schedule.
The senior management team has developed numerous detailed plans and procedures for past
transitions with no service or operational issues for the jurisdiction, its businesses, or residents.
Burrtec's previous City of San Bernardino and Los Angeles County franchise implementations
were very successful and well -received by the affected communities.
120
c. Contract Phase
Once the transition phase is completed, the organization quickly settles into a more traditional
contract management phase. Mr. Verner, the facility's division manager will be the key day-to-
day contact and responsible for daily operating decisions. The senior management team will
remain advisory to the division manager, ensuring the full implementation of all contract
compliance, company directives, and procedures are maintained.
Burrtec successfully manages ten hauling locations and has effective and proven management
systems in place. Daily, weekly and monthly communications, reports, and meetings
coordinate this effort, assuring the customer that "We'll Take Care Of It."
2. Customer Communications & Selection of Equipment
General information about Burrtec and the transition plan will be one of the first elements of
customer communications. The container size and quantity selection, new container colors,
delivery schedule, and collection day schedule will follow. Customers will receive several notices
and updates throughout the transition period keeping them informed and prepared.
Communication methods include local newspapers, mailers, and flyers/posters at community
centers. Burrtec's website and social media platforms will contain informational updates and
postings. Containers are provided based on the current level of service and include supplemental
deliveries for missing program elements, ensuring customers receive a full complement of services.
Customers will have the opportunity to contact the customer service department and adjust
container sizes prior to delivery. As part of the container delivery, Burrtec will provide an outreach
package, which includes detailed information on the services offered for recyclables and organics
waste, bulky item collections, and proper disposal alternatives of unpermitted waste.
Distributing Food Waste Pails to Customers
Burrtec will deliver food waste pails before the service start date to single-family and multi -family
service recipients for no additional fee. Detailed educational materials on food waste recycling will
be included at the time of delivery.
3. Employee Retention
121
Prior to the service start date, Burrtec will secure a venue within the franchise area such as the
Hyatt Valencia, Embassy Suites, or other comparable locations, and invite prospective employees
and their families to learn about Burrtec's culture, competitive pay, and benefits, and learn why
nearly half of the current drivers at Burrtec average more than 20 years of service with the company.
Employees migrating from the previous contractor to Burrtec will retain their current pay rate,
seniority, and pre -approved vacations. Prospective employees will be required to provide a DMV
driving record, and undergo a physical evaluation once an offer of employment is accepted. Newly
hired employees will be welcomed at orientation, participate in OSHA and DOT compliant safety
training, and become familiar with the Burrtec philosophy, "We'll Take Care Of It!" before service
commences.
All Burrtec staff members who provide services to the City of Santa Clarita will receive detailed
information and training to prepare them for the new contract. Training will enable Burrtec to provide
a high level of service throughout the contract term
A. Training Route Drivers
All new drivers undergo training on solid waste and recycling programs, new container colors,
and the proper and safe use of the specific collection vehicles. Training includes onboard
systems, ride -along, and in -field evaluations, including driving and operating the equipment.
The Division Manager and Route Supervisor routinely conduct driver training briefings to
maintain safe and efficient operating standards. The local manager conducts a final
competency evaluation and verification to validate that the driver can safely operate the specific
collection vehicle. "On the Route" field observations assure that drivers are maintaining safe
work habits and excellent customer service standards.
B. Training. CSRs
It is imperative that CSRs understand the City of Santa Clarita's programs and report to the
local, Santa Clarita Hauling Division, for their shifts. New CSRs will be trained on Burrtec's
custom software and the "We'll Take Care Of It" customer philosophy.
C. Training: Mechanics
New mechanics will be trained in Burrtec's "Stop the Drop" program, Department of
Transportation Out of Service Criteria, and will be eligible to participate in collegiate level and
vendor sponsored training events. OSHA compliant safety trainings and company policies will
also be covered throughout the employee's tenure.
122
4. Transition Services
a) Regular Meetings
Regular meetings among Burrtec and City staff are essential to a successful transition program
throughout the agreement term. Coordination of activities, reporting, and customer service are
routinely discussed, developing action plans that produce positive and effective results.
Collaborative meetings are essential during the initial transition stages while customers
become familiar with Burrtec and come to understand the "We'll Take Care Of If' philosophy.
b) Activated Phone Lines
Customers utilize an existing phone number to call and ask questions about the new solid
waste and recycling programs.
With minimal auto -attendant features, experienced Burrtec customer service staff located at
our Santa Clarita office are prepared to answer all questions "live", and in a helpful, courteous
manner with bilingual (Spanish and other languages as requested) skills available.
Customer service will staff phone lines between 8:00 a.m. and 5:00 p.m. Monday through
Friday and on Saturdays between 8:00 a.m. and 12:00 p.m. following observed holidays during
the transition period and over the contract term. An automated telephone answering system
will take messages from callers outside these hours. Customer Service Representatives will
follow up on each message the following business day.
c) Determining Routes
Burrtec will utilize the existing collection schedule as a basis to begin service. Future service
level adjustments and additional services may require Burrtec to generate newly optimized
routes to reduce wear and tear on the streets. The operations team has worked in the Santa
Clarita Valley for a number of years is very experienced in developing efficient and safe routes.
Customers will receive information indicating weekly collection schedules, new cart colors, and
have the opportunity to speak with our local Customer Service Representatives should they
have any questions about their scheduled pick-up day.
d) Vehicle and Container Delivery from Manufacturer
123
Burrtec's vendors are prepared to address any additional needs for the awarded service area.
This includes the production and delivery of vehicles and containers as needed. Detailed
logistics and timelines will be submitted to the City as required. Burrtec will secure a location
or utilize the existing hauling yard for staging.
5. Public Outreach and Education Activities
A key to overall customer satisfaction and participation in waste diversion activities is providing
detailed educational programs and information. In partnership with The Musella Group, Burrtec
gears its outreach based on the needs of the various customer groups ensuring we provide
relevant, engaging, and consistent information on all City and CalRecycle requirements.
As a part of the transition, Burrtec will identify these groups and design the educational material
accordingly. These customer groups will include single-family, multi -family residents, Tier 1 & Tier
2 commercial edible food generators, and commercial services.
Burrtec's in-house capability to produce educational and promotional material in a bilingual
(Spanish or other required languages) format is a critical asset for any transition period.
Burrtec Web Site
Burrtec's website at Burrtec.com/SCV will be updated with the City's specific collection program
and services, including but not limited to:
• Transition plan
• Collection schedules
• Notices
• Program descriptions
• Service brochure
The City specific website is an additional tool for customers to obtain accurate and current
information on recycling programs, household hazardous waste disposal, special collections, and
SIB 1383 program requirements. The website can also include links to the City of Santa Clarita
website for additional program information requested by the City.
124
6. Transition Coordination
a) Coordinated Customer Service Data
Burrtec will coordinate the transfer of customer data with the incumbent service provider. All
pertinent customer information will be downloaded into new customer records. Information
includes customer account number, service details, contact information, gate and access
codes, roll -out services, or specific container staging and access information.
Using internal audit and mapping teams, Burrtec will identify all customers not currently
receiving solid waste collection service, secure the customer's data, and provide them with
program information.
b) Old Containers
Burrtec is committed to working with the current service providers, customers, and City staff to
make this transition as smooth as possible. As part of a typical transition plan, Burrtec will
schedule the removal and collection of any old containers from customers and coordinate a
seamless exchange for those customers that may be using containers from their current hauler.
7. Transition Schedule
Phase /Activity
Start Date
End Date
(1) PRE -CONTRACTING PHASE
(a) City identifies recommended proposer.
05/31/22
(b) Order Collection Vehicles
8/01/22
08/31/22
(2) CONTRACTING PHASE
(a) Contract Award/Execute Agreement
07/01/22
(b) Insurance
08/01/22
(c) Performance Security
08/01/22
(d) Execute Agreement
09/01/22
(e) Contracting Fee
10/01/22
125
Phase /Activity
Start Date
End Date
(3) TRANSITION PHASE
(a) Transition Activities:
(i) Transition Planning
09/01/22
06/30/23
(ii) Transition Team Meetings (Weekly)
08/01/22
06/01/23
(iii) After Action Meeting
08/01/23
(b) Employment Activities:
(i) Invitation to Apply
05/01/23
(ii) Recruitment / Family Fair
05/15/23
06/01/23
(iii) Employment Start Date
07/02/23
(c) Equipment Activities:
(i) Collection Vehicles
01/01/23
05/15/23
(ii) Residential Cart Production
04/01/23
06/01/23
(iii) Commercial Bin Procurement
04/01/23
06/01/23
(iv) Residential Cart Distribution / Removal
06/01/23
06/30/23
(v) Commercial Bin Distribution / Removal
06/01/23
06/30/23
(d) Customer Activities:
(i) CSR at City Hall
As Needed
As Needed
(ii) Customer Service Training
06/01/23
06/30/23
(iii) Residential Account Information
Customer Update & Audit
03/01/23
06/01/23
Initial Billing & Reporting
07/01/23
07/01/23
126
Phase /Activity
Start Date
End Date
(iv) Commercial Account Information
Verification & Sustainability Programs
04/01/23
06/01/23
Customer Upload & Audit
04/O1/23
06/01/23
Initial Billing
07/01/23
07/01/23
(v) Routing
04/01/23
06/15/23
(vi) City Facilities
06/01/23
06/30/23
Initial Billing & Reporting
07/01/23
07/01/23
Initial Billing
07/02/23
07/02/23
(e) Education, Outreach & Diversion Activities
(i) Residential Service Brochure
01/01/23
03/31/23
(ii) Print & Social Media
04/01/23
04/30/23
(iii) Update Burrtec Website
04/01/23
06/O1/23
(iv) Community Meeting
06/01/23
06/20/23
(v) Local Organizations Presentation
05/O1/23
06/30/23
(vi) Neighborhood Associations
06/O1/23
06/30/23
(vii) Residential Services Selection
06/01/23
06/30/23
(f) Food Recovery Assistance
(4) SERVICE START
07/01/23
07/01/23
(a) Route Adjustments
07/01/23
08/01/23
(b) Compliance Review
07/01/23
09/01/23
(c) Identify Tier One & Tier Two Customers
07/O1/23
09/01/23
(d) Assist Tier One & Recovery Inspections
07/O1/23
01/01/24
127
8. Commencement Date of Collection
Burrtec commits to meeting the City's service implementation date of July 1, 2023. All required
notifications and customer communications will be completed before the collection commencement
date.
9. Commercial Generator Transition Plan Supplement
Burrtec's supplemental commercial generator transition plan is designed to highlight commercial
generator changes and provide an opportunity for Commercial Service Recipients to adjust service
128
levels prior to the contract start. Months in advance of the service start date Burrtec Sales &
Recycling Coordinators will meet with commercial generators focusing on the following:
• Compliance with the new state diversion mandates
• Container size, frequency, colors, and labeling
• Commercial generator responsibilities
• Tier 1 & Tier 2 generator responsibilities
• Prohibited container contaminants
• Recommendations to "right size" service levels
Below is the supplemental transition schedule highlighting major milestones of the process.
129
Commercial - Phase I Activity
Start
End Date
Date
(a) Contract Award
07/01/22
(b) Collection Vehicles
08/0
04/15/23
1/22
(c) Compliance Review
08/0
09/30/22
1/22
(d) Share Review Results with City Staff
10/0
10/31/22
1/22
(e) Commercial Customer Outreach (Most Impacted)
11/0
12/31/22
1/22
(f) Commercial Customer Outreach (All Others)
01/0
03/31/23
1/23
(g) Community Meetings
01/0
06/01/23
1/23
(h) Commercial Bins Added, Replaced or Painted
08/0
06/30/23
1/22
(i) Recruitment (Additional Commercial Drivers)
04/0
06/01/23
1/23
(j) Final Customer Container Selection
05/0
06/30/23
1/23
(k) Bins Delivered
06/0
06/30/23
1/23
(1) Service Start
07/0
07/01/23
1/23
Compliance Review: Burrtec will conduct a compliance review of existing Commercial Service
Recipients using current MCR and MORe data. Customers are categorized into three groups:
• Most Impacted
• Minimally Impacted
• Exempt
130
.� Most Impacted customers include High Volume Generators and Low Volume Generators not
required to participate in MCR/MORe programs. Minimally Impacted customers include compliant
MCR/MORe customers with minimum levels of service. Exempt customers include all customers
having received an MCR/MORe exemption.
Determine Waivers: Burrtec will review current MCR/MORe exempt customers and evaluate Low
Volume Commercial Service Recipients to determine waiver eligibility. Burrtec will work with the
City to develop an SIB 1383 waiver process and categorize customers accordingly. The City will be
required to approve all waivers prior to issue.
Conduct Waste Assessment/Route Review: Burrtec will collaborate with City Staff to develop a
"best approach" customer awareness and education campaign for programs starting July 2023.
Most Impacted customers may receive a site visit from Burrtec Sales and Recycling Coordinators
(SRCs). SRCs will visit the customers' location, conduct a waste assessment, determine if
prohibited contaminants are present in containers, and provide a mockup service program best
suited for the customer's respective disposal needs. Updated bin/cart color information and the
new corresponding service rates will be included in the site visit. The goal will be to give Most
Impacted Commercial Service Recipients at least six months to either modify their current
operations or budget for the new program impacts. Compliance Review and site visit data will be
used to adjust model assumptions and optimize existing and potentially new routes.
Minimally Impacted Customers: Burrtec will focus on the Minimally Impacted Customer group
through site visits and/or educational materials with a goal of giving these Customers at least 90
days to prepare and educate their employees before implementation.
Commercial Equipment: Burrtec's container maintenance facility is centrally located in the City of
Santa Clarita at Burrtec's Santa Clarita Hauling Division. Burrtec will complete bin repairs, bin
washing, SIB 1383 paint and labeling requirements, and maintain an adequate container inventory
at this facility. Commercial serviced customers, including multi -family, mixed -use, and City facilities,
will have an opportunity to change or modify their collections subscriptions. Necessary container
changes will be completed at any time and as requested by the customer. Program and service
option information will assist customers in selecting containers and providing awareness for those
programs that are best suited for their needs. Burrtec's SRCs will facilitate the solid waste needs
assessment to maximize diversion and reduce solid waste disposal costs.
Commercial Education & Outreach
Burrtec will communicate with existing commercial customers in person, through mailers, using
social media platforms, print media advertisements, and public meetings. Print media and materials
131
are ideally generated and distributed using recycled paper content manufactured at local
businesses.
Additional advertising in local newspapers and on social media platforms encourages public
meeting participation educating customers on essential topics such as sustainability and organics
recycling requirements. Santa Clarita commercial customers may already be familiar with Burrtec's
existing social media presence in the Santa Clarita Valley.
91 Facebook: https://www.facebook.com/burrtecscv
01 Instagram: https://www.instagram.com/burrtecscv
In addition, Burrtec utilizes KHTS to disseminate pertinent information. Burrtec will also utilize the
following local resources for commercial outreach activities:
The SCV Signal and SCVTV
The Santa Clarita Valley Business Journal
Santa Clarita Valley Chamber of Commerce (SCV Chamber)
The Valley Industrial Association (VIA)
Rotary Club of Santa Clarita (SCV Rotary), Business Groups
SCV Economic Development Center Outlets such as podcasts and print
Full -color, multilingual service brochures will be distributed to existing commercial customers to
familiarize them with service protocols, diversion requirements, and service options. Burrtec
representatives will conduct meetings and speak with local businesses as part of the transition
team's public outreach effort.
132
Exhibit 6
Administrative Charges and Penalties
Item
Amount
a.
Failure to respond to each complaint within three (3) Work
$100 per incident per Service Recipient.
Days of receipt of complaint.
b.
Failure to maintain call center hours as required by this
$100 per day.
Agreement.
c.
Failure to submit to City all reports by the deadlines required
$100 per day.
under the provisions of this Agreement.
d.
Failure to include all parts of quarterly and annual reports
$100 per day.
specified in Sections 22.02 and 22.03 in the submitted report
e.
Failure to submit to City all payments bythe deadlines required
1% of the total amount due if fees are 1—
under the provisions of this Agreement.
10 days late; and 10% of the total amount
due if fees are more than 10 days late.
f.
Failure for Collection Container to be compliant with
$50.00/each Collection
specifications of Exhibit 4.
Container not compliant.
g.
Failure for Collection Container to be compliant with SB 1383
$50.00/each Collection
labeling requirements.
Container not compliant.
h.
Failure to display Contractor's name and customer service
$100 per incident per
phone number on Collection Vehicles.
day.
i.
Failure to Collect a missed collection Container by close of the
$1,000 per Calendar year,
next Work Day upon notice to Contractor, that exceeds twenty
plus $10 per incident per
(20) in any Calendar Year.
day.
j.
Failure to repair or replace damaged Containers within S
$1,000 per Calendar year, plus $10 per
working days, that exceeds twenty (20) in any Calendar year.
incident per day.
k.
Failure to maintain collection hours as required by this
$250 per day.
Agreement.
I.
Failure to have Contractor personnel in Contractor -provided
$25 per day per
uniforms.
employee.
133
Item
Amount
m
Failure of Contractor to follow Recyclable Materials and
Organic Waste Contamination and Overage procedures as set
forth under Section 5.07 and 5.13.
$100/day for failure to
implement correction
plan.
n.
Vehicle fluid leak incidents from Contractor Collection Vehicles
$5000 per incident in
in excess of one (1) per quarter and in excess of approximately
excess of one (1) per
5 gallons as determined by City staff
Quarter
o.
Failure of Contractor to provide proof of performance bond as
Agreement Default/$500
required by this Agreement
per day
p.
Failure of Contractor to provide proof of insurance as required
Agreement Default/$500
by this Agreement
per day
q.
Failure to provide City with documentation verifying Diversion,
as outlined in Section 8.01.1, was achieved.
$10,000/Quarter
r.
Failure to Collect holiday trees on Collection Days.
$25 per day.
s.
Failure to commence service to a new Service Recipient within
$150 per day
seven (7) days after order.
t.
Failure to initially respond to a Service Recipient complaint
$50.00 per failure to
within one (1) business day.
resolve customer
compliant or request
u.
For each occurrence of failure to properly return empty
Containers to avoid pedestrian or vehicular traffic
$150
impediments or to place cans upright with lids secure which
exceeds ten (10) such occurrences annually.
134
Exhibit 7
Customer Service Plan
For Burrtec, customer service activities are just as important as excellent route performance. We
maintain a local office in Santa Clarita staffed with local employees who understand the unique
characteristics of the cities they serve. Customer service is the cornerstone on which Burrtec
Waste Industries, Inc. was built. This philosophy is reflected in all areas of our business and is the
key objective in developing our service policies and procedures. Every Burrtec employee's mission
is "We'll Take Care Of It."
• Knowledgeable Customer Service Staff
Burrtec's Customer Service centerpiece is our caring staff supported by a technology network
designed to provide instant access to information. Excellent customer service is Burrtec's
Number One objective, and this philosophy is reflected in every facet of its personnel training
and procedures. As our ambassadors to the community, all Customer Service Representatives
("CSRs") receive in-house training, including a thorough explanation of Customer Service
Policies. Procedures clearly outline the steps needed to resolve customer service issues.
Burrtec CSRs are trained to operate and understand the computer systems and customer
database before responding to customer calls. Burrtec has over the past 20 years provided
the City of Santa Clarita with well -trained, knowledgeable CSRs who are fully aware of the
Company's procedures and contractual requirements. Representatives participate in periodic
and annual training sessions.
• One Call Goal
Burrtec aims to answer every customer question and resolve every customer issue with just
one call. CSRs are empowered to provide the customer with "one call" resolution to accomplish
this goal. Remarks are entered for each account upon contact with appropriately detailed
comments regarding the nature of the customer contact and the resolution. Inquiries and
resolutions are categorized by type and are reported and reviewed by Burrtec management to
identify trends and root causes, enabling quick corrective actions as warranted. Callbacks are
completed each morning with customers who had left a message during off business hours the
previous day or weekend. Customer Service Representatives can create work orders at the
time of the call, provide customers with a work status update, and will reconcile and close
completed work orders at the end of each business day, ensuring an accurate record is
maintained in the system.
• Customer Service Call Center
135
The City of Santa Clarita customers will continue to be directed to Burrtec's local customer
service call center at 26000 Springbrook Avenue, Unit 101, 661-222-2249, servicing the
contract area. Call centers are staffed with trained and experienced "CSRs" with multilingual
capabilities Monday through Friday 8 AM — 5 PM. All call centers at each of the Burrtec Division
offices can support or relieve capacity as needed. Additional customer service representatives
will be available for transition beginning one to two weeks prior to the rollout of new services.
1. Service Recipient Billing
A computerized accounts receivable
system generates customer billings for
uniform service fees, surcharges, and
discounts. Burrtec's Billing
Management Department manages
and maintains this system in Fontana,
CA. Daily Customer Service
Representatives receive process service
requests and create and close work orders, effectively reconciling the customer's account
information in real-time. The Santa Clarita Customer Service Manager will submit a billing
request to the Billing Department. The Billing Department reviews, verifies and processes the
billing files. The file is then uploaded to an invoice fulfillment center to process and prepare
the mailing. The invoice processing time from the request for billing to the actual mailing of the
invoice is approximately forty-eight (48) hours.
a. Invoice Content
Burrtec provides current and up-to-date information on the invoice. The invoice
includes Burrtec's contact information, including email, itemized costs by services, and
messages promoting paperless invoicing and electronic payments. Each invoice will
include payment directions and if a single-family dwelling invoice is pre -paid annually
a one -month discount.
b. Frequency
All residential customers will receive an advanced quarterly billing for the upcoming
service period. Remaining customers will be invoiced monthly. Invoices are sent on or
before the first day of each billing period.
SIR
c. Electronic Invoicing
Burrtec customers have the opportunity to reduce paper waste and receive electronic
invoices at no additional charge. Customers participating in the electronic invoicing
program continue to receive newsletters and other important program information.
Participants have the opportunity to receive correspondence by mail upon request.
d. Inserts & Statement Messages
The invoices will include a statement message with important reminders or inserts such
as an application for automatic bank account payment deductions, a holiday schedule,
a customized newsletter, or other information requested by the City.
e. Late Payment
1) Residential, Multi -Family Commercial and Mixed Use
All residential, multifamily, commercial, and mixed -use invoices are due and
payable by end of billing period. Burrtec will mail a reminder letter to any customer
that has not paid their bill within 30 days. The letter will indicate payment was not
received and warn that late fees may be applied beginning the first day of the
following month after the initial invoice was mailed. If an account remains unpaid
after 90 days from the due date, the city will be notified, and customer reminder
letters sent indicating the delinquency. A second letter will advise customers that
the account remains unpaid, contain the balance due, including late fees, warn
that delinquent balances will be sent to a collection agency, and service will be
disrupted unless the account is paid in full. Returned check fees may be charged
to the customer's account.
2) Billing Disputes
If a discrepancy is discovered in an invoice presented to a customer, Burrtec's
Santa Clarita management team will work with the customer to review, understand
and resolve the concern. A detailed and thorough review of the account's current
service levels requested service adjustments, additional services, or cancellations
will be evaluated in conjunction with account "remarks" and work order history
created by Customer Service Representatives during interactions with the
137
customer. The customer will receive updated information outlining why charges
were incurred or details of necessary adjustments made to the account.
2. Technology Network
The existing Burrtec technology network consists of two primary components: (i) Telephone
system and (ii) Customer record management system ("CRM").
a. Telephone System
Burrtec's telephone system is a full -featured Mitel Voice over Internet Protocol (VoIP)
system with:
• Multiple call paths offer several different paths/ways to receive an incoming customer
call
• Multi -queue enables CSRs to be logged into multiple queues at one time, offering
efficiency and increased availability during unexpected system or Santa Clarita power
outages
• Full Automated Call Distribution (ACD) reporting capabilities
• Complete off -site, seamless overflow/failover systems in a remote data center
• Data forwarding at every call center site uses Multi -Protocol Label Switching (MPLS)
for ensured communication abilities
Burrtec's Santa Clarita Hauling Division local phone number 661-222-2249 has been used
in Santa Clarita since 2002. Burrtec's telephone system enables real-time monitoring of
incoming calls, call duration, and calls on hold. The system displays the real-time status
of calls in progress, and the status is monitored by the Lead CSR and the Customer Service
Manager. The Corporate front office receptionist also monitors the system as a secondary
status review. The Customer Service Manager, the Lead CSR, and the Receptionist have
call load visibility in the Central Call Center and each Division Office. They can redirect
calls to available operators irrespective of their office location. Should a caller be on hold
for 90 seconds, the system offers the caller the option of continuing to hold or being
transferred to a message center. Callbacks to recorded messages received after hours
are made the next business day. Three more attempts will be made if a caller is not
reached on the first attempt. An electronic log of message center activity is updated with
each call and maintained in the system, and available for inspection by Los Angeles County
representatives at any time. CSRs encourage callers to provide an e-mail address or cell
phone number to provide updates to the caller without interrupting the caller with a return
phone call.
138
b. Customer Record Management System
The ability to redirect calls to any available CSR regardless of office location is possible
because of the versatility of the CRM System technology used at Burrtec. Burrtec has
developed a customized in-house Customer Relationship Management software platform
that is foundational to the hauling operations called 'WASTEC'. WASTEC fully integrates
accounts receivables, dunning/lien letter notifications, customer invoice presentment,
online bill pay, dispatch work order system, and routing logistics that all tie together to
ensure that services invoiced accurately match services rendered. This is accomplished
by using, Burrtec developed Geographical Information System (GIS) application to regulate
all rate structures available in WASTEC to each specific service address by geocoding
every customer to a digital street network. This GIS system also facilitates the ongoing
optimization of commercial and residential routes. This software and all related data, along
with other vital Burrtec applications and systems, reside on a host of servers. These
servers are housed at two regionally separated off -site and highly secure data centers
rated at N+1 level redundancy. Servers at each data center replicate to the other data
center throughout the day.
Further, all critical hard drives are disk mirrored and striped (RAID 10 level). Burrtec also
backs up all data on premise, off premise, and in the cloud. Burrtec's data is immutable,
encrypted, and air gapped (offline, disconnected, and inaccessible from the internet).
Burrtec's proprietary CRM is the source of every customer subscription and history. Each
customer record in the system includes the details about the customer's subscription,
service history (including special services performed such as add -on services, Bulky Item
pickups, temporary bin orders, and the like), call history, call disposition, and payment
history. The Central Call Center and each Division Office are linked to the CRM so that
any CSR can assist any customer from any Burrtec location. Once the caller's service
address is located, a supplemental pop-up screen is available to the CSR with additional
vital details regarding unique services and special events in the caller's community. Daily
logs of complaints are maintained and are available to the City for review upon request.
c. Work Order Processing
Each customer call requiring service action is recorded in Burrtec's customer record
management system ensuring work orders are scheduled as an action item for the
appropriate driver/supervisor. Once the service action is completed, the final resolution of
the customer call is input into the customer database system and recorded on the individual
customer records. Service actions include. -
Extra Pick -Up I Courtesy Pick -Up I Miss
139
Damage Claim
Exchange
Delivery
Load
Load/Dump
No Return
Relocate
Over Flow (Overage)
Complaint
Oil Pick -Up
Bulky Item
Attn Supervisor
Attn Driver
Complement
Attn Sales
E-Waste Pick -Up
Recycling Contamination
Tires
Appliance
Metal
Delinquent/No Service
Delivery Extra Bin/Barrel
Resume
City Requested
Exchange Damage
Exchange/Leak
Exchange/Clean
Exchange Increase
Exchange Decrease
Exchange Graffiti
Exchange Locking Bin
Exchange Lid Missing/ Broken
Other
d. Website
The City of Santa Clarita will have its own dedicated website which mirrors Burrtec's
recently overhauled and relaunched website. Burrtec's website will provide City of Santa
Clarita residents and businesses with information on payment methods, collection
services, recycling legislation, event services, ways to contact us, and more. The website
will detail Santa Clarita current services and rates, diversion options available, and allows
Service Recipients to submit service changes, inquiries, complaints, or queries. The
website is ADA compliant and has an accessibility option. The website contains City of
Santa Clarita specific programs, proper set out, educational materials, newsletters and
program descriptions.
140
EUMITEC
3. Staffing Levels
Burrtec's, City of Santa Clarita located call center will maintain a staff of twelve (12) customer
service representatives. If the Contractor is able to demonstrate through customer service data,
per Article 19, that a reduced number of customer service representatives is sufficient,
Contractor may request a reduction in staffing. Any reduction in staffing must be requested in
writing and approved by Agreement Administrator. Staffing includes front counter walk-in
serviceability for City of Santa Clarita residents and businesses who prefer to meet with a
representative in person. The staffing level will include assistance provided by the customer
service manager during peak hours or the adaptability of Burrtec's Mitel VoIP System, enabling
managers to allocate additional resources from nearby hauling facilities to limit unforeseen wait
times.
The Customer Service Manager periodically reviews call center statistics such as Make Busy
Time, Average Speed of Answer, and Average Talk Time to ensure key performance indicator
goals are maintained. Daily monitoring of calls offered, calls handled, and abandoned calls
ensure the highest service level and percentage of answered calls.
4. Payment Programs
a. Payment
Burrtec offers several convenient payment options for its customers. Payments can be
made by (1) mailing a check, (2) subscribing to an electronic payment program, (3) a free
24-hour automated call -in payment service using a touchtone keypad for credit card and
141
electronic check payments, or (4) calling customer service to process an electronic check
(ACH) or credit card payment. The flexibility to select payment options is offered at no
additional charge. In addition to available electronic alternatives, customers are always
welcome to visit our Santa Clarita office and process cash, check, or electronic payment in
person. Eligible customers paying a full year in advance will receive one month's credit for
services provided.
b. Refunds
Burrtec's automated process ensures customers receive timely refunds of overcharges on
advanced payments after canceling services. Refund requests are processed within 30
days from the date of cancellation.
142
Exhibit 8
Collection Service Operations Plan
Burrtec's continued growth and extensive experience in collection programs, processing and diversion
have situated the company in a position to ensure that necessary resources will be available during the
transition period and contract term.
1. Vehicles
New collection vehicles are on order to service the City of Santa Clarita in preparation for a contract
award. Burrtec will utilize uniquely numbered, new model year 2023 vehicles with a useful life
expectancy of fifteen (15) years. This will include:
Quantity
Type
Model
Year
Useful Life
1
Automated
Autocar Electric
2023
15
26
Automated
Autocar
2023
15
16
Frontloader
Autocar
2023
15
1
Scout Truck
Freightliner
2023
15
1
Bin/Barrel Flatbed
Freightliner
2023
15
During manufacturing and as part of Burrtec's transition plan, collection vehicles are inspected
periodically by Burrtec fleet personnel for conformance to required specifications. New collection
vehicles received for operations undergo performance testing, onboard system installation,
communication device setup, safety equipment checks, and fitted with appropriate identification
requirements specified in the contract upon delivery. Additional fleet vehicles have been selected
for use, ensuring no service interruptions at the onset of the contract. A complete inventory list will
be provided to the City prior to contract service start date.
143
a) Automated Collection Vehicles
The automated side loader is equipped with an automated arm (integrated with the body),
giving the best weight distributions and highest payloads. The 1,000-pound lifting mast reaches
108" with a 10-second dump cycle. Carts may be dumped and returned from any position
without retracting the lift. The self -leveling clamps handle 30-105-gallon carts. The packer
design allows for better compaction,
container clearance, and helps prevent -
spillage behind the compactor systems.
The hydraulic packer computer system
controls are preset to engage
automatically after the programmed
number of carts are dumped.
b) Commercial Collection
Vehicles
The commercial front-end loader (FEL) is equipped with an automated arm and moveable fork
system (integrated with the body), giving the best weight distributions and highest payloads.
The 10,000-pound arm capacity fills a 12 cubic yard hopper and is specially equipped with a
tipper mounted to the crossbar to service carts received from low -volume generators. The
hydraulic packer computer system is
preset to automatically engage after the
programmed number of containers
have been dumped. The packer design;>
allows for better compaction, container
clearance, and helps prevent spillage r!,m,; !
behind the compactor systems. La
144
c) Other Vehicles
Bulky item collection vehicles may include a front loader for trash and a non -compacting flatbed
for e-waste, white goods, and other recyclable material. Flatbed or box vans are used for barrel
and bin delivery, exchange, and removal operations.
Vehicle construction and design ensure solid waste or
liquids will not blow, fall, shift or leak out of the truck
onto the street. Scout trucks equipped with hook and
chain hold-down equipment ensure bins are safely
secured and withstand travel over steep or rough
terrain. Every vehicle comes equipped with a shovel,
broom, spill prevention kit, and fire extinguisher.
d) Specialized Equipment
Burrtec serves many customers throughout Southern California; some of these accounts may
be in isolated, hard -to -service or have space limitations such as the Newhall and Sand Canyon
service areas. Our experience includes hard -to -access mountain roads, unpaved desert roads,
narrow roads, dirt roads, tightly developed urban areas, and other atypical roadways.
These service challenges may require smaller
collection vehicles that can safely and effectively
maneuver in difficult service areas. Custom-built
for each circumstance; specialized vehicles
include either manual or automated collection
methods. While no single service option may be
ideal, Burrtec is prepared to provide equipment
alternatives to facilitate program compliance.
e) Vehicle Specifications
The requested vehicle specifications are identified below.
Fuel
Type
Size
# of
Axles
GVWR
Capacity
# of Collection
Compartments
Side Loader
CNG
36 yd3
3
54,900
10 Ton
One
Side Loader
EV
36 yd3
3
54,900
10 Ton
One
145
Fuel
Type
Size
# of
Axles
GVWR
Capacity
# of Collection
Compartments
Front Loader
CNG
40 yd3
3
54,900
10 Ton
One
Scout Truck
CNG
1-3 Bins
2
26,000
5 Ton
Zero
Flat Bed
CNG
60 yd3
2
26,000
5 Ton
One
i Minimum required turn space for
'^ Burrtec service trucks
- ---------------
------------
42'-0" A
Outer Radius
28'-0"
Inner Radius
I
f) Reduction of Air Emissions and Wear & Tear on City Streets
Burrtec continues developing and implementing programs at its facilities with positive
environmental impacts.
1) Reduced Air Emissions
Burrtec utilizes vehicles powered by Compressed Natural Gas (CNG). CNG is the same
type of gas commonly used in household appliances and as a home heating source. The
CNG clean fuel technology will help the environment by producing less exhaust emission
pollutants than standard diesel -fueled trucks. Burrtec's current CNG fuel is derived from
Renewable Natural Gas (RNG) resources produced in association with dairy farms and
146
supplemented by landfills not eligible to meet SIB 1383 procurement requirements. With
these "near zero" trucks and investment in fueling system installation at the Santa Clarita
Hauling Division, Burrtec remains committed to improving the environment. All alternative
fuel vehicles are equipped with the L9N Near Zero Emission Gas Engine, compliant with
current EPA, CARB, and South Coast AQMD emission requirements.
Burrtec will aid the City in achieving obligations set forth by the SIB 1383 Procurement of
Recovered Organic Waste requirements when reliable volumes of CNG transportation fuel
become available. CalRecycle's current resource for anaerobic digesters
https://www.calrecycle.ca.ciov/organicsislcp/procurement includes a list titled California
Anaerobic Digestion Projects Accepting Organics Waste from the Municipal Solid Waste
Stream (May 2021). This list details the status of 34 statewide anaerobic digesters with the
potential capability to create renewable CNG Transportation Fuel. Of the 34 facilities listed,
the status indicates 3 "Inactive" and 16 "Pending," totaling 19 anaerobic digesters (55.88%)
unavailable for use. Of the remaining 15 operational facilities, only five produce CNG
transportation fuel required to meet SIB 1383 procurement mandates for the entire state.
2) Reduced Wear & Tear on City Streets
Burrtec team members, who have lived in Santa Clarita for more than thirty years or have
worked at the Santa Clarita Division for more than fifteen years, will conduct a thorough
and comprehensive study of the existing routes currently operated by the incumbent within
the franchise area during the implementation period. Burrtec's geographic information
system (GIS) team members will develop route maps, verify routing requirements, and
begin to develop the operational platform used by our drivers. GIS team members focus
on key performance indicators to optimize routes, including but not limited to:
• Container counts
• Tonnage generation
• Labor hours
• Fuel costs
• Miles driven per route
• Start times
• Distance to disposal sites
• Facility hours of operations
• Time sensitive stops (schools and shopping centers)
• Traffic flow and turns required
Route optimization sets the following goals:
• Efficient use of resources and equipment
147
• Minimize the carbon footprint of the collection service
• Ensure the minimum number of changes and disruptions in collection service for
existing customers
g) Vehicle Technology
(1) Lytx Safety System
The Lytx system is deployed on all Burrtec collection vehicles utilizing a combination of
cameras, GPS, G-force measurement, and artificial intelligence (Al) to promote safe
driving techniques, to detect possible accidents or unsafe activities, and specifically
designed to work in areas with limited cell service. Burrtec uses the data collected through
the Lytx system and transmitted to the Safety Team to train and coach safe behaviors and
driving skills. The training consists of various methods that include one on one video
reviews of unsafe acts or conditions and the posting of videos that demonstrate safe
driving practices in driver breakroom areas. The Lytx system is utilized by fleets
nationwide to reduce the potential for accidents and injuries. Burrtec currently has this
system installed on over 600 vehicles. The Lytx system will meet the requirements for
Video and GPS as outlined in the RFP.
(2) Global Positioning System (GPS)
GPS data will track a vehicle's path route
with lines or dots superimposed on a map.
Data is gathered, including date, time,
speed, direction, location (address), and
available in reports. Reports will be
provided within two business days of the
request for a specific time or a geographic
area. Data is retained for a minimum of 14
calendar days. The minimum ping
frequency of occurrence that GPS data is
received from the vehicle will be at least
every ten seconds for all vehicles when within
the service area.
(3) Video Equipment
Burrtec's collection vehicles utilize forward video recording equipment to validate service
complaints such as missed collections and other items of interest and a camera facing solid waste
as it falls into the hopper. Video equipment will record once a vehicle leaves the yard during days
149
of operation. Video will be geotagged for location, time/date stamped, and adequate
resolution to identify the location serviced. Videos will be retained in an electronic format
for a minimum of 14 calendar days. Copies of videos or screen capture of a specific day,
time, or location will be provided within 48 hours of the request.
(4) Waste Facing Cameras
Onboard truck systems utilize cloud data platforms to document photographic evidence
of contamination and cellular GPS systems to track and record service location, date, and
time information. Onboard systems will aid in targeted route reviews.
h) Vehicle Appearance
All Burrtec collection vehicles will uniformly display the Burrtec color scheme, white with a bold
horizontal burgundy stripe on the body and horizontal orange and burgundy stripes on the cab.
Collection vehicles will be identified with the company name in a contrasting color and
constructed such that solid waste or liquids will not blow, fall, sift, or leak out of the truck onto
the street. Vehicles are repainted when reasonably required to maintain a positive public image.
Vehicles are equipped with general safety equipment, fire extinguishers, shovels, broom, and
spill prevention kits.
Automated side loaders and commercial collection vehicles may include promotional signs
regarding recycling, diversion, and safe handling of unpermitted waste with text, graphics, and
design approved by the City. The billboards can be changed periodically, with various trucks
carrying different messages to maximize public education. Below is an example of an outreach
sign currently used in the Santa Clarita franchise area.
149
i) Vehicle Maintenance Program
Management ensures all divisions comply with Motor Carrier Safety regulations and terminals
conform to the Basic Inspection of Terminals (BIT) Program standards. Each regulated vehicle
is inspected per California Vehicle Code 34505.5. Beginning with training, monthly
maintenance reviews and preventative maintenance programs are critical components to
ensuring compliance. Each program component is continually reviewed for effectiveness,
updated to maintain compliance, and has resulted in the Satisfactory rating on Safety
Compliance Reports / Safety Record Updates conducted by the California Highway Patrol.
Training programs include but are not limited to:
Topic
Description
Safety Training
CalOSHA required industry -specific safety training
CNG Tank Inspector
College -level certification course authorizing employees
to inspect CNG tanks
Air Conditioning (US EPA 609 Cert)
Certification program authorizing employees to recharge
and troubleshoot AC systems
Oil Analysis
Read and understand fluid analysis report results
Cummins Insite/QuickServe
Use of Cummins engine software
Allison transmission
Understand how to use Allison software
DOT OOS Criteria
Understand out of service criteria
Tire/wheel COS criteria
Understand out of service criteria for tires
Tire/wheel mount & demount
Safe installation and removal of tires
Tire repair
How to safely repair a tire
Merritor Brake & Wheel
Brake inspection training
Chassis/Air Brake ABS
Understand how to service and maintain air systems
LNG/CNG Troubleshooting
Troubleshoot fuel systems
CNG/LNG Hose & tubing
Understand how to build and maintain fuel lines
Stop the Drop
Hydraulic hose routing & spill prevention
150
Topic
Description
ASL Arm Hydraulics
Proper arm maintenance
Battery, alternator & starter
Charging system maintenance
Suspension systems
Understand how to service and maintain suspension
systems
Steering systems
Understand how to service and maintain steering
systems
Cooling system maintenance
Understand how to service and maintain cooling systems
Standard operating procedures outline maintenance program requirements, record -keeping
activities, and preventative maintenance schedules. Specific performance metrics are the focus
of Burrtec's monthly maintenance review program. Key performance metrics include but are
not limited to the following:
• Labor hours and productivity
• Labor details by vehicle
• Out of service journal records
• Scheduled preventative maintenance completion
• Multiple vehicle repairs
• Major repairs required
• Non -safety sensitive backlog
j) Vehicle Maintenance Schedule
Trucks are maintained in Burrtec's Santa Clarita yard by seasoned mechanics. Burrtec's robust
preventative maintenance program will ensure all vehicles are in good, safe, neat, clean, and
operable condition at all times. Collection vehicles will be thoroughly washed, steam cleaned,
and regularly painted to present a clean appearance. Burrtec will make all collection vehicles
available for inspection by City staff upon request. Burrtec agrees to replace or repair to the
City's satisfaction any collection vehicle that the City determines to be of unsightly appearance
or in unsatisfactory operating condition. Vehicle maintenance schedules are designed to
ensure vehicles are maintained at the highest state of readiness.
151
1) Daily Inspections
Driver cab cleaning
Driver vehicle inspections conducted
• Air brake inspections
• Pre -Trip - Before work commences
• Visually - While on the route and during disposal operations
• Post Trip - Upon completion of daily activities
2) Weekly Activities
Vehicle washing
Vehicle brake inspections performed by the maintenance department
• Air brake test completed
• Brake shoes or pads inspected
• Brake drums or rotors inspected
• Air lines, cans, and brackets inspected
• Wheel seals checked
• Back up alarm tested
• Back up lights inspected
• Brake lights inspected
• Back up camera inspected
• Repairs reported, recorded, and completed
Vehicle tire inspections performed by the maintenance department
• Tire tread depth measured
• Tires air pressure checked
• Tires inflated to manufacturers' specs
• Tires with defects or low tread changed
• Tires matched by the tread depth
• Repairs reported, recorded, and completed
3) Monthly Inspections
General vehicle inspections scheduled every 30 days comprising of over forty (40)
items inspected on each vehicle in the following component groups
• Vehicle Body
• Hydraulic System
• Engine Fluid Levels
• Cooling System
• Air & Brake System
• Fuel System
• Chassis and Suspension System
• Cab Controls
• Decals & Paint
• Safety Devices
• Camera System
• Registration and Documentation
152
4) Quarterly Inspections (every 90 days)
• Includes the monthly vehicle inspection and adds the following inspection
requirements
• Coolant sample sent for analysis
• Coolant pH test
• Engine oil sample sent for analysis
• Engine air, fuel, and oil filter change
5) Semi -Annual Inspections (every 180 days)
• Includes the monthly vehicle inspection and adds the following inspection
requirements
• Coolant sample sent for analysis
• Coolant pH test
• Change engine oil. Sample sent for analysis
• Transmission, air, fuel, and oil filters changed
• Transmission fluid sample sent for analysis
• Hydraulic fluid sample sent for analysis
6) Annual Inspections (every 365 days)
• Includes the monthly vehicle inspection and adds the following inspection
requirements
• Inspection of the hydraulic system
• Inspection of the transmission system
• Coolant is changed and the sample sent for analysis
• Manual Transmission/Differential general inspection
• Manual transmission oil sample sent for analysis
• Gear/differential fluid sample sent for analysis
7) Road Calls
Burrtec's maintenance program is designed to ensure the optimal readiness level of
collection vehicles. Burrtec maintenance departments are equipped to respond rapidly to
immediate driver needs if breakdowns occur. Designated technicians respond to drivers'
"Road Calls" for assistance using vehicles specially equipped to remedy most mechanical
failures that can occur in the field. An adequate amount of well -maintained spare
equipment is available should repairs require the vehicle to be returned to the hauling yard
or be placed out of service for an extended period. Burrtec's onsite approach allows
technicians to respond within one hour of the breakdown, minimizes driver downtime, and
reduces potential service delays.
2. Containers
153
Burrtec has secured an allotment of time in the manufacturing schedule for container production
from its vendors to fulfill the contract award requirements. Consistent with SIB 1383 regulations and
contractual requirements, containers will be colored and labeled with the required languages and
signage explicitly designed to facilitate diversion goals and convey general safety information.
a. Past Experience
Burrtec has long-standing relationships with two primary container manufacturers. For more
than two decades, the Rehrig Pacific Company has manufactured Burrtec automated carts.
Consolidated Fabricators, now Wastequip, has continued to supply Burrtec with commercial
bins and roll -off boxes for nearly three decades. Burrtec's long-standing and successful
partnership with these companies has provided a platform for Burrtec management team
members to provide input in the design, operational efficiency, and supply chain management.
1) Rehrig Pacific
The Rehrig Pacific Company was first established in 1913. For over 100 years, Rehrig
Pacific has believed the key to success lies in making products that give customers real
advantage. Today, Rehrig Pacific is in its second century of business, carrying on under
the leadership of the founder's great-grandson. The Rehrig Pacific Company continues to —
build upon its expertise in manufacturing and extensive knowledge of customers'
operations to create new solutions for customers.
2) Consolidated Fabricators
Since 1974, Consolidated Fabricators has committed to delivering a line of solid and
innovative products focused on performance, product development, fabrication, and
delivery. Consolidated Fabricators has become a reliable business partner within the
industry, and in 2020, Wastequip, the leading North American manufacturer of waste
handling equipment, added Confab to its portfolio of brands. This acquisition allows Confab
additional operating efficiencies to serve its customer base better.
b. Sufficiency of Capacity
Customers will be able to choose a variety of services offered by Burrtec's preferred source -
separated container collection system when considering their material stream volumes and
individual need for flexibility. Cart and bin serviced sectors, including multi -family complexes,
will be included in the source -separated system. Customers will be able to source separate
recyclables, organics, refuse, and food waste. This service combination is designed to
maximize diversion while minimizing the contamination of customized services amongst customers.
154
The variety of services offered will enable service recipients to receive clean, efficient, and cost
effective collection services. Available container dimensions are shown below. Additional
recycling and organic waste containers are always available to customers upon request.
155
Container Dimensions
Container
Height
Width
Depth
35 Gallon Cart
36"
17"
17"
65 Gallon Cart
38"
24"
24"
95 Gallon Cart
41"
26"
26"
1 Cubic Yard Bin
29"
72"
24"
1% Cubic Yard Bin
36"
72"
30"
2 Cubic Yard Bin
44"
72"
35"
3 Cubic Yard Bin
53"
72"
42"
4 Cubic Yard Bin
58"
72"
51"
6 Cubic Yard Bin
71"
72"
66"
c. Bin Enclosures and Limited Space
1) Bin Enclosures
Burrtec aims to maximize container utilization
and operational efficiency when collecting
waste, recyclables, and organics. Efficiency is I&BURRTEC
realized when the driver uses minimal `".'„jIt"
I DESIGN GUIDELINES
movements to position containers for i{
EDR
servicing. Appropriately sized enclosures,
� SOLID WASTE, RECTClA81E,
containers, and service frequency assist in 4 ORGANICS ENCLOSURES
maximizing collection efficiency, driver safety,
and reducing wear and tear on City streets by
limiting the number of times vehicles enter the
premises each week. Properly sizing
enclosures and providing an adequate number
and size of containers reduce overfilled
occurrences, accumulation of materials next to i
the container, and the use of unauthorized
containers for material storage. Burrtec
maintains staff capable of assisting City Planning Departments with urban planning and
development expertise specifically suited to address 'Design Guidelines for Solid Waste,
Recyclable, and Organics Enclosures."
156
Enclosures must be designed to comply with applicable building requirements, including
14 CCR Section 18989.1 CalGreen Building Codes as outlined in SB 1383 regulations.
Enclosures must be located no more than 150 feet from any residential unit for multi -family
residential projects. Ideally, containers should be placed so that they can be easily
accessed and are not blocking each other. Adequate area should be kept around the bin
so that lids can be shut when not in use.
Some businesses and multi -family projects prefer to store collection containers in a room
or area attached to the business or residential project. These may be acceptable storage
methods if the area complies with City development standards with bins positioned in a
manner Burrtec can efficiently access for service.
The actual type and amount of service will depend upon the specific needs of a business
or multi -family project. Burrtec's Recycling Coordinators will first use this information to
conduct site visits to customers, verify container counts, schedule follow-up waste
assessments, and begin "right -sizing" recyclable and organic recovery programs. Burrtec
staff will validate compliance with AB 827 and SB 1383 regulations when conducting waste
audits and assessments or processing waiver applications.
2) Limited Space
Burrtec will provide alternative container sizes to residential customers and older shopping
centers with limited parking and no enclosures such as Old Town Newhall, Lyons Avenue,
and Sierra Highway. Alternative container sizes will have the same commodity selections
as would have been initially provided. For example, up to 3 — 35 gallon carts will be
provided in instances where larger containers could not be accommodated due to space
restrictions for cart storage or set out sites.
Additional containers are also available in instances with commercial businesses or multi-
family dwellings. Burrtec will assist the City with waiver -related activities under SB 1383
requirements as listed below.
• Upon customer request
• Collected and review waiver applications
• Determining initial qualifications
• Record keeping and retention
157
Waivers will be valid for not more than five years. Customers may request a waiver for the
business' organic waste collection requirements if the amounts of organic waste are as
follows.
• Less than 20 gallons for businesses that produce two cubic yards or more of total
solid waste per week or
• Less than 10 gallons for businesses that produce less than two cubic yards of total
solid waste per week
Customers with legitimate space constraints requesting a waiver from their obligation to
recycle organic waste should be applicable in limited scenarios. Limited space waiver
requests are expected to decrease in use over time once building standards include
adequate container space requirements for organic waste collection. Physical space
waiver applications will include photographic evidence when submitted for approval.
d. Container Appearance
Variable container sizes will be available to suit customers' individual needs. Burrtec will
provide SB 1383 colors and labels for all container sizes. Labels for each service sector will
maintain continuity with messaging to strengthen the education and outreach efforts.
Residences can expect to see the same prohibited and authorized materials for each container
at their home and place of business.
1) Container Durability
All containers used by Burrtec are durable, easy to clean, and will:
• Maintain its original shape and appearance
• Require no routine maintenance and essentially be maintenance -free
• Not warp, crack, discolor, or otherwise deteriorate over time in a manner that will
interfere with its intended use
• Resist damage from everyday products and chemicals
• Be incapable of penetration by biting or clawing animals (i.e., dogs, cats, and
raccoons)
• Included wheel and axle assemblies to provide continuous maneuverability and
mobility as initially designed and intended
• Resist degradation by ultraviolet radiation, airborne gases, or particulate matter
currently present in the ambient air
158
Each container will be provided with a lid that continuously overlaps and comes in contact
with the container body or otherwise causes an interface with the container body that
simultaneously:
• Prevents the intrusion of rainwater, rodents, birds, and flies
• Prevents the emission of odors
• Enables the free and complete flow of material from the container during the dump
cycle without interference with the material already deposited in the truck body or
the truck body itself and its lifting mechanism
• It permits users of the container to conveniently and quickly open and shut the lid
throughout the serviceable life of the container
Cart lid designs prevent an empty container from tilting backward when flipping the lid
open. The lid will be hinged to the cart body in such a manner to enable the lid to be fully
opened, free of tension, to a position whereby it will rest against the backside of the
container body and remains closed in winds up to 25 miles per hour from any direction.
2) Automated Carts
-- The cart's body, made from up to 40% recycled material content and identified by a unique
serial number will include the company name or brand in a contrasting color. The cart lids
will include text and graphics listing each respective cart's acceptable and non -acceptable
items. General cart use information such as hazardous waste reminders is also included.
Informational graphics will reinforce the cart's intended use and serve as a convenient
reminder to customers. Below are the SB 1383 in -mold labels for trash, recycling, and
organic waste cart lids used in other service areas.
r"
BLACK BROWN GREEN BLUE
TRASH FOOD ORGANICS RECYCLING
159
RECYCLING ONLY
SOLO RECICLABLES
crc:i ��»sE uau+n.fn � � ray ua • nE.0 w.w a....:.nwruw anuE
�<NX! k>'uv r9i1C.. U> : Y.+iK • .V f.MnM aq n w lw.ss» M+M.♦ l»> � AM.+ M fwn : +.
ACCEPTABLE ITEMS ARTICULOS ACEPTABLES
ptK[ M AMY�nCYO � Wtl� LYI!{fY �TK r
v.rr .m.r w -.n. ww++s u.es...V wti>+r..�a✓w: eore wwu.r.w...u�o ,
40l..1;G4EKt k'EtMS . ANYMj1iE4'M W .!".q'Yl1}L#S
•.� wep.1 .. r.. •.. ,r �aUM1it • >nxr.rvw.e.wrt r..
ORGANICS ONLY
SOLO ORGANICOS
ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES
E!!w l�E�E>YUEYy;b caglE4lY*E Er10
lE�D�.,w})t.LEiTAtLt t1iMi M'i<i)E4i iq »:.tPtwtE[4
V a Is 0
...wrw...vw ANMMlTIt ,.i. arra..•v.w.v.. r..a.i i
GREEN WASTE ONLY
DESECHOS VERDES SOLAMENTE
ACCEPTABLE ITEMS E 40TICUL02 ACGPTAOLGS
..E... _......,�.E.WAN
. tlR101L0� ElplpttaM. r
--
MMwrw.f �� .s ie+wl.e.r ..o.rwe.'
P"
FOOD
WASTE ONLY
SOLO DESECHOS DE COMIDA
vQ'.:.1 35 • 10 RA'M sXAt :f:'+E,V C.:O • .^.0 M:T E... • vV ;,.:Ix,MC 4>'>'.`51Y
J1o.q
ACCEPTABLE ITEMS ARTICULOS ACEPTABLES
ftii� i.Y00.
3) Commercial Bins
TRASH ONLY
BASURA SOLAMENTE
.r iYlllbi•l10 OEYfgqfY[nMi•WNECrtLMIEi•b!Y]I[WOE OEIwaoiq
ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES
Below are the standard bin specifications and SB 1383 bin labels for trash, recycling, and
organic waste containers used in other service areas. Containers will include text and
graphics listing the acceptable and non -acceptable items. General use information such
as hazardous waste reminders is also included. Graphical information will reinforce the
container's intended use and serve as a convenient reminder to customers.
160
Standard Bin Specifications
• Plastic durable lid
• 14 Gauge construction with flanged corners and horizontal "V" groove ribs front,
back, and bottom
• 12 Gauge interlocking banding
• 11 Gauge 4" x 8" Full-length gusseted fork channels - on ends reinforced at pick-
up points (2" recess or flush front & rear). 1, 1 1/2, 2 cubic yd with 4 gussets per
channel, 3 cubic yd with 6 gussets per channel, 4 cubic yd with 8 gussets per
channel
• Channels are available on the bottom with 4 gussets per channel
• Zinc plated lid rod with 90-degree bend and nylon lock nut
• Lid holders to hold lids open
• Lid ears to accommodate plastic or steel lids
• 6" roller bearing rubber swivel casters with grease fittings (450 lb. capacity each)
• 10 Gauge caster plates with flange for strength
• Interior coated with automotive underseal or rust -inhibitive alkyd primer
• Exterior (including the bottom) painted selected colors with alkyd enamel paint
FOOD WASTE ONLY
fOl• •�su». M Cwr•
161
RECYCLING ONLY
SOLO RECICLABLES
ACCEPTABLE ITEMS NON ACCEPTABLE ITEM
AATIC41.03 AGEPTA. ARTY LGSM9ACEPTABLE S j
GREEN WASTE
ONLY {
DESECHOS VERDES SOLAM_ENTE
ACCEPTABLE ITEMS r NON ACCEPTABLEITEM
MTIcuLoa ACEYTAM.ES AATc wsRO AccvT ns$ '
�
ELq.kltiS.bCi/ �Ai1NRFC
EEF-3. u.:
NO HAZARDOUS
WASTES ACCEPTED
I"OD WASTE QNLY
SOLO OESECHOS DE COMMA
ACCEPTABLE ITEMS NON•ACC�TABLi ITEMS
AIiT CtI .ACFVTANL 5 4aT�C4L0lN 1=51ALN
____ORGANICS ONLY
SQ-LO ORGANICOS
_!—
{ ACCEPTABLEITEM$ NON -ACCEPTABLE ITEMS
ANT�CU OS ACkP1A61E3 Mi3CYLG3 NOtA�CE,PTABLE$ -
do
KMl.Taz.COl� #fµLC` d$E-32}lal>
Scaapnitplis Nurgardesecppsas
t4 i 1 c2so4ade
SSeallp, aptC18
j punishable bw law! ON lay!
L
TRASH ONLY
BASURA SOLAMENTE
ACCEPTABLEITEM$ NON ACCEPTA8LE ITEMS
MTICULGSACEPTAHI.E3 APIyCU ,SS NO AC TA$t 3
ice.....-..-...,,..._ ._...... .—.. _
162
e. Container Maintenance Program
Burrtec's container maintenance facility is centrally located in the City of Santa Clarita at
Burrtec's Santa Clarita Hauling Division. Utilizing a local hauling facility allows Burrtec, in many
cases, to complete bin repairs, bin washing, and paint requirements sooner than the contract
requires. Burrtec will maintain an adequate container inventory and parts in sufficient quantities
to deliver or replace containers within five service days of the request. The City will be informed
of inadequate inventory concerns or manufacturer delays.
Burrtec will replace or repair containers observed to be damaged or at the request of the City,
customer, or occupant. Fees may be charged for missing or damaged containers due to the
customer or occupant's negligence. Minor damages that do not impede the ability to collect
materials nor pose a safety concern are generally repaired or replaced on the customer's next
service day. Containers damaged from extraordinary circumstances or requests for repair or
replacement from the City, customer, or occupant will be completed as agreed upon at the time
of notification but no later than as required by the franchise agreement. In all cases, Burrtec
will ensure the customer's safety, and the functionality of containers remains the priority.
3. Route Operations
a) Advantages to Collection Vehicles Chosen
Vehicles are operated in compliance with the California Vehicle Code, applicable safety
standards, and local ordinances. The Burrtec fleet benefits from three specific advantages:
• Use of alternative renewable fuels. Burrtec's use of alternative fuels minimizes pollution,
reduces fuel costs, and capitalizes on renewable natural gas produced at dairy farms
and landfills. Renewable natural gas procurement further reduces the demand for natural
resources.
• State of the art technology. Many Burrtec vehicles bodies are specifically designed for
longevity and to collect the maximum payload possible using advanced materials such
as Hardox® wear and abrasion -resistant steel. Coupled with the Lytx Safety System
and GPS technology, the number of vehicles and routes required for service is
significantly reduced, eliminating unnecessary wear and tear on City streets. Additional
technological vehicle advances offered to the City of Santa Clarita are highlighted in the
Innovative "Green Approach" section under Environmental Stewardship.
• Conscientious of neighborhoods and families. Burrtec's equipment complies with US
EPA noise emission regulations, currently codified in 40 CFR Part 205 and other
applicable noise control regulations. Such noise control features are incorporated
throughout collection vehicles. Noise levels of equipment utilized for collection activities
comply with respective ordinances. They do not exceed 75 dcb when measured at a
distance of 25 feet from the vehicle, five feet from the ground.
163
b) Driver Responsibilities
Burrtec drivers are primarily responsible for safety and service.
Burrtec drivers are courteous, keep a personally clean
appearance, demonstrate a professional demeanor, and are
friendly at all times. Drivers maintain the accuracy of their route
sheets, including proper quantities and container sizes, and
use notification tags for prohibited container contaminants
discovered while servicing the routes. Drivers are considerate
when working near residences in the early a.m. hours, pack
loads only when necessary, and are on the lookout for
potential hazards involving children and pedestrians, animals,
vehicles, blind intersections, overhead obstacles, and poorly
lit areas. Drivers ensure all spillage of trash and enclosures
are clean after servicing containers. Drivers will advise their supervisor or dispatcher of
discrepancies or errors encountered. Notifications allow necessary corrections to be made
expeditiously. A copy of Burrtec's "Driver Handbook" containing a complete list of safety
requirements, driver responsibilities, and company expectations can be provided to the City
upon request.
c) Anticipated Driver Productivity
Total
# of
# of Vehicle
On
Total # of
# of
# of
# of
Route
Containers
Passes per
Route Operations
Route
Containers
Crew
Trucks
Routes
Collected /
Customer
Hours
Hours
Collected
Hour
per week
Residential Trash
1
11
11
118
107
52,825
90
1
Residential Recycling
1
8
8
86
78
47,181
110
1
Residential Organics
1
8
8
86
78
54,498
127
1
Commercial Trash
1
8
8
88
80
6,639
14
Up to 6
Commercial
1
5
5
55
50
4,764
16
Up to 6
Recycling
Commercial Organics
1
2
2
22
20
2,132
18
Up to 6
Bulky Collection
1
1
1
10
9
Varies
Varies
Varies
Barrel / Bin Delivery
1
1
1
10
9
Varies
Varies
Varies
Scout Bin Route
1
1
1
4
3.5
Varies
Varies
Varies
d) Operational Communications
164
When a customer contact requires Burrtec action, the CSR generates a work order. Work
orders transmitted electronically become the dispatcher's responsibility to schedule fulfillment
of the service request promptly.
Each day, drivers are given detailed route sheets and supplemental work orders. Route sheets
include account notes and work orders to provide the driver with specific service requests or
instructions provided by the customer. Additional customer requests requiring same -day
service are communicated to the driver by dispatch throughout the day. The driver will confirm
to dispatch when work is complete.
Before leaving the route for the day, drivers will contact on -site dispatch making their "Last
Call." Last Call communications ensure all work is completed prior to returning to the yard.
Upon returning to the hauling yard, drivers will check in with dispatch to complete a final
reconciliation of scheduled versus completed work. The hauling division's central location in
Santa Clarita allows for rapid response times and same day service in many cases.
The Route Supervisor monitors the status of all Work Orders to ensure timely fulfillment and
weight tickets for DOT compliance. Any CSR can access Work Orders at any time to monitor
status. Work order fulfillment timeliness depends upon the nature of the order. For example,
Dispatch attempts to resolve orders regarding service issues on the day received, while a Bulky
Item collection would be scheduled for the customer's next regular collection day.
e) Driver Contamination Monitoring
Drivers will use two primary methods to determine the type of prohibited container
contaminants they may encounter. These methods consist of process and task identification
techniques used to determine container contamination types that may be present.
Process Identification: Drivers determine what type of business uses the containers serviced.
Suppose a driver is at a fast-food establishment, and there are no recycling or organic waste
collection containers present. In that case, drivers will look for corrugated material or food waste
in the refuse containers during service and report findings accordingly.
Task Identification: Roll off drivers servicing containers at a construction site will notify dispatch
when organic waste is observed in the construction & demolition box that could otherwise have
been collected in an organics container.
165
Drivers will place notification tags educating customers on prohibited contaminants found.
Burrtec will inform generators on proper container utilization techniques and how contamination
can be corrected at discovery and using standard mail or notifications sent via e-mail. Red tags
are applied to residential customer carts and a visible contamination decal for commercial bins.
R. URRTE'C
" t f �� W 7crke C'cure Qf I [ "
TRASH OR OTHER CONTAMMATIOIJ FOUND PLEASE
COt4TACT CUSTOMER SERVICE 1-aE8-BURRTEC
f) Annual Service Level and Billinq Audit Approach
1) Audit Plan
Burrtec has developed a comprehensive plan to conduct annual route audits. This plan
utilizes trained Burrtec professionals experienced with equipment, auditing jurisdictions,
and our work order system and the processes required to resolve exceptions.
The route audit will be conducted over multiple weeks, and allows our auditors to physically
visit each customer within the City. Each auditor is fully trained to conduct these audits to
meet all CalRecycle and City requirements.
Auditors are equipped with tablets to document observations in real-time while on the route
and minimize data transfer errors. Each auditor will follow route lists specially designed for
each project which will detail customer account information in such a way as to allow
auditors to capture multiple commodities in a single visit to the customer's location on a
scheduled service day. Completed data will be downloaded nightly and reviewed by the
audit management team. An exception list will be generated from the data and provided to
appropriate personnel for processing. Exceptions -based work orders will be created for the
operations team to remedy timely and on a customer's future service day.
Burrtec will supply designated City personnel a detailed report upon completing the route
audit containing information on the procedures followed, of the names of the employees —�
who conducted the audit, a description of changes required resulting from the audit, and a
166
plan to resolve any exceptions still needing to be rectified. Included in the report presented
to the City will be the backup data.
2) Route Maps
Santa Clarita route maps will be included in the final report. Route maps will consist of city
overviews for residential and commercial customers for each commodity. City boundaries
will be highlighted to demonstrate proof that all routes exist within City limits.
Commercial routes are designed to serve a specific geographic area throughout the week
within City boundaries. Only one map will be shown for each trash, recycling, and organics
commercial route. In addition to route overviews, individual route maps per service day will
be provided for residential collection activities and arranged by commodity.
3) Route Audit Team
The route audit team is comprised of two groups. Burrtec's most seasoned auditor leads
the route audit management team with countless experiences in coordinating, conducting,
and validating account information. Additionally, the route audit management team will
include the Regional Hauling Manager and Santa Clarita Division Manager directly
responsible for the hauling operations within the City of Santa Clarita to remedy any
exceptions generated from the audit.
The route audit team members are comprised of a variety of skill positions within the
organization and operate out of multiple divisions. Route audit team members bring
industry knowledge of container conditions, work order processes, and computer skills, all
necessary to complete the contractual compliance requirement. Route audit team
members range from yardmen, to office staff capable of executing field audit operational
tasks and include seasoned drivers from multiple divisions.
4) Route Audit Team Training
Route audit team training will consist of individual components administered by the route
audit management team. The route audit team has extensive knowledge in completing City
of Santa Clarita commercial audits for nearly two decades, critical to efficient and effective
audit execution.
167
The first phase of training will be conducted in an office environment. The training will
outline an overview of the audit, including contract requirements, review map orientation
and City boundaries, and familiarization with the Pad and forms completed while onsite.
The second phase of training will consist of bin and cart contamination requirements. Using
actual examples of equipment in the field, the route audit management team will ensure
each auditor clearly understands what container contamination is.
Next, the route audit management team will conduct live field tests with each route auditor.
Field tests ensure proper use of the electronic tablets, confirm auditors understand
expectations, and ensure data transfer and exception reports can be generated from the
information collected by the route audit team.
5) Conducting the Audit
Auditors will arrive at each customer's location and select the appropriate or prohibited
materials found in each container observed, quantity of containers on site, and size of each
container. Audit results and corrections will be provided to the City as required.
4. Facilities
a) Designated Facilities
Burrtec corporate offices and hauling operations facilities used to service the City of Santa
Clarita are listed below:
Facility
Location
Distance to City Center
26000 Springbrook Ave
Hauling Operations
2.7 miles
Santa Clarita, CA 91350
9890 Cherry Ave Fontana, CA
Corporate Offices
76.5 miles
92335
Burrtec proposes delivering solid waste, commingled recyclables, and organics to the facilities
listed below.
168
Commodity
Disposal Facility
Facility Owner
Location
Distance to
City Center
Solid Waste/
Chiquita Landfill
Waste Connections
29201 Henry Mayo
g 2.Miles
Residue
Drive, Castaic 91384
20745 Santa Clara
Recyclables
Rent -a -Bin
Randfam Inc.
Street, Santa Clarita
6.1 Miles
91351
Organic
20745 Santa Clara
Waste
Rent -a -Bin
Randfam Inc.
Street, Santa Clarita
6.1 Miles
91351
E-Waste
e-Recyclers of
e-Recyclers of
7230 Petterson Ln
45.4 Miles
California
California
Paramount, CA 90723
Organic waste will be collected and hauled by Burrtec
and processed through the proposed Rent -a -Bin
facility. The Rent -a -Bin facility is currently in the
process of acquiring the proper Solid Waste Facility
Permit to receive, process, and transfer organic waste
by July 1, 2023. More details about the Facility will be
provided as the permitting process progresses.
b) Estimated Recovery Rates Net of Residue
Commodity Disposal Facility Recovery Rate
Permitted
Capacity
Recyclables Rent -a -Bin TBD TBD
Organic Waste Rent -a -Bin TBD TBD
c) Operational Limitations of Recycling and Organic Waste Processing
1) Organic Waste Processing
As of April 7, 2022, Rent -a -Bin is only permitted to accept green waste for chip and grind
processing activities. Recent discussions with Rent -a -Bin have indicated that they are
currently in the permitting phase to process organic waste to include bagged food waste
169
collected with the green waste, source separated food waste, and manure. Rates and
diversion estimates will not be available until the facility is permitted and constructed
Rent -a -Bin remains the primary facility selected to receive organic waste material. In the
unlikely event, Rent -a -Bin has not received their permits to process organic waste onsite
by July 1, 2023, materials would be delivered to Rent -a -Bin and transferred to Burrtec's
strategic partner, Agromin as an interim solution.
However, in order to receive and transfer the materials to Agromin, the Rent -A -Bin facility
requires a Solid Waste Facility Permit. In the unlikely event Rent -a -Bin has not received
their permits by July 1, 2023, as a temporary solution, Burrtec will use Sun Valley Paper
Stock Material Recovery Facility and Transfer Station to receive and transfer organic
material to an Agromin facility.
As soon as Rent -a -Bin receives the proper permitting and completes facility construction,
appropriate materials will be redirected to Rent -a -Bin.
Sun Valley Paper Stock Material Recovery Facility & Transfer Station is the alternative
transfer facility to Rent -A -Bin. Designed for an ultimate peak throughput of 1,250 tons per
day (TPD) and is permitted for 750 TPD. This is a typical transfer station responsible for
load checking green waste and food waste loads to remove large pieces of contamination
before materials are sent to Agromin's permitted organic waste processing facilities listed
below. The materials will be placed in a pile on the transfer station floor and are typically
transferred the same day. Burrtec has an existing working relationship with Sun Valley
Paper Stock for the transfer of materials for several franchised areas. There is adequate
capacity to receive and transfer the materials from Santa Clarita.
Agromin. With the increase in organic material availability, Burrtec has partnered with
Agromin, established in 1972 is a family -owned and operated company. Agromin is
California's premier organics processor and currently operates nineteen (19) organic
materials processing facilities in California, with plans to develop additional locations. Each
year, Agromin manages over 1.2M tons of organic waste materials through its own
processing facilities and its strategic partners' facilities. With over 200 dedicated
employees working within 15 counties, Agromin proudly serves more than 200
communities throughout California. To date, Agromin has responsibly transformed over 8M
tons of organic waste into organic products for use in agriculture, landscape, and retail
markets. Agromin's compost operation is in compliance with Article 12 Section 18993.1(f)
of SB 1383 regulations.
• Agromin Oxnard Organics Recycling Facility has been operating for two decades
and has served as a research facility for covered aerated static pile (CASP)
technology. Located in Oxnard, this facility accepts up to 200 tons per days of
170
green waste, agricultural processing waste, and wood waste. Agromin Oxnard
Compost Facility is permitted and has capacity to accept the Santa Clarita green
waste tonnages.
Agromin Mountain View Organic Waste Processing Facility has a Solid Waste
Facility Permit and will be operational in late 2022 before the July 1, 2023,
contract date. This facility will receive and process 300 tons per day (TPD) of food
materials, organic waste, and compostable fibers from the commercial solid waste
collection routes. The resulting 210 TPD of slurry may be used for anaerobic
digestion operations, and may eventually be processed into on -site animal food
production and fertilizer.
• Agromin Rancho Cristobal Compost Facility is expected to be permitted before
July 1, 2023 and will also have available capacity for Santa Clarita green waste
tons. This site will receive 200 tons per day of green waste for composting in the
hills of Ventura County to produce compost for mine reclamation projects and for
regenerative carbon farming by sequestering compost in the rangelands. Agromin
is concurrently developing partnerships to implement carbon farming on
rangeland, which can be considered for voluntary carbon offset credits.
2) Recyclable Material Processing
Rent -a -Bin cannot offer processing fees or diversion rates until permitting and construction
nears completion. Burrtec has a currently working relationship with Rent -a -Bin and has
frequent and regular communications regarding the current and future facility.
Rent -a -Bin currently accepts single -stream materials generated in the Santa Clarita Valley
for transferring to off -site processors. Burrtec transfers collected materials to its Burbank
Recycle Center (SWIS 19-AA-1149) located at 500 S Flower Street, Burbank, CA 91502.
Until Rent -a -Bin secures permits and constructs a facility, Burrtec will continue to utilize
Rent -a -Bin to transfer its recycling materials to the Burbank recycling facility.
d) How Recyclable Materials Will Be Marketed and Sold, Contingencies
Recyclable Material
Currently, commodity markets are relatively stable. Plastic markets now have more options
to ship to domestic mills. Markets have adjusted to the elimination of China as a significant
consumer of recycled materials. Quality standards remain high and challenge Material
Recovery Facilities, given the contamination levels in most recyclable streams. Shipping
to overseas markets can be complicated with existing trade imbalances, resulting in a lack
of space on outbound ships. Recyclable materials are currently averaging an estimated
171
$41.33 per ton in gross revenue before processing and residue charges. Burrtec continues
to expand its network of international and domestic outlets and brokerage firms to increase
the marketability of materials collected and diversion potential.
In each case markets fluctuated, Burrtec has been able to address the situation through a
combination of strategies including, but not limited to, sourcing out new markets, improving
processing output quality, and stockpiling material until conditions improve. Burrtec will
continue to use these same strategies in the future and is capable of adding emergency
storage capacity if necessary.
Organic Waste Material
Burrtec will coordinate and cooperate with the City of Santa Clarita to assist in meeting its
recycled organic waste procurement targets as required by SIB 1383 regulations. The
following programs should all be considered:
• Community compost giveaway events
• City parks landscape, medians, and turf enhancements where recycled organic
products are used to minimize water usage and improve soils
• Compost used in stormwater detention basins to promote vegetation growth
• Utilizing renewable natural gas derived from organics conversion technologies
as alternative fuel or electricity
• Burrtec can act on behalf of the City of Santa Clarita as a direct service provider
to procure compost and deliver material to a network of customers in the
agricultural community.
5. Safety
a. Staffing Safety Requirements
Burrtec's safety program is managed by its Safety Director and includes training, preventive
programs, and driver pre -employment risk evaluations. New drivers undergo extensive
classroom and in -cab training before being approved for solo operation.
Reporting to the Director of Safety, Driver Trainers coach drivers throughout the organization
to reinforce safe driving and work behaviors. Driver Trainers participate in in -cab ride -a -longs
with the driver, conduct field training events, hold classroom training, participate in post -incident
retraining, and review data collected by the onboard truck safety systems.
172
Periodically, route supervisors will conduct route observations both in -cab and following
vehicles. Route observations are meant to allow the employee an opportunity to demonstrate
safe work practices, defensive driving skills, and complete a written assessment of these
activities. Drivers will receive a copy of the observation and have the opportunity to provide
feedback.
All employees participate in routine safety meetings and scheduled refresher training
conducted by the company's Safety Director, division managers, and route supervisors.
Safety training topics include, but are not limited to, the following:
Accident Prevention Signs and I Injury and Illness Prevention
Tags
Program
Bloodborne Pathogens
Lockout / Blockout Program
Code of Safe Practices
-LO/BO - General Training
Confined Spaces
-LO/BO - Driver Training
Emergency Action Plan
-LO/BO - Packer Cleaning
Procedure
Driver Ergonomics
Packer System Cleaning &
Driver Responsibilities
Maintenance Policy
Fall Protection
Machinery & Equipment Safety
Fire Prevention Awareness
Policy
Hazard Communication
Compaction Equipment
Hearing Conservation
Personal Protective Equipment
Heat Illness Prevention Plan
Respiratory Protection
Awareness
-HIPP - Provisions of Water
Vehicle Fuels & Fuel Safety
-HIPP - Access to Shade
Automated Collection Activities
-HIPP - Emergency
Commercial Collection
Procedures
Activities
-HIPP - Heat -Related
Safe Commercial Bin
Symptoms
173
Handling Procedures
Manual Collection Activities
Using a Front End Loader
Manual Collection Activities
Using a Side or Rear Loader
Roll Off Collection Activities
Roll Off & Auto Tarp Equipment
— Overhead & Side
Clearance
Roll Off Box Specifications
Bin / Scout Truck Activities
Hook & Chain Hold Down
Procedures
Manual Container Activities
Using A Flat Bed Truck
Manual Bulky Item Collection
Activities
Manual E-Waste Collection
Activities Using a Flat Bed
Truck
-HIPP - High Heat Procedures
Industrial Lifts (Forklifts)
Each vehicle is equipped with a two-way radio, general safety kit, broom, shovel, spill
prevention kit, and fire extinguisher. The Santa Clarita on site dispatch department serves as
the center for all driver -route supervisor -customer service communications. This
communication system enables the field operations staff to promptly address safety issues and
service encounters such as locked gates, equipment malfunctions, or late set -outs. It also
effectively advises drivers when customers are ready for collection after mitigating a non -
collection issue.
Additional employee trainings include:
Drug & Alcohol Testing Policy
Employee Handbook Acknowledgement
Cell Phone Policy
Employee Privacy &
Confidentiality Policy
Dress Code Policy
Unlawful Harassment & Discrimination Policy
Attendance Policy
Smoking Policy
Meal Rest Period Policy
Paid Sick Leave Policy
Employee Rights under FMLA
DMV Pull Notice
Acknowledgment
DFEH California Family Rights Act
Overweight Policy
DFEH Pregnancy Leave
Burrtec continually works to update its safety program. Following are highlights of the
programs, training, and recently improved systems.
1) Proprietary Backing Accident Prevention Program
The Backing Prevention Program was developed to help field trainers and supervisors
teach and prevent backing accidents from occurring. This training was given to all
management and drivers that operate company on -road equipment and included written
performance tests. Burrtec experienced an immediate reduction in backing accidents.
174
Today, all new drivers are taught this technique and must pass both tests before driving
equipment on their own.
2) Supervisors Hands -On Prevention Training
Every quarter, the Burrtec management team receives regular safety training. Topics have
included post -accident investigation techniques, interactive trainer training lessons,
regulatory updates, and injury prevention subjects. New management team members also
receive in-depth training in smaller class sizes.
3) ytx Safety System
In late 2019, Burrtec began the deployment of the Lytx Safety System throughout the entire
fleet. With the help of cameras, g-force sensors, and real-time artificial intelligence
software, management can instantly review safety -sensitive behavior and correct it.
Lytx safety systems help Burrtec ensure that the fleet operates at maximum efficiency,
security, and safety while keeping risks to a minimum and avoiding false claims made
against drivers. Lytx safety systems work by using telematics and vehicle tracking systems
like GPS to record vehicle information sent to advanced software programs that analyze
the stream of data. These software programs offer reports on location, speed, idling time,
mileage, and driver alerts to help Managers discover trends and insights that point to
opportunities for driver efficiency improvements.
The term "telematics" is a combination of two areas of technology; telecommunications and
informatics. Burrtec's system is designed to send data over high-speed cellular
connections. The data contains vehicle location, direction, speed, driver alerts, and
recorded video.
The Lytx safety system has many components with specific best practice uses, such as:
• Fleet tracking — Identify vehicle locations in real-time for safety -related issues that
may arise
• Safety protocol — Safety Managers and route supervisors will regularly review safety
procedures with drivers and operators
• Real-time driver alerts — The Lytx safety system will prompt drivers each time they
engage in risky behaviors and encourage them to improve their performance
without managerial intervention.
175
• Ongoing coaching — Safety Managers will use fleet dash cams to evaluate incidents
and use the video as a coaching tool to connect with drivers
• Incident avoidance — Share video footage with incident claimants and local law
enforcement to validate that Burrtec drivers did not cause alleged damage
4) Load Fire Procedures
Unfortunately, fires in trash trucks are a common occurrence
that put lives, equipment, and community property at risk. In
2019, Burrtec augmented its load fire procedures and
submitted them to the San Bernardino County Fire Chief for
review and approval. Today, Burrtec's Load Fire procedure
has been adopted by the San Bernardino County Fi
Department as a recommended "Best Practice in the Count,.
Burrtec's safety records and its programs for Fall Protection, Lockout/Tagout, Heat Illness,
Hearing, and Respiratory Protection have been reviewed by Cal/OSHA and found to
comply.
b. Physical, Drug, and Alcohol Testing Requirements
Burrtec's Human Resources Director manages pre -employment physicals, pre -employment
drug testing, and random drug testing. We use local clinics in Santa Clarita, including
Concentra on Soledad.
Burrtec complies with the U.S. Department of Transportation and Federal Motor Carrier Safety
Administration (FMCSA) requirements to test under specific criteria, including the following:
• An accident
• Perform reasonable suspicion testing as required
• Participate in a random testing program for drugs and alcohol with DOT and non -DOT
personnel who drive company vehicles or are in safety -sensitive positions
c. Hazardous Waste Management Protocols
Inadvertently collected hazardous materials are a persistent problem facing the waste industry.
If hazardous waste is found, the customer is notified using a non -collection notice as an
education process for the customer and a safety measure for both driver and the City of Santa
Clarita. Drivers are trained in identifying, and notification procedures to avoid the unintended
176
collection of hazardous materials including unpermitted waste and e-waste. Vehicle cameras
are used to assist drivers to spot hazardous materials while tipping carts whenever possible.
Burrtec Waste Industries' Drivers, Route Supervisors, and Recycling Coordinators conduct
routine and periodic waste audits and inspect containers before they are serviced.
Burrtec has successfully implemented the following system to address the disposal of
unpermitted materials:
• Driver training on identifying hazardous materials
• Continual education to the customers regarding the dangers of improperly disposing of
hazardous materials
• Non -collection notices to be attached to a customer's container indicating that
hazardous materials have been identified in the container
• Informing residential customers of local household hazardous waste collection events
and the City's or County's Hazardous Waste website and phone number.
www.preensantaciarita.com or 661-259-CITY
• Labels notifying customers of the prohibition of discarding unpermitted waste in the solid
waste, recyclables, or organic waste containers
In the event hazardous materials are found in the waste stream, Burrtec has established the
following procedures:
• Once the driver identifies a suspected hazardous waste
situation, the local route supervisor is contacted to isolate the
material or load
• The material will be manifested and transported for proper
disposal by a licensed hazardous waste hauler contracted by
Burrtec. Removal of hazardous material will be in accordance < >
with all local, state, and federal laws and regulations, including
DOT Title 49 CFR and the United States EPA Title 40 CFR
• The local Department of Environmental Health and Director of
Public Works is contacted, and steps are taken to properly clean—up and dispose of the
material.
• Investigative efforts are made to establish the source of the material and the
generator(s) involved. When sources are identified, the customer is contacted as
appropriate
• Appropriately label containers containing unpermitted waste
Burrtec staff will notify the City if unpermitted waste is identified or suspected to be located on
public property.
177
d. Health and Safety Management Procedures
Every California employer must establish, implement and maintain a written Injury and Illness
Prevention (IIP) Program. The program must be available at the Santa Clarita Division, each
workplace, or central location if the employer has non -fixed worksites. The requirements for
establishing, implementing, and maintaining an effective written injury and illness prevention
program are in Title 8 of the California Code of Regulations, Section 3203 (T8 CCR 3203).
Burrtec has implemented a comprehensive Injury and Illness Prevention Program (IIPP). The
program is designed to "PREVENT" workplace accidents, injuries and illnesses. Burrtec's Injury
and Illness Prevention Program is complete with communication protocols, training
requirements, and personal protective equipment standards. Burrtec promotes the safest and
healthiest working environment possible for all employees.
1) Communication
Communication is critical to ensuring a safe environment for our employees, the
communities, and customers. Burrtec recognizes that open, two-way communication
between management and staff on health and safety issues, service concerns, and
customer feedback is essential to an injury -free, productive workplace. The following
communication system is designed to facilitate a continuous flow of safety and health
information between management and staff in a manner that is readily understandable and
consists of the following items:
• New hire orientation including a discussion of safety and health policies and
procedures
• Annual review of our Injury and Illness Prevention Program
• Workplace safety and health training programs
• Driver Training Manual
• Code of Safe Work Practices
• Heat Illness Prevention Plan
• Regularly scheduled and as required safety meetings
• Specific training as required or when new hazards are identified
• Weekly tailgate meetings
• Monthly safety meetings
• Effective communication of safety and health concerns between workers and
supervisors, including translation
• Safety quizzes when applicable
• Safety demonstrations when applicable
• Posted or distributed safety information and the use of appropriate signage
• Employee bulletin boards
• Electronic message boards
• Heat illness prevention cards
Y
• Lock Out/Tag Out information cards
• A system for workers to inform management about workplace hazards
178
• Open communication during tailgates, meetings, and as needed with local
management
• Direct contact to the Human Resources department outside of the chain of
command
• During periodic site visits by Human Resources representatives
• Open door policy at all levels of management, including local, regional, and
executive
• Safety suggestion box maintained at the facility
• Anonymous reporting system
• Program administrators and management team members meet quarterly, review
investigations of accidents and exposures, consider employee suggestions, and
make suggestions to executive management to prevent future incidents.
• Company Safety Accident Frequency Review program
Management ensures that all employees communicate and understand all safety and
operational policies and procedures. Managers and supervisors are expected to enforce
the company policies fairly and uniformly. Burrtec ensures that effective communication by
voice, observation, or electronic means is maintained so employees can contact a
supervisor when necessary. Other communication systems have been implemented to
ensure drivers can inform management about workplace hazards or concerns.
2) Training
Burrtec is firmly committed to maintaining a safe and healthy work environment. To achieve
this goal, all newly hired employees have specific, required training that must be
completed. Training is verified and approved after each training phase and before the
employee is released to perform assigned job duties. Working with the Safety Team,
Division Managers have sole responsibility to ensure training is completed and there is
zero -tolerance for employees assigned work without the required training.
Burrtec intends to reduce the risk of accident and injury to anyone by providing practical
employee training. It is the employee's responsibility to utilize this training and perform their
job safely. The employee clearly understands that safety ALWAYS comes first and
EMPLOYEES are the most valuable asset at Burrtec. Therefore, there is NEVER a good
reason to take a shortcut, compromise safety, or not follow safe work practices.
• Phase I Training - Classroom
Initial new hire training for all staff members centers on orientation, health & safety,
and familiarization with the company and its values. Set in the classroom
environment, the initial training phase allows the supervisor, human resources
representative, and senior management to focus on each newly hired employee
179
individually. Each initiative is structured to promote two-way communication and
includes safety topic quizzes to ensure objectives are understood.
• Phase II Training — Practical Application
Drivers undergo additional training in the field and partner with seasoned drivers
or driver trainers before being released to duty. Driver -specific training establishes
weekly initiatives requiring verification, review, and certification confirming that
objectives and performance standards are consistent with company expectations.
The employee must successfully demonstrate each learning objective and perform
the skills test. Practical application reviews are also performed during
unannounced route observations.
Minimum 50 Hour Safety Training Certification
✓ Read and Understands Concepts in the Handbook
✓ Can Explain Criteria for CDL Disqualification
✓ Can Explain Company Cell Phone Policy
✓ Can Explain the Proper Use of PPE
✓ Can Explain What To Do in an Emergency, Fire, Spill, or Hazardous Waste
Observation
✓ Can Explain What To Do if There is an Accident or Injury
✓ Can Explain the Use of Vehicle Safety Equipment (Lytx Safety System,
Backup Alarm, Fire Extinguisher, Spill Kit, Seat Belt)
Minimum 100 Hour Safety Training Certification
✓ Demonstrates the Proper Use and Operation of Truck Controls
✓ Demonstrates the Proper Use and Operation of Hydraulic Controls
✓ Demonstrates How to Conduct a Proper Pre / Post Trip
✓ Demonstrates How to Complete a Proper Air Brake Test
✓ Demonstrates Proper Cab Cleaning and Window Washing Requirements
Minimum 150 Hour Safety Training Certification
✓ Demonstrates How to Drive Defensively
✓ Demonstrates Safe Backing Procedures
✓ Demonstrates How to Lock Out the Vehicle Properly
✓ Demonstrates How to Clean the Packer per Procedure Properly
✓ Demonstrates How to Service Containers Safely
180
✓ Demonstrates Safe Disposal Site Practices
✓ Demonstrates How to Fuel the Vehicle Safely
✓ Successfully pass the Safe Work Practices skills test.
• Phase III Training — Release to Regular Duty
During the first 60 days of full duty, the new employee will receive additional
training and follow-up verifying proficiency in safety policies and practices.
Additional training includes but is not limited to the following:
✓ Attend a minimum of two safety meetings
✓ Attend a minimum of two tailgate meetings
✓ Successfully Completing One Pre Trip Driver Route Observation
✓ Successfully Completing One On Route Driver Route Observation
✓ Successfully Completing One In -Cab Driver Route Observation
✓ Successfully Completing One Disposal Site Driver Route Observation
including Packer Cleaning Procedures
✓ Successfully Completing One Post Trip Driver Route Observation
Burrtec drivers are assigned routes for the long-term, and they quickly become
familiar with their service areas. Burrtec often works with local agencies as a
`Neighborhood Watch on Wheels.' Burrtec drivers become another set of eyes on
the lookout for suspicious activity in this program. Over the years, Burrtec drivers
have initiated several suspicious activity reports to local law enforcement agencies
and provided vehicle camera footage to aid investigations.
3) Personal Protective Equipment
Burrtec's supplies, uniforms, driver identification, and safety devices are all standard -
issued equipment. Drivers are provided brooms, shovels, and liners in addition to Personal
Protective Equipment (PPE).
181
The purpose of the Personal Protective Equipment
(PPE) is to minimize injury to Burrtec employees
through the proper use and care of personal protective
equipment while servicing each customer. Employees
receive the correct PPE for their assigned job, in the
right size or style, and understand its care and use.
Periodic job observations identify changing needs for
the use of PPE. Changes that may affect the need or
use of PPE may include changes in the process,
equipment, personnel, surrounding environment, and
how tasks are performed. When such changes are
identified, Division Management, in cooperation with
the Safety Department, further assesses the need for
additional or updated PPE.
MW
Hard Hat -►
�a
6
Reflective
Uniform
Shirt or
__Reflective
vest
Sp"k to)
+w w..
omnt"k
Burrtec takes great pride in the safety and appearance x
of its employees. The driver's appearance is the first i
f
personal contact with customers, leaving a lasting
impression. Therefore, the driver's appearance and presentation are critical in maintaining
good customer relations. Burrtec provides standardized uniforms to all operations
employees, including route supervisors, drivers, mechanics, and yard personnel, to assist
in this effort. Burrtec contracts with a professional uniform supply company to provide all
operations personnel with clean uniforms every week. Dark gray pants and a light gray
shirt with high visibility safety striping characterize uniforms. Each shirt is embroidered to
include the company name and employee name. Uniforms are laundered weekly and
repaired or replaced as necessary to maintain a professional appearance.
Each Division clearly defines all areas and tasks for which PPE is required. The type of
PPE required is documented for each area and task associated with PPE use. PPE must
be inspected prior to and as appropriate during each use for defects such as holes, tears,
scratches, signs of material deterioration, cracks, poor closure, or any other sign of
degradation which may affect PPE performance. PPE with defects is immediately removed
from service, replaced, or repaired. Best Management Practices for each type of PPE
utilized by employees is assessed and established by the Safety department. The following
requirements apply to the various types of PPE listed below.
Hard hats are required when employees are outside of the vehicle at all transfer stations,
disposal sites, and processing facilities, as well as construction sites.
Hard hats are worn in areas where falling overhead objects, material,
or electrical installations could present a hazard to employees' heads.
Bump caps are not authorized substitutes for hard hats.
182
1�
.r Protection against impact, particles, chemical splash, molten materials, or flash is provided
to employees for face, neck, and eye safeguards. Contact lenses and regular prescription
glasses are not considered protective, and appropriate eye protection
must be worn as required. Eye protection is worn when employees are
outside the vehicle at all transfer stations, disposal sites, processing /
facilities, and entering any area designated for Eye Protection.
Hand protection must be worn when servicing containers or outside
of the vehicle at all transfer stations, disposal sites, or processingr-
facilities. A variety of gloves are available to protect the employee's
hands from abrasion, temperature extremes, chemical hazards,
physical hazards, particulates, electrical hazards, radiation, or
bloodborne pathogens where necessary. Gloves are correctly
examined prior to each use for their ability to protect the employee
against a particular hazard.
Each uniform contains the company and employee name for
identification. High visibility (reflective) clothing is provided to
employees exposed to public or private vehicular traffic or heavy
equipment. The high visibility clothing is intended to provide
conspicuity of the wearer in any light condition when viewed by
operators of vehicles or other mechanized equipment during
daylight conditions and under illumination of headlights in the dark.
When the company -issued high visibility uniform shirt is covered by
a non -high visibility garment (i.e., a sweatshirt or jacket), a high
visibility vest is required as the outer -most garment. High visibility
clothing must be worn outside the vehicle at transfer stations, disposal sites, or processing
facilities. Reflective vests are provided to Santa Clarita drivers as temperatures can vary
30 to 40 degrees in a single day. The reflective vests issued fit over employee jackets to
ensure visibility.
Foot protection with closed toes is worn in areas where objects could
present a chemical or physical hazard to the foot. Any employee who
spends time in areas (more than a "casual" walk-through) that require
foot protection must wear safety shoes. Drivers and helpers must wear
foot protection/safety shoes that have puncture -resistant soles and
sturdy support for ankles. Maintenance staff must wear foot
protection/safety shoes that meet the ANSI 75 Standards as approved
by Cal OSHA. Foot protection must have oil -resistant soles and steel
toe/tech toe. Foot protection must be worn outside the vehicle at transfer stations, disposal
sites, or processing facilities.
183
During normal operations, drivers are most often exposed to noise
levels below safety thresholds. Maintenance department noise
exposure is considered intermittent and impulsive, which, in most
cases, can be predetermined, allowing employees to take
precautions prior to engaging in the action (e.g., when a shop
employee engages a compressor, earplugs can be used prior to
engagement). Earplugs are available and used during intermittent
and impulsive noise exposures.
During the Santa Clarita summer it can be over 100 degrees for several
consecutive days. Water is a crucial preventative measure to minimize
the risk of heat -related illness. All employees working outdoors have
access to potable drinking water. Suppose the supply of water to the
Jobsite is not plumbed or otherwise continuously supplied. In that case,
water is provided in sufficient quantity at the beginning of the work shift
to ensure at least one quart per employee per hour for drinking
throughout an entire shift. Santa Clarita dispatchers communicate with
drivers every 2 hours to avoid heat related emergencies.
PPE and PPE storage bags are provided to each employee to
ensure that PPE is stored and protected from factors that might
degrade its performance. These factors include sunlight, heat,
extreme cold, excessive moisture, chemicals, dust, and physical
distortion. It is the employee's responsibility to maintain and store
their PPE correctly. Replacements are provided if the PPE
becomes damaged or has reached its useful life. Each PPE bag
has information tags with high heat, lock out/tag out, and brake
inspections reminder checklists.
6. Reporting
a. Detailed monitoring and reporting
Burrtec will collaborate with the City to maintain records and distribute reports required to
demonstrate City and State compliance directives. Burrtec will assist the City of Santa Clarita
in documenting SIB 1383 and other related legislative requirements using the Recyclist
platform. Burrtec's mobile Recyclist platform and database allow users to track qualified
customers, edible food generators (as applicable), food recovery organizations and services,
material processing waste characterizations, educational and outreach activities conducted,
route audit results compiled, complaints investigated, and recycled organic material products
procured. Burrtec's platform will enable the City of Santa Clarita to export information from the
184
database into the State's Electronic Annual Report (EAR) format, which now includes SB 1383
compliance. Designated City staff will have "real-time" access to monitor activities and
compliance as they occur. Reports will be transmitted to the City designee electronically as
required.
b. Method Used to Track Tonnage
To supplement SIB 1383 compliance monitoring and reporting requirements, Burrtec's Disposal
Reporting System identifies, records, and tracks valuable solid waste, recyclables, and organic
materials collection and disposal information. This Disposal Reporting System allows Burrtec
to provide the jurisdictions with accurate and up-to-date information required to meet all AB
939, AB 341, AB 1594, AB 1826, SIB 1383 and landfill -related reporting requirements.
Information submitted to the City is formatted and categorized to reflect the State's Source
Reduction and Recycling Element guidelines and indicates the City's percentage of diverted
materials.
9wbwsY Cu'�tle. M<'Ai
0.w�rl�Pa �FM
PSN�M/8at CAn
fmcWGY PVY iUW
amnMOY 9Y iW Na`IrM
GawiewV wcnH
c. Process for Reporting Complaints
Customer service representatives document complaint calls in the Customer Record
Management System. Management team members review daily complaint logs ensuring
appropriate resolution and follow-up. Burrtec will coordinate with the City to investigate any
applicable complaints required by SIB 1383 regulations. Burrtec's local management team
maintains a computer database log of all applicable oral and written complaints received from
customers or other persons. Complaint records will be provided to the City for periodic review
as required.
7. Scavenging
Burrtec drivers are assigned routes for the long-term, and they quickly become familiar with their
service areas. Burrtec often works with City staff and local agencies as a 'Neighborhood Watch on
Wheels.' Burrtec drivers become another set of eyes on the lookout for suspicious activity and
scavenging in this program. Burrtec will make reasonable business efforts to discourage
scavenging. Containers may be marked with language approved by the City and personnel will
185
advise persons witnessed removing recyclable materials that their conduct is in violation of the City
ordinance and can lead to penalties. Scavenging encounters will be documented and made
available to the City upon request.
186
Exhibit 9
City -Approved Processing and Disposal Facilities
The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material
Recycling Facilities, and Transfer Stations to manage the specified services and otherwise assist the
Contractor in the performance of the requirements of the Agreement. The Maximum Services Rates in
Exhibit 1 assume all material is delivered to the approved facility. Any City -directed changes to any other
non -approved facility will be considered a City -directed change in accordance with Section 30.01. The
capabilities and capacities of such facilities may change during the term of this Agreement; as such City
reserves the right to redirect materials to alternate facilities in accordance with any such changes. If the
Contractor requests to utilize another permitted facility, it shall be done at the Contractor's cost, unless the
parameters of Article 6, section 6.07, apply. The City must receive prior notification and approve any
change in facilities.
Disposal Facilitv
Approved City Facilities
SWIS Number
Site Name
County
Enforcement Agency
(LEA/EA)
19-AA-0052
Chiquita Canyon Sanitary Landfill
Los Angeles
Los Angeles County
Transfer and Processina Facilities
Approved City Facilities
SWIS Number
Site Name
County
Enforcement Agency
(LEA/EA)
19-AA-1095
Rent -a -Bin (Inert Type A Operation)
Los Angeles
Los Angeles County
19-AA-1096
Rent -a- Bin (Chip and Grind Operation)
Los Angeles
Los Angeles County
19-AA-1097
Rent -a -Bin (Small Vol. CDI Operation)
Los Angeles
Los Angeles County
19-AR-0011
Rent -A -Bin
Los Angeles
Los Angeles
Note: In the event that a fully permitted organics processing facility is developed at 20745 Santa Clara
Street, consistent with the existing agreement between the City of Santa Clarita and RANDFAM INC.
(d.b.a., Rent -a -Bin), the City reserves the right to direct the flow of organic material to this location for
processing in compliance with the requirements of SIB 1383.
187
Exhibit 10
Sustainability and Compliance Plan
1. The Burrtec Approach to Programs and Facility Requirements
Burrtec's approach to diversion programs and facility development is the right fit for the City of
Santa Clarita, based on knowledge and familiarity with the City's waste stream, and guided by four
principles:
• Employ Best Management Practices
• Conform to State guidelines and directions
• Think local
• Partner with regulatory agencies
a) Best Management Practices
Burrtec's approach to collecting solid waste materials, processing recyclable materials and
organic materials, and disposing of non -recyclable solid waste follow the industry's proven
Best Management Practices, meaning the practices that nationwide are determined to be the _
most effective and the most practical from technological, economic, environmental, and
sociological viewpoints.
From the alternatives available (multi -stream recycling, single -stream recycling, and mixed -
waste processing), Burrtec has invested in the Single Stream processing approach for the
following reasons:
• The single -stream approach is the industry's and CalRecycle's Best Management
Practice
• Waste generators are engaged in helping reach the goal because they make decisions
daily about what to recycle and what to dispose of
• Waste generators do not need to make the secondary sorting decisions and store the
multiple containers needed for individual commodities that the multi -stream recycling
approach requires
• Collection of single -stream materials is more efficient and economical than with the
multi -stream approach
• The feedstock quality for materials recovered at the source is far superior to that
recovered from mixed -waste processing
b) State Guidelines
188
Burrtec's approach is fully compatible with statewide 75 percent diversion goals, which focus
on four components: edible food recovery, source reduction, recycling, and organic waste
material processing. Disposal —related activities like alternative daily cover, transformation,
waste tire -derived fuel, and beneficial reuse at landfill disposal sites do not count toward the
statewide recycling goal.
c) Think Local
Transporting recyclable and organic materials long distances for processing tips the
greenhouse gas scale in the unfavorable direction when the GHGs of long -haul transportation
are included in the formula. For this reason, Burrtec has focused its efforts on facilities such
as Rent -a -Bin located in and near the Santa Clarita Valley communities that it serves.
d) Partnership; Standards Development and Education
Burrtec contributes to defining Best Management Practices for Southern California by being
actively involved with State and Regional government.
• CalRecycle, San Bernardino and Riverside Counties' Local Enforcement Agencies and
local jurisdictions regularly use Burrtec's West Valley Material Recovery Facility for
training workshops and public education purposes
• Burrtec has hosted an SCAQMD study of air emissions at its West Valley MRF
composting facility for the purpose of developing compost facility air quality standards
• CalRecycle features Burrtec's SB 1383 Municipal Program Overview as an educational
tool on their SB 1383 Short -Lived Climate Pollutant website.
N Cal Recyde'
• ._ ... - ...,._ : (uran,e bounty;
• .c.e=oca i;an'n ;Yolo County)
• Yolo County Edible Frod Recovery Program
• Citpo;Carlsbad: Ed:bie Food Reeenerj Program
• Burrtec SS 1383 Municipal Program Overview
• City of Palo Alto: Organic Waste Sell-kauter Requcements .Mailer
htt,os://wtvw. calrecycle. ca. pov/Organics/SLCP/education
Burrtec senior management are actively engaged with Local Enforcement Agencies and
CalRecycle in the development of regulatory standards for siting, permitting, and operating
organics processing facilities.
189
2. Meeting Diversion Requirements
The planned three container residential and three -plus container commercial source -separated
diversion programs will be new to some residents and businesses of Santa Clarita. Consequently,
it will take them some time to develop new habits. The SIB 1383 added requirement for residential,
mixed organic waste recycling places responsibilities upon jurisdictions to enforce compliance.
Local enforcement of the adopted ordinances will be critical to the success of diversion programs.
Burrtec will begin outreach and waste assessments with commercial and residential customers well
before the Franchise Agreement start date. Per the draft Franchise Agreement for solid waste
collected in the City of Santa Clarita, Burrtec proposes achieving the recycling requirements
outlined in the Agreement. However, Burrtec proposes an alternative diversion calculation
methodology that assures consistency with current and future CalRecycle requirements as further
explained in the exceptions section.
For Agreement Years 2023 and 2024, the minimum annual Franchised Diversion Rate requirement
will be forty percent (40%), and CalRecycle Diversion standards will be fifty-five percent (55%).
For Agreement Years 2025 and 2026, the minimum annual Franchised Diversion Rate requirement
will be forty-five percent (45%), and CalRecycle Diversion standards will be sixty percent (60%).
For Agreement Years 2027 and 2028, the minimum annual Franchised Diversion rate requirement
will be fifty percent (50%), and CalRecycle Diversion standards will be sixty-five percent (65%).
For Agreement Years 2029 and 2030 and each Calendar Year thereafter, during the Agreement
term, the minimum annual Franchised Diversion rate will be fifty-five percent (55%), and
CalRecycle Diversion standards will be seventy percent (70%).
For Agreement Years 2031 and each Calendar Year thereafter, during the Agreement term, the
minimum annual Franchised Diversion rate will be sixty percent (60%), and CalRecycle Diversion
standards will be seventy-five percent (75%).
Burrtec's proposed Diversion Plan is contingent upon each of the following:
• During the entire term of the Agreement, the City shall employ good faith efforts in
performing AB 341, AB 1826, and SB 1383 compliance enforcement
190
• Burrtec shall be allowed to count Self -Haul and Third -Party tonnage diverted as part of the
Franchised Diversion Rate Calculation for tons of material handled in a manner that counts
as diversion from all accounts receiving refuse collection service from Burrtec as outlined
the Draft Agreement
• Burrtec shall be allowed to count the City of Santa Clarita's edible food tonnage diverted as
part of the Franchised Diversion Rate Calculation for tons of material handled in a manner
that counts as diversion from all accounts receiving refuse collection service from Burrtec
3. Diversion Programs
Burrtec has always been at the forefront of material processing and landfill diversion efforts. We
take pride in our environmental stewardship and in partnering with our customers and
communities to achieve sustainability goals.
Diversion Programs
Single
Family
Multi-
Family
Commercial
City
Services
Legislative Compliance
X
X
X
X
SB 1383 Education, Outreach, and Training
X
X
X
X
Variable Size Container
Collection
X
X
X
X
Source Separated Recyclables
X
X
X
X
Special Event Collection Services
X
X
X
X
Source Separated Organics
X
X
X
X
Service Level Selection
X
X
X
X
Bulky Item Collection
X
X
X
X
Container Contamination Minimization
X
X
X
X
Holiday Tree Collection
X
X
X
X
Debris Box Collection
X
X
X
X
Construction & Demolition Processing
X
X
X
X
Compost Delivery and Give Away
X
X
X
X
Onsite Waste Consultation
X
X
X
Source Separated Green Waste
X
X
X
191
Diversion Programs
Single
Family
Multi-
Family
Commercial
City
Services
Source Separated Food Waste
X
X
X
Manure
X
X
X
Edible Food Recovery Assistance
X
X
Sharps Program
X
X
Clean -Up Days
X
X
Paper Shred -Events
X
X
Home Composting Units
X
X
Textile, Carpet, & Mattress Events
X
X
City Sponsored Events
X
Litter Abatement
X
Code Enforcement Clean -Up
X
Illegal Dumping Clean -Up
X
City Park Service
X
Additional Programs as Required
X
X
X
X
4. Diversion Facilities
a. Rent -a -Bin (Conservation Station)
20745 Santa Clara Street, Santa Clarita, CA 91766
Owner/Operator: Randfam, Inc.
192
Burrtec will eventually deliver blue cart recycling and green cart organics, per the City's request,
to Rent -a -Bin (tpd to be determined) processing facility. Until the permitting and construction
has been completed, Burrtec will utilize Sun Valley Paper Stock.
b. Sun Valley Paper Stock
8701 San Fernando Road, Sun Valley, CA 91352
Owner/Operator: Sun Valley Paper Stock TS and MRF
SM
Sun Valley Paper Stock MRF and TS
8701 North San Fernando Road
Sun Valley (In Los Angeles), CA 91352
Active
5rt..xK..L,e n..•
Permitted >
Land owww
Hama - Address Pique
Y—C, 14618Ar Mvy, B.W— Park,
step— CA91 M6
Name - Add— Photo
Randall, 10731Mko AYe,ChAY th,
H—,d CA,91311
Sun Valley Paper Stock TS and MRF
8701San Fernando Road
Sun Valley, CA 91352
Phone: (818) 767-8984
Loral E14 rce MAgerry ILIA
City of Los Angeles
Los Angeles Dept of Building & Safety, Local
Enforcement Agency Program
221 N Figueroa St Ste 1250
Los Angeles, CA 90012
Phone: (213) 252-3939
Department of Public Health
5050 Commerce Dr
Baldwin Park, CA 91706
Phone: (626) 430-5540
Burrtec will deliver green container organic source -separated material to the 1250 tpd Sun
Valley Paper Stock Large Volume Transfer Station. SVPS will be used as a contingency for
organic waste material transfer during construction and permitting at the Rent -a -Bin facility.
5. Program Schedule
With the approval of the City, Burrtec will do the following prior to the actual Franchise Agreement
start date:
• Inform and educate customers on the full range of all services offered, including container
exchange and cleaning, annual events schedule, and container utilization protocols
• Advise customers on selecting container sizes to maximize diversion and the potential
cost benefits of increased diversion
193
• Education requirements established in SB 1383 regulations not already completed by the �--
City
• Provide customers with a comprehensive list of acceptable and non -acceptable items for
each container
• Recyclable Materials include but are not limited to:
Aluminum cans
Magazines/catalogs
Aerosol cans
Newspaper
Aseptic containers
Paper
Brochures
Paper tubes
Cardboard
Phone books
Cereal boxes
Pizza boxes
Clothes hangers
Plastic containers #147
Computer paper
Plastic film
Coupons
Plastic milk jugs
Envelopes
Plastic bags
Frozen food boxes and trays
Polystyrene (Styrofoam)
Glass bottles/jars
Tin cans
Glass cosmetic bottles
Tissue boxes
June mail
Wrapping paper
Laundry bottles
• Organic Materials include but are not limited to:
Fruits
Teabags
Vegetables
Coffee grounds
Cooked meats
Plate Scrapings
-Beef
Food Soiled Paper
-Pork
Tree Trimmings
-Poultry
Prunings
194
-Seafood
Grass Cuttings
-Shellfish
Dead Plants
Bones
Flowers
Rice
Leaves
Beans
Branches
Pasta
Similar materials generated through landscaping
activities
Bread
Similar materials generated through construction
Cheese
activities
Eggs and Eggshells
While program implementation, education, and outreach efforts work simultaneously throughout
the year, key tasks for the first year of service will be realized in the quarters below.
a. First Quarter
• Begin meetings with key City staff monthly to review, at a minimum, program
performance, current and anticipated activities, specific outreach performed to promote
high participation in diversion programs, the ability for customers to change service
levels, awareness of additional services, approve methods to monitor contamination, and
customer messaging on diversion programs
• Educate City staff and customers on relevant legislative requirements and provide
recommendations to City facilities on increasing recycling participation and decreasing
contamination
• Develop and distribute public education and outreach material for all customers
• Sustainability/compliance representative(s) begin site visits and provide public education
and outreach to customers supporting diversion requirements
b. Second Quarter
• Waste evaluations and route reviews for customers and at City facilities
• Educate City staff on proper container utilization techniques, source reduction, and
prohibiting contamination
• Collaborate with education agencies on Earth Day activities, legislative requirements,
container utilization techniques, and prohibiting contaminants
195
c. Third Quarter
• Focus on right -sizing container services at businesses and multi -family facilities based
on a compliance review and results from route reviews conducted
• Provide the City with Burrtec's Sustainability and Compliance plan for the upcoming year
detailing measures intended to increase participation and diversion, target "problem"
areas, and outline planned education and outreach activities
• Implement the school education and outreach program at the start of the fall semester.
The program will include but is not limited to school resources, kid's activities, flyers, and
onsite outreach. School programs are tailored to the appropriate education level and the
audience receiving the information
• Annual reporting compilation and submittal
d. Fourth Quarter
• Tier 2 customer identification, education, and outreach activities in preparation of edible
food recovery expansion of generators set to begin in 2024
• Holiday messaging and collection activities
• Compliance monitoring plan for the upcoming year, including onsite training for service
recipients
• Annual services notice informative brochure development in preparation for annual
distribution
Subsequent years will follow similar formats and will include implementing targeted program
changes, education, and outreach efforts tailored to support diversion requirements based on the
results found in the fieldwork completed. Program modifications and additional education and
outreach activities will first be approved by the City prior to implementation and conform to SB 1383
regulation requirements.
Understanding that a full complement of on -going education, outreach, and evaluation activities will
be required to achieve the diversion goals outlined in the RFP. The diversion plan schedule below
identifies key milestones completed annually that will support Burrtec's efforts in attaining the City's
waste diversion goals. Significant attention to potential additional program development and
outreach may be necessary to reach the Franchised Diversion Rate of 60% by 2031.
Sector
Milestone
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
Education &
Residential
X
X
X
X
X
X
X
X
X
X
Outreach
Route Reviews
X
X
X
X
X
X
X
X
X
X
196
Sector
Milestone
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
&
Container Size
X
X
X
X
X
X
X
X
X
X
Adjustments
Record
Multi -Family
Keeping
X
X
X
X
X
X
X
X
X
X
Enforcement
X
X
X
X
X
X
X
X
X
Support
Diversion
X
X
X
X
X
X
X
X
X
X
Programs
Education &
X
X
X
X
X
X
X
X
X
X
Outreach
Route Reviews
X
X
X
X
X
X
X
X
X
X
Container Size
X
X
X
X
X
X
X
X
X
X
Adjustments
Commercial
Business
X
X
X
X
X
X
X
X
X
X
Commercial
Requirements
(includes
Education
mixed -use
Edible Food
service
Recovery
recipients)
Assistance &
X
X
X
X
X
X
X
X
X
X
Education
Enforcement
X
X
X
X
X
X
X
X
X
Support
Record
X
X
X
X
X
X
X
X
X
X
Keeping
Diversion
X
X
X
X
X
X
X
X
X
X
Programs
Reporting
X
X
X
X
X
X
X
X
X
X
Procurement
X
X
X
X
X
X
X
X
X
X
City
Community
Services
Meetings
X
X
X
X
School
X
X
X
X
X
X
X
X
X
X
Education &
197
Sector
Milestone
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
Outreach
Programs
Community
Event
X
X
X
X
X
X
X
X
X
X
Participation
Complaint
Investigations
X
X
X
X
X
X
X
X
X
X
Additional
Services
X
X
X
X
X
X
X
X
X
X
Program
Evaluation &
X
X
X
X
X
X
X
X
X
X
Adjustment
Franchised
Diversion Rate
40%
40%
45%
45%
50%
50%
55%
55%
60%
60%
Goal
6. Estimated Tonnages
The below table segregated by SFD, MFD, Commercial, and Additional Services estimates
tonnages for Recyclable and Organic Material delivered and processed, and the estimated residual
tonnages for each agreement year to calculate the Franchise Diversion Rate beginning July 1,
2023:
Sector
Material
2023
2024
2025
2026
2027
2028
2002
2003
203
2032
2033
Recycla
3,93
8,21
9,64
10,0
11,6
12,9
14,8
15,3
17,3
18,0
18,6
bles
1
5
5
53
30
60
13
77
99
31
72
Organic
12,1
24,2
30,4
30,2
33,4
33,1
36,2
35,9
38,9
38,5
38,2
Residential
s
94
34
72
69
01
64
14
42
06
95
78
4,73
9,57
7,51
7,67
8,69
8,00
8,96
9,11
10,1
10,2
10,4
Residue
3
9
9
2
5
5
1
9
22
99
77
Recycla
3,77
7,50
8,39
8,33
9,20
9,79
10,6
10,6
11,5
11,4
11,3
Multi Family
bles
6
6
2
8
4
4
98
21
01
13
23
198
Sector
Material
2023
2024
2025
2026
2027
2028
2002
2003
203
2032
2033
Organic
1,47
3,08
4,08
4,26
4,93
5,14
5,89
6,12
6,93
7,19
7,46
s
3
5
2
3
9
5
0
3
7
8
2
1,98
3,98
4,05
4,04
4,49
3,83
4,22
4,22
4,60
4,60
4,60
Residue
6
8
0
7
3
6
1
1
4
4
4
Recycla
3,75
7,44
8,29
8,21
9,03
9,57
10,4
10,3
11,1
10,9
10,8
Commercial
bles
8
5
5
2
2
5
18
01
07
74
39
(includes
Organic
2,88
5,95
7,78
8,02
9,19
9,46
10,7
11,0
12,3
1274
13,1
mixed -use
s
4
7
0
4
1
9
27
41
92
4
01
service
recipients)
2,33
4,68
4,41
4,41
4,89
4,24
4,66
4,66
5,07
5„07
5,06
Residue
1
0
9
1
2
4
4
0
9
4
9
Recycla
bles
43
87
91
91
93
94
93
94
92
93
93
Additional
Organic
Services
s
68
137
142
143
146
147
146
148
144
145
146
Residue
167
336
285
287
239
240
196
198
157
159
160
Diversio 40.3 40.3 45.2 45.2 50.2 50.2 55.2 55.2 60.2 60.2 60.2
n % 0% 0% 8% 8% 5% 5% 3% 3% 0% 0% 0%
7. Contamination Minimization
Contamination of recycling and organic containers negatively impacts the entire recycling system.
The container contamination minimization program is a vital component directly influencing
processing and residue disposal costs. Burrtec will include education pieces aimed at minimizing
contamination in the outreach program. The results of the waste audits and ongoing compliance
reports will be provided to the City and consist of the following elements:
a. Compliance Review
A desktop audit of generators with more than two (2) cubic yards of total solid waste per week
will be scheduled and completed annually. The audit will determine the generator's
participation status in organic waste recycling programs and allow focused education and
outreach efforts toward entities not subscribed to appropriate service levels.
•t
b. Contamination Monitorinq Plan
Burrtec has developed a comprehensive plan to adhere to the requirements outlined in SIB
1383. This plan utilizes trained Burrtec professionals who are experienced with equipment in
the field, auditing multiple jurisdictions, and familiar with our work order system and the
processes required to resolve exceptions noted while working to accomplish the goals outlined
in the Agreement. Burrtec will conduct onsite waste audits and provide written summary
reports for all service recipients at least once per year for the first three (3) years of the term.
Thereafter, onsite waste audits will be conducted on a minimum of fifty percent (50%) of
commercial service recipients, with the primary focus on those service recipients with the
lowest program participation or diversion.
c. Route Reviews
Targeted route reviews will be conducted over multiple weeks to support drivers' daily
contamination monitoring activities with multiple personnel. This will allow our auditors to
physically observe required commercial customer's recycling and organic waste containers
annually. Each auditor will undergo a series of training activities in preparation for the route
review. These training activities will include a review of containers utilized, familiarization with
route maps and franchise boundaries, a review of acceptable and unacceptable materials for
each type of container, and training on recording data in the field. Members of the management
team will conduct practice audits, data processing, and contamination noticing for exceptions
identified prior to auditors being deployed in the field to ensure a successful, accurate, and
timely route review.
d. Waste Evaluations
Mindful of the initial impact of residents witnessing auditors evaluate their containers for
prohibited contaminants curbside, Burrtec proposes initially utilizing waste evaluation
processes authorized by SIB 1383 for residential sectors. Each evaluation will undergo a series
of sample collections based on the size of the route studied. Contamination data discovered
during the evaluation is documented and photographed. Contamination notices are sent to the
entire route studied, identifying prohibited container contaminates discovered, reminding
residents of proper container utilization techniques, and providing additional information on
source reduction techniques. Drivers witnessing gross contamination or unpermitted waste will
still follow contamination -noticing protocols during the waste evaluation process. Targeted
route reviews follow for areas found to be over allowable contamination standards.
e. Contamination Noticing and Adequate Service Levels
200
Auditors and drivers will be equipped with technological aids to document observations in real-
time while on the route and minimize data transfer errors. Each auditor will follow route lists
designed explicitly for this project, which will detail customer account information in such a way
as to allow auditors to capture multiple material commodities in a single visit to the customer's
location on a scheduled service day. The Recycling containers shall be considered
contaminated if it contains more than 10% percent Non -Recyclable material by weight or
volume. The Organic Waste containers shall be considered contaminated if it contains more
than 3% percent Non -Organic Waste material by weight or volume. Initial contamination
percentages were consistent with requirements outlined in SIB 1383 for diversion of recyclables
and incompatible materials respectively and subject to more stringent standards should route
review results dictate.
Completed audited data is downloaded nightly and reviewed by the management team. An
exception list for customers with inadequate service levels will be generated from the data. It
will be provided to applicable personnel to process and coordinate follow-up onsite
consultations. Container exception -based work orders for identified damage or graffiti will be
created for the operations team to remedy timely or on a customer's future service day based
on the auditor's findings.
_ Findings of container contaminants greater than the percentage of the container contents
allowed will initially result in a "tag" or warning placed on the container, and the generator will
be provided with educational materials detailing material placement expectations and
directions outlining how to remedy the conditions found by the driver or auditor. A progressive
list of warnings may be used as follows:
All Single Family, Multifamily, Mixed Use and Commercial Recipients
1$t & 2nd Incident Within One Calendar Year - Upon finding container contaminants, the driver
or auditor may photograph contamination. A written notice will be provided to the customer,
including properly separating materials left on the container. A secondary notice will be
provided through direct contact, mailed, or electronically sent. Secondary notifications will
indicate contamination fees assessed for the third and subsequent notifications, and that cart
sizes and quantities may be adjusted. Documentation of contamination occurrences will be
digitally maintained.
V or Subsequent Incident Within One Calendar Year- Notifications will be considered
Contamination Violation Notices and include digital documentation. Burrtec will provide a
written notice, including photographs, collect the contaminated container, and charge the
customer a contamination fee. The City will be notified within five business days if container
sizes are increased or the customer has a contamination surcharge imposed.
201
f. Route Reviews & Waste Evaluations
Burrtec will conduct annual route reviews of commercial businesses and waste evaluations for
residential customers to verify commercial and residential generators' compliance with organic
waste generator requirements outlined in the Contamination Monitoring Plan section. Burrtec
will ideally follow the standard three and four container route review and waste evaluation audit
process shown below; however, an overview of SB 1383 requirements for each type of
container system is located on the following page for reference.
/ Standard Container Audit Requirements
A jurisdiction shall mon imr Ne mnbiners provided to genera fors using a threebo Riner or Mo-
mnMiner organ,c waste collection service m mini . prohibited mntainet mntamina in a
manner speared below.
Waste
Evaluation Rollie
Review
Eaeh Audit Method
CanWrorTypa
h Veer -Aa rddes
Dishra Serena -AraaW
Rer�dorn
MUMpIa Meee
P"
DESIGNATED ROUTES
Loeb orrice el SW hcigly
ft
inN mey �Y
radm W divarW eweY
Trgepd Rwr
Reriaw
Eduallm
Eridree
cram m.IF b W rmpMd
erM eveWMRouWn
Spedltc mgerremn
PerWties
Weed on wrkY cwtomer
count
halo ep�dY
aeam
ta20
sAw�Eacouer:DOR Record
ReuW M Wn1,500:25 aamp4sKzA—W64.5oo.
Reeih�
3,999=Jp rnprgitlY Keeping
Rowawi1.000SSS=]5 aempr rp
Rouen..irh ).papa = ap rmdr
202
ner Contamination Minimization
Performance
CjuFfisdicdonnitor the containers rovided to enerators usin athree-container
P 9 gganic
waste collection service to minimize prohibited container
contaminants in a manner specified below.
Waste
Evaluation
Blue a Green
Standard
Mixed Waste
Mixed Waste
Container Type
Three Container
Two Container
One Container
2x Year
System
System
System
Gray Quarterly
Multiple
Areas/Seaso.
Waste
Evaluation Route
Each Review
Container Type Audit Method -Al Routes
Audits
Between
2x Year -Annually
NW
25-40
Distinct Seasons -Random
Required
Samples per WC
Multiple -Not Every
Based on Route
Areas Container
Size
Between
25-40
No -25% Residue
Samples per WC
Based on Route
Targeted Route
Notify
Any study
Size
Review
Education
Evidence
Specific to
Penalties
Generators From
Begin
Yes
Stay
2024
7r owassallow No
+25%Residue Yes
WC Felen
Any study
Yes
No
Record Keeping
Implement Standard
Three Container
Collection system
g. Route Review Efficiency
Where possible and as approved by the City, Burrtec will attempt to reduce cost impacts and
minimize additional labor necessary to comply with contamination monitoring requirements.
Operational activities will be customized to facilitate regulatory review requirements by
capitalizing on existing programs and Burrtec's material recovery facilities.
8. Air Emission Reduction
Organic waste diversion offers many environmental benefits. Burrtec facility's organic
management program is designed to utilize the most effective technologies to reduce greenhouse
gas emissions, generate renewable energy, and reduce the use of chemical fertilizers in agriculture.
Burrtec has fully embraced SB 1383's intention to mitigate the effects of climate change by
producing high -quality soil amendments for agriculture and farming as well as organic slurries used
in anaerobic digesters.
203
The Burrtec West Valley Material Recovery Facility compost operation uses covered aerated static
piles to aerobically decompose organics into useable compost, significantly reducing odors, bio-
aerosols, and particulate matter emissions. The incoming feedstock of green and food material is
received, contamination removed, and material ground in the receiving area. The mixture is piled
into windrows and covered atop a controlled aerated system. Temperature and oxygen probes
monitor the decomposition process as air is blown through the composting pile and passes a bio-
filter. Once the retention time in the system has passed, and pathogen reduction requirements
consistent with 14 CCR 17868.3 met, the material is moved to open curing piles for 30 to 60 days
prior to shipment.
9. Reducing Wear and Tear on City Streets
Appropriately sized enclosures, containers, and service frequency assist in maximizing collection
efficiency, driver safety, and reducing wear and tear on City streets by limiting the number of times
vehicles enter the premises each week. Coupled with the Lytx Safety System and GPS technology,
the number of vehicles and routes required for service is significantly reduced, eliminating
unnecessary wear and tear on City streets. The routing optimization plan will also reduce wear
and tear on the City's streets by maximizing collection times during non -peak traffic.
10. Environmental Stewardship
Burrtec continues developing and implementing programs at its facilities with positive
environmental impacts.
a. Water and Power Conservation
• Vehicles operating under compressed natural gas (CNG) fuel systems are powered by
renewable natural gas (RNG) produced at dairies and landfills. This process reduces the
demand for natural resources and reuses organic waste to power the collection fleet
• Burrtec has installed four (4) compressed natural gas and three (3) liquefied natural gas
systems to fuel alternative -powered vehicles at hauling divisions. One such compressed
204
natural gas fueling station is located in the City of Santa Clarita at Burrtec's local hauling
facility. Onsite fueling limits wear and tear on City streets, reduces driver hours, and
minimizes lines at fueling stations for the public
• Onsite time -fill RNG fuel stations allow a fleet to fill overnight during off-peak hours. Off-
peak hours are times when the energy grid has excess electrical generation. Time -fill
increases the efficiency of refueling. In addition, time -fill stations ensure that compressors
only start and stop one time per day, reducing maintenance and extending the life of the
equipment
• A percentage of Burrtec's collected organic waste is converted to renewable natural gas
by anaerobic digestion processes at the Los Angeles Sanitation District, San Bernardino
BioDigester, and the City of Riverside Water Quality Control Plant. Burrtec intends to
utilize renewable natural gas to fuel collection vehicles operating throughout Los Angeles
and San Bernardino Counties
• Burrtec's network of organic waste processing facilities recover wood and brushy green
waste for use as a renewable biomass fuel. This material is used as a fuel source for
energy generation. This "green" fuel is burned in boilers to make steam that in turn powers
a turbine to generate electricity. Burrtec's network supplies regional local manufacturing
operations with this biomass fuel based on their operational needs
• Wood chips from Burrtec's organic waste processing operations are used to enhance
water reduction and conservation. In addition, processed organic materials are also used
for erosion control which assists stormwater pollution prevention best management
practices
• Native drought tolerant plants and automated sprinkler systems are installed at Burrtec
facilities
• Facilities utilize energy -efficient lighting in offices, shop, and general work areas when
possible
• Lighting controls in parking lots and common areas are automated via a timer system and
adjusted as needed
• In order to conserve electricity, most offices have motion sensors to turn lights off when
offices are unoccupied
b. Waste Reduction and Reuse
Mattress recycling is not a BLUE container program but nonetheless is a vital diversion
opportunity worthy of mention. Burrtec participates in California's mattress stewardship
program in which the sale of each mattress includes a fee to support mattress recycling
Commonly referred to as Styrofoam, white expanded polystyrene foam ("EPS") is used in
clamshell-type food containers, coffee cups, and packaging material in the form of sheets,
blocks, and 'peanuts'. These items may be identified by the #6 recycling symbol. Burrtec
uses a densifier to consolidate polystyrene foam efficiently. In the process, the foam is
crushed and shredded into small particles that are thermochemically heated and extruded
into dense ingots 1/90th their original volume. The palletized polystyrene ingots are
shipped to businesses in California that remanufacture the foam into a variety of consumer
goods ranging from picture frames to green building materials and nursery plant
containers.
Waste to energy conversion technologies are utilized to further divert material from the
landfill and to produce useful energy that is delivered to the regional power supply
network. Residue materials from the recyclable materials processed are transported to
fully permitted waste to energy facilities. The conversion/transformation credit ranges
from 70% to 90% diversion with recent averages closer to 80%. Additionally, the ash from
the incineration process is used to generate road base material for use in constructing
landfill roads
205
• Food waste recycling programs are in place in employee kitchen areas where regional
organics processing outlets are available
• Burrtec's management team members meet to review company sustainability programs,
evaluate the performance of their employee's participation in programs, and develop new
programs.
• Facility commingled recycling program. All offices utilize a two -bin system for recyclable
and non -recyclable materials. All recyclables are recovered and recycled
• The Company provides reusable drinking cups
• Replaced individual drinking water bottles with water dispensing systems
c. Procurement
• Procurement of waste and recycling office containers, office supplies, promotional items,
etc., is based partly on recycled content
• Ink cartridges are returned to manufacture for recycling
• All damaged automated carts are recycled, and all -new cart purchases have recycled
content
• Procurement of compost or mulch materials in sufficient quantities to assist the City in
meeting SB 1383 requirements. Mulch delivery can be provided in lieu of compost if the
City has an enforceable mechanism or ordinance in place per 14 CCR 18993.1(f) ensuring
proper renewable organic recovery requirements are met. This program will further
promote viable alternatives as best use options for processed green waste and organic
materials
d. Other
• Burrtec has developed a vehicle maintenance program that maximizes the efficiency of
our fleet and minimizes our environmental impact. Using Amsoil synthetic lubricants and
high -efficiency filtration products, we have reduced our fleet's oil consumption by over
60% and our lubricants by more than 50%. Benefits of Amsoil include
• Reduced emissions
• Increased fuel efficiency
• Longer lasting fleet
• Reduced dependence on foreign oil and petroleum -based products
• Used oils, fluids, and filters from all vehicles are collected and processed for reuse
• Tire recycling program. Worn tires are inspected for DOT compliance and re -treaded,
when possible, to reduce the use of virgin materials
• E-waste and Battery recycling programs are in place at Burrtec facilities and offices
• Metal scrap from maintenance shop truck body repairs is recycled
These practices will continue with implementing the exclusive franchise agreements awarded
by the City of Santa Clarita. New and/or updated practices will be incorporated into our
operations as program alternatives become practical.
11. Use of Local Vendors
In addition to the City resources required to operate Burrtec's Santa Clarita Hauling Division located
at 26000 Springbrook Avenue #101, Burrtec utilizes the following local vendors:
• Truck and equipment related vendors such as truck repair, electrical, plumbing, pest control,
& vehicle washing
• Firms such as legal counsel, public relations, media advertising
• Landfill - Chiquita Canyon
• Recycling Processor - Rent -a -Bin
• Participation in the Santa Clarita Valley Chamber of Commerce, VIA and KHTS activities
Nearly 15% of the employees working in the Santa Clarita Hauling Division call the City of Santa
Clarita home, including its division manager. Santa Clarita residents' use of local vendors, in
addition to the fifty-five (55+) employees currently working daily at the Santa Clarita Hauling
division, for nearly two decades, make it difficult to quantify but an essential part of the City's local
economy.
12. Innovative "Green Approach"
a. Electric Collection Vehicle Technology
Burrtec is pleased to offer an electric -powered collection vehicle for full-time operation in the
City of Santa Clarita to demonstrate the next generation of cleaner collection vehicles. This
enhancement comes at no additional cost to ratepayers or the City.
Burrtec has been closely following the development of electric -powered collection vehicles and
has concluded that the technology is 'route -ready' under the right circumstances. Electric -
powered trucks will provide cleaner, healthier air will be quieter in neighborhoods, and power
requirements will be met partly from renewable resources (estimated at 30+% and increasing
each year).
Burrtec has ordered six electric -powered collection vehicles from Autocar for delivery in 2022.
The Autocar ACX chassis will be powered by BLUE Horizon 14Xe ePowertrain supplied by
Meritor, Inc. from its North Carolina production facilities.
207
Burrtec will commit one of these new EVs full-
time to a Santa Clarita residential recycling route
to demonstrate to the residents and businesses
of Santa Clarita that the City and Burrtec are
committed to enhancing our environment.
Schematic Drawing of BLUE Horizon We
ePowertrain by Meritor, Inc.
b. Innovative Facilities
Burrtec takes great pride in knowing we have the resources to meet the individual needs of the
customers and the communities we serve. Our experience and knowledge will be used to
successfully execute the contract requirements for the City of Santa Clarita.
The implementation of the state's organic waste reduction regulations adopted under Senate
Bill 1383 (Short Lived Climate Pollutants) is the next critical step to protect our communities
and our environment from the impacts of climate change. In order to keep pace with California's
SB 1383 statewide goal of 75% reduction of organics disposed of in landfills, the jurisdictions
serviced by Burrtec must divert an estimated 670,000 new tons of organic material each year
by 2025. Targeting methane reduction in emissions in landfilled organics is an effective
mechanism for combating climate change and moving toward a more sustainable future in each
facility Burrtec owns and operates.
A brief description of our facilities, capabilities, and innovations to support SB 1383
requirements are included below:
1) Organic Waste Facility Network
Composting is nature's way of recycling. Burrtec's four compost facilities receive yard
waste and food waste that is broken down to become food for plants. Through composting,
the amount of refuse sent to the landfill is reduced, the organic matter is reused rather than
disposed of, and recycled into a valuable soil amendment. By composting, the generation
of greenhouse gases, mainly methane, is significantly reduced. In addition to emission
reduction, compost replenishes and revitalizes exhausted farm soils by replacing trace
minerals and organic material, reduces soil erosion, and helps prevent stormwater runoff.
Brief descriptions of each facility follow.
208
West Valley Material Recovery Facilitv
Burrtec's premier facility, the West Valley Material Recovery Facility, is located in the San
Bernardino West Valley Region of Fontana. The West Valley facility is a 7,500-ton per day
large volume transfer and processing facility handling mixed recyclables, wood waste,
organic waste (green waste and food waste), metals, and construction/demolition/inert
materials (CalRecycle SWIS No. 36-AA-0341).
Victor Valley Material Recovery Facility
Located at 17000 Abby Lane, Victorville, Victor Valley MRF is a 985-ton per day large
volume transfer/processing facility with an active 100-ton per day food waste composting
facility and a planned permitted 150-ton per day medium volume
construction/demolition/inert material processing facility (CalRecycle SWIS No. 36-AA-
0346). Burrtec operates this facility through a long-term agreement with the High Desert
Joint Powers Authority.
Edom Hill Compost Facility
Located in Cathedral City at the Edom Hill Transfer Station site, the Edom Hill Compost
Facility is a new 500-ton per day compost facility permitted processing source -separated
food waste and mixed organic waste into compost (CalRecycle SWIS No. 33-AA-0376).
Coachella Valley Compost Facility
Located in Coachella, Coachella Valley Compost is a 985-ton per day composting facility
processing wood waste, biosolids, manure, liquid waste, green materials, food wastes, and
construction/demolition material (CalRecycle SWIS No. 33-AA-0292).
2) State of the Art Facilities
Aqua Mansa Material Recovery Facility
Located in Jurupa Valley, Agua Mansa is a 4,000-ton per day large volume transfer and
processing facility handling mixed recyclables, wood waste, metals, inert material, green
waste, construction & demolition waste and a mixed organics in -vessel composting facility
(CalRecycle SWIS No. 33-AA-0248). In addition to the composting operations, the Agua
Mansa Facility has recently undergone significant sort line improvements, including
robotics. Agua Mansa offers transfer capability for residuals and non -recoverable solid
waste.
II•
3) Anaerobic Digesters
Burrtec's sister company, EDCO, is near full
operation of the first fully permitted state-of-the-art,
advanced technology Anaerobic Digestion (AD)
Facility in San Diego County. Anaerobic digestion is
an efficient and environmentally sustainable
technology that can significantly contribute to
managing organic waste in California and can power
a fleet of trucks with Renewable Natural Gas (RNG).
c. Strategic Partnerships
s i L7
w Ww 0"
Burrtec has partnered with Agromin. Established in 1972, Agromin manages over 1.2M tons
annually of organic waste materials through its processing facilities and strategic partners'
facilities.
Although Burrtec is planning on utilizing Rent -a -Bin for Santa Clarita, Burrtec's network of
organic waste processing strategic partners are working in collaboration toward establishing a -...
network of facilities and processing centers specifically designed to achieve the state mandated
requirements, sequester carbon in the soil, and reduce harmful greenhouse gas (GHG)
emissions as illustrated in the High Diversion Organic Waste Processing flow chart below:
210
Future High Diversion Organic Waste Processing Facilities will house many technologies to
prepare feedstock from single family, multi -family and commercial municipal solid waste.
Should the three -container system alone not achieve the 75% diversion rate, facilities must add
additional technologies to capture unrecovered organics and recyclables from the municipal
solid waste stream to eventually reach 75% diversion. Burrtec with Agromin is endeavoring to
surpass state mandates and help develop facilities so that communities can achieve the
benefits of a zero -waste infrastructure.
d. Supplier Partnerships
i BURRTEC Future SO t M3 High Diversion Organic waste Processing • Material Flow W gram v. AG RO M 1 N
— ast,�ts8a �IOSW Procaas,ny .:,k ,,. �.._, _.. ..-.,,,-.. .•;
Wood S ^r.—QIRM
-`
cw�wrrvr
stars
b AM.I�IC
D�gwafi.
M
COMMOMr
nrr NINON%
`0MM
to
S.— 6W.4"t
fir
11r.:;yy Scva:
was* OMM"
Rehrig Pacific pioneered a previously impossible process to manufacture carts out of an
unprecedented 40% recycled material without sacrificing strength or curb appeal. The High -
Density Polyethylene (HDPE) resin that Rehrig Pacific uses in its carts makes them 100%
recyclable. This allows our cart manufacturer to create a closed -loop system reclaiming and
recycling broken carts for reuse in new products at the end of life. Rehrig Pacific also has a
best -in -class R&D lab leading the way in evaluating non-traditional plastics sources, from bulky
rigid plastic -like patio chairs and laundry hampers to materials like ocean waste and discarded
rope. With seven manufacturing sites across the United States, Rehrig Pacific has a strategic
national footprint that allows for timely production and delivery of new cart orders and lower
freight costs.
211
Rehrig Pacific uses 60 million pounds of recycled post -consumer plastic diverted from the
waste stream each year. Rehrig's latest innovation
includes the development of an innovative new solution.
in diverting and utilizing ocean -bound plastics. The .:
OceanCore recycling cart is the first rollout cart made
with ocean -bound plastics. OceanCore results from
Rehrig Pacific's unique manufacturing expertise and a Introducing
tocean _
first -of -its -kind process that allows Rehrig to combine
virgin plastic with unmatched volumes of recycled 'OOrt made with
Eskaft s.
material. The result is a product that contains more
recycled material than previously thought possible
without compromising the structural integrity or appearance
of the final product.
13. Procurement
Burrtec offers an initial allocation of compost and mulch in tonnage amounts necessary to achieve
30% of jurisdictional procurement requirements. The following programs should all be considered:
• Community compost giveaway events
• City parks landscape, medians, and turf enhancements where recycled organic products are used to
minimize water usage and improve soils
• Compost used in stormwater detention basins to promote vegetation growth
• New construction and landscaping projects to meet Water Efficient Landscape requirements for
compost and mulch application
Through a direct service provider agreement, Burrtec will act as a broker on behalf of the City to help
meet procurement targets outside of jurisdictional boundaries.
Future considerations include utilization of renewable natural gas to fuel collection vehicles that will
aid the City in achieving the procurement obligations when reliable volumes of CNG transportation
fuel become available.
212
Exhibit 11
Outreach and Education Plan
1. Prior to Service Start Activities
Outreach describes the ways in which we communicate with our customers.
• Update Burrtec Santa Clarita Website. Immediately following the execution of the
agreement, the Santa Clarita Burrtec website will be updated to provide our new Santa
Clarita customers with full information about Burrtec services, programs and events
• Acceptable Material Labels. During the container assembly procedure, labels identifying
acceptable materials will be affixed to every container (carts and bins) used for collecting
Trash, Recyclable Materials and Organic Material
• Residential Service Brochure. Burrtec will distribute a bi-lingual service brochure to each
residential dwelling receiving individual collection to introduce them to services and promote
recycling and organic material diversion
• Community Associations. Burrtec will initiate contact with individual community associations
recommended by the City for purposes of holding informational meetings with residents and
businesses to discuss the transition of services prior to the service start date
• SCV Chamber of Commerce Presentations. Burrtec will conduct a SCV Chamber of
Commerce board of directors briefing on the transition and briefings at one or more
Chamber events
• Community Meetings. Burrtec will conduct noticed community meetings for purposes of
outlining services and answering questions from residents and businesses
• Media Advertising. Burrtec will publish print media advertisements utilizing KHTS, The SCV
Signal, and other local publications and websites to alert the community to the upcoming
transition in service providers
2. Implementation Programs
Burrtec's waste recycling and diversion program include
comprehensive public education and outreach that details program
services and maximizes the diversion of recyclables, green waste,
food waste, bulky items, sharps, mattresses, and e-waste. Our
approach to successful recycling and diversion programs is simple.
• Provide a wide selection of acceptable materials
• Offer a complete yet straightforward collection program
• Implement a public education plan that encourages
participation
• Reinforce the diversion programs
• Encourage residents to "Reduce, Reuse, Recycle"
• Educate City staff and Service Recipients on AB 341, AB 1826, AB 1594 and SIB 1833
213
The SB 1383 regulations require that organics recycling education and outreach be provided to all
residents, businesses (including those generating edible food that can be donated), local food
banks, and other food recovery organizations.
In communities where a substantial number of residents speak non-English languages, education
and outreach materials will be translated to ensure all residents and businesses can effectively
participate in organic recycling services.
A variety of outreach methods will be used to inform customers on program requirements, including
the following mandated topics:
• Methane gas reduction benefits, specifically how emissions resulting from the decomposition
of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions
contributing to global climate change
• Reduction of landfilled organics which are responsible for 25 percent of California's methane
emissions
• Prevention of organic waste generation, recycling organic waste onsite, sending organic
waste to community composting, and
any other local requirements
regarding organic waste WAIL c4,,,
nWYAWTO
Information on the organic waste LEA" Wow
generator's requirements to follow
proper container utilization `
techniques and edible food donation j
programs
a. Schedule of Materials
Brochures. Burrtec will distribute bilingual brochures on recycled paper, describing services,
proper use of containers, new container colors, and acceptable materials to all customers
(Residential and Commercial) before the Service Start Date. Brochures will also be distributed
to new customers when a change in occupancy becomes known to Burrtec.
Billing Statements. Each billing statement sent by Burrtec on recycled paper will contain a brief
notification to customers. Notifications include, holiday schedules, program participation
requirements, and legislative reminders.
Newsletters. Burrtec will distribute bilingual newsletters printed on recycled paper to
Residential customers as an insert in the bill on a quarterly basis. Commercial newsletters will
214
be distributed via Burrtec's customer billing to coincide with special program notices such as
SIB 1383 requirements.
Social Media. Burrtec will continue to develop and produce content pertinent to program
participation and diversion goal accomplishment on social media platforms. Content includes
titles such as:
• "Our Story" — A short history of Burrtec
• "Recycling" — Burrtec's material recovery facilities
• "Coming Soon" — Food waste recycling program development
• "What is Organic Waste" — Overview of acceptable green container material
• "Christmas Tree Disposal" — How to properly prepare your Christmas tree for disposal
b. Service Brochures
At contract inception, a service brochure will be provided to customers printed on recycled
paper. New customers will also receive the brochure as part of the Burrtec welcome packet.
These brochures will provide a comprehensive overview of the solid waste, recycling, and
organic waste programs, and the additional services. The brochures will be produced in
English, Spanish, or other languages where required and will include, but not be limited to, the
information listed below.
• Scope of services and geographical area including general information on container
colors and sizes available, how to change container sizes and quantities, information
about what to place in containers, and instructions on the set -out site
• Holiday Schedules
• Delivery, pick up, exchange, and replacement of containers
• Burrtec office hours, toll -free customer service telephone number, e-mail address, and
website
• City's information such as telephone number, location, Household Hazardous Waste
information, and other information as required
• Newsletter
• Training on how to sort organic and recyclable material
• Description of green waste and food waste items allowable for collection and items
prohibited
• Description of acceptable recyclable materials
c. Community Meetings
215
1) Prior to Start of Contract
Burrtec will hold community meetings to explain the new contract services and highlight
program elements. Meetings will be held on weekday evenings and separate Saturdays
as agreed upon with City's approval. The meeting dates, program information, and
arrangements will be reviewed with City staff prior to finalizing. All customers will receive
a community meeting notification at least two weeks prior to the meeting or approved by
the City.
2) Instructional
Upon request, Burrtec will hold community meetings in English and/or Spanish or other
languages as required informing customers how to recycle properly and what organic
waste diversion means.
d. Written Notices and Outreach Materials
1) Upon Start of Services
Burrtec will develop written educational materials and deliver them to Customers. Burrtec
will utilize technology, such as smartphones to distribute educational materials, reach more
people, and reduce paper waste. Customers will be given a choice of how they want to
receive the information, through traditional quarterly newsletters or via "monthly" e-mail or
text message. Educational materials include:
2) Articles
Burrtec will develop a bilingual (Spanish and other languages as required) article with color
graphics containing information that encourages recycling and educating customers
services available. Topics include the following examples:
• Available services notices and information'
• New cart colors
• Placement of carts, including during heavy rains
• Holiday Tree collection instructions Christmas Tree Collection
• Benefits of source separation, reduction, and _ ..,�. _ .�_�__ .• -
prevention of solid waste �� ...
• Information on how organic waste is diverted from the
landfill
216
• Methane reduction benefits of reducing organic waste in landfills
• Bulky Items
• Illegal Dumping
• Cleaning Containers
• Holiday Schedule
• Commingling of Solid Wastes
Nappy Memorials Day
• 4 R's, reduce - reuse - recycle - rethink
• Carts left in the street
• Unpermitted Waste disposal 3BURRTEC
• New solid waste laws 1. ob.ery ....f M.—I.1 Day B.-te. will be
Articles specific to service areas such as palm fronds --- --- `'Deed Monday May - -
3) Special Event Announcements
Burrtec will develop and deliver outreach notices to Customers on various events upon
receiving approval from City. Some notifications will be limited to text or e-mail messages
and not be included in newsletters. Examples of events are as follows:
• City Household Hazardous Waste Collection Drop -Off Events
• City Neighborhood Cleanup Events
• Quarterly Paper Shredding Events
• Compost/Mulch Giveaway Events
• Textile, Carpet, and Mattress Collection Drives
• Availability of Food Waste Pails
• Sharps Program Information
• Bulky Collections
• Home Composters
• Cart and Bin Exchange and Cleaning
• Holiday Collection schedule
• Billing reminders, upon Customer request (e-mail)
• Service interruptions (e-mail)
• Non -collection notices (e-mail)
Certain notifications will be limited to e-mail messages and do not apply to newsletters.
Burrtec will provide notices up to six (6) weeks in advance of events, except as related to
billing reminders, service interruptions, and non -collection notices. Notices may include
artwork, layout, or notices provided by the City.
4) Distribution
217
The articles and announcements will be disseminated in the following ways, as requested
by Customers:
a) Newsletters
Newsletters will be available in electronic format such as PDF and will be printed on
8.5"x1 V or 8.5"x14" sized recycled paper, whichever is appropriate. Burrtec will
develop one -page (additional page for Spanish and other languages, if required by
City) information newsletters in color and deliver these newsletters to Customers four
times each contract year. A second English page may be added to the newsletter once
per year if requested by Director.
b) E-mail
Burrtec will send brief electronic messages containing
links to full articles, upcoming events, and/or newsletters
for Customers who request them. For example, in late
December, send an e-mail worded, "Have a holiday tree
to get rid of? Click here." with a link to an article about
holiday trees. When there is a Santa Clarita local HHW
Collection Event nearby, send an e-mail worded,
"Leftover household chemicals, paint, or used oil to get
rid of? Click here."
c) Container Notices
Drivers will place notification tags educating customers on prohibited contaminants
found. Burrtec will provide information on proper container utilization techniques and
how contamination can be corrected at the time of discovery. The information may be
provided using standard mail or notifications sent via e-mail. Red tags are applied to
residential customer carts.
d) On -Site Waste Audits
Waste audit summary reports will be provided to customers upon completion of the
evaluation. Summary report information will include container findings, educational
materials including source reduction techniques, benefits of participation in collection
programs, ability, and suggestions to "right -size" containers, and methods to reduce
218
contamination. The information may be provided using standard mail or notifications
sent via e-mail.
5) Delivery of Written Materials to Customers
Burrtec will deliver general materials (such as notices and newsletters) to Customers by
any or all the following means approved by City:
• U.S. Postal Service
• Door-to-door delivery service
• Insert in monthly Customer bills
• Electronic mail (E-mail)
• Other means approved by the City
_ The City's designee will be included in the mailing list and ensure that available materials
are sent to the City simultaneously they are sent to customers. When items are mailed, a
proof of mailing can be submitted within seven days of mailing.
6) Social Media
Burrtec will reach out to Customers and make information available regarding services by
current social media and the following means approved by the City.
Burrtec's Official Social Media Presence Includes:
91 Facebook: www.facebook.com/burrtecscv
13 Twitter: https://twitter.com/burrtecwaste
-i Instagram: https://www.instagram.com/burrtecscv
Q YouTube: https://www.youtube.com/channel/UCaaJ5 Ea4Nx1 EY4LDDAS9CA
219
EmLinkedln: https://www.linkedin.com/company/burrtec-waste-industries mom
e. City, School, Facilities and Business Community Programs
Partnering with schools, city facilities, businesses, and community programs is crucial in
ensuring methods to reduce contamination are successfully disseminated throughout the
community. Participation in events such as, but not limited to, will include:
• Community and School Earth Day activities
• SCV Chamber of Commerce meetings
• VIA Meetings
• Rotary Club meetings
• Oldtown Newhall's Senses
• Santa Clarita Valley Certified Farmer's Markets
• The Learning Center at the Newhall Library and others
• The KHTS Home and Garden Show
• HOA meetings
• Non -Profit Events
• Churches, neighborhood and community groups, and other informal networking
activities
f. "Recycling All -Star" Awards
Effective recycling efforts are an integral part to a successful recycling and organic waste
diversion program. To reinforce these diversion efforts, Burrtec will provide annual recognition
to participants meeting program standards. Education and outreach activities will encourage
participants to actively engage in programs and become a "Recycling All -Star." Randomly
selected participants are eligible to receive recognition at November City Council meetings.
The Contest information and program winners are announced in the quarterly newsletters.
g. City Staff Training
Department staff, Code Enforcement, and janitorial staff will be trained at the City's scheduled
date and time on the following topics:
• Collection Programs and Full Range of Additional Services
• Regulatory Requirements and Relevant State Legislation
• Methods to Reduce Contamination
• Source Reduction Techniques
• Acceptable Materials
220
• Benefits to Participation in Recycling Programs
• Record -Keeping Requirements
• Purchasing Policy Requirements
• CalGreen and MWELO Requirements
• Enforcement and Inspection Requirements
• Best Management Practices
3. Methods to Reduce Contamination
Burrtec will utilize several methods to reduce contamination and ensure diversion goals are met in
Santa Clarita. Burrtec's experience with program implementations have shown that no one method
can be relied upon, but rather a flexible, multi -faceted approach is required. Burrtec will develop an
explicitly tailored program, designed with expert local knowledge, local community engagement,
and local participation for Santa. Below is a list of primary methods that will be utilized to achieve
program goals:
• Education, Education, Education. Ensuring customers understand program requirements
is the first critical component to achieving stated goals
• Participation in Community and School Events. Participating in community events and local
schools to demonstrate how proper container utilization works and reduce contamination is
another critical component to achieving stated goals
'—• Generator Feedback. Through onsite waste consultations with businesses, contamination
notices, targeted education, and outreach, and ultimately notices of violation, and individual
generator feedback is critical to achieving stated goals
• Data Analysis. The use of route review and waste evaluation results in conjunction with
community waste characterization data will assist in targeting high contamination generators
• Equipment Readiness. Operation's readiness to deploy additional containers, exchange
container sizes, and respond to customer requests is critical to ensure contamination
minimization efforts are successful
• Technology. Burrtec's continued efforts to upgrade and utilize state-of-the-art equipment at
recovery facilities works and partner with leading industry experts in composting to ensure
diversion goals can be met
4. Benefits of Participation
Burrtec will focus on the following elements to inform customers of the benefits of recycling and
organic waste collection programs:
• Information on how recycling conserves natural resources
• Information on how participating in recycling programs prevents pollution by reducing the
need for raw materials
• Information on methods to recycle organic waste onsite, sending organic waste to
community composting, and any other local requirements regarding organic waste
• Information regarding the methane and greenhouse gas reduction benefits of reducing the
local Santa Clarita Valley landfill disposal of organic waste
221
• Information on the methods of organic waste recovery
• Information related to the public health and safety, and environmental impacts associated
with the landfill disposal of organic waste
• Information regarding programs for donating edible food through the City of Santa Clarita's
Edible Food Recovery Program which helps those who are food insecure
• Information about food recovery organizations and services operating within the City of
Santa Clarita, including a list of those services
• Information about actions that commercial edible food generators can take to prevent the
creation of food waste
222
Exhibit 12
Acceptable Recyclable Materials
Recyclable Materials include but are not limited to:
Aluminum cans
Magazines/catalogs
Aerosol cans
Newspaper
Aseptic containers
Paper
Brochures
Paper tubes
Cardboard
Phone books
Cereal boxes
Pizza boxes
Clothes hangers
Plastic containers #1-#7
Computer paper
Plastic film
Coupons
Plastic milk jugs
Envelopes
Plastic bags
Frozen food boxes and trays
Polystyrene (Styrofoam)
Glass bottles/jars
Tin cans
Glass cosmetic bottles
Tissue boxes
June mail
Wrapping paper
Laundry bottles
223