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HomeMy WebLinkAbout2024-11-12 - AGENDA REPORTS - FIRST AMEND AGMT GARBAGE RECYCLING RATE ADJUSTO Agenda Item: 8 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: A 2UJ' DATE: November 12, 2024 SUBJECT: FIRST AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF GARBAGE, RECYCLABLE MATERIALS, AND ORGANIC WASTE COLLECTION SERVICES AND ANNUAL RATE ADJUSTMENT DEPARTMENT: Neighborhood Services PRESENTER: Darin Seegmiller RECOMMENDED ACTION City Council adopt a resolution approving the Amended and Restated Agreement between the City of Santa Clarita and Burrtec Waste Industries, Inc., for the provision of garbage, recyclable materials, organic waste collection, and the annual rate adjustment. BACKGROUND Burrtec Waste Industries, Inc. (Burrtec), provides solid waste management services to the City of Santa Clarita (City) in accordance with the Agreement for Provision of Garbage, Recyclable Materials, and Organic Waste Collection Services (Agreement) dated July 1, 2023. Per the Agreement, Burrtec retains the exclusive right to provide all solid waste handling services in the City including commercial, single-family, and multi -family properties. The term of the current agreement is ten years, with an expiration date of June 30, 2033. Annual Rate Adjustment Per section 6.0 of the Agreement, Burrtec is entitled to an annual rate adjustment, effective January 1, 2025. The rate adjustment is calculated using the percentage change between the 12- month average of the Consumer Price Index for All Urban Consumers (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, not to exceed 4 percent. The requested 2025 annual rate adjustment is 3.28 percent, which is consistent with the rate adjustment formula in the agreement. For a standard 3-cart bundle, the increase equals $0.95 per month for single-family home waste collection services. The current monthly rate is $28.92, and the new rate, if approved by the City Page 1 Packet Pg. 57 O Council, would be $29.87, effective January 1, 2025. For commercial and multi -family properties with a standard 3-yard bin bundle serviced once per week, the increase equals $5.87 per month, adjusting the current rate of $179.07 to a new rate of $184.94 per month. All other residential and commercial rates will also be adjusted by 3.28 percent, effective January 1, 2025. Amendments for Clarification Since the inception of the Agreement, City staff and Burrtec have identified a need for minor amendments that will more effectively convey the Agreement's intent. Some of the minor amendments being proposed include the following: In the current Agreement residential rate sheet, additional recycling and organics carts were listed with corresponding charges, which are described as no additional charge in the body of the Agreement. The rate sheet has been modified to show no charge for additional recycling and organic carts to be consistent with the language of the rest of the agreement. • A 32-gallon trash cart service is mentioned in the Agreement; however, it was absent from the rate sheet, and no rate was assigned. The 32-gallon cart is now listed on the rate sheets, and the cost is based on the type of disposal commodity. • While an organics contamination fee is listed for all three rate sheets, there was no fee for recycling contamination for single-family service rates. A fee for recycling contamination equal to the organics contamination fee, at $66.24 per occurrence, is being added. However, Burrtec and the City will continue to use education as a priority, with enforcement and the charge of a contamination fee only as a last resort. References to the bundled aspect of the commercial and multi -family waste rates were inconsistent in a note section on the top of the rate sheets for both multi -family and commercial services. To correct this, a new note will clarify that customers will receive recycling capacity equivalent to the garbage service selected, plus one 32-gallon organics cart per 2 cubic yards of garbage. Burrtec had indicated that several standard services would be provided that are typical of the industry, however they were not listed in the Agreement and had no corresponding rate attached. These services include, the senior discount, residential pull-out service, extra trash pick-ups, and additional cart cleanings. The rate sheet has been modified to include these services. There is a need to provide flexibility for using different disposal or recycling facilities to prevent service disruption due to waiting times, capacity limitations, and tipping fee increases. Language was added to allow hauler flexibility that requires notification to the City. • There are typographical errors and misspelled words in need of correction. The appropriate corrections have been made. Staff recommends adopting the resolution to amend and restate the Agreement and approve the Page 2 Packet Pg. 58 O annual rate adjustment. This proposed amendment will clarify the bundled rates on the rate sheets and make them consistent with the language in the document, provide a recycling contamination fee for single-family services, add 32-gallon cart trash rates for those multi -family or commercial entities that require it, correct misspellings, provide flexibility with facilities used, and add standard service fees not already included on the current approved rate sheet. The proposed amendments do not impact Burrtec's previously approved rates or standard services. A redlined version of the Agreement with all the proposed amendments is available in the City Clerk's Reading File. ALTERNATIVE ACTION Other action as determined by the Council. FISCAL IMPACT There is no fiscal impact. ATTACHMENTS Resolution - First Amendment Burrtec Request Amended & Restated Solid Waste Franchise Agreement (available in the City Clerk's Reading File) Franchise Agreement - Redline (available in the City Clerk's Reading File) Page 3 Packet Pg. 59 8.a RESOLUTION 24 - 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. Packet Pg. 60 8.a SECTION 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 12th 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- 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: 2 CITY CLERK Packet Pg. 61 8.a 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. Packet Pg. 62 8.a 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 Packet Pg. 63 8.a BURRTEC WASTE INDUSTRIES, INC. Bv: (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 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 Place Notary Seal Above 3 Signature of Notary Public Packet Pg. 64 8.a 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 Packet Pg. 65 8.a 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 Packet Pg. 66 8.a 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 Article 26. 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 Article 36. 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 0 Packet Pg. 67 8.a Article45. Notices...............................................................................................................101 Article 46. Transition to Next Contractor..............................................................................102 Article 47. Contractor's Records..........................................................................................102 Article 48. Entire Agreement................................................................................................103 Article 49. Severability.........................................................................................................104 Article 50. Right to Require Performance.............................................................................104 Article 51. All Prior Agreements Superseded.......................................................................104 Article52. Headings............................................................................................................104 Article53. Exhibits...............................................................................................................104 Article 54. Attorney's Fees...................................................................................................104 Article 55. 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 Exhibit 5 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 Packet Pg. 68 8.a p z w 2 F- cn 0 Q w F- J Q z z Q 0 z Q H z W 0 z W Q W H cn Q 0 J 0 N r C d E C d E Q r N L_ U- r Q Packet Pg. 69 8.a 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: 0 Packet Pg. 70 8.a 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 Packet Pg. 71 8.a 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 1 st 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 Packet Pg. 72 8.a 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 Packet Pg. 73 8.a 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 Packet Pg. 74 8.a 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 Packet Pg. 75 8.a 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 Packet Pg. 76 8.a 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 Packet Pg. 77 8.a 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 Packet Pg. 78 8.a 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 Packet Pg. 79 8.a 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 1 st to December 31 st, 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 Packet Pg. 80 8.a 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 Packet Pg. 81 8.a 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 Packet Pg. 82 8.a 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 Packet Pg. 83 8.a 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 Packet Pg. 84 8.a 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 24 Packet Pg. 85 8.a 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 Packet Pg. 86 8.a 4.04.3 Advertisinq 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 Packet Pg. 87 8.a 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 Packet Pg. 88 8.a 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 mm Packet Pg. 89 8.a 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 Packet Pg. 90 8.a 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 Packet Pg. 91 8.a 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 Packet Pg. 92 8.a 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 Packet Pg. 93 8.a 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 31st 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 Packet Pg. 94 8.a 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 afterthe 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 Packet Pg. 95 8.a 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 Packet Pg. 96 8.a 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 Adjustment. 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 Packet Pg. 97 8.a 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 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 Packet Pg. 98 8.a 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% 203 land 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 Packet Pg. 99 8.a 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 yearfollowing 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 39 Packet Pg. 100 8.a 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. .9 Packet Pg. 101 8.a 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 Packet Pg. 102 8.a Article 1 o. 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 Packet Pg. 103 8.a 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 Packet Pg. 104 8.a 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, Packet Pg. 105 8.a 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 Packet Pg. 106 8.a 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 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 (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 261h 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 M Packet Pg. 107 8.a 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.E 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 Packet Pg. 108 8.a 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. Packet Pg. 109 8.a 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. Packet Pg. 110 8.a 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 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 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 Packet Pg. 111 8.a 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 Packet Pg. 112 8.a 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 Recyclinq 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 Packet Pg. 113 8.a 11.08.2 Recvclinq - 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 Recvclinq - 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 SIB 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 Packet Pg. 114 8.a 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 261h 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.E 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 54 Packet Pg. 115 8.a 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 Packet Pg. 116 8.a 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 Packet Pg. 117 8.a 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 Packet Pg. 118 8.a 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 IM Packet Pg. 119 8.a 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 Packet Pg. 120 8.a 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.E 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: Packet Pg. 121 8.a 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 Packet Pg. 122 8.a 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 Packet Pg. 123 8.a 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. 63 Packet Pg. 124 8.a 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.E 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. Packet Pg. 125 8.a 14.02.3 Abandoned Waste/Illegal Dumpinq 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 Packet Pg. 126 8.a 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 SB 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. Packet Pg. 127 8.a 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 Billina 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 Durina 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. 67 Packet Pg. 128 8.a 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. Packet Pg. 129 8.a 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 1 st 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. Packet Pg. 130 8.a 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 Packet Pg. 131 8.a 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 Painting. 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 Packet Pg. 132 8.a 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 Packet Pg. 133 8.a 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 Packet Pg. 134 8.a 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 Packet Pg. 135 8.a 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 301n 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.E 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 Packet Pg. 136 8.a 20.02.9 Compliance Reporting. Contractor shall report contaminations and overage issues via the City's Waste Reporting System. 20.02.10 Right -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 Trainina. 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 1 st 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 Packet Pg. 137 8.a 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 Packet Pg. 138 8.a 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 SIB 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 Durinq 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 Packet Pg. 139 8.a 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 Accountinq 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 Packet Pg. 140 8.a 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 80 Packet Pg. 141 8.a 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 Log. 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 31 st 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 SIB 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. 31 Packet Pg. 142 8.a 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. Packet Pg. 143 8.a 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 SB 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. 11 Packet Pg. 144 8.a 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 Packet Pg. 145 8.a 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 IN Packet Pg. 146 8.a 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. Packet Pg. 147 8.a 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 "A-" 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 Packet Pg. 148 8.a 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 Packet Pg. 149 8.a 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 -/VI I 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 Packet Pg. 150 8.a 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, 90 Packet Pg. 151 8.a 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 Packet Pg. 152 8.a 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 Packet Pg. 153 8.a 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 Packet Pg. 154 8.a 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. Packet Pg. 155 8.a 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 Packet Pg. 156 8.a 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 in Packet Pg. 157 8.a 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 1st 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 Packet Pg. 158 8.a 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 1 st 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 Sustain ability/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 Packet Pg. 159 8.a 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. Packet Pg. 160 8.a 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 Packet Pg. 161 8.a 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 Packet Pg. 162 8.a 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 Packet Pg. 163 8.a 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 Packet Pg. 164 8.a 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 Packet Pg. 165 8.a 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 Packet Pg. 166 8.a 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 Packet Pg. 167 8.a Exhibit 1 City Approved Service Rates Single -Family Dwelling Maximum Service Rates Service Descriptions Billing Frequency Approved Maximum Rate Standard Single -Family Automated CartService (96-Gallon Garbage, 96-Gallon Recycling, 96-Galon Organic Write) per month $29:87 54-Gallon Single -Family Automated Cart Service (64-Gallon Garbage, 96-Gallon Recycling, 96-Galon Organic Waste) per month $27.05 32-Gallon Single -Family Automated Cart Service (32-Gallon Garbage, 96-Gallon Recycling, 96-Galon Organic Waste) per month $25.48 Additional Garbage Cart per month $6.32 Additional Recycling Cart per month N1C Additional Organics Cart per month N1C Restart of Service (Auto -Resume Fee) per occurrence $22.72 Cart Delivery per occurrence N!C Cart Removal per occurrence N1C Cart Exchange to Larger Cart (in excess of one peryear) per occurrence $18 76 Residential Cart Replacement Fee per occurrence $80.81 Senior or Low Income Discount N/A 20 00% Organics/Recycling Contamination Fee per occurrence 1 $66 24 Single -Family Bin Rates (requires and includes a minimum of one cart for each of the remaining material typesl Billing Frequency Approved Maximum Rate 1.5 - Cubic Yard Bin - serviced 1/week er month $120.63 2- Cubic Yard Bin - serviced 1/week per month $141.82 3 - Cubic Yard Bin - serviced 1/week per month $184.94 4- Cubic Yard Bin - serviced 1/week per month $237.24 Additional Misc. Single -Family Rates: Billing Frequen 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 Stinger/Scout Service- Bins per bin/per service $49.56 Locking Cart 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 peryear) 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 Cart Cleanings (in excess of one per year) per occurrence $18.05 Additional Bin Cleanings (in excess of one per year) per occurrence $57.62 Return Check Fee (NSF) per occurrence $25.01) Late Fees per month 10.0% 107 Packet Pg. 168 8.a Multi -Family Dwelling Maximum Service Rates MFQ: Multi -Family Dwelling with Individual Can Service Rate Schedule Effective 0110112.025 NOTE: All (Multi -Family Dwelling Trash Rates include the equivalent volume of recycling and one 32- Gallon Grganic Waste cart per 2-cubic yards of garbage as part of the Bundled Trash rates. Any increased or additional collection service request for Recyclinglorganic Waste/Green Waste/Food Waste will be charged per the Multi -Family dwelling Maximum Service Rate sheet. Service Billing Frequency Coilection Frequency 1/week I 2/week I 3/week I 4/week I 5/week I 6/week (Multi -Family Garbage 32-Gallon Cart per month $ 37.22 $ 72.65 $ 108.09 $ 143.17 $ 178.23 $ 213.34 64-Gallon Cart per month $ 43.57 $ 85.37 $ 127.16 $ 159.59 $ 210.01 $ 251.46 96-Gallon Cart per month $ 49.93 $ 99.10 $ 146.25 $ 194.05 $ 241.95 $ 299.66 1 / 1.5 CY Bin per month $ 120.53 $ 237A3 $ 355.08 $ 471.60 $ 588.14 $ 704.68 2 CY Bin per month $ 141A2 $ 290.27 $ 419.72 $ 556A5 $ 694.21 $ 831.96 3 CY Bin per month $ 194.94 $ 355.92 $ 545.66 $ 726.72 $ 906.77 $ 1,086.84 4 CY Bin per month $ 237.24 $ 459.521 $ 701.97 $ 933.36 $ 1,164.77 $ 1,396.14 5 CY Bin per month $ 334.29 $ 662.29 $ 990.31 $ 1,317.09 $ !L,643.85 $ 1,970.61 2 CY Compactor per month $ 190A2 $ 376.91 $ 563A2 $ 749.12 $ 934.85 $ 1,120.57 3 CY Compactor per month $ 253.54 $ 502.59 $ 751.51 $ 999.54 $ 1,247.54 $ 1,495.58 5 CY Compactor per month $ 452.33 $ 999.06 $ 1,345.76 $ 1,791.35 $ 2e236.951 $ 2,682.52 Multi -Family Dwelling Recycling Only 32-Gallon Cart per month $ 29.23 $ 51.52 $ 59.59 $ 75.99 $ 92.39 $ 108.77 64-Gallon Cart per month $ 31.31 $ 55.61 $ 65.67 $ 84.06 $ 102A5 $ 12OA3 96-Gallon Cart per month $ 33.59 $ 60,05 $ 72.29 $ 92.83 $ 113.39 $ 133.93 1 / 1.5 CY Bin per month $ 92.57 $ 152.51 $ 209.95 $ 262.75 $ 311.37 $ 356.22 2 CY Bin per month $ 101.19 $ 164.74 $ 225.99 $ 284.63 $ 341.22 $ 395.69 3 CY Bin per month $ 116.92 $ 187.651 $ 256.04 $ 322.11 $ 385.93 $ 447.66 4 CY Bin per month $ 132A4 $ 210.52 $ 285.20 $ 379.95 $ 430.61 $ 499.67 5 CY Bin per month $ 192.97 $ 322.03 $ 451.01 $ 580.03 $ 709D3 $ 838A2 2 CY Compactor per month $ 12697 $ 232.11 $ 293.71 $ 380.77 $ 457A3 $ 554.90 3 CY Compactorl per month $ 160.87 $ 290.89 $ 400.91 $ 520.93 $ 640.95 $ 760.99 61 CY Compactorl per month 1 $ 302.69 $ 531.85 $ 760.9151 $ 9190.101 $1,219.211 $ IA48.32 Multi -Family Organic Waste Only [Green waste and Food Waste) 32-Gallon Cart per month $ 63.94 $ 114.72 $ 151.23 $ 208.18 $ 263.25 $ 301.39 64-Gallon Cart per month $ 99.29 $ 165.31 $ 237,07 $ 309.25 $ 399.57 $ 452.97 96-Gallon Cart per month $ 114.63 $ 215.89 $ 31291 $ 410.33 $ 515.90 $ 604.54 1 / 1.5 CY Bin per month $ 236.40 $ 418.04 $ 588.58 $ 757.72 $ 925.20 $ L093.04 2 CY Bin per month $ 295.00 $ 539.92 $ 768.69 $ 998.92 $ 1,260.06 $ 1,457.09 Multi -Family Dwelling Green Waste Only f"daooliea6lel 64-Gallon Cart per month $ 33A6 $ 58.26 $ 81.92 $ 104.24 $ 125.35 $ 145.39 96-Gallon Cart per month $ 38.55 $ 67.66 $ 96.02 $ 123.04 $ 148.95 $ 173.58 1 / 1.5 CY Bin per month $ 97.73 $ 167.10 $ 234.29 $ 297A4 $ 356.94 $ 413.19 2 CY Bin per month $ 110.96 $ 190.70 $ 266.90 $ 339.89 $ 410J7 $ 477.92 3 CY Bin per month $ 136.05 $ 232.11 $ 326.07 $ 417.97 $ 507.94 $ 596.10 Multi -Family Dwelling Food Waste Only f l apalica6iel 32-Gallon Cart per month $ 64.29 $ 115A3 $ 162.27 $ 209.57 $ 265.00 $ 303A8 64-Gallon Cart per month $ 89.93 $ 165.50 $ 239.01 $ 311.83 $ 392.90 $ 455.94 96-Gallon Cart per month $ 115.57 $ 217.79 $ 315.74 $ 414.11 $ 520.63 $ 610.21 1 f 1.5 CY fain per month $ 237.95 $ 420.95 $ 592.94 $ 753.54 $ 932A8 $ 1,101.78 2 CY Fain per month $ 295.94 $ 543.79 $ 774.51 $ 1,005.68 $ x,269.76 $ "59.73 Packet Pg. 169 8.a Commercial Maximum Service Rates Rate Schedule Effective 011XV2025 NOTE All Commercial Trash Rates will include the equivalent volume of recycling and one 32-Gallon Organic Waste Cart per 2-cubic yards of garbage as part of the Bundled Trash rates. Any increased or additional collection service request for Recycling/Organic Vlaste+Green Waste.+Food Waste will be charged per the Commercial Maximum Service Rate sheet. Service Billing Frequency Collection Frequency 11week I 21week I 31week 41week I 51week I 61week Commercial Garba e 32-Gallon Cart per month $ 37.22 $ 72.65 $ 108.09 "43.171 $ 178.23 $ 213.34 64-Gallon Cart Per month $ 43.57 $ 85.37 $ 127.16 $ 168.59 $ 210.01 $ 251.45 96-Gallon Cart per month $ 49.93 $ 98.10 $ 146.25 $ 194.05 $ 241.85 $ 289.55 1 1 1.5 CY Bin per month $ 120.63 $ 237.93 $ 355.08 $ 471.60 $ 588.14 $ 704.58 2 CY Bin per month $ 141.82 $ 280.27 $ 418.72 $ 556.45 $ 694.21 $ 931.95 3 CY Bin per month $ 184.94 $ 355.82 $ 546.66 $ 726.72 $ 906.77 $ 1,086.84 4 CY Bin per month $ 237.24 $ 459.62 $ 701.97 $ 933.36 $ 1,164.77 $ 1,396.14 6 CY Bin per month $ 334.28 $ 652.29 $ 990.31 $ 1,317.09 $ 1,643.85 $ 1,970,61 2 CY Compactor per month $ 190.42 $ 375.91 $ 563.42 $ 749.12 $ 934.85 $ 1,.120.57 3 CY Compactor per month $ 253.64 $ 502.59 $ 751.51 $ 999.54 $ 1,,247.54 $ 1,495.58 6 CY CompactorCompactorl per month $ 452.33 $ 899.016 $ 1,345.76 $ 1,791.35 $ 2,235.95 $ 2,582.52 Commercial Recycling Only 32-Gallon Cart per month $ 29.23 $ 51.52 $ 59.59 $ 75.99 $ 92.39 $ 108.77 64-Gallon Cart per month $ 31.31 $ 55.61 $ 65.67 $ 94.016 $ 102A5 $ 120.83 96-Gallon Cart per month $ 33.59 $ 60.05 $ 72.29 $ 92.93 $ 113.38 $ 133.93 1 1 1.5 CY Bin per month $ 92.57 $ 152.51 $ 209.96 $ 262.75 $ 311.37 $ 356.22 2 CY Bin per month $ 101.19 $ 154.74 $ 225.98 $ 284.63 $ 341.22 $ 395.59 3 CY Bin per month $ 116.82 $ 187.65 $ 256.04 $ 322.11 $ 385.93 $ 447.55 4 CY Bin per month $ 132.44 $ 210.52 $ 286.20 $ 379.95 $ 430.61 $ 499.57 6 CY Bin per month $ 192.97 $ 322.03 $ 451.01 $ 580.03 $ 709.03 $ 938.02 2 CY Compactor per month $ 126.97 $ 232.11 $ 293.71 $ 380.77 $ 467.93 $ 554.90 3 CY Compactor per month $ 160.87 $ 280.89 $ 400.91 $ 520.93 $ 640.95 $ 760.99 6 CY Com actor per month $ 302.69 1 531.85 $ 760.96 $ 990.10 1 1,219.21 1 $ 1,448.32 Commercial Organic Waste Only Green Waste and Food Waste) 32-Gallon Cart per month $ 63.94 $ 114.72 $ 161.23 $ 208.18 $ 263.25 $ 301.39 64-Gallon Cart per month $ 89.28 $ 155.31 $ 237.07 $ 309.25 $ 389.57 $ 452.97 96-Gallon Cart per month $ 114.63 $ 215.89 $ 312.91 $ 410.33 $ 515.90 $ 504.54 1 1 1.5 CY Bin per month $ 236.40 $ 418.04 $ 588.58 $ 757.72 $ 925.20 $ 1,093.04 2 CY Bin per month $ 295.00 $ 539.92 $ 768.69 $ 998.92 $ 1,260.016 $ 1,457.09 Commercial Green Waste OnlyJif applicable} 64-Gallon Cart per month $ 33.86 $ 58.26 $ 81.92 $ 104.24 $ 125.35 $ 145.39 96-Gallon Cart per month $ 38.55 $ 67.56 $ 96.02 $ 123.04 $ 148.85 $ 173.58 1 1 1.5 CY Bin per month $ 97.73 $ 157.10 $ 234.28 $ 297.44 $ 355.94 $ 413.18 2 CY Bin per month $ 110.96 $ 190.70 $ 266.80 $ 339.89 $ 410.17 $ 477.92 3 CY Bin Per month $ 136.05 $ 232.11 $ 326.07 $ 417.97 $ 507.94 $ 596.10 Commercial Food Waste Only of applicable) 32-Gallon Cart per month $ 54.28 $ 115.43 $ 162.27 $ 209.57 $ 265.00 $ 303.48 64-Gallon Cart per month $ 89.93 $ 155.60 $ 239.01 $ 311.93 $ 392.&0 $ 456.84 96-Gallon Cart per month $ 115.57 $ 217.79 $ 315.74 $ 414.11 $ 520.63 $ 610.21 1 1 1.5 CY Bin per month $ 237.85 $ 420.95 $ 592.94 $ 753.54 $ 932.48 $ 1,101.78 2 CY Bin per month $ 296.94 $ 543.79 $ 774.51 $ 1,0016.68 $ 1,269.76 $ 1,468,73 Packet Pg. 170 8.a Commercial & Multi -Family Dwelling Additional Services Maximum Service Rates Service Descriptions Billing Frequency Approved Maximum Rate Other Services Lacking Bin, Lock on Gate, enclosure Monthly Fee per lock per month $8.34 Trip Charge/Dry Run per occurrence $92.94 Restart of Service (auto resume fee) per occurrence $22.72 Setup Fee per occurrence N1C Delivery Charge per occurrence N!C Delivery Charge Commercial Carts per occurrence NIC Removal per occurrence NfC Exchange Fee (in excess of one time per year) per occurrence $110.09 Stinger f Scout Service Fee per bin per service $49.56 Organics/Recycling Contamination Fee per occurrence $80.57 Extra Bin Pick Ups (on scheduled pick up day) per bin/per occurrence $63.40 Extra Bin Pick Ups (on non-scheduled pick up day) per bin/per occurrence $89.73 Bin Replacement (+ actual cost of bin) per occurrence $115.45 Additional Bin Cleaning (in excess of one per year) per occurrence $57.62 Counter Balance Lid per month $12.75 Commercial Locking Bars - Initial Set Up per occurrence $38.79 Commercial Locking Bars - Ongoing fee per month $8.29 Overage Fee per occurrence $70.57 Commercial Electronic Waste Disposal per occurrence $22.40 Commercial Manure Collection (64 gallon Cart) per month $59.45 Commercial Manure Collection (2 CY Bin) per month $205.511 Additonal Standby and Loading Time per month $180.74 Emergency Services Section 20.01per hour $210.55 Bin Push Out Rates Rate Schedule Effective 01f01f2025 Service Billing Frequency Collection Frequency lfweek I Nweek 31week I 4lweek I 5lweek I 6lwreek Bin Push Out Rates 25-49 feet 50-74 feet 75-99 feet 100-125 feet per month $ 4510 $ 90.20 $ 135.30 $ 180A0 $ 225.50 $ 270.60 per month $ 67.65 $ 135.30 $ 202.95 $ 270.50 $ 338.25 $ 405.90 per month $ 101.46 $ 202.92 $ 304.38 $ 405.84 $ 507.30 $ 609.76 per month $ 152.18 $ 304.36 $ 456.54 $ 608.72 $ 760.90 $ 913,08 110 Packet Pg. 171 8.a 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 Packet Pg. 172 8.a 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 Packet Pg. 173 8.a Site Bin Size Number of Bins Frequency 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 Commingle Newhall Park (Pool) 20 Yard 2 OC Trash 20 Yard 1 OC Green Waste 40 Yard 1 OC C&D 113 P Z w H Cn Q LU J Q Z Z Q 0 Z Q H Z LU 0 Z W Q w H Cn Q 0 J O c m E c m E Q r N L ii r Q Packet Pg. 174 8.a 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 t= Z w H Cn Q LU J Q Z Z Q 0 Z Q H Z LU 0 Z W Q w H Cn Q 0 J O c m E c m E Q r N L ii r Q Packet Pg. 175 8.a 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 p Z w H Cn Q LU J Q Z Z Q 0 Z Q H Z LU 0 Z W Q w H Cn Q 0 J O c m E c m E Q r N L ii r Q Packet Pg. 176 8.a 116 p z w 2 F- cn 0 Q w F- J Q z z Q 0 z Q H z W 0 z W Q W H cn Q 0 J 0 N r C d E C d E Q r N L_ U- r Q Packet Pg. 177 8.a 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 Packet Pg. 178 8.a 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 Packet Pg. 179 8.a 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 Packet Pg. 180 8.a • 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 Packet Pg. 181 8.a 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. Distributinq 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 Packet Pg. 182 8.a 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 Packet Pg. 183 8.a 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 Packet Pg. 184 8.a 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 SB 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 Packet Pg. 185 8.a 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 Packet Pg. 186 8.a Phase/Activity Start Date End Date (3) TRANSITION PHASE (a) Transition Activities: (i) Transition Planning 09/01/22 06/30/23 (i i) 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 (i i) 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 (i i) 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 (i i) 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 r Q Packet Pg. 187 8.a Phase/Activity Start Date End Date (iv) Commercial Account Information Verification & Sustainability Programs 04/01/23 06/01/23 Customer Upload & Audit 04/01/23 06/01/23 Initial Billing 07/01/23 07/01/23 (v) Routing 04/01/23 06/15/23 (vi) City Facilities 06/01/23 06/30/23 Initial Billing & Reporting 07/01/23 07/01/23 Initial Billing 07/02/23 07/02/23 (e) Education, Outreach & Diversion Activities (i) Residential Service Brochure 01/01/23 03/31/23 (ii) Print & Social Media 04/01/23 04/30/23 (iii) Update Burrtec Website 04/01/23 06/01/23 (iv) Community Meeting 06/01/23 06/20/23 (v) Local Organizations Presentation 05/01/23 06/30/23 (vi) Neighborhood Associations 06/01/23 06/30/23 (vii) Residential Services Selection 06/01/23 06/30/23 (f) Food Recovery Assistance (4) SERVICE START 07/01/23 07/01/23 (a) Route Adjustments 07/01/23 08/01/23 (b) Compliance Review 07/01/23 09/01/23 (c) Identify Tier One & Tier Two Customers 07/01/23 09/01/23 (d) Assist Tier One & Recovery Inspections 07/01/23 01/01/24 127 H Z W H Cn Q w H J Q Z Z Q 0 Z Q H Z W 0 Z W Q r Q Packet Pg. 188 8.a 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 Packet Pg. 189 8.a 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 Packet Pg. 190 8.a 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 Packet Pg. 191 8.a 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 SB 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, SB 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 Packet Pg. 192 8.a 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 ' U I 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 Packet Pg. 193 8.a 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 by the 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 5 $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 t= z w Cn Q LU J Q z z Q 0 z Q H z w 0 z W Q r Q Packet Pg. 194 8.a 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 rr Z LU H Cn Q w J Q Z Z Q 0 Z Q H Z LU 0 Z w Q r Q Packet Pg. 195 8.a 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 lt." • 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 customerwith "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 Packet Pg. 196 8.a 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. 136 Packet Pg. 197 8.a c. Electronic Invoicinq 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 Packet Pg. 198 8.a 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 Packet Pg. 199 8.a 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 Processin 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 Packet Pg. 200 8.a 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 Packet Pg. 201 8.a SUIT TEC 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 Vol 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 Packet Pg. 202 8.a 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 Packet Pg. 203 8.a 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 Packet Pg. 204 8.a 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 t. controls are preset to engage automatically after the programmed d, number of carts are dumped. b) Commercial Collection Vchir-Izz 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,. k VW A allows for better compaction, container clearance, and helps prevent spillage behind the compactor systems. 144 Packet Pg. 205 8.a 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 trucks 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 # of # of Collection Size GVWR Capacity Type Axles Compartments Side Loader CNG 36 yd3 3 54,900 10 Ton One Side Loader EV 36 yd3 3 54,900 10 Ton One 145 Packet Pg. 206 8.a 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 Minimum required turn space for m ' Buntec service trucks o.9reea ,;' nagreu i ___ - -- --------------------------------------------_ x= ea --------------- '•---------------------------------- 120 No- 42'-0" 3 Outer Radius !9 m 28'-0" 4a m Inner Radius I ,so ' +eo Osproen 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 Packet Pg. 207 8.a supplemented by landfills not eligible to meet SB 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 SB 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.gov/organics/slcp/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 SB 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 Packet Pg. 208 8.a • 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) Lvtx 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 Packet Pg. 209 8.a 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 Packet Pg. 210 8.a 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 OOS criteria Understand out of service criteria for tires Tire/wheel mount & demount Safe installation and removal of tires Tire repair How to safely repair a tire Merritor Brake & Wheel Brake inspection training Chassis/Air Brake ABS Understand how to service and maintain air systems LNG/CNG Troubleshooting Troubleshoot fuel systems CNG/LNG Hose & tubing Understand how to build and maintain fuel lines Stop the Drop Hydraulic hose routing & spill prevention 150 Packet Pg. 211 8.a 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 Packet Pg. 212 8.a 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 Packet Pg. 213 8.a 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 Packet Pg. 214 8.a 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 SB 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) Rehriq 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 Packet Pg. 215 8.a 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 Packet Pg. 216 8.a 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 BURRTEC •' L44•'11 lnke Care uj/C' realized when the driver uses minimal DESIGN GUMELINES movements to position containers for FOR servicing. Appropriately sized enclosures, SOLID WASTE, RECYCLABLE, containers, and service frequency assist in & OPGANICS 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 FFFFFFM 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 Packet Pg. 217 8.a 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 Packet Pg. 218 8.a 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 Durabi 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 Packet Pg. 219 8.a 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. BLACK '•, TRASH O O IM 159 GREEN ORGANICS Packet Pg. 220 8.a RECYCLING ONLY SOLO RECICLABLES REG'!ttE rxESE eLEAx xeLTs • Pd wdr NAe • PIFA.E BAEAY[ ddxw eaknBdARd BalIE9 REGiGLE ElTOS 0.PTN;�A08l�MMGS - N4 E'ABPLBM •POP FAVOR POMPA lAS GWAS OE GART6N ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES PAPERNO CAPOB0AP0 METAL GLASS NON -ACCEPTABLE ITEMS- ARTICULOS NO ACEPTABLES knP.krrr. r..nu IA YURRYEC un cravruniun.xn .uikraw 'Ei ORGANICS ONLY SOLO ORGANICOS Nd Lwuros • No au • No FLASTres • Na NAZARPdas wAaTL Nd LIONId0.9 • Nb ACEIIE • NO PLASTIC09 • Nd RESIOUdB PELHIPOSd5 ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES wkrs a aeanules. rArs a MNNUIes NON -ACCEPTABLE IMIOMS • AR tULOS NO ACEPTABLES 0 0 0 rm""fit FOOD WASTE ONLY SOLO DESECHOS DE COMIDA Wp LIOUIOS • 10 RAW MEAT OR SEAFOOD • W NPT BAG • NO NAL ABOUS WASTE ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES µCre09 RA9 ue5 CSRxel COCIw PU �iU ® NON-ACCE-EILLLEITEMS - ARTTICCIJNLLd NO ACEPTABLES Rukmee eer ^dB kATFC c.veua�uA.xe xukaaR 3) Commercial Bins GREEN WASTE ONLY DESECHOS VERDES SOLAMENTE .IOui45• NPrPASN-11PeGVG�. t-.Wp W;APpeus wASIF ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES NON-ACCEPTAR[a EEv�t�E.L►MrS • AATIICCUUL0L05 NO ACEPTABLES Bukk.et cou- v®BUAATFCw , a. Fu. u., �n WUPcaP W TRASH ONLY BASURA SOLAMENTE NP UOUIOpB •ENp OESEGHPS VEPpE.SN xP PEGIGLABLES.Lwp P s�nu P5 PF4IGPPSP3 ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES lip 0. _ xP9Es urWnro W NNNOONNy,L CCEPTAEIc'EI'TEa.}1MS • ARTIC UL OS NO ACEPTABLES V �.J V VJ � �✓ r.r rnu-f•�BVRATEtn vruwnun un.un.. mwuu•� 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 Packet Pg. 221 8.a 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 161 Packet Pg. 222 8.a RECYCLING ONLY cc SOLO RECICLABLES APTIC OS E ITEMS ABL ACEPTABLFS NAORTICUL�NO ACEPTABLESS "AIR A BINBTEC CON GREEN WASTE ONLY DESECHOS VERDES SOLAMENTE ACCEPTABLE ITEMS NON -ACCEPTABLE ITEMS MTICULCS ACEPTABLES MT{CIlLCS YEO ACFPIABLES nuNATEc.ceN eO'Aw ..—O -sn.r 171010 10 A Qrll NO HAZARDOUS WASTES ACCEPTED DO MWIIUIVK ON OR ABMINIB CMTANCB OR OCCUPY TIB9 MUST 8E PLACSO COIllA81CN I ,'Tj; 9 ON IURO LEVEL SINIE►CE ANC LOAOEO iQA AMY P111V�04E UIiOAMKV FOOD WASTE ONLY SOLO DESECHOS DE COMIDA AC PTABLE ITEMS eT,9jdM% .fie }h_ �✓ .Y NON -ACCEPTABLE ITEMS Aw�T(,C}ULQ9 NO ACEPTA84E3 `i%(A BURRTEC.c UM �BUT7fe I.. 31A 1 ORGANICS ONLY SOLO ORGANICOS AC&EPTABLE ITEMS NONCACCEPTABLE ITEMS LOB me EPrABLE3 AM ULOSUO DES L; io 0 2) SUNATEC.COM ©®URRiBQ nvi, i Scareagiagis HunwdeI F' is steailug and rooaracastlgadn Punlsbakle ha iawl por lerl whel b SE-01r., ... •a «.vr... 14ee n 4BBeTtleeeNNai �xwA.rr..rrr� TRASH ONLY BASURA SOLAMENTE ACCEPTABLE ITEMS NON -ACCEPTABLE ITEMS MT UL0.i 0.CEPTABLE3 AftTN:UL03 NO ACEPIASLE3 .. - 0-.(4 BURBTEC COW 162 z Lu U) 0 Q Lu J Q z z Q 0 z LQ r z Lu 0 z LuLu G Q I— z Lu 2 LI.I LI.I L1 Q Lu U) U z 9 Lu U) Q 0 J O N r C d E C d E Q r to i LL Packet Pg. 223 8.a 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 Packet Pg. 224 8.a 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 Packet Pg. 225 8.a 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 Monitorin 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 Packet Pg. 226 8.a 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. 4D N UAREWTEC "We'll Take Care of It"' TRASH OR OTHER CONTAMINATION FOUND PLEASE CONTACT CUSTOMER SERVICE 9-888-BURRTEC f) Annual Service Level and Billing 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 Packet Pg. 227 8.a 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 Packet Pg. 228 8.a 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. Packet Pg. 229 8.a Distance to Commodity Disposal Facility Facility Owner Location City Center Solid Waste/ 29201 Henry Mayo Chiquita Landfill Waste Connections 9.2.Miles Residue Drive, Castaic 91384 20745 Santa Clara Recyclables Rent -a -Bin Randfam Inc. Street, Santa Clarita 6.1 Miles 91351 20745 Santa Clara Organic Rent -a -Bin Randfam Inc. Street, Santa Clarita 6.1 Miles Waste 91351 e-Recyclers of e-Recyclers of 7230 Petterson Ln E-Waste 45.4 Miles California California Paramount, CA 90723 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 Packet Pg. 230 8.a 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 Packet Pg. 231 8.a 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 Packet Pg. 232 8.a $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 SB 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 Packet Pg. 233 8.a 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 Injury and Illness Prevention Handling Procedures Tags Program Manual Collection Activities Bloodborne Pathogens Lockout / Blockout Program Using a Front End Loader Code of Safe Practices -LO/BO - General Training Manual Collection Activities Using a Side or Rear Loader Confined Spaces -LO/BO - Driver Training Roll Off Collection Activities Emergency Action Plan -LO/BO - Packer Cleaning Procedure Roll Off & Auto Tarp Equipment Driver Ergonomics — Overhead & Side Packer System Cleaning & Clearance Driver Responsibilities Maintenance Policy Roll Off Box Specifications Fall Protection Machinery &Equipment Safety Policy Bin / Scout Truck Activities Fire Prevention Awareness Compaction Equipment Hook & Chain Hold Down Hazard Communication Procedures Personal Protective Equipment Hearing Conservation Manual Container Activities Heat Illness Prevention Plan Respiratory Protection Using A Flat Bed Truck Awareness -HIPP - Provisions of Water Manual Bulky Item Collection Vehicle Fuels & Fuel Safety Activities -HIPP - Access to Shade Automated Collection Activities Manual E-Waste Collection -HIPP - Emergency Commercial Collection Activities Using a Flat Bed Procedures Truck Activities -HIPP - Heat -Related Safe Commercial Bin Symptoms 173 Packet Pg. 234 8.a -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 Packet Pg. 235 8.a 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) Lvtx 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 Packet Pg. 236 8.a • 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 Fii 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 Packet Pg. 237 8.a 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.greensantaclarita.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 Packet Pg. 238 8.a 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 • Lock Out/Tag Out information cards • A system for workers to inform management about workplace hazards 178 Packet Pg. 239 8.a • 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 Packet Pg. 240 8.a 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 Packet Pg. 241 8.a ✓ 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 Packet Pg. 242 8.a 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. Hard Hat Safety Glasses Reflective Uniform' Shirt or .Reflective vest �,I k .--Gloves Earpfugs and dust Work Boots Burrtec takes great pride in the safety and appearance (No Tennis shoes Allowed) of its employees. The driver's appearance is the first 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 Packet Pg. 243 8.a 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 processing facilities. A variety of gloves are available to protect the employees 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,,e 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 Packet Pg. 244 8.a 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. Reportinci 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 Packet Pg. 245 8.a 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 Tonnaae To supplement SB 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, SB 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. fawvel��l OrtR� &rye&idR�� Hwl RKv�il� Hai [amosurq ZZcoalsuc mesrc� ury ar fd'�i 85 t30i. OW Recvcl'p 0M 0 W 0W Wen '�s0f �ewmn� Ws9n9 m� M3t 3d.i lW ]'A =01�6RR pRYgv R.MpemlN Or[¢ 1010.aG5FC Cammwcial SeR SrMnl Retyvlrq 1 �aUGW t,�pYynmpm L 9ye�ia Crlectm ]02PaUCPE Sps4 Cric1'm ti 3(�WCMR G �Resm�Na�S+�l 30aPdeFwC fooa'naue Gwn 30-H SRwd Canmfl� 30�CMfAv C mm[ c. Process for Reportinq 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 SB 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 Packet Pg. 246 8.a 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 Packet Pg. 247 8.a 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 Facility 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 Processinq 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 SB 1383. 187 Packet Pg. 248 8.a 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 Packet Pg. 249 8.a 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. MENU CalRecycle • AbOLIII l v000eare (Drange LounigT"- • Yolo Food Bank (Yolo County) • Yolo County Edible Food Recovery Program • City of Carlsbad: Edible Food Recovery Program • Burrtec SB 1383 Municipal Program Overview • City of Palo Alto: organic Waste Self -Hauler Requirements Mailer https://www. calrecycle. ca. gov/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. Packet Pg. 250 8.a 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 SB 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 Packet Pg. 251 8.a 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 Packet Pg. 252 8.a 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 Packet Pg. 253 8.a 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 Site Infarrnau- Sun Valley Paper Stack MRF and TS 8701North San Fernando Road Sun Valley (In Los Angeles(, CA91352 Site Operationa4 SlMus Active Permitted Land owner(s) Name t Address Phone Young, 14518Amw Hwy, Baldwin Park,. Stephen A. CA, 91706 Name t Add— Phone Randall, 10731 Delco Ave, Chatsworth, Howard CA.91311 op—, Sun Valley Paper Stock TS and MRF B701San Fernando Road Sun Valley, CA 91352 Phone: (818) 767-8994 Load Enforcement Agency (LEA), 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 BaVdwin 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 Packet Pg. 254 8.a • 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 Packet Pg. 255 8.a -Seafood I Grass Cuttings -Shellfish I Dead Plants Bones I Flowers Rice I Leaves Beans I 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 Packet Pg. 256 8.a 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 Packet Pg. 257 8.a 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 P z w Cn 0 Q w J Q z z Q 0 z Q z w 0 z w Q w Cn Q 0 J 0 N r c m E c m E Q r L_ U_ c 0 r 0 0 N d c m E t c� r r Q Packet Pg. 258 8.a 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 Packet Pg. 259 8.a 2002 2003 203 Sector Material 2023 2024 2025 2026 2027 2028 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 Services Organic 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. 199 Packet Pg. 260 8.a b. Contamination Monitorinq Plan Burrtec has developed a comprehensive plan to adhere to the requirements outlined in SB 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 SB 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 Packet Pg. 261 8.a 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 SB 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 1st & 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. 3,d 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 Packet Pg. 262 8.a 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 itor the containers provided t. generators using a three -container ortwo- containerorganicwaste collection service to mini "prohibited conta iner contaminants in a manner sp"fied below. Waste Evaluation R oute Review Racb Audit Method centai tier Type au routes 2x Year -Annually oirmot seasons aandem Multiple Areas DESIGNATED ROUTES Loads amve at SW fa"I"' fmm thr—bout the Ndily jurisdi IXi on. Trash loadsmay Targetatl Route Education a.d to bedivdr-away Review Evidence from the LF to be se mplatl and evaluLeotud Routes are Speagenerators Penalties on basatl weakly cuslomar f— fmm study Begin is 2024 SAMPLES o.--aN Record Routes less than 1.500=25 samples +25%Residue Routeswitb 1. 500-3.950=30 samples Any study KeePINg Routes with 4. 000-6.9H 35 samples Md Routes with 7.00ot — 40 samples 202 Packet Pg. 263 8.a iner Contamination Minimization Performance Based System Cjurisdict�ion�s2alTmonitor the containers provided to generators using a three-containeriner organic waste collection service to minimize prohibited container contaminants in a manner specified below. Waste Evaluation Blue & Green Container Type Standard Three Container Mixed Waste Two Container Mixed Waste One Container 2x Year System System System Gray Quarterly Multiple Areas/Seasons Waste Route Evaluation Each Review Container Type Audit Method -All Routes Audits Between 2x Year -Annually Not 25-40 Distinct Seasons -Random Required Samples per WC Multiple -Not Every Container Based on Route Areas Size Between 25 - 40 No +25% Residue SampiBasedeoo We Notify R Targeted Route Education Any study Size Review Evidence Specific to Penalties Generators From Begin Yes Study 2024 2n°Con secutive No +25% Residue Yes WC Failure 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 Packet Pg. 264 8.a 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 Packet Pg. 265 8.a 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 Packet Pg. 266 8.a • 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 206 Packet Pg. 267 8.a 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 Packet Pg. 268 8.a 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 14Xe 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 Packet Pg. 269 8.a West Vallev Material Recovery Facil 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. 209 Packet Pg. 270 8.a 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 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 Packet Pg. 271 8.a 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 " BURRTEC Future SIB 1383 High Diversion Organic Waste Processing - Material Flow Diagram AG{iOM N r SGurce5 n to=_. I .... niAD Markets 1 rn-a, ca. Ornalal o ft- (&g k Wood A7. C wag � , f grRgrs F�Nbos —r \ to Pra-ProcvaYq 8 ag:aldral �^Y Cnmmarc:al AnamuOk Dips -shun Organ:Green d food WasEe tog-tiAnaerobic � FuC��kj 0)9wdon Tucks 764. WpIIr DkwFbn pyysseraayalrgFaWNy py 1 COMMateial �, FswlingG F.111 Tucta� SdaG Supara9ed ORES GPS (Fast Filll Nized MateHals ORE% Orgar—issoV 10 � w<r.....,.. Adreaced �A.I�.�� Fu-7, Gartuea Trucks COMMarcial Mrxx ov So6d 14,GW y Mow Fall �rpan)cst MSW W.Me(MSW) to ORE% w. a:n nvo.r ay: � R RaaWar , Lar1aA Is.'G brr Emam �xY1a�. 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 Packet Pg. 272 8.a 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 first -of -its -kind process that allows Rehrig to combine ade virgin plastic with unmatched volumes of recycled o e first ocrt ean-bound plastics 9 p y ocean -bound plastics. material. The result is a product that contains more recycled material than previously thought possible w" w....._w ... 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 Packet Pg. 273 8.a 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 SB 1833 213 Packet Pg. 274 8.a 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 JWATCH CKJF LATEST WOEO TO • Information on the organic waste LEARN MORE generator's requirements to follow proper container utilization techniques and edible food donation WASTE RECYCLING 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 paperwill 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 Packet Pg. 275 8.a be distributed via Burrtec's customer billing to coincide with special program notices such as SB 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 webs ite • 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 Packet Pg. 276 8.a 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 Collertfon • Benefits of source separation, reduction, and prevention of solid waste ® BURRTEC • Information on how organic waste is diverted from the landfill 216 Packet Pg. 277 8.a • Methane reduction benefits of reducing organic waste in landfills • Bulky Items • Illegal Dumping • Cleaning Containers • Holiday Schedule Happy Memorial Day • Commingling of Solid Wastes • 4 R's, reduce - reuse - recycle - rethink • Carts left in the street • Unpermitted Waste disposal --- 9URRTEC • New solid waste laws In observance of Memorial Day Burrfee will be closed Monday May 29-1'. • Articles specific to service areas such as palm fronds _____ 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 Packet Pg. 278 8.a 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"x11" 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 Packet Pg. 279 8.a 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: Facebook: www.facebook.com/burrtecscv Twitter: https://twitter.com/burrtecwaste "'! Instagram: https://www.instagram.com/burrtecscv YouTube: https://www.youtube.com/channel/UCgaJ5 Ea4Nx1 EY4LDDAS9CA 219 Packet Pg. 280 8.a ImLinkedln: https://www.linkedin.com/company/burrtec-waste-industries e. City. School. Facilities. and Business Communitv Proarams 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 Packet Pg. 281 8.a • 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 communitywaste characterization datawill 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 Packet Pg. 282 8.a • 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 Packet Pg. 283 8.a 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 Packet Pg. 284 8.b URRTEC "We'll Take Care Qf It" September 13, 2024 Mr. Curtis Williams City of Santa Clarita 23920 Valencia Blvd Santa Clarita, CA 91355 RE: 2025 Contract Rate Adjustment Dear Curtis: Pursuant to the City of Santa Clarita's Agreement for Commercial and Residential Solid Waste Collection Services, dated July 1, 2023, Burrtec respectfully requests the 2025 annual CPI rate adjustment per Article 6.04.1. Please find the attached rate adjustment worksheets, which include the standard rate adjustment for the periods delineated in Article 6 and the proposed updated 2025 rate sheets. In addition, per Article 6.04.2, 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. Effective July 1, 2024, the monthly basic trash collection rate in the Santa Clarita Valley unincorporated areas of Los Angeles County is $37.49, whereas the proposed 2025 City of Santa Clarita SFD rates are increasing from $28.92 to $29.87 respectively. This equates to a 3.28% increase, which is below the annual rate cap of 4% per Article 6.04.2. On behalf of Burrtec Waste Industries we would like to thank the City of Santa Clarita for their time and consideration on this issue and look forward to more detailed discussions. Sincerely, Dennis Verner General Manager 26000 Springbrook Avenue, Unit 101, Saugus CA 91350 Packet Pg. 285 1 AMENDED AND RESTATED 2 AGREEMENT 3 FOR THE PROVISION OF 0 5 GARBAGE, RECYCLABLE MATERIALS AND 6 ORGANIC WASTE COLLECTION SERVICES 7 0 Executed Between the 9 City of Santa Clarita and Burrtec Waste Industries Inc. 10 11 Amended 12 November 12, 2024 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TABLE OF CONTENTS Collection Services Agreement Article1. Definitions................................................................................................................ 6 Article 2. Term of Agreement.................................................................................................18 Article 3. Conditions Governing Services Provided by Contractor..........................................18 Article 4. Franchise Fees and Payments...............................................................................20 Article 5. General Requirements............................................................................................22 Article 6. Collection Service Rates.........................................................................................28 Article 7. Collection Service Billing.........................................................................................32 Article 8. Diversion Requirements..........................................................................................33 Article 9. Service Unit Types..................................................................................................36 Article 10. Residential Service...............................................................................................37 Article11. MFD Service.........................................................................................................44 Article 12. Commercial Service..............................................................................................50 Article 13. Mixed Use Dwelling Service (MXD)......................................................................58 Article14. City Services.......................................................................................................588 Article 15. Additional Services...............................................................................................59 Article 16. Collection Routes..................................................................................................61 Article 17. Minimum Performance and Diversion Standards..................................................61 Article 18. Collection Equipment............................................................................................64 Article 19. Contractor's Office................................................................................................67 Article 20. Contractor Support Services.................................................................................68 Article 21. Emergency Service...............................................................................................72 Article 22. Record Keeping and Reporting Requirements......................................................73 FINAL AGREEMENT Page 2 of 184 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Article 23. Nondiscrimination.................................................................................................78 Article 24. Service Inquiries and Complaints..........................................................................78 Article 25. Quality of Performance of Contractor....................................................................79 Article 26. Performance Bond................................................................................................81 Article27. Insurance..............................................................................................................81 Article 28. Hold Harmless and Indemnification.......................................................................84 Article 29. Default of Agreement............................................................................................87 Article 30. Modifications to the Agreement.............................................................................89 Article 31. Legal Representation............................................................................................90 Article 32. Conflict of Interest.................................................................................................90 Article 33. Contractor's Personnel.........................................................................................91 Article34. Exempt Waste......................................................................................................92 Article 35. Independent Contractor........................................................................................92 Article 36. Laws to Govern.....................................................................................................93 Article 37. Consent to Jurisdiction..........................................................................................93 Article38. Assignment...........................................................................................................93 Article 39. Compliance with Laws..........................................................................................94 Article 40. Permits and Licenses............................................................................................94 Article 41. Ownership of Written Materials.............................................................................94 Article42. Waiver..................................................................................................................94 Article 43. Prohibition Against Gifts........................................................................................95 Article 44. Point of Contact....................................................................................................95 Article45. Notices.................................................................................................................95 FINAL AGREEMENT Page 3 of 184 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Article 46. Transition to Next Contractor................................................................................96 Article 47. Contractor's Records............................................................................................96 Article 48. Entire Agreement..................................................................................................97 Article49. Severability...........................................................................................................97 Article 50. Right to Require Performance...............................................................................97 Article 51. All Prior Agreements Superseded.........................................................................97 Article52. Headings..............................................................................................................98 Article53. Exhibits.................................................................................................................98 Article 54. Attorney's Fees.....................................................................................................98 Article 55. Effective Date.......................................................................................................98 Exhibit 1 City Approved Service Rates...............................................................................100 Exhibit 2 City Sponsored Events........................................................................................104 Exhibit 3 List of City Properties and Current Service Levels...............................................105 Exhibit 4 Collection Container Specifications......................................................................108 Exhibit 5 Transition Plan.....................................................................................................110 Exhibit 6 Administrative Charges and Penalties.................................................................119 Exhibit 7 Customer Service Plan........................................................................................121 Exhibit 8 Collection Service Operations Plan......................................................................127 Exhibit 9 City -Approved Processing and Disposal Facilities...............................................158 Exhibit 10 Sustainability and Compliance Plan...................................................................159 Exhibit 11 Outreach and Education Plan............................................................................177 Exhibit 12 Acceptable Recyclable Materials.......................................................................184 FINAL AGREEMENT Page 4 of 184 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: FINAL AGREEMENT Page 5 of 184 124 Article 1. Definitions 125 For the purpose of this Collection Services Agreement, referred to as "Agreement", the definitions contained 126 in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used 127 in the present tense include the future, words in the plural include the singular, and words in the singular 128 include the plural. Use of the masculine gender includes the feminine gender. The meaning of terms or 129 words not defined in this Article will be as commonly understood in the solid waste collection services 130 industry when the common understanding is uncertain. 131 1.01 AB 341. "AB 341" means State of California Assembly Bill No. 341 approved October 5, 132 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 133 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to 134 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling 135 program. 136 1.02 AB 827. "AB 827" means State of California Assembly Bill No. 827 approved October 02, 137 2019. AB 827 requires businesses that are mandated to recycle under AB 341 ("MCR") and/or mandated to 138 recycle organics under AB 1826 ("MOR") or SB 1383 and that provide customers access to the business, to 139 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, 140 easily accessible, and adjacent to each bin or container for trash. 141 1.03 AB 939. "AB 939" or "The Act" means "The California Integrated Waste Management Act 142 of 1989" codified in part in Public Resources Code §§ 40000 et seq, and such regulations adopted by. 143 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 144 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 145 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling 146 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of 147 CalRecycle. 148 1.04 AB 1594. "AB 1594" means State of California Assembly Bill No. 1594 approved 149 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 150 Daily Cover does not constitute diversion through recycling and would be considered disposal. 151 1.05 AB 1669. "AB 1669" means State of California Assembly Bill No. 1669 approved 152 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 153 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 154 1.06 AB 1826. "AB 1826" means State of California Assembly Bill No. 1826 approved 155 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 156 organic waste recycling program to divert from the landfill organic waste from businesses. Each business 157 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 158 1, 2020, is required to arrange for organic waste recycling services. 159 1.07 AB 3036. "AB 3036" means State of California Assembly Bill No. 3036 approved 160 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting FINAL AGREEMENT Page 6 of 184 161 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, 162 contract, license, or permit. 163 1.08 Agreement. "Agreement" means the written agreement between the City and the 164 Contractor covering the work to be performed and all contract documents attached to the agreement and 165 made a part thereof. 166 1.09 Agreement Administrator. The City Manager, or his or her designee, designated to 167 administer and monitor the provisions of the Agreement. 168 1.10 Agreement Year. Agreement year means each twelve (12) month period from July 1 st to 169 June 30th during the term of this Agreement. 170 1.11 Applicable Law. "Applicable Law" means all laws, regulations, rules, orders, judgments, 171 decrees, permits, approvals, or other requirement of any federal, state, county, city, and local governmental 172 agency having jurisdiction over the collection and disposition of Solid Waste, including Recyclable Materials, 173 Organic Waste, and Construction and Demolition Debris. 174 1.12 Best Management Practice. Best Management Practice means the schedule of activities, 175 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to 176 the maximum extent that is technologically and economically feasible, the discharge of pollutants in the 177 storm drain system. 178 1.13 Bin. "Bin" means a metal or plastic waste container designed or intended to be 179 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 180 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor -provided Bins 181 are set forth in Exhibit 4. 182 1.14 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably 183 be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical 184 clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human 185 and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, 186 contaminated clothing and surgical gloves. 187 1.15 Brown Goods. Electronic equipment such as stereos, televisions, computers, VCR's and 188 other similar items collected from SFD Service Units. 189 1.16 Bulky Waste. "Bulky Waste" or "Large Items" has the same meaning as defined in Section 190 15.44.010 of the Municipal Code. "Bulky Waste" means Solid Waste consisting of discarded white goods, 191 furniture, tires, carpets, mattresses, and similar large items which do not fit in a regular Collection Container 192 and require special handling due to their size but can be collected and transported without the assistance of 193 special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not 194 include abandoned automobiles and other vehicles, nor does it include items defined as Exempt Waste. FINAL AGREEMENT Page 7 of 184 195 1.17 196 5.03. 197 1.18 Business Day. Any Monday through Friday, excluding any holidays as defined in Section Calendar Year. Each twelve (12) month period from January 1 to December 31. 198 1.19 Cart. "Cart" means a heavy plastic receptacle with a rated capacity of at least twenty (20) 199 and not more than one hundred (100) gallons, having a hinged tight -fitting lid and wheels, that is provided 200 by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients 201 for collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises 202 in connection with Exclusive Franchise Collection Services. The specifications for Contractor -provided Carts 203 are set forth in Exhibit 4. 204 1.20 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act 205 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated 206 thereunder. 207 1.21 Change in Law. means the occurrence of any of the following events after the Effective 208 Date, when such event has a material and adverse effect on the Parties' performance of their respective 209 obligations under this Agreement (except for any payment obligations): (i) the enactment, adoption, 210 promulgation, amendment, repeal, judicial interpretation, or formal administrative interpretation of any 211 Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local court or agency in a 212 proceeding to which a Party is a party, but not to the extent such order orjudgment finds the Party asserting 213 there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) the denial, 214 suspension, or termination of any government permit or other entitlement, but not to the extent such denial, 215 suspension, or termination is the result of any act or omission of the Party asserting there to have been a 216 Change in Law. 217 1.22 City. The City of Santa Clarita, California, including any unincorporated areas of the County 218 that may be annexed by the City during the Initial Term and all extensions. 219 1.23 City Collection Service. City Garbage Collection Service, City Organic Waste Collection 220 Service, City Recycling Service, City Clean-up Services, City -Sponsored Events Services, and Large Item 221 Collection Services. 222 A. City Clean-up Services. On -call City requested Collection from Agreement 223 Administrator to support City services and operations. 224 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from 225 City Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 226 C. City Large Item Collection Service. The periodic on -call Collection of Large Items, 227 by Contractor, from City Service Units in the Service Area and the delivery of those Large Items to a Disposal 228 Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of this 229 Agreement. FINAL AGREEMENT Page 8 of 184 230 D. City Organic Waste Collection Service. The Collection of Organic Waste, by 231 Contractor, from City Service Units in the Service Area, the delivery of those Organic Waste materials to an 232 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, and 233 the disposal of all City Organic Waste Processing Residue. 234 E. City Recycling Service. The Collection of Recyclables Materials by the Contractor 235 from City Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 236 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 237 City Recyclables Materials Processing Residue. 238 F. City Sponsored Event Services. On -call Collection Services at City -Sponsored 239 Events. 240 1.24 City Facility. City Facility(ies) means any building or other site that the City owns, leases, 241 or occupies that are listed in Exhibit 3. 242 1.25 City Manager. City Manager means the City Manager of the City of Santa Clarita, or his or 243 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 244 of the City Manager. 245 1.26 Collect and Collection and Collected. The removal of Solid Waste from a Service Unit and 246 transportation to a Disposal Facility, Organic Waste Processing Facility, Materials Recycling (or Recovery) 247 Facility, or Transfer Station as appropriate. 248 1.27 Collection Container. A Bin, Cart, or Roll -Off Container that is approved by the Agreement 249 Administrator for use by Service Recipients for Collection Services under this Agreement. 250 1.28 Collection Services. Contractor's obligations under this Agreement to Collect Solid Waste 251 within the Service Area. Collection Service includes Residential Collection Service, Commercial Collection 252 Service, and City Collection Service. 253 1.29 Collection Vehicle. A licensed vehicle that has all required licenses to provide Collection 254 Service and that has been approved by the Agreement Administrator for use under this Agreement. 255 1.30 Commencement Date. Has the meaning specified in Section 2.01 of this Agreement. 256 1.31 Commercial Collection Service. Collection Service provided to Commercial Service Units. 257 Commercial Collection Service includes Commercial Garbage Collection Service, Commercial Organic 258 Waste Collection Service, and Commercial Recycling Collection Service. Commercial Collection Service 259 specifically includes the following: 260 A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor, 261 from Commercial Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 262 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 263 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Organic Waste FINAL AGREEMENT Page 9 of 184 264 materials to an Organic Waste Processing Facility and the processing and marketing of those Organic 265 Waste materials, and the disposal of all Commercial Organic Waste Processing Residue. 266 C. Commercial Recycling Collection Service. The Collection of Recyclable Materials, 267 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Recyclable 268 Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials, 269 and the disposal of all Commercial Recyclable Materials Processing Residue. 270 1.32 Compactor. Any Collection Container which has a compaction mechanism, whether 271 stationary or mobile. 272 1.33 Compost. "Compost" means the act or product of the controlled biological decomposition 273 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 274 include the product of anaerobic digestion or other conversion technologies. 275 1.34 Construction and Demolition Debris. "Construction and Demolition Debris" or "C & Y refers 276 to by Section 15.44.010 of the Municipal Code. "Construction and Demolition Debris means discarded 277 materials removed from premises, resulting from construction, renovation, remodeling, repair, 278 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure 279 or from landscaping. Such materials include but are not limited to "inert wastes" as defined in Public 280 Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), 281 gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, 282 trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building 283 materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition 284 operations on pavements, houses, commercial buildings, and other structures. 285 1.35 Consumer Price Index (CPI-U). The index sets published by the Unites States Department 286 of Labor, Bureau of Labor Statistics. Consumer Price Index series CUURS49ASAO All Urban Consumers 287 (CPI-U), Los Angeles -Long Beach -Anaheim, not seasonally adjusted. 288 1.36 Contaminant. Any material or substance placed into or found in a Collection Container 289 other than the type of Source Separated material for which that Collection Container is intended or reserved. 290 For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a 291 Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a Contaminant if 292 placed into or found in an Organic Waste Collection Container. 293 1.37 Contractor. Burrtec Waste Industries Inc, which has entered into this Agreement. 294 1.38 County. Los Angeles County, California. 295 1.39 Dispose or Disposal. "Disposal' or "Dispose" means the final disposition of Solid Waste at 296 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources 297 Code 40192(b). 298 1.40 Disposal Facility. "Disposal Facility" means the place or places listed in Exhibit 9 as 299 City -approved locations for the Disposal of Garbage or other materials as appropriate and acceptable. FINAL AGREEMENT Page 10 of 184 300 1.41 Diversion or Divert. The programs and activities that reduce or eliminate the Disposal of 301 Solid Waste in landfills, which can include source reduction, reuse, salvage, Recycling, and Composting. 302 1.42 Dwellinq Unit. A building or part of a building designed for residential use by a single 303 independent housekeeping unit and having separate exterior access, toilet, and facilities for cooking and 304 sleeping. 305 1.43 Edible Food. "Edible Food" has the same meaning as found in Section 15.44.010 of the 306 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement, 307 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or 308 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food 309 Code. 310 1.44 Edible Food Recovery. "Edible Food Recovery" means the actions to collect and distribute 311 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 312 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 313 facilities. 314 1.45 Effective Date. "Effective Date of Agreement" shall mean the date on which the Agreement 315 is signed and delivered by the last of the parties to sign and deliver. 316 1.46 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, 317 automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead -acid 318 batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. 319 1.47 Food Waste. "Food Waste" has the same meaning as set forth in Section 15.44.010 of the 320 Municipal Code. "Food Waste" means (1) food scraps including all edible or inedible food such as, but not 321 limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, 322 coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source 323 Separated from other Food Scraps; and (2) food -soiled paper, which is compostable paper material that has 324 come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, 325 napkins, and pizza boxes. 326 1.48 Franchised Diversion. Franchised Diversion means the rate of diversion that Contractor is 327 responsible to achieve as defined and calculated Section 8.01.3 of this Agreement. 328 1.49 Franchise Fee. The fee stated in Section 4.03.1 of this Agreement that Contractor has 329 voluntarily agreed to pay in consideration of the exclusive rights granted by the City under this Agreement. 330 1.50 Garbage. "Garbage" has the same meaning as set forth in Section 15.44.010 of the 331 Municipal Code. All putrescible and non-putrescible solid, semi -solid and associated liquid waste generated 332 or accumulated through the normal activities of a premises. Garbage does not include Recyclable Materials, 333 Organic Waste, or Large Items, that is source -separated and set out for purposes of collection and recycling. FINAL AGREEMENT Page 11 of 184 334 1.51 Green Waste. "Green Waste" has the same meaning as set forth in Section 15.44.010 of 335 the Municipal Code. "Green Waste" means grass clippings, leaves, landscape and prunings waste, wood 336 materials from trees and shrubs, and other forms of organic materials generated from landscapes or 337 gardens. 338 1.52 Gross Revenue. All monetary amounts actually collected or received by Contractor for the 339 provision of Collection Services pursuant to this Agreement, including but not necessarily limited to: all 340 receipts from Service Recipients, inclusive of late charges, contamination charges and any other receipts 341 from Service Recipients. "Gross Revenue", for purposes of this Agreement, does not include any revenues 342 generated from the sale of Recyclable Material, Compost or energy, grants, cash awards, State of California 343 Department of Conservation payments, or rebates resulting from the performance of this Agreement. 344 1.53 Hazardous Waste. "Hazardous Waste" has the same meaning as set forth in Section 345 15.44.010 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of 346 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as 347 may be amended from time to time. 348 1.54 Holiday. "Holiday" means New Year's Day, Memorial Day, Independence Day, Labor Day, 349 Thanksgiving Day, Christmas Day, and any other day recognized by resolution of the City Council or 350 designated by Contractor as a day on which waste Collection Service will not be provided until the following 351 day, excluding Sunday. 352 1.55 Home Compost Bin. A portable durable container purchased by the Contractor, and 353 distributed to SFD or MFD/MXD Service Recipients as requested, and stored and distributed by the 354 Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to compost Organic 355 Waste at their premises. 356 1.56 Household Hazardous Waste. "Household Hazardous Waste" means that waste resulting 357 from products purchased by the general public for household use which, because of its quantity, 358 concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential 359 hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, 360 in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any 361 of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations 362 Title 22, Division 4.5, Chapter 11, Section 66261.3. 363 1.57 Kitchen Food Waste Pail. A plastic receptacle with a rated capacity not exceeding two and 364 one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD Service Unit for temporary storage of 365 SFD Organic Waste that is approved for such purpose by City. 366 1.58 Limited Franchise Agreement. Formerly "Non-exclusive Franchise Agreement", a separate 367 agreement with the City which permits a contractor on a non-exclusive basis to provide for service to Collect 368 Solid Waste, Organic Waste, Construction and Demolition Debris, and/or Recyclable Materials on a 369 temporary basis. FINAL AGREEMENT Page 12 of 184 370 1.59 Manure. Stable bedding and other waste matter normally accumulated and associated with 371 stables or in livestock. 372 1.60 Manure Collection Services. The periodic Collection of Manure by Contractor from Service 373 Units in the Service Area, the delivery of the Manure to a properly permitted facility that accepts Manure, the 374 processing and marketing of Manure. 375 1.61 Materials Recovery Facility. Materials Recovery Facility (MRF) means a facility listed in 376 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for 377 separation into marketable Recyclable Materials. 378 1.62 Maximum Service Rate. The maximum amount that Contractor may charge Service 379 Recipients for Collection Services, as listed in Exhibit 1, and as may be adjusted in accordance with the 380 provisions of this Agreement. 381 1.63 Mixed Waste Processing Facility. Means a State -permitted commercial Solid Waste facility 382 listed in Exhibit 9 which accepts and processes Unicycling for diversion from landfill disposal. The City 383 reserves its Flow Control Rights over the Mixed Waste Processing Facility. 384 1.64 Multi -Family Dwelling (MFD) Collection Service. MFD Solid Waste Collection Service 385 serves a Multi -Family Dwelling, and specifically includes the following, MFD Garbage Collection Service, 386 MFD Large Item Collection Service, MFD Organic Waste Collection Service, and MFD Recycling Service: 387 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 388 MFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 389 B. MFD Large Item Collection Service. The periodic on -call Collection of Large Items, 390 by Contractor, from MFD Service Units in the Service Area and the delivery of those Large Items to a 391 Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of 392 this Agreement. MFD Large Item Collection Service may include the Collection of Large Items using Roll- 393 Off Containers. 394 C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 395 Contractor, from MFD Service Units in the Service Area, the delivery of those Organic Waste materials to 396 an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 397 and the disposal of all MFD Organic Waste Processing Residue. 398 D. MFD Recyclinq Service. The Collection of Recyclables Materials by the Contractor 399 from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 400 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 401 MFD Recyclables Materials Processing Residue. 402 1.65 Municipal Code. Code means the City of Santa Clarita Municipal Code. 403 1.66 Non -Collection Notice. A written notice approved by the Agreement Administrator that 404 notifies a Service Recipient of the reason Contractor did not Collect Solid Waste set out for Collection. FINAL AGREEMENT Page 13 of 184 405 1.67 Organic Waste. "Organic Waste" has the same meaning as set forth in Section 15.44.010 406 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food -soiled paper waste 407 that is mixed in with Food Waste. 408 1.68 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and 409 processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing 410 Residue. 411 1.69 Organic Waste Processing Facility. "Organic Waste Processing Facility" means any facility 412 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green 413 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility 414 for the Contractor to deliver Collected Organic Waste material under this Agreement. 415 1.70 Overage. Overage means Solid Waste set out for Collection either on top of or outside of 416 a Container or in any manner that prevents the Container lid from completely closing or potentially cause 417 Solid Waste to spill during Collection by Contractor's vehicles. 418 1.71 Premises. "Premises" means any land or building in the City where waste is generated or 419 accumulated. 420 1.72 Prohibited Container Contaminants. "Prohibited Container Contaminants" means any of 421 the following but does not include Organic Waste specifically allowed for Collection in a Container that is 422 required to be transported to a high diversion organic waste processing facility if the waste is specifically 423 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 424 14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non -Organic Waste placed in a Collection Container 425 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic 426 Wastes that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection 427 Container that is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 428 or 18984.2; (C) Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 429 14 CCR Section 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container 430 designated for Organic Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection 431 Container designated for Recyclable Materials shall be considered Prohibited Container Contaminants 432 when those wastes were specifically identified in this Agreement, or through local ordinance for Collection 433 in the Container designated for Organic Waste, or mutually agreed to and promulgated by the City and 434 Contractor. Paper products, printing and writing paper, wood and dry lumber may be considered acceptable 435 and not considered Prohibited Container Contaminants if they are placed in Collection Container designated 436 for Recyclable Materials; and (E) Exempt Waste placed in any Collection Container. 437 1.73 Quarter. A three-month period during a calendar year. The first Quarter is January through 438 March. The second Quarter is April through June. The third Quarter is July through September. The fourth 439 Quarter is October through December. 440 1.74 Rate Year. Rate Year means the period January 1 st to December 31 st, for each year during 441 the Term of this Agreement. FINAL AGREEMENT Page 14 of 184 442 1.75 Recyclable Materials. "Recyclable Materials" has the same meaning as set forth in Section 443 15.44.010 of the Municipal Code and means those materials that are separated from Solid Waste prior to 444 disposal to be recycled consistent with the requirements of the Act. Recyclable Materials that can be placed 445 in the Recycling Container include but are not limited to, glass and plastic bottles, aluminum, tin and steel 446 cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as 447 determined by the Agreement Administrator. 448 1.76 Recycling. "Recycling" means the process of collecting, sorting, cleansing, treating and/or 449 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 450 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 451 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste 452 not intended for, or capable of, reuse is not Recycling. "Recycling" does not include transformation as defined 453 in Public Resource Code Section 40201. 454 1.77 Residential Collection Service. "Residential Collection Service" means ongoing regularly 455 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 456 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics 457 Processing Facility. 458 1.78 Residential Premises. "Residential Premises" means: (i) any building or structure, or 459 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; 460 and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, 461 receives Solid Waste Collection services using standard residential Containers. 462 1.79 Residual or Residuals. "Residual' or "Residuals" means Solid Waste that is not Diverted 463 from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables 464 Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable 465 Materials or Organic Material that is processed for Diversion but lacks an available market. 466 1.80 Roll -Off Container. A metal container with a capacity of ten (10) or more cubic yards that 467 is normally loaded onto a specialized Collection vehicle and transported to an appropriate facility. 468 1.81 Santa Clarita Valley. "Santa Clarita Valley" shall include the unincorporated areas of North 469 Los Angeles County. 470 1.82 SB 1383. "SB 1383" means State of California Senate Bill 1383 Short-lived Climate 471 Pollutants: Organic Waste Reductions, approved September 19, 2016. 472 1.83 Self -Haul. Collection of Solid Waste by the resident, owner, or occupant of the Premises 473 on which the Solid Waste was generated pursuant to a City -issued permit and in accordance with the 474 requirements of the Municipal Code. 475 1.84 Service Area. That area within the city limits of the City of Santa Clarita designated by City 476 as the Service Area. FINAL AGREEMENT Page 15 of 184 477 1.85 Service Recipient. An individual or entity receiving Collection Service. 478 1.86 Service Unit. "Service Unit" means a single subscriber to Contractor's Collection Services. 479 SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or Commercial Service Units. 480 Service Unit specifically includes the following: 481 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll -Off Container(s) 482 for the accumulation and set -out of Solid Waste. City Service Units are the properties set forth in Exhibit 3 483 and may be modified by written notice to Contractor by the City. 484 B. Commercial Service Unit. All retail, professional, wholesale and industrial facilities, 485 and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin, 486 Cart, Compactor, Roll -Off Container for the accumulation and set -out of Commercial Solid Waste. 487 C. Multi -Family Dwelling and MFD Service Unit. "Multi -Family Dwelling" and "MFD" 488 shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof, 489 used for residential purposes having five or greater distinct living units. 490 D. MXD (Mixed -use Development) Service Unit. A mix of Commercial Service Units 491 and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection 492 Containers for the accumulation of and set out of Solid Waste. 493 E. SFD Service Unit. Any Single -Family Dwelling Unit in the Service Area utilizing a 494 Cart for the accumulation and set out of Solid Waste originating from SFD Residential Premises. 495 1.87 SFD Collection Service. SFD Garbage Collection Service, SFD Recycling Service, SFD 496 Organic Waste Collection Service, and SFD Large Item Collection Service. 497 A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 498 SFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 499 B. SFD Large Item Collection Service. The periodic on -call Collection of Large Items, 500 by Contractor, from SFD Service Units in the Service Area and the delivery of those Large Items to a 501 Disposal Facility, Materials Recovery Facility or other such facility as may be appropriate under the terms 502 of this Agreement. SFD Large Item Collection Service does not include the Collection of Large Items using 503 Roll -Off Containers. 504 C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 505 Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to an 506 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 507 and the disposal of all SFD Organic Waste Processing Residual. 508 D. SFD Recycling Service. The Collection of Recyclable Materials by the Contractor 509 from SFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 510 Recovery Facility and the processing and marketing of those Recyclable Materials. FINAL AGREEMENT Page 16 of 184 511 1.88 Single-family Dwelling or SFD. "Single-family/duplex dwelling" or "SFD" means any 512 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by 513 one bona fide housekeeping group. 514 1.89 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste 515 treatment or processing, including wastewater treatment, water supply treatment, or operation of an air 516 pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or 517 similar disposal appurtenances or any other such waste having similar characteristics or effects. 518 1.90 Solid Waste. "Solid Waste" means all putrescible and non-putrescible solid, semisolid, and 519 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 520 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 521 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or 522 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California 523 Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes 524 Recyclable Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant 525 to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the 526 Health and Safety Code Section 117600 et seq. 527 1.91 Source Separated. "Source Separated" means materials that have been kept separate in 528 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 529 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 530 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 531 in 14 CCR Section 17402.5(b)(4). 532 1.92 SRRE (Source Reduction and Recycling Element). A formal planning document that 533 demonstrates how the City will comply with the Act's diversion goals. 534 1.93 Term. "Term" means the time period or duration which the Agreement is in effect. 535 1.94 Transfer Station. "Transfer Station" means the place or places listed in Exhibit 9 as City- 536 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to 537 transportation of the Solid Waste to a Disposal Facility or Processing Facility. 538 1.95 Unicycling. A method of separating trash and recyclable materials in a single Collection 539 Container. Trash materials are collected in bags and deposited into the Collection Container and recyclable 540 materials are deposited into the Collection Container loose and unbagged. 541 1.96 Universal Waste or U-Waste. Electronic devices, dry -cell batteries, non -empty aerosol 542 cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury containing 543 equipment. 544 1.97 Waste. "Waste" means the useless, unused, unwanted or discarded material and debris 545 resulting from normal residential and commercial activity or materials which, by their presence, may FINAL AGREEMENT Page 17 of 184 546 injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity 547 thereof. 548 1.98 Waste Generator. "Waste generator" means any person, as defined by the most current 549 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 550 code, or whose act first causes solid waste to become subject to regulation. 551 1.99 Waste Reporting System (WRS). The electronic data recording and reporting system that 552 Contractor uses to provide data and reports that this Agreement requires Contractor to give to the City. 553 1.100 White goods. "White goods" means enamel -coated major appliances, such as washing 554 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 555 1.101 Work Day. Any day, Monday through Saturday, that is not a Holiday as set forth in Section 556 5.03 of this Agreement. 557 1.102 Wood Waste. "Wood waste" means Solid Waste consisting of stumps, large branches, tree 558 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 559 products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. 61109) Article 2. Term of Agreement 561 2.01 Initial Term. The initial term of this Agreement will be for ten (10) year period beginning 562 July 1, 2023 and terminating on June 30, 2033. Contractor shall commence performance of its Collection 563 Service obligations under this Agreement on July 1, 2023 ("Commencement Date"). 564 2.02 Extension of Term. Contractor may request up to two, five (5) year term extension to the 565 Initial Term, and at City's sole option, City may grant Contractor's request to extend the term. Under no 566 circumstances will City be obligated to extend the term. Contractor must request the first five (5) year 567 extension by June 30, 2031 in order to be eligible for the term extension, and June 30, 2036 in order to be 568 eligible for the second term extension. 569 2.03 Performance Review Prior to Five (5) Year Extension. A billing audit and performance 570 review shall be conducted two years prior to the end of the Initial Term (i.e., during 2031, and to be completed 571 by December 31, 2031) as described in Section 17.02. The cost of the review shall be paid as specified in 572 that Section. In order to be eligible for an Extension of the Term of the Agreement under Section 2.02, 573 Contractor must meet billing and performance standards to the satisfaction of the City. In the event 574 Contractor fails to meet the minimum service and diversion requirements set forth in Section 8.01.1, this 575 Agreement will terminate on June 30, 2033 as set forth in Section 2.01 of this Agreement. 576 Article 3. Conditions Governing Services Provided by Contractor 577 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 578 conditions set forth herein, the exclusive franchise, right and privilege to collect, remove and dispose of, in 579 a lawful manner, Solid Waste, Recyclable Materials, and Organic Materials accumulating in the City's FINAL AGREEMENT Page 18 of 184 580 Service Area that are required to be accumulated and offered for collection to the Contractor in accordance 581 with the City's Municipal Code, for the Term of and within the scope set forth in this Agreement. 582 3.02 Recyclable Materials Organic Waste, and Bulky Waste Discarded by Service Recipients. 583 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 584 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 585 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with 586 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting, 587 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 588 for collection, disposal and/or recycling services for any form of un-segregated or segregated Solid Waste 589 is not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify 590 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the 591 Collection Container and the Container set out for Collection, the Recyclable Materials or Organic waste 592 become the property of Contractor. 593 3.03 Exclusions to Exclusivity. 594 3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and 595 process for diversion specialized materials, including, but not limited to, Organic Waste, metals, 596 Construction and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to 597 re -use or Recycle, Service Recipients shall have the right to engage the third -party recycler to collect and 598 Recycle those Source -Separated Recyclable Materials provided that the diversion is verified by the City 599 and the third party obtains a City recycling permit. 600 3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a 601 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell 602 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to 603 the Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 604 3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 605 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 606 do not include animal, including fish, processing byproducts, they are Source -Separated, they are not 607 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 608 reduction in price for collecting, processing, or transporting such material), and they are used as animal 609 feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to 610 the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, 611 or be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer 612 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits 613 manufacturer, as defined in Section 23015 of the Business and Professions Code. 614 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Large Items which 615 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable 616 organizations qualified as such pursuant to Federal law. FINAL AGREEMENT Page 19 of 184 617 3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a 618 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 619 company rather than as a hauling service; 620 3.03.6 Temporary Services. Temporary Collection services for Solid Waste and 621 Construction and Demolition Debris is covered under the City's Limited Franchise Agreement and 622 Contractor must abide by terms of that agreement for Collection and processing and Diversion of 623 Construction and Demolition Debris. 624 3.03.7 Permanent Roll -offs. Permanent Roll -off Collection services for Solid Waste and 625 Construction and Demolition Debris in a Roll -Off Container is covered under the City's Limited Franchise 626 Agreement and Contractor must abide by terms of that agreement for Collection and processing and 627 Diversion of Construction and Demolition Debris. 628 3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 629 and collection of payments for Collection Services within the Service Area 630 Article 4. Franchise Fees and Payments 631 4.01 Contractor's Payments to City. The Parties agree that all fees and any payments owed by 632 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 633 consideration for the rights and privileges granted to Contractor under this Agreement. 634 4.02 Reimbursement for the Cost of Procurement Process. Contractor shall reimburse the City 635 a one-time fee for the cost of the Franchise Agreement solicitation, evaluation and award process of Three 636 Hundred Thousand Dollars ($300,000). This fee shall be due and payable on the thirty (30) day after the 637 Effective Date of the Agreement. 638 4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and 639 payable on the twentieth (20th) day of the month following the end of each Quarter for which the Collection 640 Services were provided; first such payment being due on October 20, 2023. The City Council may adjust the 641 Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a City- 642 directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time of 643 payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor used 644 to determine the amount due and the basis for those calculations. Figures used in the report shall be taken 645 from Contractor's general books of account, and Contractor shall retain all supporting documentation in 646 accordance with the records retention requirements in Section 22.01. 647 4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to 648 ten percent (10%) of the Gross Revenue received by the Contractor from Collection Services provided in 649 the City pursuant to this Agreement. 650 4.03.2 Marketing and Sales of Recyclable Materials. Contractor shall be responsible for 651 marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor shall pay 652 City $5.50 per ton on Recyclable Materials revenue. This shared revenue, from all recovered Recyclable FINAL AGREEMENT Page 20 of 184 653 Material, except for organic waste or Diverted Bulky Items, shall be paid to the City on a quarterly basis, 654 within 20 days of the end of the Quarter. City may apply late penalties as specified in Exhibit 6. 655 Tonnage upon which the shared revenue is calculated shall be the tonnage after 656 processing and removing residual waste, if the Contractor can document to the City's satisfaction these 657 tonnage figures. If such documentation is not available in a sufficient form, shared revenue shall be based 658 on the tonnage delivered for processing. Tonnage reports, broken down by month, shall accompany 659 quarterly payments. 660 4.04 Annual Fees and Payments. The following annual fees and payments shall be due and 661 payable on July 1 of each calendar year; the first such payments being due on May 1, 2023. The City Council 662 may adjust the Annual Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as 663 a City -directed change in accordance with Section 30.01. On each anniversary of the Commencement Date, 664 each of the following annual fees and payments shall increase by the same percentage that the Maximum 665 Service Rate increases for that same Calendar Year. 666 4.04.1 Administrative Fee. In consideration of the administrative costs of managing the 667 City's solid waste program, Contractor shall pay City an annual Administrative Fee of Three Hundred 668 Thousand Dollars ($300,000). 669 4.04.2 SB 1383 Implementation Fee. In consideration of the implementation, reporting, 670 and enforcement costs of SB 1383, Contractor shall pay City an annual SB 1383 Implementation Fee of 671 One Hundred and Thirty Thousand Dollars ($130,000). 672 4.04.3 Advertising and Outreach Contribution. Contractor shall pay the City an annual 673 Advertising and Outreach Contribution in the amount of Twenty Thousand Dollars ($20,000). 674 4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 675 without prior notice or demand and without abatement, deduction, offset or credit in lawful money of the 676 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in 677 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post- 678 marked on or before the due date. If hand -delivered, Contractor must request and receive a date -stamped 679 receipt from the City by 5:00 p.m. on the due date. 680 4.06 Late Payments. In the event Contractor fails to pay the City any amounts owed under this 681 Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall 682 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating 683 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5) 684 Business Days prior to the date on which fees are due, and the request must be accompanied by a written 685 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not 686 unreasonably withhold its approval, and shall notify Contractor within three (3) business days of receiving 687 the request whether and to what extent the request has been approved. 688 4.06.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or 689 assessed upon or in respect of the operating assets or the Collection Services, or upon any part thereof of FINAL AGREEMENT Page 21 of 184 690 upon any revenues necessary for the operation of the operating assets and the provision of the Collection 691 Services, when the same shall become due. 692 4.06.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and 693 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written 694 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the 695 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of 696 the report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any 697 such dispute. 698 Article 5. General Requirements 699 5.01 Service Standards. Contractor must perform all Collection Services under this Agreement 700 in a thorough and professional manner as described in Article 25, while meeting the minimum performance 701 and diversion standards listed in Article 17 according to the Sustainability and Compliance Plan (Exhibit 10) 702 developed by the Contractor and approved by the City. 703 5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 704 facilities, and personnel supervision required for the performance of Contractor's obligations under this 705 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor's 706 obligations under this Agreement. No compensation for Contractor's services or for Contractor's supply of 707 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any 708 Service Recipient except as expressly provided by this Agreement. 709 5.03 Holiday Service. The City observes New Year's Day, Memorial Day, Independence Day, 710 Labor Day, Thanksgiving Day, and Christmas Day as legal holidays. Contractor is not required to provide 711 Collection Services or maintain office hours on the designated holidays. In any week in which one of these 712 holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be 713 delayed one Work Day for the remainder of the week with normally scheduled Friday SFD Collection 714 Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in Article 715 12 but must meet the minimum frequency requirements of one (1) time per week. Collection Services will 716 not take place on Sundays, unless previously authorized by the Agreement Administrator. 717 5.04 Inspections. Subject to Contractor's appropriate safety protocols, the City has the right to 718 inspect Contractor's facilities or Collection Vehicles and their contents used to provide services pursuant to 719 this Agreement at any reasonable time while operating inside or outside the City. 720 5.05 Commingling of Materials. 721 5.05.1 SFD Materials Collected in Santa Clarita. Contractor may not at any time 722 commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by 723 Contractor inside or outside the City of Santa Clarita without the express prior written authorization of the 724 Agreement Administrator. FINAL AGREEMENT Page 22 of 184 725 5.05.2 Commercial Materials Collected in Santa Clarita. Contractor may commingle 726 Commercial materials collected pursuant to this Agreement with other materials collected outside the City 727 of Santa Clarita, provided that Contractor tracks the tonnage of Commercial material collected inside the 728 City of Santa Clarita separately using a City -approved allocation methodology. Changes to the allocation 729 methodology may only be made with the express prior written authorization of the Agreement Administrator. 730 5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not 731 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 732 any other material type Collected by Contractor without the express prior written authorization of the 733 Agreement Administrator. 734 5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at 735 any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any 736 other material type Collected by Contractor, without the express prior written authorization of the Agreement 737 Administrator. 738 5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which 739 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 740 authorization of the Agreement Administrator, Contractor will Collect Commercial Garbage and Recyclable 741 Materials in the same Collection Container, using a Split -bin or Unicycling, for the purposes of processing 742 Recyclable Materials for diversion. 743 5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 744 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum 745 bundled service requirements as necessary, that matches their unique service needs to reduce 746 contamination of Recyclable Materials and Organic Waste, and provide service at least cost to Service 747 Recipient. To support City's diversion goals and Contractor's Diversion Requirements as set forth in Section 748 8.01.1, Contractor is only required to collect and process Recyclable Materials if they have been separated 749 by the Service Recipient from Garbage and Organic Waste and will only be required to collect Organic Waste 750 if it has been Source Separated by the Service Recipient from Garbage and Recyclable Materials. 751 As part of Contractor's Public Education Services under Section 20.02, Contractor has agreed to provide 752 outreach and support to Service Recipients as described in the Contractor's Sustainability and Compliance 753 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally, 754 Contractor's route collection personnel will report to Contractor's supervisors if they observe potential 755 contamination problems, and/or insufficient collection capacity. For purposes of determining if Recyclable 756 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 757 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, 758 by visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or 759 Recyclable Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated 760 and Contractor may take the following steps: 761 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 762 MFD, MXD, and SFD Service Recipients. FINAL AGREEMENT Page 23 of 184 763 5.07.1 First and Second Occurrence. For the first and second occurrence within any one 764 continuous 12 month period of contamination for a particular container (i.e., Recyclable Materials or Organic 765 Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a 766 Contamination Violation Notice to the contaminated container which contains instructions on the proper 767 procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by 768 phone, U.S. mail, e-mail, or in person (which may be a container tag), that for the third and subsequent 769 incidents of excess contamination, the Service Recipient may be charged a contamination fee for the 770 contaminated container, and Contractor may increase the Collection Container size, or require an additional 771 Collection Container. Contractor's representative must also contact the Service Recipient by phone, U.S. 772 mail, e-mail, or in person (which may be a container tag) to ensure that they have the appropriate level of 773 service for proper collection of Recyclable Materials and/or Organic Waste. Contractor must also document 774 the contamination issue in the Waste Reporting System provide digital/visual documentation to the Service 775 Recipient that clearly documents the Service Recipient's on -going contamination problems. 776 5.07.2 Third Occurrence. For the third or subsequent occurrence within any one 777 continuous 12-month period of contamination for a particular container (i.e., Recyclable Materials or 778 Organic Waste), Contractor must collect the contaminated Container (as Solid Waste) and must charge the 779 Service Recipient a contamination fee as set forth in Exhibit 1. Contractor must continue providing the 780 Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided) 781 digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient's 782 on -going contamination problems and written Notices of contamination as described above. Contractor may 783 increase the Container size or collection frequency and impose a contamination surcharge on the account 784 for a period of six months or until the Service Recipient has demonstrated no contamination for a period of 785 three consecutive months. Contractor must document contamination issue and surcharge in Waste 786 Reporting System and notify City within five (5) Business Days if Contractor increases the Container size 787 or collection frequency for excessive contamination or imposes the contamination surcharge to the account. 788 City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against 789 offending Service Recipients in order to secure discontinuance of the contamination. 790 5.08 Trackinci Occurrences of Contamination. Regarding Section 5.07, each Contamination 791 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 792 contamination occurrences are not active and consecutive. Where contamination is occurring, and 793 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 794 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 795 consecutive months the tracking calendar will reset. 796 5.09 Disputes Over Excess Contamination Charcies. If Service Recipient disputes a 797 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily 798 halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the 799 Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager 800 to resolve the dispute. During the pendency of any request, Contractor may restore Container size or 801 number, or collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 802 any such dispute must be filed within ten (10) Business Days of Contractor's halting of contamination charge, FINAL AGREEMENT Page 24 of 184 803 or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 804 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 805 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 806 dispute within ten (10) Business Days, and the City Manager's decision on resolving the dispute between 807 and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will 808 credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in 809 favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 810 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 811 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts. 812 5.10 Container Overage and Correction Procedures. If a Customer is found to habitually 813 overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container 814 Contractor may take the steps as listed below to correct Customers' on -going overflow of material. All 815 customers will be notified of Collection Overages. Contractor shall notify the City regarding Commercial, 816 MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate 817 action with such customers in order to secure discontinuance of the overages. 818 5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 819 correct combination of Collection Containers and collection frequency that matches each Service Recipient's 820 unique service needs to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable 821 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in 822 the Service Recipient's Solid Waste Collection Containers negatively impacts public health and safety. 823 Contractor has also agreed to conduct recycling audits and provide outreach and support to Service 824 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 825 overflow their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct 826 Service Recipient's on -going overflow of Solid Waste. 827 5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements 828 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged, 829 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in 830 Exhibit 1. 831 5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with 832 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at 833 no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a 834 Non -Collection Notice explaining the reason for non -collection of the Solid Waste Overage, (iii) Contractor 835 may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste 836 Overage fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or 837 frequency of Collection of the existing Collection Container(s) to match documented service needs as 838 provided below. In managing Solid Waste Overages, the following apply: 839 5.13.1 SFD Service Recipients — Each Occurrence. For each occurrence Contractor will 840 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating 841 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e- FINAL AGREEMENT Page 25 of 184 842 mail, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient: (i) the date, 843 description and photograph of the Solid Waste Overage and document in the Waste Reporting System. 844 Contractor's Non -Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to 845 schedule a Large Item Collection or (b) request an additional Collection Container to eliminate future 846 Overages. 847 5.13.2 Commercial and MFD/MXD Service Recipients — Each Occurrence. Contractor 848 must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, 849 or in person (which may be by Non -Collection Notice) to the Service Recipient with the date, description 850 and photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may 851 charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity, 852 or collection frequency of the Collection Container to match documented service needs. At least ten (10) 853 Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor's 854 representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may 855 be by Non -Collection Notice) to ensure that Service Recipient has the appropriate level of service. 856 Contractor must document overage issue in the Waste Reporting System and notify City within ten (10) 857 Business Days of any changes in Service Recipient's Collection Container size or collection frequency. The 858 increased capacity or collection frequency will remain in effect until Contractor determines that it is no longer 859 needed to prevent overages, which may be longer than the one Calendar Year stated above. Such 860 determination will be in Contractor's sole but reasonable discretion and will be subject to the dispute 861 resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal 862 remedies against offending Service Recipients in order to secure discontinuance of the overages. 863 5.14 Tracking Occurrences of Solid Waste Overage. Regarding Sections 5.11 — 5.13 after 864 twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid 865 Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence. 866 5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste 867 Overage charge or container size or collection frequency change within 30 days of the disputed action, 868 Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate 869 resulting from increasing the Collection Container size or collection frequency, and Contractor may request 870 a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may 871 restore Container size or number, or collection frequency, to the prior levels. A request by Contractor to the 872 City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor's halting 873 of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and 874 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or 875 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the 876 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager's decision on 877 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the 878 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the 879 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid 880 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste FINAL AGREEMENT Page 26 of 184 881 Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of 882 delinquent accounts. 883 5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 884 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to 885 Contractor at such time as said materials are set out for Collection. 886 5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Collection 887 Services or while its vehicles are on the road. Contractor must transport all materials Collected under the 888 terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 889 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Collection 890 Services so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 891 Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or 892 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 893 5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning 894 up sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must 895 clean up any material or residue that is spilled or scattered by Contractor or its employees. 896 5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 897 from Contractor's operations or equipment repair must be covered immediately with an absorptive material 898 and removed from the street surface. Contractor must document spillage in the Waste Reporting System 899 and notify City's stormwater compliance coordinator within ninety (90) minutes of any spills resulting from 900 Contractor's operations or equipment. When necessary, Contractor must apply a suitable cleaning agent 901 and cleaning technique to the street surface to provide adequate cleaning as approved by the City's 902 stormwater compliance coordinator to be compliant with the City's stormwater permit. 903 5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 904 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 905 Contractor must engage third -party environmental clean-up specialist to remove any equipment oil, 906 hydraulic fluids, or any other liquid or debris that remains on street after Contractor's own clean-up efforts. 907 If clean-up is not conducted to satisfaction of City, City has right to engage environmental clean-up 908 specialist to perform additional clean-up work at the expense of Contractor. 909 5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 910 any physical damage in excess of a simple cosmetic stain caused by the spill), Contractor shall be 911 responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall 912 be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a 913 manner satisfactory to the City and at no cost to the City. 914 5.17.5 To facilitate immediate cleanup, Contractor's vehicles must always carry sufficient 915 quantities of petroleum absorbent materials along with a broom and shovel. FINAL AGREEMENT Page 27 of 184 916 5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts 917 to guarantee capacity for all City Green and Organic Waste for the term of the Agreement using a facility 918 listed in Exhibit 9. 919 5.19 Regulations and Record Keeping. Contractor must comply with emergency notification 920 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 921 must be maintained at Contractor's facility. These records must include waste manifests, waste inventories, 922 waste characterization records, inspection records, incident reports, and training records. 923 Article 6. Collection Service Rates 924 6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will 925 charge for providing the Collection Services, provided that Contractor shall not charge any Service Recipient 926 an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be 927 adjusted as provided in this Agreement. 928 6.02 Senior / Low -Income Discount as Contractor's Good Will. In exchange for the goodwill of 929 the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Collection 930 Services provide to eligible Service Recipients (the "Discount") and that the Discount shall neither impact 931 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 932 Contractor shall make the Discount available to any person who demonstrates through appropriate 933 documentation that they are: (i) 60 years of age or older; or (ii) a person of low, lower, or extremely low 934 income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head 935 of household and occupant at the Service Unit address. Contractor shall provide the City and all persons in 936 the City then currently subscribed Contractor's Discount rate program describing and explaining how to 937 qualify for and receive the Discount. Contractor shall thereafter advertise the availability of the on its website 938 throughout the Term of this Agreement and at least once per year by direct notice to all SFD Service 939 Recipients. Adjustments to Maximum Service Rates using CPI-U. Beginning on January 1, 2025, and 940 annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an 941 annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement. 942 6.03 Pre -payment Discount. Contractor will provide a one -month discount to the total annual bill 943 for all SFD Service Recipients that pre -pay their bill on an annual basis. The annual pre -payment must occur 944 between January 2nd and January 31 st to be effective in the current Calendar Year. 945 6.04 Maximum Service Rate Adjustment. The Maximum Service Rates in Exhibit 1 shall be 946 adjusted on January 1, 2025, and annually thereafter in accordance with this Section 6.04. No other 947 adjustments shall be made except as provided in Section 30.01. 948 6.04.1 CPI Adjustment Calculation. For Rate Year 2025, beginning on January 1, 2025, 949 and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of 950 the 12-month average change in the CPI-U for the 12-month period published immediately prior to the rate 951 application. Therefore, the first rate adjustment effective January 1, 2025 will be based on the percentage 952 change between the 12-month average of the CPI-U from August 1, 2022 through July 31, 2023, and the FINAL AGREEMENT Page 28 of 184 953 12-month average of the CPI-U from August 1, 2023 through July 31, 2024. The index to be used shall be 954 the CUURS49ASAO All Urban Consumers (CPI-U), Los Angeles -Long Beach -Anaheim, not seasonally 955 adjusted. 956 6.04.2 Annual Rate Cap on Maximum Service Rates. In any Calendar Year that the 957 calculation of the CPI-U exceeds four percent (4%), the total adjustment for that year will equal four percent 958 (4%) and the rollover amount will be added to the rate adjustment percentage in the following year, or any 959 subsequent year. If the CPI-U is negative (after accounting for any applicable rollover percentages from 960 prior years), there will be no CPI-U adjustment for that year. Notwithstanding any other provision of this 961 Agreement, all SFD Service Unit Maximum Service Rates shall remain below all jurisdictions, including 962 Incorporated Cities and Unincorporated County Areas, with Source Separated (Garbage, Recycling, and 963 Organic Waste) franchised collection services in the Santa Clarita Valley. 964 6.04.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of 965 one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. 966 All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. 967 6.04.4 Maximum Service Rate Adjustment Report. On or before September 15 of each 968 year of the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum 969 Service Rates for the subsequent calendar year (the "Adjustment Report"). The Adjustment Report shall be 970 in a format as may be mutually agreed on between the City and Contractor and must contain or be 971 accompanied by Contractor's adjustment calculations for the specific services performed under this 972 Agreement during the preceding Agreement Year in Microsoft Excel or other electronic format acceptable 973 to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report. 974 6.04.4.1 Corrections. In the event the City determines the Adjustment 975 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 976 to the City. A corrected report submitted after September 15 shall be treated as a late report. 977 6.04.4.2 Late Report. If Contractor fails to submit the Adjustment Report by 978 September 15, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and 979 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 980 time for it to be implemented on January 1; or (2) accept and consider the late Adjustment Report at its 981 earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively 982 thirty (30) days afterthe City's approval. In no event shall Contractor apply any rate adjustment retroactively. 983 6.04.4.3 No Report. If Contractor fails to provide any Adjustment Report, 984 the Maximum Service Rate shall remain unchanged for the next calendar year 985 6.04.5 Customer Notification. At least 30 days prior to the effective date of a rate change, 986 Contractor shall prepare and distribute, subject to the direction of the City, a notice to each Customer 987 containing the new collection rate and the effective date. Such notice shall be in a form subject to City's 988 approval prior to its distribution and may be included with Billings made by Contractor. FINAL AGREEMENT Page 29 of 184 989 6.05 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 990 notify Contractor on or before December 1 whether the City has approved the requested adjustments to the 991 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 992 requested rate adjustment of more than four percent (4%) . The City Manager may approve all other requests 993 or refer them to the City Council at his or her discretion. 994 6.06 Contractor payment for CPI-U review. Contractor shall be responsible for paying the cost 995 of reviewing or correcting the annual CPI-U adjustment if the City determines that Contractor has made 996 substantial errors and has not properly submitted or correctly calculated the CPI-U adjustment. 997 6.07 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent 998 extraordinary events, including Change of Law, which, although they do not prevent either party from 999 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of 1000 providing services above the Section 6.04 Maximum Service Rate Adjustment. The obligation of the parties 1001 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates. 1002 Accordingly, at its option, Contractor may apply to the City not more frequently than once annually, for an 1003 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic 1004 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section 1005 6.04. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to 1006 make a substantial change in its operations, or substantial capital expenditure or investment in order to 1007 perform its obligations under this Agreement due to the occurrence of an event or circumstance which is 1008 beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after 1009 approval by the City Council. 1010 6.07.1 Contractor's Burden. In the event of such an application for an extraordinary rate 1011 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1012 satisfaction of the City the basis for the extraordinary increase cost. -Contractor shall bear the burden of 1013 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1014 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1015 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1016 solely responsible for the cost to of providing such additional information. Contractor shall allow City to 1017 review a report of its annual revenues and expenses for the services provided in the City prepared by a 1018 Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance 1019 with Rule 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the 1020 California Code of Regulations, Title 16, Chapter I ("Financial Statements"). Such Certified Public 1021 Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no 1022 financial interest whatsoever in the business of the Contractor. City shall have the right to review this 1023 information in connection with the City's review of Contractor's extraordinary rate adjustment request. With 1024 respect to any Financial Statements or any other non-public information ("Confidential Information"), City 1025 agrees that: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of 1026 Confidential Information within its own organization and to its agents or representatives who need to know 1027 the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information 1028 to any third party, excepting those subject to subsection (b), without the prior written consent of the FINAL AGREEMENT Page 30 of 184 1029 Disclosing Parties; (d) it will not copy and/or reproduce any Confidential Information without the prior written 1030 approval of the Contractor; and (e) it will not use Confidential Information except as required for 1031 consideration of the request. City may consider increases or decreases in Contractor's total revenues and 1032 total cost of services when reviewing an extraordinary rate adjustment request. The City will inform the 1033 Contractor upon receiving a California Public Records Act request or a subpoena for the Confidential 1034 Information by written notice delivered to the Contractor ("Notice"). The Contractor will have five (5) days 1035 from the date of the Notice to inform the City in writing of its intent to assert its confidentiality rights under 1036 this Agreement. The Contractor will have fifteen (15) days from the date of the Notice to seek judicial 1037 assistance to prevent the disclosure of the Confidential Information. If the Contractor fails to act within the 1038 nine (9) or fifteen (15) day windows described above, the City may disclose the requested Confidential 1039 Information to the requestor or subpoenaing party. In the event Contractor seeks a court order to stay or 1040 enjoining the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its 1041 Council, elected and appointed board or commission members, officers, employees, volunteers and agents 1042 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, 1043 action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi- 1044 judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA 1045 or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this 1046 Agreement. 1047 6.07.2 Review Costs. At the time of its request, Contractor shall also submit a payment 1048 to the City of Twenty -Five Thousand Dollars ($25,000) to defray the City's costs to review the request. In 1049 the event the City's reasonable costs exceed that amount, Contractor shall reimburse the City for any 1050 documented amount in excess. 1051 6.07.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1052 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1053 6.07.4 City Review; Approval. City shall review the Contractor's request and, in the City's 1054 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1055 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1056 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify 1057 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor's request. 1058 Except as provided herein, any such change approved by the City shall not be implemented until January 1059 1 of the next Rate Year unless a different time frame is approved by the City Council. 1060 6.07.5 No Retroactive Adjustments. Extraordinary Adjustments may not be applied 1061 retroactively without City Council approval. Notwithstanding the preceding sentence, in no event may an 1062 Extraordinary Adjustment be applied retroactively to a date prior to July 1, 2023. Contractor may not request 1063 an Extraordinary Adjustment to Initial Service Rates, nor may Contractor request an Extraordinary 1064 Adjustment prior to December 31, 2024. 1065 6.08 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about 1066 five (5) years from the Commencement Date regarding material changes in the cost of providing services 1067 that are substantially in excess of the rate adjustments resulting from the application of Sections 6.04 and FINAL AGREEMENT Page 31 of 184 1068 6.07. If it is determined that there have been material changes in the cost of providing services, then the City 1069 and Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process 1070 for demonstrating material changes in the cost of providing services shall follow the same process as outlined 1071 in Section 6.07.1. 1072 6.09 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1073 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of 1074 the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, 1075 within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, 1076 to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1077 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1078 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1079 the date of receipt of Contractor's request, either party may terminate this Agreement no earlier than one 1080 hundred and eighty (180) days after written notice to the other. 1081 Article 7. Collection Service Billing 1082 7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1083 responsible for the billing and collecting payments for the Collection Services it provides within the Service 1084 Area. 1085 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic 1086 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If 1087 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self- 1088 addressed return envelope. All invoices shall include Contractor's e-mail address, include directions for 1089 payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or be 1090 accompanied by a complete billing statement showing all charges and all services provided. City shall have 1091 the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable notice 1092 to Contractor. 1093 7.03 Timing: Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1094 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1095 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and 1096 once every Quarter for SFD Service Units. No invoice shall be considered past due until the last day of the 1097 respective month or Quarter for which Collection Services are provided. 1098 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1099 Contractor's Service Area, Contractor shall pro -rate billing to the Service Recipient on a weekly basis, 1100 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service 1101 provided by Contractor. 1102 7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1103 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment and 1104 after the payment is validated. Contractor shall refund every overpayment that: (1) exceeds two hundred FINAL AGREEMENT Page 32 of 184 1105 dollars ($200.00) or the amount of Service Recipient's typical invoice, whichever is less; or (2) is due to the 1106 Service Recipient closing the account prior to the end of the billing period. Contractor may issue a service 1107 credit of no more than two (2) years against future invoices for all other overpayments. 1108 7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1109 accounts are delinquent by more than ninety (90) days to the Agreement Administrator on a monthly basis. 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 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 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% 2031 and After 60% 75% FINAL AGREEMENT Page 33 of 184 1128 8.01.2 Annual Reporting. Contractor shall calculate the actual Franchised Diversion Rate 1129 for each calendar year and shall deliver a written report regarding the same to the City no later than August 1130 15 of the year following the reporting period as set forth in Section 22.04. 1131 8.01.3 Franchised Diversion Rate Calculation. Contractor's actual Franchised Diversion 1132 Rate for any given Calendar Year shall be calculated by dividing (i) the total tonnage of Solid Waste 1133 Collected by Contractor in the City and either Disposed of at the City approved Recyclable Materials or 1134 Organic Waste Processing Facility, scavenged, or otherwise handled in a manner that counts as Diversion 1135 under applicable CalRecycle regulations; by (ii) the total tonnage of Solid Waste Collected by Contractor in 1136 the City. 1137 8.01.3.1 Diversion for Scavenged Items. Contractor may estimate 1138 diversion of materials lost due to scavenging by determining how many work orders were 1139 submitted for Large Item Pickup and observed by the drivers as to be not out for collection. 1140 Contractor will provide a standard estimate of weight per item that is acceptable to the City. 1141 8.01.4 Failure to Meet Franchised Diversion Rate. If Contractor fails to meet the minimum 1142 calendar year Franchised Diversion Rate in a given reporting period pursuant to Section 8.01.2, it shall be 1143 subject to Administrative Charges as allowed under Article 25 and specified in Exhibit 6. Contractor must 1144 also submit a written corrective action plan to the City before March 15 of the year following the missed 1145 minimum Diversion requirement. Contractor's corrective action plan must specify all actions Contractor will 1146 take to ensure it will meet Franchised Diversion Rates in the future, and shall be subject to the review and 1147 approval by the Agreement Administrator. Contractor's failure to meet the minimum Franchised Diversion 1148 Rate shall not constitute a default under this Agreement so long Contractor fully implements all elements 1149 of a City approved corrective action plan. If Contractor fails to submit an adequate corrective action plan or 1150 to fully implement a City -approved corrective action plan, it shall subject Contractor to Administrative 1151 Charges as allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available 1152 to the City. 1153 8.01.5 CalRecycle Diversion Rate Calculation. The actual CalRecycle Diversion Rate for 1154 any given calendar year shall be calculated with the data provided through the electronic annual report 1155 consistent with CalRecycle and Public Resources Code Section 41780. 1156 8.01.6 Failure to Meet CalRecycle Diversion Rate. If City fails to meet any CalRecycle 1157 Diversion Rate listed in 8.01.1 due to Contractor's failure to implement any Diversion or public education 1158 program as required by this Agreement, Contractor shall be subject to Administrative Charges as allowed 1159 under Article 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to 1160 the City before March 15 of the year following the missed minimum CalRecycle Diversion Rate. Contractor's 1161 corrective action plan must specify all actions Contractor will take to help the City to meeting all Diversion 1162 requirements under Applicable Law in the future, and shall be subject to the review and approval by the 1163 Agreement Administrator. If Contractor fails to submit an adequate corrective action plan or to fully 1164 implement a City -approved corrective action plan, it shall subject Contractor to Administrative Charges as 1165 allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available to the City. FINAL AGREEMENT Page 34 of 184 1166 8.01.7 Waivers. On or about July 1, 2024, and on or about August 15 henceforth, 1167 Contractor may request to waive or revise the annual Franchised Diversion requirements. The parties agree 1168 to meet and confer, and negotiate in good faith regarding such requests, taking into account matters such 1169 as waste characterization data, trends in source reduction, the availability of permitted facilities capable of 1170 processing material to achieve the required Diversion levels, the availability of commercially viable markets 1171 for Recyclable Materials or Organic Waste, transportation constraints, embargoes, the impact of 1172 scavenging, increasing producer responsibility requirements, restrictions on single -use plastics, public 1173 safety impacts, and the passage of any other legislation that significantly impacts the waste stream mix. 1174 City, via the Agreement Administrator, may not unreasonably withhold approval of the waiver or revision 1175 provided that Contractor's request is accompanied by sufficient documentation and granting the request 1176 would not render the City non -compliant with any State Diversion mandates. 1177 8.02 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1178 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1179 Contractor's obligations under this Article. City's obligations in this regard shall include, without limitation, 1180 making such petitions and applications as may be reasonably requested by Contractor for time extensions 1181 in meeting Diversion goals, enforce provisions of 15.44.905 Enforcement in the City municipal code or other 1182 exceptions from the terms of Applicable Laws, and to agree to authorize such changes to Contractor's 1183 Recycling, Organic Waste, or Solid Waste programs as may be reasonably requested by Contractor in order 1184 to achieve the minimum requirements of this Article. 1185 8.03 Contractor's Diversion Programs. Contractor shall implement the Diversion programs 1186 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1187 under Applicable Law. Contractor shall furthermore, at its sole cost and expense, (1) assist the City to 1188 respond to inquiries from, or prepare for and attend any hearing before, CalRecycle or any other regulatory 1189 agency relating to the City's compliance with Applicable Law; prepare for and participate in CalRecycle' s 1190 review of the City's SRRE.; apply for any extension available under Applicable Law; develop and implement 1191 a public awareness and education program consistent with the City's SRRE and Household Hazardous 1192 Waste Element and any related requirements of Applicable Law; (2) Provide the City with Recycling, source 1193 reduction, and other technical assistance as may be needed to comply with Applicable Law; (3) advise the 1194 City of additional programs or measures Contractor can, if authorized by the City, implement to increase 1195 compliance with the Diversion requirements of Applicable Law; and (4) promptly pay any and all fees, 1196 penalties, or other costs imposed on the City by CalRecycle relating to its Diversion requirements, outlined 1197 in this agreement and indemnify and hold harmless the City from and against any fines, penalties, or other 1198 liabilities, levied against the City for violation of such Diversion requirements caused by Contractor's failure 1199 to perform its obligations hereunder. 1200 8.04 New Diversion Programs. If Contractor fails to meet any Franchised Diversion requirement 1201 or the City fails to meet any CalRecycle Diversion requirement notwithstanding Contractor's implementation 1202 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1203 to modify its Diversion and public education programs or implement new programs. Such modifications may 1204 constitute a City -Directed Change under Section 30.01. Contractor shall not implement new Diversion 1205 programs not described in this Agreement without the City's prior consent. FINAL AGREEMENT Page 35 of 184 1206 8.05 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements 1207 by any alternative methods or procedures, provided it complies with AB 939, AB 341, AB 1826, AB 1594, 1208 SB 1016, SB 1383, and / or any other Applicable Law, as may be amended from time to time. Contractor's 1209 ability to meet its diversion requirements by alternative methods per this Section 8.05 is subject to Agreement 1210 Administrator review and approval. 1211 MAN Article 9. Service Unit Types 1213 9.01 Service Units. Service Units include all the following categories of premises which are in 1214 the Service Area as of July 1, 2023 and all such premises which may be added to the Service Area by means 1215 of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement: 1216 9.01.1 SFD Service Units. Services are specified in Article 10. 1217 9.01.2 MFD Service Units. Services are specified in Article 11. 1218 9.01.3 Mixed -use Development (MXD) Service Units. Services are specified in Article 13. 1219 9.01.4 Commercial Service Units. Services are specified in Article 12. 1220 9.01.5 City Service Units. Services are specified in Article 14. 1221 9.01.6 Any question as to whether a premise falls within one of these categories will be 1222 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1223 final. 1224 9.02 Service Unit Changes. City and Contractor acknowledge that during the term of this 1225 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1226 Service. 1227 9.02.1 Additions and Deletions. Contractor must provide services described in this 1228 Agreement to new Service Units in Contractor's Service Area within five (5) Work Days of receipt of notice 1229 from City or the new Service Unit to begin such Service. 1230 9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1231 Contractor's Service Area is acquired by City through annexation, subject to the requirements of Public 1232 Resources Code section 49520, Contractor agrees to provide Collection Services in such annexed area in 1233 accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination of 1234 former contractor's rights to provide service have been exhausted. Such Collection Services must begin 1235 within five (5) Work Days of receipt of written notice from City. Contractor may not begin Collection Service 1236 without written authorization from City. FINAL AGREEMENT Page 36 of 184 1237 9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1238 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1239 Administrator as requested. 1240 Article 10. Residential Service 1241 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1242 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin 1243 Collection Service. The SFD Services are governed by the following terms and conditions: 1244 10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1245 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1246 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly 1247 containerized in Recycling Carts, except as set forth in Section 10.08.1; Organic Wastes are properly 1248 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, 1249 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1250 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1251 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1252 vehicle. 1253 10.01.2 Bundled SFD Cart Service. Except for those Service Recipients that City 1254 determines may receive In -Ground Service, and those Service Recipients that choose to receive Bins for 1255 service, Contractor will use a weekly Bundled SFD Solid Waste Collection Service system with one (1) 96- 1256 Gallon Garbage Cart, one (1) 96-Gallon Recycling Cart, and one (1) 96-Gallon Organic Waste Cart as part 1257 of the base SFD Solid Waste Collection Service. SFD Service Recipients shall receive additional Recycling 1258 Carts and additional Organic Waste Carts to be included at no additional cost, if requested. Garbage, 1259 Recycling, and/or Organic Waste Carts with a capacity of 32-Gallon or 64-Gallon may be requested by 1260 Customers that have space constraints. Pricing for downsizing Carts, or additional Carts, relative to the 1261 base Bundled Service are included in Exhibit 1. 1262 10.01.3 In -Ground Container Collection. Contractor shall continue to provide weekly Solid 1263 Waste Collection Service to SFD Service Recipients with in -ground Containers ("In -Ground Service"). 1264 Contractor shall remove such Containers form their in -ground housing, bring them to the Collection Vehicle 1265 for dumping, and return them to the in -ground housing, covered. Contractor shall not be obligated to provide 1266 Service Recipients In -Ground Service with Organic Waste Collection as set forth in Section 10.09. 1267 Contractor is not obligated to restart In -Ground Service after Bundled SFD Cart Service is started. Maximum 1268 Service Rates for Service Recipients receiving Collection Service with in -ground Containers are set forth in 1269 Exhibit 1. 1270 10.01.4 On -Premises Service. Notwithstanding any term or definition set forth in this 1271 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the 1272 SFD Service Recipients premises to an SFD Service Unit as follows. FINAL AGREEMENT Page 37 of 184 1273 10.01.4.1 At no additional cost to the SFD Service Unit. SFD Service Units 1274 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1275 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises 1276 service has been made. Contractor shall have the right to verify eligibility. In the event of a dispute between 1277 Contractor and Service Recipient, City shall have the right to make final determination. 1278 10.01.4.2 At an additional cost to the SFD Service Unit. 1279 A. SFD Service Units where topography, steep driveways, below grade dwellings, or 1280 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage, 1281 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1282 Contractor, and if a request for on -premises service has been made. 1283 B. SFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1284 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1285 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1286 or impossible to access using regular trash collection trucks. 1287 C. Contractor must offer "push services" to SFD Service Recipients other than those 1288 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1289 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1290 from their storage location for Collection and returning the Collection Containers back to their storage 1291 location. 1292 10.01.4.3 Contractor must provide on -premises Collection Service on the 1293 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit. 1294 10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection 1295 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must 1296 be scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service, 1297 and Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided, 1298 commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday, 1299 except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended 1300 due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1301 Administrator. 1302 10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1303 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1304 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1305 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on 1306 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1307 owner of both properties has given permission. Care should be taken to prevent damage to property, 1308 including flowers, shrubs, and other plantings. 1309 10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1310 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in FINAL AGREEMENT Page 38 of 184 1311 Exhibit 4. If any changes to theses pecifications are adopted after the Effective Date that results in Contractor 1312 being required to replace Collection Containers before they have been fully depreciated, Cont actor will be 1313 eligible for additional compensation in accordance with Section 6.07. 1314 10.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts 1315 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1316 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1317 Recipient. 1318 10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1319 Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1320 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1321 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1322 System monthly. 1323 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1324 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1325 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1326 Contractor elects to replace a Cart rather than repair it on -site, Contractor will be compensated for the cost 1327 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1328 Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be 1329 adjusted by the City from time to time as provided under this Agreement. 1330 10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1331 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive 1332 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1333 10.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1334 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1335 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1336 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1337 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1338 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1339 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1340 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit 1341 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1342 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those 1343 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1344 accordance with the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this 1345 Agreement. 1346 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1347 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, FINAL AGREEMENT Page 39 of 184 1348 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1349 in Exhibit 1. 1350 10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1351 10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD 1352 Service Recipient, Contractor must clean all Collection Containers at the SFD's premises or must replace 1353 the dirty Collection Containers with clean Collection Containers. Any Collection Container cleanings must 1354 be done in such a manner that results in no water entering the City's storm drain system. This service must 1355 be provided at no charge to the Service Recipient, so long as the service is not requested more than once 1356 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service 1357 Recipient, Contractor will ensure that all Collection Containers are cleaned on an as -needed basis so as to 1358 maintain a clean appearance and proper function. Additional cleanings beyond once each Calendar Year 1359 will be subject to the Service Rate set forth in Exhibit 1. 1360 10.07 SFD Garbage Collection Service. This service is governed by the following terms and 1361 conditions: 1362 10.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed 1363 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10. 1364 10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1365 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1366 Exhibit 9. In the event the Disposal Facility is closed on a Work Day or excessive wait times are 1367 encountered, Contractor must transport and dispose of the Garbage at another legally permitted Disposal 1368 Facility. Notification to the City is required by the end of the same day should another facility be used. 1369 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may 1370 result in Contractor being in default under this Agreement. 1371 10.08 SFD Recycling Service. This service is governed by the following terms and conditions: 1372 10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart shall be 1373 collected as a Large Item subject to sections 10.10.1 and 10.10.2. City may direct the Contractor to deliver 1374 additional recycling carts if excessive collections are determined at a specific Service Recipient. 1375 10.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1376 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1377 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1378 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1379 Contractor must follow the steps set forth in Section 5.07. 1380 10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1381 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1382 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1383 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to FINAL AGREEMENT Page 40 of 184 1384 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1385 designate Materials Recovery Facility. 1386 10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1387 at no additional charge, each SFD customer may request that Contractor provide one on -call Move-In/Out 1388 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1389 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each 1390 new account. This service shall only include Recyclable Materials, and in the event that the Service 1391 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1392 counted as one of the SFD Service Recipient's free annual Large Item Collections as set forth in Section 1393 10.10. 1394 10.08.5 Recyclinq - Changes to Services. Should changes in Applicable Law arise that 1395 necessitate any additions or deletions to the services described in this Section 10.08, including the type of 1396 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1397 into an Agreement amendment covering such modifications to the services to be performed and the 1398 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1399 to such services. 1400 10.09 SFD Organic Waste Collection Service. This service is governed by the following terms 1401 and conditions: 1402 10.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1403 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1404 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1405 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1406 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1407 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1408 Waste. 1409 10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1410 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1411 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1412 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1413 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default underthis Agreement. 1414 City has the right to designate Organic Waste Processing Facility. 1415 10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1416 for Collection during the three-week period beginning December 26th each year during the term of this 1417 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1418 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1419 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1420 to divert Holiday Trees with tinsel, flocking or ornaments. FINAL AGREEMENT Page 41 of 184 1421 10.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service 1422 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1423 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1424 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1425 10.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1426 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1427 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1428 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1429 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted 1430 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1431 10.09.5.1 Manure Cart Collection. Contractor shall provide Manure 1432 Collection Service to any SFD Service Recipients that require and request a Cart for Manure Collection 1433 Service at no additional charge to the Service Recipient. 1434 10.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection 1435 Service to any SFD Service Recipients that require and request a Bin for Manure Collection Service at no 1436 additional charge to the Service Recipient. 1437 10.09.E Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1438 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1439 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor's place of storage. 1440 10.10 SFD Large Item Collection Service. This service is governed by the following terms and 1441 conditions: 1442 10.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1443 SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1444 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1445 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1446 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1447 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1448 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no 1449 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1450 compensation from the customer at the rate for such service as set in Exhibit 1. 1451 10.10.2 Frequency of Service. Large Item Collection Service will be provided on the next 1452 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1453 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1454 Residential Waste. FINAL AGREEMENT Page 42 of 184 1455 10.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1456 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1457 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1458 10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1459 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1460 10.10.4.1 Reuse as is (where energy efficiency is not compromised) 1461 10.10.4.2 Disassemble for reuse or Recycling 1462 10.10.4.3 Recycle 1463 10.10.4.4 Disposal 1464 10.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1465 Large Items cannot be reused or recycled. 1466 10.10.E City Direction of Large Items. City reserves the right to direct Contractor to take 1467 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1468 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1469 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1470 recyclers have removed reusable or recyclable Large Items. 1471 10.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1472 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1473 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in a 1474 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one 1475 postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided with up to 1476 two postage -paid mail -back sharps containers per year at no additional cost. In addition, Contractor shall 1477 promote this program in newsletters and in other forms of outreach as determined by City. Additionally, 1478 Contractor shall provide to the City on an annual basis not less than 200 postage -paid mail -back Sharps 1479 containers for City staff to distribute at special events. 1480 10.12 Extended Producer Responsibility Diversion Program. Contractor shall provide a minimum 1481 of two City-wide textile, carpet, and mattress collection drives on an annual basis. Contractor will schedule 1482 collection events with City approval and advertise the drop-off events not less than one week prior to the 1483 scheduled collection event, but no more than one month prior to the scheduled collection event. All textile, 1484 carpet and mattresses Collected through this program shall be diverted from the landfill either through 1485 donation to a local non-profit organization or through other means of Diversion. FINAL AGREEMENT Page 43 of 184 1486 Article 11. MFD Service 1487 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1488 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following 1489 terms and conditions: 1490 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1491 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1492 Service Area whose MFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials 1493 are properly containerized in Recycling Carts, except as set forth in Section 11.08.1; Organic Wastes are 1494 properly containerized in Organic Waste Carts, except as set forth in Section 11.09.3, where the Garbage, 1495 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1496 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1497 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1498 vehicle. 1499 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1500 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1501 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1502 Recipient, and including at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon 1503 Organic Waste Cart per 2 cu yd of weekly Garbage service as part of the base bundled MFD Collection 1504 Service. MFD Service Recipients shall receive additional Recycling Carts and additional Organic Waste 1505 Carts to be included at no additional cost, if requested. The actual configuration of Recycling and Organic 1506 Waste Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a manner 1507 determined by the Service Recipient in consultation with the Contractor. Additional services may be 1508 requested by the MFD Service Recipient. To be considered for an exemption from MFD Recycling Service 1509 or MFD Organic Waste Collection Service, Service Recipient must apply for exemption to the City. All such 1510 exemption applications must be reported in the Waste Reporting System and approved by the City. Pricing 1511 for downsizing Carts, or additional Carts, relative to the base Bundled Service are included in Exhibit 1. 1512 11.01.3 In -Ground Container Collection. Contractor shall continue to provide weekly Solid 1513 Waste Collection Service to MFD Service Recipients with in -ground Containers ("In -Ground Service"). 1514 Contractor shall remove such Containers form their in -ground housing, bring them to the Collection Vehicle 1515 for dumping, and return them to the in -ground housing, covered. Contractor shall not be obligated to provide 1516 Service Recipients In -Ground Service with Organic Waste Collection as set forth in Section 11.09. 1517 Contractor is not obligated to restart In -Ground Service after Bundled MFD Cart Service is started. 1518 Maximum Service Rates for Service Recipients receiving Collection Service with in -ground Containers are 1519 set forth in Exhibit 1. 1520 11.01.4 On -Premises Service. Notwithstanding any term or definition set forth in this 1521 Agreement, Contractor must provide Collection of MFD Garbage, Recycling, and Organic Waste on the 1522 MFD Service Recipients premises to an MFD Service Unit as follows. FINAL AGREEMENT Page 44 of 184 1523 11.01.4.1 At no additional cost to the MFD Service Unit. MFD Service Units 1524 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1525 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises 1526 service has been made. Contractor shall have the right to verify eligibility. In the event of a dispute between 1527 Contractor and Service Recipient, City shall have the right to make final determination. 1528 1529 11.01.4.2 At an additional cost to the MFD Service Unit 1530 A. MFD Service Units where topography, steep driveways, below grade dwellings, or 1531 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage, 1532 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1533 Contractor, and if a request for on -premises service has been made. 1534 B. MFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1535 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1536 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1537 or impossible to access using regular trash collection trucks. 1538 C. Contractor must offer "push services" to MFD Service Recipients other than those 1539 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1540 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1541 from their storage location for Collection and returning the Collection Containers back to their storage 1542 location. 1543 11.01.4.3 Contractor must provide on -premises Collection Service on the 1544 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit. 1545 11.02 Frequency and Scheduling of Service. This service must be provided as deemed 1546 necessary and determined between Contractor and the MFD Service Unit, but such service must be received 1547 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 1548 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and 1549 Contractor as long as the minimum frequency requirement is met. The size of the container and the 1550 frequency (above the minimum) of Collection will be determined between the MFD Service Unit and 1551 Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be placed 1552 outside the Collection Container. Contractor must provide containers as part of the Commercial Collection 1553 Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1554 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1555 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1556 by Service Recipients must be owned and supplied by Contractor. 1557 11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1558 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1559 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1560 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on FINAL AGREEMENT Page 45 of 184 1561 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1562 owner of both properties has given permission. Care should be taken to prevent damage to property, 1563 including flowers, shrubs, and other plantings. 1564 11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1565 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in 1566 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor 1567 being required to replace Collection Containers before they have been fully depreciated, Contractor will be 1568 eligible for additional compensation in accordance with Section 6.07. 1569 11.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts 1570 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1571 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1572 Recipient. 1573 11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1574 Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1575 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1576 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1577 System monthly. 1578 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1579 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1580 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1581 Contractor elects to replace a Cart rather than repair it on -site, Contractor will be compensated for the cost 1582 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1583 Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be 1584 adjusted by the City from time to time as provided under this Agreement. 1585 11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1586 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive 1587 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1588 11.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1589 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1590 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1591 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1592 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1593 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1594 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1595 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit 1596 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1597 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those FINAL AGREEMENT Page 46 of 184 1598 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1599 accordance with the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this 1600 Agreement. 1601 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1602 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1603 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1604 in Exhibit 1. 1605 11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1606 11.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the MFD, 1607 Contractor must clean all Collection Containers at the MFD's premises or must replace the dirty Collection 1608 Containers with clean Collection Containers. Any Collection Container cleanings must be done in such a 1609 manner that results in no water entering the City's storm drain system. This service must be provided at no 1610 charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year. 1611 In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will 1612 ensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a clean 1613 appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject to 1614 the Service Rate set forth in Exhibit 1. 1615 11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1616 conditions: 1617 11.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed 1618 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10. 1619 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1620 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1621 Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose 1622 of the Garbage at another legally permitted Disposal Facility. Failure to comply with this provision will result 1623 in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this 1624 Agreement. 1625 11.08 MFD Recycling Service. This service is governed by the following terms and conditions: 1626 11.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart shall be 1627 collected as a Large Item subject to sections 10.10.1 and 10.10.2. City may direct the Contractor to deliver 1628 additional recycling carts if excessive collections are determined at a specific Service Recipient. 1629 11.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1630 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1631 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1632 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1633 Contractor must follow the steps set forth in Section 5.07. FINAL AGREEMENT Page 47 of 184 1634 11.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1635 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1636 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1637 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1638 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1639 designate Materials Recovery Facility. 1640 11.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1641 at no additional charge, each MFD customer may request that Contractor provide one on -call Move-In/Out 1642 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1643 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each 1644 new account. This service shall only include Recyclable Materials, and in the event that the Service 1645 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1646 counted as one of the MFD Service Recipient's free annual Large Item Collections as set forth in Section 1647 11.10. 1648 11.08.5 Recyclinq - Changes to Services. Should changes in Applicable Law arise that 1649 necessitate any additions or deletions to the services described in this Section 11.08, including the type of 1650 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1651 into an Agreement amendment covering such modifications to the services to be performed and the 1652 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1653 to such services. 1654 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1655 and conditions: 1656 11.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1657 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1658 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1659 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1660 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1661 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1662 Waste. 1663 11.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1664 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1665 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1666 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1667 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default underthis Agreement. 1668 City has the right to designate Organic Waste Processing Facility. 1669 11.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1670 for Collection during the three-week period beginning December 26th each year during the term of this 1671 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste FINAL AGREEMENT Page 48 of 184 1672 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1673 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1674 to divert Holiday Trees with tinsel, flocking or ornaments. 1675 11.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service 1676 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1677 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1678 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1679 11.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1680 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1681 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1682 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1683 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted 1684 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1685 11.09.5.1 Manure Cart Collection. Contractor shall provide Manure Collection 1686 Service to any MFD Service Recipients that require and request a Cart for Manure Collection Service at no 1687 additional charge to the Service Recipient. 1688 11.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection 1689 Service to any MFD Service Recipients that require and request a Bin for Manure Collection Service at no 1690 additional charge to the Service Recipient. 1691 11.09.E Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1692 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1693 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor's place of storage. 1694 11.10 MFD Large Item Collection Service. This service is governed by the following terms and 1695 conditions: 1696 11.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1697 MFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1698 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1699 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1700 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1701 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1702 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no 1703 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1704 compensation from the customer at the rate for such service as set in Exhibit 1. 1705 11.10.2 Frequency of Service. Large Item Collection Service will be provided on the next 1706 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular FINAL AGREEMENT Page 49 of 184 1707 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1708 Residential Waste. 1709 11.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1710 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1711 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1712 11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1713 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1714 11.10.4.1 Reuse as is (where energy efficiency is not compromised) 1715 11.10.4.2 Disassemble for reuse or Recycling 1716 11.10.4.3 Recycle 1717 11.10.4.4 Disposal 1718 11.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1719 Large Items cannot be reused or recycled. 1720 11.10.E City Direction of Large Items. City reserves the right to direct Contractor to take 1721 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1722 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1723 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1724 recyclers have removed reusable or recyclable Large Items. 1725 1726 11.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1727 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1728 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in 1729 an appropriate manner, Contractor shall provide, upon request, each MFD Service Recipient with up to 1730 one postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided 1731 with up to two postage -paid mail -back sharps containers per year at no additional cost. In addition, 1732 Contractor shall promote this program in newsletters and in other forms of outreach as determined by 1733 city. 1734 1735 Article 12. Commercial Service 1736 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1737 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service 1738 Units and those City Service Units listed in Exhibit 3. MFD Units serviced with Bins will abide by the 1739 guidelines listed in this Section but are serviced as part of the Residential Collection Service. This service is 1740 governed by the following terms and conditions: FINAL AGREEMENT Page 50 of 184 1741 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1742 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all 1743 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1744 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection 1745 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1746 Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Garbage and 1747 Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes and 1, and 2-cubic yard sizes for Organic 1748 Waste Bins. The size of the container and the frequency (above the minimum) of Collection will be 1749 determined between the Service Recipient and Contractor. However, the size and frequency must be 1750 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the 1751 Collection Container. The base Commercial Collection Service will include Commercial Recycling Service 1752 as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as described in 1753 Section 12.05.5 below. All bins to be labeled with maximum weight limits. If the bins are found to be over 1754 the weight limit, the Contractor may choose to not service the bin. The service account holder must be 1755 notified within 24 hours by the Contractor identifying which bin is over the weight limit. 1756 1757 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1758 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including 1759 at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2 1760 cu yd of weekly garbage service as part of the base bundled Commercial Collection Service. The actual 1761 configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total equivalent 1762 volume and configured in a manner determined by the Service Recipient in consultation with the Contractor. 1763 Additional services may be requested by the Commercial Service Recipient. To be exempted from 1764 Commercial Recycling Service or Commercial Organic Waste Collection Service, Service Recipient must 1765 apply for exemption to the City. All such exemption applications must be reported in the Waste Reporting 1766 System and approved by the City. 1767 12.01.3 Hours of Collection. Commercial Collection Service must be provided as set forth 1768 in Section 15.44.600 of the Municipal Code, commencing no earlier than 5:00 a.m., and terminating no later 1769 than 7:00 p.m., Monday through Saturday, except for Holidays. If the Commercial Collection Service is 1770 adjacent to Residential Premises, then collection service will be provided no earlier than 7:00 a.m. Monday 1771 through Friday and 8:00am on Saturday. The hours, day, or both of Collection may be extended due to 1772 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1773 Administrator. 1774 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1775 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide "push 1776 services" and "stinger/scout truck services" as necessary upon request during the provision of Commercial 1777 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1778 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1779 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck FINAL AGREEMENT Page 51 of 184 1780 services provide for the retrieval of Collection Containers from locations with accessibility constraints that 1781 make Containers difficult or impossible to access using regular trash collection trucks. 1782 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service with 1783 as little disturbance as possible and must leave any Collection Container at the same point it originally 1784 located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1785 12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and 1786 newly painted Bins and Roll -off Containers in good condition that comply with Collection Container 1787 specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective Date that 1788 results in Contractor being required to replace Collection Containers before they have been fully depreciated, 1789 Cont actor will be eligible for additional compensation in accordance with Section 30.01.1. 1790 12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service 1791 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new 1792 Commercial and MFD/MXD Service Units that are added to Contractor's Service Area during the term of 1793 this Agreement. The size and mix of the Collection Containers will be in accordance with the service 1794 agreement obtained by Contractor as set forth in this Agreement and the distribution must be completed 1795 within five (5) Work Days of receipt of the request for service. 1796 12.02.2 Replacement of Collection Containers. Contractor's employees must avoid 1797 damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by 1798 the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no 1799 cost or inconvenience to the Service Recipient. 1800 12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1801 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial 1802 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the 1803 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per 1804 Commercial Service Unit during the initial term of the Agreement, in accordance with the "Collection 1805 Container Exchange" Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a 1806 replacement Collection Container to such Service Unit within five (5) Work Days. 1807 12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection 1808 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such 1809 repairs, Contractor must repair/repaint the Collection Container or if necessary, remove the Collection 1810 Container for repairs and deliver a replacement Collection Container to the Service Recipient. Collection 1811 Container repair also includes the removal of graffiti from the Collection Container. 1812 12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1813 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1814 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible 1815 to receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1816 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) FINAL AGREEMENT Page 52 of 184 1817 Collection Container exchange per Calendar Year, in accordance with the appropriate "Collection Container 1818 Exchange" service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional 1819 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set 1820 forth in Exhibit 1. 1821 12.02.5 Ownership of Collection Containers. Ownership of Collection Containers 1822 distributed by Contractor is vested in Contractor. 1823 12.02.E Cleaning of Collection Containers. Once each Calendar Year, if requested by the 1824 Commercial Service Unit, Contractor must clean all Collection Containers at the Commercial Service Unit's 1825 premises or must replace the dirty Collection Containers with clean Collection Containers. Any Collection 1826 Container cleanings must be done in such a manner that results in no water entering the City's storm drain 1827 system. This service must be provided at no charge to the Service Unit, so long as the service is not 1828 requested more than once per Calendar Year. In addition, regardless of whether or not this cleaning is 1829 requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned on an as- 1830 needed basis so as to maintain a clean appearance and proper function. Additional cleanings beyond once 1831 each Calendar Year will be subject to the Service Rate set forth in Exhibit 1. 1832 12.03 Commercial Garbage Collection Service. 1833 12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1834 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1835 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1836 12.03.2 Size and Frequency of Service. This service must be provided as deemed 1837 necessary and determined between Contractor and the Commercial Service Unit, but such service must 1838 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except 1839 that Collection service scheduled to fall on a holiday may be rescheduled as determined between the 1840 Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the container 1841 and the frequency (above the minimum) of Collection will be determined between the Commercial Service 1842 Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need 1843 be placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1844 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1845 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1846 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1847 used by Service Recipients must be owned and supplied by Contractor. 1848 12.03.3 Non -Collection. Contractor is not required to Collect any Commercial Solid Waste 1849 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1850 Garbage Collection Container because of overflow. In the event of non -collection or overflow, Contractor 1851 must follow the steps as set forth in Section 5.13. 1852 12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1853 Solid Waste Collection Services must be transported to, and disposed of, at the Disposal Facility. In the FINAL AGREEMENT Page 53 of 184 1854 event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose of Solid Waste 1855 at another legally permitted disposal facility. Failure to comply with this provision will result in the levy of a 1856 penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. City 1857 has the right to designate Disposal Facility and agrees to adjust Maximum Service Rates to reflect City's 1858 exercise of flow control rights. 1859 12.04 Commercial Recycling Service. This service is governed by the following terms and 1860 conditions: 1861 12.04.1 Conditions of Service. Contractor must provide Commercial Recycling Service to 1862 all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in 1863 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are 1864 accessible. The Maximum Service Rates for Contractor's Commercial Recycling Services are set forth in 1865 Exhibit 1. 1866 12.04.2 Base Commercial Recycling Service. All Commercial Service Recipients 1867 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling 1868 Materials with a minimum of at least one 96-gallon Recycling Cart per Service Recipient and included in 1869 the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling Collection Container sizes to 1870 be provided will be based on the total equivalent volume and configured in a manner determined by the 1871 Service Recipient in consultation with Contractor. 1872 12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary 1873 and determined between Contractor and the Service Recipient, but such service must be received no less 1874 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1875 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1876 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection 1877 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1878 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 1879 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1880 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the 1881 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled 1882 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1883 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1884 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1885 by Service Recipients must be owned and supplied by Contractor. 1886 12.04.4 Recycling - Improper Procedure. Contractor is not required to Collect Recyclable 1887 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid 1888 Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are 1889 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1890 Contractor must follow the steps as set forth in Section 5.07. FINAL AGREEMENT Page 54 of 184 1891 12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1892 performing Recycling Services must be delivered to the Materials Recovery Facility listed in Exhibit 9. 1893 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may 1894 result in Contractor being in default under this Agreement. All expenses related to materials processing and 1895 marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery 1896 Facility and agrees to adjust Maximum Service Rates to reflect City's exercise of flow control rights. 1897 12.04.6 Recyclinq - Changes to Work. Should changes in law arise that necessitate any 1898 additions or deletions to the work described herein including the type of items included as Recyclable 1899 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1900 amendment covering such modifications to the work to be performed and the compensation to be paid in 1901 accordance with Section 30.01.1 before undertaking any changes or revisions to such work. 1902 12.04.7 Compliance with AB 341 & SB 1383. Contractor will develop and maintain its 1903 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve 1904 and maintain compliance with AB 341 and SB 1383. Contractor will notify Commercial Service Recipients 1905 of the requirements to comply with the laws in November 2023, and not less than annually thereafter. 1906 Contractor must provide the necessary volume of Collection Service to Commercial Service Units in order 1907 to be in full compliance with the law. In conjunction with the City's ordinance supporting full compliance with 1908 AB 341 and SB 1383 by Commercial Service Units (i.e., "generators"), Contractor will conduct in -person 1909 outreach to all non -participating commercial covered generators a minimum of once per calendar year. 1910 Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 1911 12.04.8 Additional Recycling Collection containers. Contractor must provide additional 1912 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within 1913 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that 1914 additional Collection Containers are used by Service Recipients for the purposes of setting out additional 1915 Recyclable Materials for regular weekly Commercial Recycling Service. 1916 12.05 Commercial Organic Waste Collection Service. This service is governed by the following 1917 terms and conditions 1918 12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste 1919 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 1920 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are 1921 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the 1922 specific materials to be included the Service Recipient's Organic Waste Collection. Contractor will charge 1923 for collection of Organic Waste within the Bundled Service rate specified in Exhibit 1. For Organic Waste 1924 collected in Collection Containers beyond the size specified in the Bundled Service rate, Contractor will 1925 charge at the rate set forth in Exhibit 1. Contractor agrees that not all Service Units will elect to receive 1926 Organic Waste Collection Service in Carts, and that Contractor will provide Organic Waste Collection Bins 1927 upon request and as necessary. Service Recipients may elect to add Green Waste only Collection Bins to 1928 their service at pricing included in Exhibit 1. Contractor will provide a sufficient number of Collection 1929 Containers and at a collection frequency to allow for any such Service Unit to utilize the collection of Organic FINAL AGREEMENT Page 55 of 184 1930 Waste. Commercial Organic Waste Collection will occur Monday through Saturday upon request and as 1931 necessary. City shall provide Contractor a list of the names and addresses of Commercial Service Units 1932 that are approved by City for exemption from Organic Waste Collection. 1933 12.05.2 Organic Waste Processing Services. Contractor must ensure that all Organic 1934 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1935 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1936 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1937 for residue resulting from processing. If the organics processing facility accepts bagged organic waste, then 1938 Contractor is obligated to accept bagged Organic Waste. 1939 12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1940 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 1941 station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1942 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1943 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to 1944 designate Organic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City's 1945 exercise of flow control rights. 1946 12.05.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 1947 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 1948 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce 1949 the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its 1950 collection costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must 1951 provide City with its estimate of reduced its costs and shall make adjustments to the Maximum Service 1952 Rates. 1953 12.05.5 Base Commercial Organic Waste Service. All Commercial Service Recipients 1954 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent 1955 volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient included in the Bundled 1956 Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided will be 1957 based on the total equivalent volume and configured in a manner determined by the Service Recipient in 1958 consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth 1959 in Exhibit 1 for Commercial Organic Waste Service greater than the base 32-gallon Organic Waste Cart. 1960 12.05.E Size and Frequency of Service. This service will be provided as deemed necessary 1961 and determined between Contractor and the Service Recipient, but such service must be received no less 1962 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1963 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1964 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1965 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 1966 Collection will be determined between the customer and Contractor. However, size and frequency must be 1967 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 1968 Recipients may own and provide their own Compactor provided that the Service Recipient is completely FINAL AGREEMENT Page 56 of 184 1969 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1970 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 1971 Contractor. 1972 12.05.7 Organic Waste -Improper Procedure. Contractor is not required to Collect Organic 1973 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 1974 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through 1975 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 1976 the steps set forth in Section 5.07. 1977 12.05.8 Organic Waste - Changes to Services. Should changes in law arise that 1978 necessitate any additions or deletions to the services described in this Section including the type of items 1979 included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into an 1980 Agreement amendment covering such modifications to the services to be performed and the compensation 1981 to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions to such services. 1982 12.05.9 Compliance with AB 1826 & SB 1383. Contractor will develop and maintain its 1983 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 1984 to achieve and maintain compliance with AB 1826 and SB 1383. Contractor will notify non-exempt covered 1985 businesses of the requirements to comply with the law in November 2023, and no less than annually 1986 thereafter. Contractor will offer to provide the volume of collection service that covered businesses require 1987 to be in compliance with the law. In conjunction with the City's ordinance supporting full compliance with 1988 AB 341, SB 1383 and AB 827 by Commercial Service Units (i.e., "generators"), Contractor will conduct in- 1989 person outreach to all non -participating non-exempt commercial covered generators as specified in Section 1990 20.02. Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 1991 12.05.10 Additional Organic Waste Collection Containers. Contractor must provide 1992 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 1993 that additional Collection Containers are used by Service Recipients for the proposes of setting out 1994 additional Organic Waste materials for regular weekly Organic Waste Collection Service. 1995 12.05.11 Manure Collection Service. Contractor shall Collect all Manure placed in 1996 an Organic Waste Container at least once per week, or more often if arranged between Service Recipient 1997 and Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or 1998 weight, so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes 1999 regarding the maximum weight that may be accommodated in such Containers. All Manure collected shall 2000 be diverted from landfilling through composting or other means and may not be collected or commingled 2001 with Garbage. 2002 12.05.11.1 Manure Cart Collection. Contractor shall provide Manure 2003 Collection Service to Commercial Customers that utilize Cart service for Manure Collection Service may be 2004 charged no more than the Maximum Service Rates as set forth in Exhibit 1. FINAL AGREEMENT Page 57 of 184 2005 12.05.11.2 Manure Bin Collection. Contractor shall provide Manure Collection 2006 Service to Commercial Customers that utilize Bin service for Manure Collection Service may be charged 2007 no more than the Maximum Service Rates as set forth in Exhibit 1. 2008 Article 13. Mixed Use Dwelling Service (MXD) 2009 13.01 MXD Collection Service. As in Section 12.01. 2010 13.02 MXD Solid Waste Collection Service. As in Section 12.03. 2011 13.03 MXD Recyclinq Service. As in Section 12.04. 2012 13.04 MXD Move In/Out Collection Service. As in Section 10.08.4. 2013 13.05 MXD Organic Waste Collection Service. As in Section 12.05. 2014 13.06 MXD Large Item Collection Services. As in Section 10.10; Contractor may charge Service 2015 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1. 2016 Article 14. City Services 2017 14.01 City Collection Conditions of Service. City Collection Services shall be governed by the 2018 following terms and conditions: 2019 14.01.1 City Collection Services. Contractor shall provide Garbage, Recycling, and 2020 Organic Waste Collection Services to all City Service Units set forth in Exhibit 3, or as City may designate 2021 in the future (and where applicable, subject to the conditions in this Section), where the Containers are not 2022 blocked and are accessible by Contractor's Collection Vehicles. 2023 14.01.2 Contractor's Good Will. In exchange for the good will of the City and the general 2024 public, Contractor voluntarily agrees to provide Collection Services under this Article at no cost to the City 2025 excepting excess service as provided in this Article, and warrants that such service shall neither impact the 2026 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 2027 14.01.3 Contractor shall receive written permission from the City before placing any 2028 Collection Containers on City owned property for service, except that no such permission shall be needed 2029 to place Collection Containers at locations specified for such Containers in Exhibit 3. 2030 14.01.4 Contractor shall limit the number of trips and the path of travel for Collection 2031 Vehicles in City parking lots. 2032 14.01.5 Container Service. City Facilities shall be provided Collection Services generally 2033 subject to the same terms and conditions as similar Service Units with regard to Container specifications, 2034 repair, replacement, cleanings, and exchange; provided the City shall not be charged for any requests for 2035 such services. FINAL AGREEMENT Page 58 of 184 2036 14.01.E Frequency of Service. The frequency of collection may be designated by the City, 2037 but not to exceed six (6) times per week per container. City may change the City Service Units receiving 2038 service, and the container volume and Collection frequency provided to any City Service Unit, by written 2039 notice to Contractor. 2040 14.02 City Clean -Up Services. 2041 14.02.1 City's Enforcement Clean -Up Services. Within one (1) Work Day of a request from 2042 the Agreement Administrator, Contractor shall provide Roll -off Containers to support City's Enforcement 2043 Clean -Up Services in the Service Area. City shall be responsible for loading or arranging for loading of each 2044 Roll -off Container. Contractor shall collect, transport and deliver City Code Enforcement Clean -Up Services 2045 Garbage, Recyclable Material, and Organic Waste to a Disposal Facility, the Materials Recovery Facility, 2046 or Organics Processing Facility, as appropriate given the characteristics of the load. Contractor shall deliver, 2047 and collect, transport and process the City's Enforcement Clean -Up Services waste from up to sixty (60) 2048 Roll -off Containers each Agreement Year at no charge to the City. Contractor shall be entitled to charge 2049 the City for collected materials exceeding sixty (60) collections per Agreement Year in accordance with the 2050 Service Recipient Rates as set forth in Exhibit 1. 2051 14.02.2 Abandoned Waste/Illegal Dumping Reporting. When conducting service within the 2052 City, Contractor shall direct its Collection Vehicle drivers to report to Contractor sightings of illegal dumping 2053 of Waste by recording: (i) the addresses of any Service Area where Garbage, Recyclable Material, and/or 2054 Organics Waste is accumulating; and (ii) the address, or other location description at which Garbage, 2055 Recyclable Material, and/or Organics Waste has been dumped. Contractor shall report to the City sightings 2056 and the recorded address within three (3) Work Days. 2057 14.02.3 Abandoned Waste/Illegal Dumping Clean-up. At City's direction, Contractor shall 2058 collect, transport and process dumped items based on high volume sites throughout City and specific 2059 customer complaints, at no additional charge to City. At all times possible, Contractor will manage requests 2060 through the City's Resident Service Center (RSC) system or any other reporting system utilized. 2061 14.03 City -Sponsored Events Service. Upon request by the City, Contractor shall provide 2062 Containers and Collection Services at City -Sponsored Events upon request, including but not limited to those 2063 specified in Exhibit 2, at no cost to the City. 2064 14.04 Large Item Collection Service. Contractor shall collect Large Items, including E-Waste and 2065 Universal Waste, from City Services Units as listed on Exhibit 3 on an on -call basis on the same terms and 2066 conditions as are provided to SFD Service Units per Section 10.10 at rates specified in Exhibit 1. 2067 Article 15. Additional Services 2068 15.01 Large Item Drop-off. Service Recipients may drop-off household Bulky Items, generated at 2069 their own Residential Premises, excluding Construction and Demolition Debris, at the Contractor's 2070 designated site within the City between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday and 2071 between 8:OOa.m. and 12:00 p.m., one Saturday per month. Contractor shall not charge Service Recipients FINAL AGREEMENT Page 59 of 184 2072 for accepting, processing, or Disposing of Bulky Items so delivered. Contractor shall handle all Organic 2073 Waste, Recyclable Materials, and electronic waste so deposited at its facility in accordance with all 2074 Applicable Laws and regulations. Proof of service address and identification will be required to utilize this 2075 service. 2076 15.02 Neighborhood Clean -Up Events. Contractor shall provide Collection Services at 2077 Neighborhood Clean -Up Events at a maximum of twelve (12) per year upon request by City. Each event 2078 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 2079 and shall be limited to SFD, MFD, and MXD Service Recipients within the City. Contractor shall provide a 2080 maximum of three (3) 40-yard Roll -off Containers per event. The Agreement Administrator shall notify 2081 Contractor in writing or e-mail not less than eight (8) weeks prior to the date of the Neighborhood Clean -Up 2082 Event. The services shall be provided in a manner that meets all needs of the Neighborhood Clean -Up 2083 Event. The events must not occur during the week prior, the week of, or the week after a Holiday. The events 2084 shall be conducted by Contractor at no cost of any kind to the City. Contractor shall provide staffing to support 2085 City management at all times during the Clean -Up Days Events. 2086 15.02.1 Contractor shall prepare and distribute to SFD, MFD, and MXD Residential Service 2087 Recipients Neighborhood Clean -Up Event notices no later than six (6) weeks prior to each event. At a 2088 minimum, the dates and hours of operation, locations of the collection sites, and acceptable materials for 2089 collection shall be included in the notices. Contractor may separately mail electronically transmit the notices 2090 or provide the notices as billing inserts to each SFD, MFD, and MXD Residential Service Recipient. 2091 Contractor shall provide Spanish -translated notices upon request by the City. The costs of production, 2092 printing, mailing and all associated costs for the notices shall be borne by Contractor. Contractor shall also 2093 provide their information in digital format to the City. 2094 15.03 Mulch or Compost Delivery. At no cost to the City, Contractor must assist City in arranging 2095 for produced compost/mulch, or other recovered organic waste products to comply with SB 1383 2096 procurement requirements to be delivered in qualities, quantities, locations and times agreed on between 2097 City and Contractor. Such Contractor assistance can be in the form of backhauling materials or setting aside 2098 locations for Service Recipients to pick up produced compost/mulch at an approved facility. Contractor 2099 agrees to provide up to 7,700 cubic yards of compost or mulch to the City annually. 2100 15.04 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2101 the City's Edible Food Recovery program as required under SB 1383. Contractor support may include 2102 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2103 providing lists of food recovery organizations, and coordinating with Agreement Administrator. 2104 15.05 Free Paper Shredding Events. Up to four (4) times per year, at no additional cost to City or 2105 its residents, Contractor will conduct a free paper shredding event at a location as determined by the City. 2106 At each event, all City residents will be permitted to deliver an unlimited amount of paper for shredding free 2107 of charge by Contractor. Contractor must arrange for all shredded paper generated by each event to be 2108 processed in such a manner so as to ensure the diversion of this material from landfilling. FINAL AGREEMENT Page 60 of 184 2109 Article 16. Collection Routes 2110 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2111 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2112 16.02 Initial Route Changes. Contractor agrees not to change any Residential Collection Services 2113 routes in effect as of the Effective Date of this Agreement prior to July 1, 2024, with the exception of limited 2114 route changes that may be necessary for new development, and subject to review and approval by the City. 2115 After July 1, 2024, if any re-routing of Residential Collection services is necessary for collection efficiency, 2116 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than 2117 sixty (60) calendar days prior to the proposed date of implementation. Any such initial routing change may 2118 not affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and 2119 approval. 2120 16.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2121 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2122 implementation. Contractor may not implement any route changes without the prior review of the Agreement 2123 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify 2124 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date 2125 of implementation. 2126 16.04 Collection Route Audits. City reserves the right to conduct audits of Contractor's Collection 2127 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2128 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits. 2129 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of 2130 any person designated by the Agreement Administrator to conduct such audits. 2131 Article 17. Minimum Performance and Diversion Standards 2132 17.01 Agreement Extension. In order to receive the Agreement term extension, offer set forth in 2133 Section 2.02 of this Agreement, Contractor must meet or exceed the following annual minimum performance 2134 and diversion standards in each Calendar Year beginning January 2024, unless otherwise approved by City 2135 Council. 2136 17.01.1 Performance Standards. Assessment of penalties and charges, as set forth in 2137 Exhibit 6 of this Agreement, totaling less than $50,001 in any one (1) Calendar Year. 2138 17.01.2 Minimum Diversion Standards. Contractor must meet the requirements set forth in 2139 Article 8. 2140 17.01.3 No Current Default. Contractor is not currently in default of the Agreement. 2141 17.02 Billing Audit and Performance Reviews. FINAL AGREEMENT Page 61 of 184 2142 17.02.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2143 to determine that the amount which the Contractor is billing each Customer is correct with regard to the 2144 level of service (i.e., frequency of collection, size of container, location of container) at the rates approved 2145 by City Council resolution. The Contractor shall review Customer accounts not less than annually and 2146 provide a written certification to the City that all such billing is correct. The documentation of the review, as 2147 well as verification that any errors have been corrected should be provided to the City annually. 2148 17.02.2 Selection and Cost. City may conduct billing audit and performance reviews 2149 (together, "reviews") of Contractor's performance during the term of this Agreement, as provided herein. 2150 The reviews will be performed by the City or a qualified firm under contract to City. City will have the final 2151 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the 2152 Agreement. City and Contractor agree to each pay fifty -percent (50%) of the cost of the audits and 2153 performance reviews provided for under Section 17.02. 2154 17.02.2.1 Full Reviews During Initial Term. City may conduct two (2) full 2155 reviews with costs apportioned as stated in Section 17.02.2 during the Initial Term of this Agreement. The 2156 purpose of these full reviews will be as described in Section 17.02.3 below. 2157 17.02.2.2 Full Review During Extension Period. In the event that Contractor 2158 is granted an extension to the term of this Agreement as described in Section 2.02, City may conduct one 2159 (1) additional full review during each of the five (5) year extension periods. The purpose of this full review 2160 is described in Section 17.02.3. For each of these full review costs will be apportioned as stated in Section 2161 17.02.2. 2162 17.02.3 Purpose. The reviews will be designed to verify that customer billing rates have 2163 been properly calculated and they correspond to the level of service received by the customer, verify that 2164 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this 2165 Agreement have been properly calculated and paid to City, verify Contractor's compliance with the reporting 2166 requirements and performance standards of this Agreement, verify the diversion percentages reported by 2167 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize 2168 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2169 documents, on -site and field observations, and interviews. City (or its designated consultant) will review 2170 and document the items in the Agreement that require Contractor to meet specific performance standards, 2171 submit information or reports, perform additional services, or document operating procedures, that can be 2172 objectively evaluated. This information will be documented and be formatted in a "compliance checklist" 2173 with supporting documentation and findings tracked for each of the identified items. The review will 2174 specifically include a determination of Contractor's compliance with the diversion requirements of Article 8, 2175 and the public outreach and education requirements of Article 20. City (or its designated consultant) may 2176 review the customer service functions and structure utilized by Contractor. This may include Contractor's 2177 protocol for addressing customer complaints and service interruption procedures. Complaint logs may be 2178 reviewed, along with procedures and systems for tracking and addressing complaints. On -site and field 2179 observations by City (or its designated consultant) may include, but are not necessarily limited to: FINAL AGREEMENT Page 62 of 184 2180 17.02.3.1 Interviews and discussions with Contractor's administration and 2181 management personnel; 2182 17.02.3.2 Review and observation of Contractor's customer service functions 2183 and structure; 2184 17.02.3.3 Review of public education and outreach materials; 2185 17.02.3.4 Interviews and discussions with Contractor's financial and accounting 2186 personnel; 2187 17.02.3.5 Interviews with route dispatchers, field supervisors and managers; 2188 17.02.3.6 Interviews with route drivers; 2189 17.02.3.7 Interviews with vehicle maintenance staff and observation of 2190 maintenance practices; and 2191 17.02.3.8 Review of on -route Collection Services, including observation of driver 2192 performance and collection productivity and visual inspection of 2193 residential routes before and after collection to evaluate cart 2194 placement and cleanliness of streets. 2195 17.02.4 Contractor's Cooperation. Contractor shall cooperate fully with the review and 2196 provide all requested data, including operational data, financial data of the type described in Section 2197 17.01.1, and other data reasonably requested by City within fifteen (15) Work Days of the request. 2198 17.02.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2199 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of 2200 this Agreement and such non-compliance is material, Contractor is subject to administrative fees and 2201 penalties as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus 2202 any underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit 2203 and Performance Review beyond the two (2) specified in Section 17.02.2, to ensure that Contractor has 2204 cured any such area of non-compliance. Contractor will be responsible for the cost of any such Additional 2205 Billing Audit and Performance Review for a maximum cost of One -hundred Twenty Thousand Dollars 2206 ($120,000) (starting on July 1, 2024 and each January 1 st thereafter, with the maximum cost for the review 2207 adjusted annually by the change in the CPI). For the purposes of a determination of non-compliance under 2208 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed 2209 material. 2210 17.02.E City Requested Program Review. City reserves the right to require Contractor to 2211 periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs, 2212 provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor 2213 and without interfering with Contractor's operations. Such reviews could assess one or more of the following 2214 performance indicators: average volume of Recyclable Materials per setout per customer, average volume FINAL AGREEMENT Page 63 of 184 2215 of Organic Waste per setout per customer, participation level, contamination levels, etc. Prior to the program 2216 evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the 2217 method, scope, and data to be provided by Contractor. 2218 17.03 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2219 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2220 investigate customer participation levels and setout volumes and/or evaluate and monitor program results 2221 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that 2222 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2223 Contractor's operations. 2224 Article 18. Collection Equipment 2225 18.01 General Provisions. All equipment used by Contractor in the performance of services under 2226 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2227 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must 2228 be designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers 2229 must be closed on top and on all sides with screening material to prevent collected materials from leaking, 2230 blowing or falling from the vehicles. All trucks and containers must be watertight and must be operated so 2231 that liquids do not spill during Collection or in transit. 2232 18.02 Large Items. Vehicles used for Collection of Large Items may not use compactor 2233 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2234 gases from pressurized appliances. 2235 18.03 Collection Vehicles. Contractor must use new Collection Vehicles as of the 2236 Commencement date and may not use any Collection Vehicle that is more than ten (10) years old during 2237 the term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2238 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as 2239 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon ("alternative") fuel, 2240 which must be renewable natural gas, LNG, CNG, or electric unless otherwise authorized by the City. If 2241 during the term of the Franchise Agreement, new technologies are available such as hybrid or electric 2242 powered collection vehicles, the City or the Contractor may request/negotiate implementation of such new 2243 collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or 2244 savings. During the Term, to the extent required by law, Contractor shall provide its Collection Vehicles to 2245 be in full compliance with all Applicable Laws, including State and Federal clean air requirements that are 2246 adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy 2247 Duty Engine Standards as currently proposed to be contained in California Code of Regulations, title 13, 2248 sections 2020 et seq., the Federal EPA's Highway Diesel Fuel Sulfur regulations and all other applicable air 2249 pollution control laws. 2250 18.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS 2251 tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. 2252 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary FINAL AGREEMENT Page 64 of 184 2253 for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection 2254 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, 2255 to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must 2256 be accessible by City. 2257 18.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use 2258 any Collection Vehicle in violation of weight limitations in Applicable Law. The Contractor may exceed the 2259 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2260 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2261 must report all instances of overweight vehicles to City as part of its quarterly Franchise Fee submittal 2262 described in Section 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor 2263 may be assessed administrative charges as specified in Exhibit 6 as a result of exceeding an overweight 2264 vehicle rate of five percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight 2265 vehicle rate will be calculated as the total number of overweight Collection Vehicle instances during the 2266 Calendar Year, divided by the total number of Collection Vehicle loads transported during the Calendar Year. 2267 Prior to collecting administrative charges for overweight vehicles, the City shall afford Contractor a 2268 reasonable opportunity to provide the Agreement Administrator documentation of the extraordinary 2269 circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case 2270 include, but may be limited to, heavy rains or high winds that caused excess Green Waste to be generated, 2271 rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to 2272 extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor's 2273 documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the 2274 charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2275 anticipated, or in response to and actual, emergency event. 2276 18.06 Registration; Inspection. All vehicles used by Contractor in providing Collection Services 2277 under this Agreement, except those vehicles used solely on Contractor's premises, are to be registered with 2278 the California Department of Motor Vehicles. In addition, each such vehicle must be inspected by the 2279 California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of a request from 2280 the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and any 2281 safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2282 sections 34500 and following, as well as the biennial "BIT" inspections conducted by the California Highway 2283 Patrol. 2284 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2285 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and 2286 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2287 Code, as may be amended from time to time. 2288 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2289 repetition and must have Contractor's name, Contractor's customer service telephone number, and the 2290 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2291 the rear of each vehicle. All Collection Vehicles shall display the words "Servicing the City of Santa Clarita" 2292 in letters no less than two inches (2") high and the City Seal. No advertising is permitted other than the name FINAL AGREEMENT Page 65 of 184 2293 of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable 2294 Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of 2295 the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractor's Collection 2296 Vehicles and may require such promotion to be utilized from time to time in order to encourage correct 2297 recycling, reduce contamination, and provide relevant education. Contractor must repaint all vehicles 2298 (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a 2299 positive public image as reasonably determined by the Agreement Administrator, but not less often than 2300 once every five years beginning July 1, 2023. 2301 18.09 Bin and Roll -off Signage, Painting, and Cleaning. All metal bins and Roll -offs of any service 2302 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll -offs must 2303 display Contractor's name, Contractor's customer service telephone number, and the number of the Bin or 2304 Roll -off and must be kept in a clean and sanitary condition. Bins and Roll -offs should be free of dents and 2305 graffiti and newly painted at the start of this Agreement, and painted as needed to maintain an orderly 2306 appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins 2307 and Roll -offs may be subject to periodic, unscheduled inspections by City and determination as to sanitary 2308 condition will be made by City. 2309 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2310 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2311 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2312 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 2313 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2314 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2315 and reports available for inspection upon request by the Agreement Administrator. Subject to State of 2316 California implementation. 2317 18.10.1 No later than July 1, 2023, Contractor must submit to the Agreement Administrator 2318 verification that each of the Contractor's Collection Vehicles has passed the California Heavy Duty Vehicle 2319 Inspection. Thereafter, Contractor must cause each vehicle in Contractor's Collection fleet to be tested 2320 annually in the California Heavy Duty Inspection Program and must, upon request, submit written 2321 verification to City within ten (10) Work Days of the completion of such test. Contractor may not use any 2322 vehicle that does not pass such inspection. Subject to State of California implementation. 2323 18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean 2324 condition and in good repair at all times. All parts and systems of the Collection equipment must operate 2325 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 2326 at least once a week. 2327 18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2328 The log must at all times be accessible to City by physical inspection upon request of Agreement 2329 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date 2330 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any 2331 additional maintenance, and description of additional maintenance performed. FINAL AGREEMENT Page 66 of 184 2332 18.13 Equipment Inventory. On or before July 1, 2023 Contractor shall provide to City an 2333 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2334 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2335 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of 2336 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2337 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement 2338 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request 2339 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 2340 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 2341 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement. 2342 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2343 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2344 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2345 contractual duties. 2346 Article 19. Contractor's Office 2347 19.01 Contractor's Office. Contractor shall maintain an office in the City of Santa Clarita, 2348 California. Such office must be equipped with enough telephones that all Collection Service -related calls 2349 received during normal business hours are answered by an employee within five (5) rings. The office must 2350 have responsible persons in charge during Collection hours and must be open during such normal business 2351 hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday and Saturday during Collection Service hours. 2352 Contractor must provide either a local ortoll-free telephone number that connects to the call center described 2353 in Section 19.02, and a telephone answering service or mechanical device to receive Service Recipient 2354 inquiries during those times when the office is closed. Calls received after normal business hours must be 2355 addressed the next Work Day morning. 2356 19.02 Customer Service Call Center. Contractor must maintain a local Customer Service call 2357 center in the City of Santa Clarita. Such office must be equipped with enough telephones that all customer 2358 service -related calls received during normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through 2359 Friday and Saturday during Collection Service hours, are answered by an employee within five (5) rings 2360 19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2361 emergency phone number where the Contractor can be reached outside of the required office hours. 2362 19.04 Multilingual/TDD Service. Contractor must at all times maintain the capability of responding 2363 to telephone calls in English and such other languages as City may direct. Contractor must at all times 2364 maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf 2365 (TDD) Services. 2366 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2367 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record 2368 all calls including any inquiries, service requests and complaints into a customer service log. FINAL AGREEMENT Page 67 of 184 2369 19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2370 Any call "on -hold" in excess of 1.5 minutes must have the option to remain "on -hold" or request a "call-back" 2371 from a customer service representative. Contractor's customer service representatives must return Service 2372 Recipient calls. For all messages left before 3:00 p.m., all "call backs" must be attempted a minimum of one 2373 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 2374 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2375 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2376 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service 2377 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the 2378 Contractor has attempted to return the call. 2379 Article 20. Contractor Support Services 2380 20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two 2381 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct 2382 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2383 requirements and to meet State mandates associated with AB 939, AB 341, AB 1826, AB 827, AB 1594, SB 2384 1016, and SB 1383, and all amendments and related subsequent legislation. The Sustainability/Compliance 2385 Representatives shall be available as needed to meet with the City and conduct site visits to implement 2386 Recycling and Organics programs in the Service Area at least four days a week throughout the year. City 2387 may request monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling 2388 programs, Billing or Service Recipient service issues, and day to day operations. City and Contractor agree 2389 to meet and confer to reevaluate the ongoing need for two dedicated full-time Sustainability/Compliance 2390 Representatives on or around July 1, 2025 (two years from the Commencement Date). 2391 20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit 2392 and implement an annual (Calendar Year) Sustainability and Compliance Plan ("Plan"), which will guide 2393 Contractor's staffs' work efforts. This Plan will include measures to meet diversion targets, increase 2394 diversion, and increase participation of Service Recipients in recycling and organics diversion programs, and 2395 should target certain Recyclable Materials or "problem" areas, including recycling and organics sorting and 2396 contamination, within Contractor's Service Area where improvements can be maximized. Planned outreach 2397 and education services, and outreach materials should be included as part of the Plan and updated annually. 2398 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the 2399 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education 2400 services throughout the term of this Agreement by providing outreach materials to Service Recipients 2401 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to 2402 the Commencement Date and by August 1 st each year thereafter for the term of the Agreement. City review 2403 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final 2404 Plan to City by April 1, 2023 for first year and thence by November 1st each year thereafter for the term of 2405 the Agreement. Contractor's Plan is provided in Exhibit 10. Contractor will be required to expend at least 2406 seventy-five thousand dollars ($75,000) per year (as adjusted annually by the CPI Adjustment), for the 2407 development of the Plan and its implementation, which may not include personnel costs associated with the FINAL AGREEMENT Page 68 of 184 2408 Sustainability/Compliance Representative. The Sustainability and Compliance Plan must include the 2409 following: 2410 20.02.1 City -Specific Website. Contractor shall maintain a City -specific website that fully 2411 explains the Contractor's current services and rates, the diversion options available, and allows Service 2412 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and 2413 promote the use of the available Recyclable Materials and Organics services. Contractor's local website 2414 must provide information specific to the City's programs. Contractor will ensure that information provided 2415 on the website is maintained and up-to-date. Content will include proper container set out, educational 2416 materials, newsletters and program descriptions. 2417 20.02.2 Recyclingi Resources. Contractor shall maintain accurate list of recyclable 2418 materials on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, 2419 collaborate, and coordinate its recycling outreach and educational materials and activities with the City and 2420 incorporate the City's input on the Contractor's recycling resources and programs. 2421 20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to 2422 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational 2423 information should include brochures, school resources such as recycling curriculums, kid's activity flyers, 2424 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational 2425 material, and conduct onsite outreach annually to all school campuses in the franchise area that are 2426 serviced by the Contractor. Materials must be approved by City before distribution. Examples include: 2427 Recyclable Materials list, Recycling tips, battery and bulb education, Food Waste collection and donation, 2428 and HHW education. Educational material shall be distributed to campuses by mail and/or in person on or 2429 before September 30th annually, and site visits must be completed by November 30tn 2430 20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling 2431 (MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not 2432 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate 2433 method for Diverting Organic Waste, in conformance with SB 1383 and AB 1826. These notices shall also 2434 notify businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before 2435 the last day of the month following the end of the quarter. 2436 20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial 2437 Recycling (MCR) compliance notices quarterly to all eligible Commercial entities and MFD's that do not 2438 subscribe to recycling collection service with the Contractor, and/or do not provide an alternate method for 2439 diverting recyclable materials, in conformance with AB 341. These notices shall also notify businesses of 2440 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the 2441 month following the end of the quarter. 2442 20.02.E MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial 2443 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2444 businesses that subscribe to Organics Collection Service and every year for businesses that do not FINAL AGREEMENT Page 69 of 184 2445 subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall 2446 conduct visits on or before June 30tn 2447 20.02.7 MCR Site Visits. Contractor shall conduct site visits to all eligible Commercial 2448 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2449 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe 2450 to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30tn 2451 20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for 2452 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers 2453 on how to improve overall resource efficiency. 2454 20.02.9 Compliance Reporting. Contractor shall report contaminations and overage 2455 issues via the City's Waste Reporting System. 2456 20.02.10 Right -sizing Containers. Contractor must right -size Collection Containers 2457 to maximize diversion from SFD, MFD, MXD and Commercial Service Recipients. 2458 20.02.11 Education and Outreach Materials. Contractor must implement public 2459 education and outreach in conformance with applicable laws (e.g., SB 1383, AB 1826, AB 827, AB 939, AB 2460 341, AB 1594, etc.) and in coordination with the City. Contractor shall attend public events and host booths 2461 to promote recycling education and awareness. Contractor will work with City to identify which special 2462 events will be attended. Contractor, together with City, shall work with local media to ensure information on 2463 new programs, events, recycling, organics etc. is communicated to the community. Contractor shall use a 2464 variety of options such as local paper, news, websites, social media, Homeowners Associations, schools 2465 and civic groups to distribute information and education about City solid waste and recycling programs, and 2466 events. Contractor shall distribute educational material to Service Recipients a minimum of once a quarter 2467 by mail or electronically. These materials should include tips on recycling properly, use of organics 2468 containers, composting, battery and electronics education, prevention of contamination issues, proper 2469 Collection Container placement, resource information, and HHW education. 2470 20.02.12 Service Recipient Personnel Training. Contractor shall advise and 2471 educate appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial 2472 Service Units on methods and recommendations to increase recycling and decrease landfilling including 2473 best practices for recycling, waste reduction and availability and use of in-house recycling containers. 2474 20.02.13 Available Services Notice and Information. At least annually Contractor 2475 must publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range 2476 of services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, 2477 (ii) procedures for setting out materials, (iii) the days when Garbage Collection Services, Recycling 2478 Services, and Organic Waste Collection Services will be provided, (iv) Contractor's local customer service 2479 phone number, (v) instructions on the proper filling of Containers, (vi) instructions as to what materials may 2480 or may not be placed in Recyclable Materials or Organic Waste Containers, (vii) how to select Container 2481 sizes to maximize diversion, (viii) participation in Recycling and Organic Waste programs, (ix) the fees for FINAL AGREEMENT Page 70 of 184 2482 overage and Contamination in the event of non-compliance, (x) the availability of on -premises Collection 2483 Services, including the availability of no -charge on -premises Collection Services for qualified persons, (xi) 2484 Large Items Collection Services, (xii) the dates and locations of Neighborhood Cleanup days, and (xiii) the 2485 dates and locations of Free Large Item Drop-off days. The notice must be provided in English, and other 2486 languages as directed by the City, and must be distributed by Contractor no later than February 1 st of each 2487 year. 2488 20.02.14 Approach to Meeting City's Diversion Requirements. Contractor must 2489 document approach to meeting City's diversion requirements by specific diversion program type (SFD, 2490 MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific 2491 and public education programs. This must include an implementation schedule showing the specific 2492 programs and tasks, milestones, and time frames for meeting the diversion requirements. 2493 20.02.15 Tonnage Table. Contractor must provide as part of the Plan, a tonnage 2494 table segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for 2495 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for 2496 each calendar year of the Franchise Agreement. 2497 20.02.16 Environmental Stewardship. Contractor must describe all environmental 2498 management policies and activities related to the solid waste collection service, including the use of 2499 alternative fuel vehicles, reduction of air emissions and wear and tear on the City's streets, use of recycled 2500 products throughout operations, internal waste reduction and reuse protocol, water and resource 2501 conservation activities within facilities (design, construction and operation), compliance with laws governing 2502 e-waste, HHW, and u-waste, and use of non -toxic products when possible. 2503 20.03 News Media Relations. Contractor will work with local media to ensure information is 2504 communicated to community (new programs, events, recycling information, etc.). Contractor to use options, 2505 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the 2506 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services 2507 covered under this Franchise Agreement within one (1) Work Day of Contractor's receipt of the request. 2508 When practicable, before responding to any inquiries involving controversial issues or any issues likely to 2509 affect participation or customer's perception of services, Contractor will discuss Contractor's proposed 2510 response with the City Agreement Administrator. 2511 20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2512 and/or Organic Waste programs by identifying "recycling all-stars" for recognition at a City Council meeting 2513 during each November, beginning November 2024. 2514 20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or 2515 phone of all requests for news media interviews related to the services covered under this Agreement within 2516 one (1) Work Day of Contractor's receipt of the request. When practicable, before responding to any inquiries 2517 involving controversial issues or any issues likely to affect participation or Service Recipient's perception of 2518 services, Contractor will discuss Contractor's proposed response with the Agreement Administrator. FINAL AGREEMENT Page 71 of 184 2519 20.05.1 Copies of draft news releases or proposed trade journal articles that use the name 2520 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2521 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2522 required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, 2523 in which case Contractor must submit such materials to City simultaneously with Contractor's submittal to 2524 such regulatory agency. 2525 20.05.2 Copies of articles resulting from media interviews or news releases that use the 2526 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2527 after publication. 2528 20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics 2529 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers 2530 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12). 2531 20.07 Mulch or Compost Delivery. At no cost to the City, Contractor must provide City with mulch 2532 or compost materials (i.e., "Recovered Organic Materials") at a volume to allow the City to comply with SB 2533 1383. Contractor must deliver mulch or compost materials at a time and location mutually agreeable between 2534 the City and Contractor. Delivered mulch or compost can be in bulk form or bagged. 2535 20.08 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2536 the City's Edible Food Recovery program as required under SB 1383. Contractor support may include 2537 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2538 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2539 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting 2540 site visits, and distributing materials. 2541 20.09 Programs and Services. Contractor must provide additional educational and outreach 2542 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2543 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2544 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2545 other vendors or contractors to provide the requested service. 2546 20.10 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5, 2547 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8 2548 that present the specific collection and processing programs that will be implemented in the City. 2549 Article 21. Emergency Service 2550 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2551 natural disaster, or other such event, the Agreement Administrator may grant the Contractor a variance from 2552 regular routes and schedules, which will not be withheld unreasonably. As soon as practicable after such 2553 event, Contractor must advise the Agreement Administrator when it is anticipated that normal routes and 2554 schedules can be resumed. The Agreement Administrator will make an effort through the local news media FINAL AGREEMENT Page 72 of 184 2555 to inform the public when regular services may be resumed. The clean-up from some events may require 2556 that Contractor hire additional equipment, employ additional personnel, or work existing personnel on 2557 overtime hours to clean debris resulting from the event. Contractor will receive additional compensation, 2558 above the normal compensation contained in this Agreement, to cover the costs of rental equipment, 2559 additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit 2560 1 provided Contractor has first secured written authorization and approval from City through the Agreement 2561 Administrator. City will be given equal priority and access to resources as with other franchise jurisdictions 2562 held by Contractor or its affiliates. 2563 21.02 Disaster Recovery Support. In the event of a tornado, major storm, earthquake, fire, natural 2564 disaster, or other such event, Contractor agrees to provide disaster recovery support upon request by 2565 Agreement Administrator. This may include additional hauling of debris, special handling such as wrapping 2566 waste in plastic (i.e., "burrito wrapping"), temporary storage of debris where feasible, additional disposal, use 2567 of different transfer and disposal facilities, and documentation of debris type, weight, and diversion. 2568 Contractor should follow protocol laid out in the City's Draft Disaster Debris Plan and any subsequent County 2569 or City Disaster Debris Plans, as applied to solid waste hauling and handling. 2570 Article 22. Record Keeping and Reporting Requirements 2571 22.01 Record Keeping. Notwithstanding Article 47 herein: 2572 22.01.1 Accounting Records. Contractor must maintain full, complete and separate 2573 financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Collection 2574 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such 2575 records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.02.3. Gross 2576 receipts derived from provision of the Collection Services, whether such services are performed by 2577 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2578 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period 2579 of not less than four (4) years following expiration or other termination hereof, full, complete and accurate 2580 records, including all cash, billing and disposal records, as indicated in the Agreement. 2581 22.01.1.1 City reserves the right to review audited, reviewed, or compiled 2582 financial statements prepared by an independent Certified Public Accountant, or as may be provided by 2583 Contractor or its parent company. In the event that Contractor does not maintain separate financial or 2584 accounting records prepared specifically for services provided under this Agreement, Contractor may use 2585 industry standard allocation methods to provide financial information as applicable to the service provided 2586 under this Agreement. 2587 22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2588 of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this 2589 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for 2590 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type, 2591 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under 2592 the terms of this Agreement FINAL AGREEMENT Page 73 of 184 2593 22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2594 provision of Collection Services, whether or not specified in this Agreement. 2595 22.01.4 Report Format. All reports to be submitted in a format approved by the City, 2596 including electronic data submission in the City's Waste Reporting System and in a format specified by the 2597 city. 2598 22.02 Quarterly Reporting. 2599 22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2600 day of the month following the end of Quarter in which the receipts are collected and must be provided 2601 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2602 closed or a holiday, then the report will be due on the next business day. Failure to submit complete 2603 quarterly reporting by the due date will result in penalties as specified in Exhibit 6. 2604 22.02.2 City Reports. Quarterly reports to City must include: 2605 22.02.2.1 Quarterly Payment Reporting. The payment report must include 2606 an accounting of Contractor's Gross Revenues received during the preceding Quarter, and the calculated 2607 Franchise Fee and Marketing and Sales of Recyclable Materials Payment. 2608 22.02.2.2 Franchised Tonnage and Service Data. Contractor must report the 2609 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City 2610 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed 2611 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste 2612 Diversion operations that are landfilled. Quantities should be broken down by SFD, MFD, MXD, 2613 Commercial, and City Service Collection Services. MXD properties must have tonnage assigned 2614 appropriately to Residential and Commercial generators. 2615 22.02.2.3 Overweight Vehicle Reporting. The quarterly report must include 2616 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2617 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2618 transported during the reported quarter. 2619 22.02.2.4 Non -Collection. The quarterly report must include a summary of 2620 each Service Unit receiving a Non -Collection Notice in the previous quarter along with a description for the 2621 Non -Collection Notice. 2622 22.02.2.5 On -hold. The quarterly report must include each Service Unit that 2623 was not billed in the previous quarter due to vacation hold, vacancy etc. 2624 22.02.2.5.1 Vacation Hold Requirements. A Service Unit can be 2625 considered under a vacation hold under the following circumstances: a) Service will be suspended for no 2626 less than 3 consecutive months and no more than 6 consecutive months, b) Service will not be suspended 2627 more than once per rolling twelve month period,c) Application is being made at least 14 days in advance of FINAL AGREEMENT Page 74 of 184 2628 the suspension start date, d) The property will remain unoccupied during the suspension and no waste will 2629 be generated on site, e) The account balance is current and will be kept current during the suspension 2630 period 2631 22.02.2.6 Collection Overage Charges. The quarterly report must include 2632 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. 2633 22.02.2.7 Contamination Reporting. To the extent required by Applicable 2634 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2635 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2636 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2637 a list of accounts where such notices occurred, and the total number of instances where Collection 2638 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20) 2639 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and 2640 the digital documentation of contamination. 2641 22.02.2.8 Service Recipient Complaint Loci. The quarterly report must 2642 include the Service Recipient call log collected from the previous quarter. 2643 22.03 Annual Reporting. 2644 22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2645 31, 2024 and each January 31 st thereafter for the previous Calendar Year. If January 31 st falls on a day that 2646 City is closed, then the report will be due on the next business day. Annual reports must be submitted 2647 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due 2648 date will result in penalties as specified in Exhibit 6. Annual reports to City must include: 2649 22.03.1.1 Financial Statements. Contractor must make available annual 2650 financial statements for review, upon request by the City, for the local operation. Statements need not be 2651 reviewed or audited statements. 2652 22.03.1.2 Annual Sustainability and Compliance Report. Contractor must 2653 complete and submit data sections within their Sustainability and Compliance Plan to document education 2654 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2655 waste audits completed, information distributed, and media used, and community events hosted. This must 2656 include public education activities undertaken during the year, including distribution of bill inserts, collection 2657 notification tags, community information and events, tours and other activities related to the provision of 2658 Collection Services, and must discuss the impact of these activities on recycling program participation and 2659 include amounts collected from SFD, MFD, MXD, Commercial, and City Service Units. The report should 2660 include a complete list of all non-exempt commercial accounts, which includes each non-exempt account's 2661 status as a "covered generator" under AB 341, AB 1826 and SB 1383, the date and status of Contractor's 2662 outreach efforts at each non-exempt account, and the current level of Recycling and Organics program 2663 participation at each non-exempt account. FINAL AGREEMENT Page 75 of 184 2664 22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic 2665 Waste Collection, processing and marketing issues or conditions (such as participation, setouts, 2666 contamination, etc.) and possible solutions, discussed separately for Residential and Commercial 2667 programs. 2668 22.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial, 2669 and City Service Units and the number of Collection Containers distributed by size and Service Unit type. 2670 22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste 2671 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications. 2672 22.03.1.6 Recycling Data. Gross tons Collected daily on average by material 2673 type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The 2674 average participation rates by quarter relative to the total number of Service Units by Service Unit type. 2675 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed 2676 including facility name and location, average cost or price received per ton and total recycling cost or 2677 revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed 2678 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service 2679 Unit type. Also provide annual totals and location for residue disposed. 2680 22.03.1.7 Organic Waste Data. Include average daily gross tons Collected 2681 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of 2682 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2683 average daily number of set -outs by route. Indicate average participation rates relative to the total number 2684 of Service Units in terms of weekly set -out counts. Indicate number of Organic Waste Collection Containers 2685 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials 2686 processed including facility name and location, average cost or price received per ton and total organics 2687 cost or revenue received forthe year. Provide totals and location for Residue Disposed. Include the number 2688 of route reviews conducted for prohibited contaminants and the number of Non -Collection Notices issued 2689 to Service Recipients. 2690 22.03.1.8 Customer Service Log. A copy of the customer service log, 2691 including a summary of the type and number of complaints and their resolution. Copies of a written record 2692 of all calls related to missed pickups and responses to such calls. 2693 22.03.1.9 Customer Service Information Sheet. A copy of Contractor's most 2694 recent Customer Service Information Sheet (i.e., customer call center "cheat sheet") for the City of Santa 2695 Clarita, or the equivalent information used by customer service representatives. 2696 22.03.1.10 Overweight Vehicle Data. A summary of all instances of 2697 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2698 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2699 Year. FINAL AGREEMENT Page 76 of 184 2700 22.03.1.11 Summary Narrative. A summary narrative of problems 2701 encountered with Collection and processing activities and actions taken. Indicate type and number of Non- 2702 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, 2703 significant changes in operation, market factors, publicity conducted, needs for publicity. Include description 2704 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. 2705 22.03.1.12 Collection Container and Vehicle Inventory. An updated complete 2706 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2707 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2708 license plate number, fuel type and vehicle make and model. 2709 22.03.1.13 Diversion Rate. Contractor must provide documentation 2710 acceptable to City in its reasonable judgment stating and supporting the Calendar Year's Franchise 2711 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and 2712 disposed from large venues and events during the reporting period will be counted towards the calculated 2713 diversion rate. 2714 22.03.1.14 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 2715 must report the total number of Commercial and MFD/MXD Service Units serviced and the number of 2716 containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic 2717 Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the 2718 following information separately for both AB 341 and AB 1826: 2719 22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD 2720 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2721 Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD Recycling 2722 Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2723 22.03.1.16 A summary of the type of follow-up outreach that was provided to 2724 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, 2725 or MXD Recycling Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2726 22.03.1.17 Contractor shall provide proof of training records for Service 2727 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2728 Discharges and stormwater pollution sources. 2729 22.04 Diversion Calculation and Data. By 5 p.m. PT on August 15, 2024 and annually thereafter 2730 during the term of this Agreement, Contractor must deliver to City, in the format specified by City, the 2731 Calendar Year's Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any 2732 tonnages Diverted and disposed from large venues and events during the reporting period will be counted 2733 towards the calculated Diversion rate. 2734 22.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2735 annual reports to CalRecycle (the "Electronic Annual Report" or EAR), including but not limited to supplying FINAL AGREEMENT Page 77 of 184 2736 required data for preparation of the reports, and completing all required data input in the Waste Reporting 2737 System. 2738 22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule 2739 to comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide 2740 assistance to City in preparing a report, including Contractor's policies and procedures related to 2741 compliance with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or 2742 Organic Waste are collected, a description of the geographic area, routes, list of addresses served and a 2743 method for tracking contamination, copies of route audits, copies of notice of contamination, copies of 2744 notices, violations, education and enforcement actions issued, and copies of educational materials, flyers, 2745 brochures, newsletters, website, and social media. 2746 22.06 Waste Characterization Audit. Contractor must conduct statistically -valid waste audits of 2747 Residential and Commercial Service Recipients' waste once annually, including Recycling, Garbage, and 2748 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03). 2749 Material types and guidance should follow CalRecycle requirements and/or recommendations. 2750 22.07 Additional Reporting. Contractor must furnish City with any additional reports as may 2751 reasonably be required, such reports to be prepared within a reasonable time following the reporting period. 2752 Article 23. Nondiscrimination 2753 23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 2754 Contractor may not discriminate against any person based on such person's race, sex, gender, gender 2755 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all 2756 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those 2757 prohibiting discrimination in employment. 2758 Article 24. Service Inquiries and Complaints 2759 24.01 Contractor's Customer Service. All service inquiries and complaints will be directed to 2760 Contractor. A representative of Contractor must be available to receive the complaints during normal 2761 business hours. Contractor is required to use the City's Resident Service Center (RSC) or any customer 2762 Relationship Management System put in place by the City in the future for handling of customer complaints 2763 received by the City for hauling, illegal dumping, and any other services under this Agreement. Contractor 2764 must participate in mandatory RSC training before using system and at least annually thereafter. Customer 2765 Service training shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, 2766 and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure 2767 that all employees present a neat appearance and conduct themselves in a courteous manner. All service 2768 complaints will be handled by Contractor in a prompt and efficient manner. RSC cases must be addressed 2769 and resolved within three (3) Work Days unless otherwise noted in 24.01.5. In the case of a dispute between 2770 Contractor and a Service Recipient, the matter will be reviewed, and a decision made by the Agreement 2771 Administrator. FINAL AGREEMENT Page 78 of 184 2772 24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 2773 and complaints in a manner prescribed by City. 2774 24.01.2 For those complaints related to missed Collections, where Containers are properly 2775 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service 2776 Unit address and Collect the missed materials before leaving the Service Area for the day. For those 2777 complaints related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will 2778 have until the end of the following Work Day to resolve the complaint. For those complaints related to repair 2779 or replacement of Collection Containers, the appropriate Sections of this Agreement will apply. 2780 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 2781 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed 2782 Collections will normally be Collected as set forth above regardless of the reason that the Collection was 2783 missed. However, in the event a Service Recipient requests missed Collection service more than two (2) 2784 times in any consecutive two (2) month period the Agreement Administrator will work with Contractor to 2785 determine an appropriate resolution to that situation. In the event Contractor believes any complaint to be 2786 without merit, Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator 2787 will investigate all disputed complaints and render a decision. 2788 24.01.4 Contractor's service and emergency telephone numbers must be accessible by a 2789 local (City) phone number or toll -free number. The service telephone number(s) must be listed in the area's 2790 telephone directories under Contractor's name in the White Pages and available through an online search 2791 and listed on the Contractor's website. 2792 24.01.5 For routine service requests generated from either the City or customers, the 2793 Contractor will address and resolve the issue within three (3) working days. More complicated requests 2794 may be extended by the City due to circumstances such as container delivery issues, data requests, or 2795 procurement difficulties. For requests that exceed the time limit to complete the Contractor is subject to 2796 Administrative Charges found in Exhibit 6. 2797 2798 Article 25. Quality of Performance of Contractor 2799 25.01 Intent. Contractor acknowledges and agrees that one of City's primary goals in entering 2800 into this Agreement is to ensure that the Collection Services are of the highest caliber, that Service Recipient 2801 satisfaction remains at the highest level, that maximum diversion levels are achieved, and that materials 2802 Collected are put to the highest and best use to the extent possible. 2803 25.02 Administrative Charcies and Penalties. Quality performance by the Contractor is of primary 2804 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed 2805 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 2806 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 2807 will necessarily suffer damages and that such damages, from the nature of the default in performance will 2808 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the FINAL AGREEMENT Page 79 of 184 2809 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 2810 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 2811 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact 2812 that: (i) substantial damage results to members of the public who are denied services or denied quality or 2813 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits 2814 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in 2815 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary 2816 terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary 2817 loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in 2818 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies 2819 are, at best, a means of future correction and not remedies which make the public whole for past breaches. 2820 25.03 Procedure for Review of Administrative Charcies. The Agreement Administrator may 2821 assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly. 2822 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written 2823 notice to Contractor ("Notice of Assessment") of the administrative charges assessed and the basis for each 2824 assessment. 2825 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 2826 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 2827 present evidence that the assessment should not be made. 2828 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 2829 City Manager as soon as reasonably possible after timely receipt of Contractor's request. 2830 25.03.3 The City Manager will review Contractor's evidence and render a decision 2831 sustaining or reversing the administrative charges as soon as reasonably possible afterthe meeting. Written 2832 notice of the decision will be provided to Contractor. 2833 25.03.4 In the event Contractor does not submit a written request for a meeting within ten 2834 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator's determination 2835 will be final. 2836 25.03.5 City's assessment or collection of administrative charges will not prevent City from 2837 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor's failure 2838 to perform the work and services in the manner set forth in this Agreement. 2839 25.04 Uncontrollable Circumstances. 2840 25.04.1 If either party is prevented from or delayed in performing its duties under this 2841 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 2842 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 2843 other natural disasters, the threat of such natural disasters, pandemics (or threat of same), quarantines, 2844 civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor FINAL AGREEMENT Page 80 of 184 2845 disturbances, acts of government or governmental restraint or other causes, whether of the kind 2846 enumerated or otherwise, that are not reasonably within the control of the affected party, then the affected 2847 party will be excused from performance hereunder during the period of such disability. 2848 25.04.2 The party claiming excuse from performance must promptly notify the other party 2849 when it learns of the existence of such cause, including the facts constituting such cause, and when such 2850 cause has terminated. 2851 25.04.3 The interruption or discontinuance of services by a party caused by circumstances 2852 outside of its control will not constitute a default under this Agreement. 2853 Article 26. Performance Bond 2854 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 2855 this Agreement, Contractor must furnish to City, and keep current, a performance bond, for the faithful 2856 performance of this Agreement and all obligations arising hereunder in an amount as follows: 2857 26.01.1 From July 1, 2023 and so long as this Agreement or any extension thereof remains 2858 in force, Contractor must maintain a performance bond in the amount of two million dollars ($2,000,000). 2859 26.01.1.1 The performance bond must be executed by a surety company 2860 licensed to do business in the State of California; having an "A-" or better rating by A. M. Best or Standard 2861 and Poor's; and included on the list of surety companies approved by the Treasurer of the United States. 2862 26.01.1.2 In the event City draws on the bond, all of City's costs of collection 2863 and enforcement of the Bond, including reasonable attorney's fees and costs, must be paid by Contractor. 2864 26.01.1.3 The Performance Bond must be renewed annually for the entire 2865 term of the Agreement and evidence must be provided to City annually. 2866 Article 27. Insurance 2867 27.01 Insurance Policies. Contractor must secure and maintain throughout the term of this 2868 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 2869 in connection with Contractor's performance of work or services under this Contract. Contractor's 2870 performance of work or services includes performance by Contractor's employees, agents, representatives 2871 and subcontractors. 2872 27.02 Minimum Scope of Insurance. Insurance coverage must be at least this broad: 2873 27.02.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive 2874 General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive 2875 General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form 2876 CG 0001), including X, C, U where applicable. FINAL AGREEMENT Page 81 of 184 2877 27.02.2 Insurance Services Office Form No.CA 0001 (Ed. 10/13) covering Automobile 2878 Liability, code 1 "any auto", or code 2 "owned autos" and endorsement CA 0025. Coverage must also 2879 include code 8, "hired autos" and code 9 "non -owned autos". 2880 27.02.3 Workers' Compensation insurance as required by the California Labor Code and 2881 Employers Liability Insurance. 2882 27.02.4 Environmental Pollution Liability Insurance. 2883 27.03 Minimum Limits of Insurance. Contractor must maintain insurance limits no less than: 2884 27.03.1 Comprehensive General Liability: $3,000,000 combined single limit per occurrence 2885 for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a 2886 general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement 2887 or the general aggregate limit must be $5,000,000. 2888 27.03.2 Automobile Liability: $10,000,000 combined single limit per accident for bodily 2889 injury and property damage 2890 27.03.3 Workers' Compensation and Employers Liability: Workers' Compensation limits as 2891 required by the California Labor Code and Employers Liability limits of $1,000,000 per accident. 2892 27.03.4 Environmental Pollution Liability: $3,000,000 per occurrence and $5,000,000 2893 aggregate, with five (5) years tail coverage. Coverage shall include bodily injury or property damage arising 2894 out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 2895 pollutants resulting from Contractor's operations. 2896 27.03.5 If Consultant maintains higher limits than the minimum shown above, the City 2897 requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any 2898 available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be 2899 available to the City. 2900 27.04 Deductibles and Self -Insured Retention. Any deductibles or self -insured retention must be 2901 declared to City's risk manager. Should City form a reasonable belief that Contractor may be unable to pay 2902 any deductibles or self -insured retentions, Contractor must procure a bond guaranteeing payment of losses 2903 and related investigations, claim administration and defense expenses in an amount specified by City's risk 2904 manager. 2905 27.05 Endorsements. The policies are to contain, or be endorsed to contain, the following 2906 provisions: 2907 27.05.1 General Liability, Automobile and Environmental Liability Coverage. 2908 27.05.1.1 City, its officers, employees, agents and contractors are to be 2909 covered as additional insureds as respects: Liability arising out of activities performed by, or on behalf of, FINAL AGREEMENT Page 82 of 184 2910 Contractor; products and completed operations of Contractor; premises owned, leased or used by 2911 Contractor; and automobiles owned, leased, hired or borrowed by Contractor. The coverage must contain 2912 no special limitations on the scope of protection afforded to City, its officers, employees, agents and 2913 contractors. 2914 27.05.1.2 Contractor's insurance coverage must be primary insurance as 2915 respects City, its officers, employees, agents and contractors. Any insurance, or self-insurance maintained 2916 by City, its officers, employees, agents or contractors will be in excess of Contractor's insurance and will 2917 not contribute with it. 2918 27.05.1.3 Any failure to comply with reporting provisions of the policies will 2919 not affect coverage provided to City, its officers, employees, agents, or contractors. 2920 27.05.1.4 Coverage must State that Contractor's insurance will apply 2921 separately to each insured against whom claim is made or suit is brought, except with respect to the limits 2922 of the insurer's liability. 2923 27.05.2 All Coverage. Each insurance policy required by this Agreement must be endorsed 2924 to State that coverage may not be canceled except after thirty (30) calendar days (ten (10) days in the event 2925 of cancellation for non-payment) prior written notice has been given to City. Moreover, Contractor will not 2926 order the cancellation of any required insurance policy or change in insurance policy limits without thirty 2927 (30) days prior written notice to City by Contractor. 2928 27.06 Acceptability of Insurers. Insurance is to be placed with insurers having an A.M. Best rating 2929 of A-/VII or better. 2930 27.07 Verification of Coverage. Contractor must furnish City with certificates of insurance and 2931 with original endorsements affecting coverage required by this Agreement. The certificates and endorsement 2932 for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its 2933 behalf. Contractor must furnish City with a new certificate of insurance and endorsements on each renewal 2934 of coverage or change of insurers. 2935 27.07.1 Proof of insurance must be mailed to the following address or any subsequent 2936 address as may be directed by the City: 2937 City of Santa Clarita Neighborhood Services Department 2938 Attn: Environmental Services Manager 2939 23920 Valencia Blvd., Suite 102 2940 Santa Clarita, CA 91355 2941 27.08 Subcontractors. Contractor must include all subcontractors performing services in the City 2942 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 2943 27.09 Modification of Insurance Requirements. The insurance requirements provided in this 2944 Agreement may be modified or waived by City's risk manager, in writing, upon the request of Contractor if FINAL AGREEMENT Page 83 of 184 2945 City's risk manager determines such modification or waiver is in the best interest of City considering all 2946 relevant factors, including exposure to City. 2947 27.10 Rights of Subrogation. All required insurance policies must preclude any underwriter's 2948 rights of recovery or subrogation against City with respect to matters related to Contractor's performance of 2949 its obligations under this Agreement, with the express intention of the parties being that the required 2950 insurance coverage protects both parties as the primary coverage for any and all losses covered by the 2951 above -described insurance. Contractor must ensure that any companies issuing insurance to cover the 2952 requirements contained in this Agreement agree that they will have no recourse against City for payment or 2953 assessments in any form on any policy of insurance. The clauses `Other Insurance Provisions' and `Insured 2954 Duties in the Event of an Occurrence, Claim or Suit' as it appears in any policy of insurance in which City is 2955 named as an additional insured will not apply to City. 2956 27.11 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 2957 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 2958 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste 2959 hauler services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement 2960 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 2961 option to terminate this Agreement immediately. 2962 Article 28. Hold Harmless and Indemnification 2963 28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected officials, 2964 officers, agents, employees, and volunteers harmless from all of Contractor's claims, demands, lawsuits, 2965 judgments, damages, losses, injuries or liability to Contractor, to Contractor's employees, to Contractor's 2966 contractors or subcontractors, or to the owners of Contractor's firm, which damages, losses, injuries or 2967 liability occur during the work or services required under this Agreement, or performance of any activity or 2968 work required under this Agreement. 2969 28.02 Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend 2970 with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers 2971 from and against all liability including, but not limited to, loss, damage, expense, cost (including without 2972 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature 2973 arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the 2974 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, 2975 except such loss or damage which is caused by the negligence or willful misconduct breach of this 2976 Agreement, or violation of law by City. Should conflict of interest principles preclude a single legal counsel 2977 from representing both City and Contractor, or should City otherwise reasonably find Contractor's legal 2978 counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation 2979 reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall 2980 promptly pay City any final judgment rendered against City (and its officers, officials, employees and 2981 volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor's 2982 negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing FINAL AGREEMENT Page 84 of 184 2983 provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and 2984 will survive termination of this Agreement. 2985 28.02.1 Contractor's obligations under this Section apply regardless of whether or not such 2986 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine 2987 or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the 2988 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold 2989 harmless City for liability attributable to the active negligence of City, provided such active negligence is 2990 determined by agreement between the parties or by findings of a court of competent jurisdiction. In 2991 instances where City is shown to have been actively negligent and where City's active negligence accounts 2992 for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion 2993 or percentage of liability not attributable to the active negligence of City. 2994 28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 2995 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 2996 City, of any insurance certificates or policies described in Article 27. 2997 28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section 2998 40059.1 and 40059.2 , which will control in the event of any conflict with the provisions of this Section, 2999 Contractor agrees to protect and defend City Indemnitees with counsel selected by Contractor and approved 3000 by City, to pay all attorneys' fees, and to indemnify and hold City Indemnitees harmless from and against all 3001 fines or penalties imposed by the California Integrated Waste Management Board if the diversion goals 3002 specified in California Public Resources Code section 41780, as it may be amended, are not met by City 3003 with respect to the Materials Collected by Contractor and if the lack in meeting such goals are attributable 3004 to the failure of Contractor to implement and operate the recycling or diversion programs or undertake the 3005 related activities required by this Agreement. In the event CalRecycle provides an administrative process to 3006 challenge the imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging 3007 any consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for 3008 the retention of and payment to any consultants engaged to perform waste generation studies (diversion 3009 and disposal). All consultants and attorneys engaged hereunder are subject to the agreement of City and 3010 Contractor. 3011 28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3012 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any 3013 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting 3014 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health & 3015 Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or 3016 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 3017 to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the Health & 3018 Safety Code to defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability 3019 under CERCLA, the Health & Safety Code or other similar Federal, State or local law or regulation. 3020 28.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the 3021 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a FINAL AGREEMENT Page 85 of 184 3022 good faith determination that the Maximum Service Rates for the Solid Waste Collection Services provided 3023 under this Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among 3024 other reasons, such services are provided by a private corporation and not by City pursuant to Article 5, 3025 Contractor independently establishes the rates for services within the limits established in this Agreement, 3026 the receipt of services is voluntary and not required of any property within City, and any owner or Service 3027 Recipient of property within City has the opportunity to avoid the services available under this Agreement 3028 either through self -hauling or use of property in such a manner that Solid Waste is not generated. 3029 Accordingly, Contractor agrees to hold harmless and release the City Indemnitees from and against any and 3030 all claims Contractor may have against the City Indemnitees resulting in any form from the Maximum Service 3031 Rates provided for under this Agreement or in connection with the application of California Constitution 3032 Article XIIIC and Article XIIID to the imposition, payment or collection of the rates under this Agreement. This 3033 Section will survive the expiration or termination of this Agreement for Claims arising prior to the expiration 3034 or termination of this Agreement. 3035 28.07 Consideration. It is specifically understood and agreed that the consideration inuring to 3036 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and 3037 responsibilities contained in this Agreement. 3038 28.08 Obligation. This Agreement obligates Contractor to comply with the foregoing 3039 indemnification and release provisions; however, the collateral obligation of providing insurance must also 3040 be complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein 3041 shall not in any way be a limitation on Contractor's indemnification and defense obligations. 3042 28.09 Subcontractors. Contractor must require all subcontractors performing work in the City to 3043 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor 3044 fully indemnifies City in accordance with this Agreement. 3045 28.10 Exception. Notwithstanding other provisions of this Agreement, Contractor's obligation to 3046 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 3047 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active 3048 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or 3049 employees. 3050 28.11 Damage by Contractor. If Contractor's employees or subcontractors cause any injury, 3051 damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3052 tear, Contractor must reimburse City for City's cost of repairing or replacing such injury, damage or loss. 3053 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3054 injury, damage or loss. With the prior written approval of City, Contractor may repair the damage at 3055 Contractor's sole cost and expense. Any injury, damage or loss to private property caused by the negligent 3056 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at 3057 Contractor's sole expense. Disputes between Contractor and its Service Recipients or private property 3058 owners as to damage to private property are civil matters and complaints of damage will be referred to 3059 Contractor as a matter within its sole responsibility and as a matter within the scope of Section 27.01 3060 [Indemnification]. FINAL AGREEMENT Page 86 of 184 3061 Article 29. Default of Agreement 3062 29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3063 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3064 this Agreement, upon the happening of any one of the following events: 3065 29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes 3066 a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a 3067 petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness 3068 under the Federal bankruptcy laws or under any other law or statute of the United States or any State 3069 thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its 3070 property; or 3071 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3072 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3073 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3074 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3075 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3076 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default 3077 will be deemed immediate; or 3078 29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule 3079 or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, 3080 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3081 such possession or control continues in effect for a period of sixty (60) calendar days; or 3082 29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3083 administrative charges or other monies due City and such default is not cured within thirty (30) calendar 3084 days of receipt of written notice by City to do so; or 3085 29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money 3086 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of 3087 receipt of written notice by City to do so; or 3088 29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied 3089 final judgment under Section 29.01.4 above is the subject of a judicial proceeding, Contractor will not be in 3090 default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or 3091 29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3092 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a 3093 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City 3094 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement 3095 Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of 3096 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied FINAL AGREEMENT Page 87 of 184 3097 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3098 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following 3099 such written notice or having so commenced fails thereafter to continue with diligence the curing thereof 3100 (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty 3101 (30) calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be 3102 cured within a reasonable period of time). However, notwithstanding anything contained herein to the 3103 contrary, for the failure of Contractor to provide Collection Services for a period of three (3) consecutive 3104 Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to provide interim 3105 Collection services until such time as the matter is resolved and Contractor is again able to perform pursuant 3106 to this Agreement; provided, however, if Contractor is unable for any reason or cause to resume 3107 performance at the end of thirty (30) calendar days all liability of City under this Agreement to Contractor 3108 will cease and this Agreement may be terminated by City. 3109 29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3110 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3111 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3112 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3113 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3114 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period 3115 to correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3116 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore, 3117 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such 3118 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such 3119 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such 3120 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual 3121 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will 3122 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must 3123 cease any further performance under this Agreement. 3124 29.03 Effective Date. In the event of any the events specified above, and except as otherwise 3125 provided in such subsections, termination will be effective upon the date specified in City's written notice to 3126 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such 3127 termination, except for payment of services rendered up to and including the date of termination, all liability 3128 of City under this Agreement to Contractor will cease, and City will have the right to call the performance 3129 bond and will be free to negotiate with other contractors for the operation of interim and long-term Collection 3130 Services. Contractor must reimburse City for all direct and indirect costs of providing any interim Collection 3131 Services as a result of Contractor's default in this Agreement. 3132 29.04 Termination Cumulative. City's right to terminate this Agreement is cumulative to any other 3133 rights and remedies provided by law or by this Agreement. 3134 29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3135 of any of the events or conditions set forth in Section 25.04 [Uncontrollable Circumstances], refuse or be 3136 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste FINAL AGREEMENT Page 88 of 184 3137 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3138 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3139 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3140 safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect 3141 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3142 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting 3143 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect 3144 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3145 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3146 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3147 expenses for such substitute services during period in which Contractor is unable to provide Collection 3148 services required by this Agreement. 3149 29.06 Survival of Certain Contractor Obligation. Notwithstanding the termination of this 3150 Agreement by Contractor or City, Contractor's obligation to indemnify, defend and hold City and City 3151 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date 3152 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not 3153 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar 3154 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance 3155 bonds and other instruments shall remain in full force and effect for one full year after termination. 3156 Article 30. Modifications to the Agreement 3157 30.01 City -Directed Change. City has the power to make changes in this Agreement to impose 3158 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3159 Collection Services as may from time -to -time be necessary and desirable for the public welfare. The size of 3160 Collection Containers specified herein for Bundled Service are designed to meet the requirements of the 3161 State's recycling mandates including AB 341, AB 1826 and SB 1383, and to be appropriate for the 3162 capabilities and capacities of available Materials Recovery Facilities and Organics Waste Processing 3163 Facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during 3164 the term of this Agreement; as such City reserves the right to redirect materials to alternate facilities and 3165 change the designated sizes of Carts and/or Bins in Bundled Services in accordance with any such changes. 3166 City will give the Contractor notice of any proposed change and an opportunity to be heard concerning those 3167 matters, and agrees to adjust Service Rates to reflect additional costs borne by Contractor. The scope and 3168 method of providing Collection Services as referenced herein will be liberally construed to include 3169 procedures, operations and obligations, financial or otherwise, of Contractor. When such modifications are 3170 made to this Agreement, City and Contractor will negotiate in good faith, a reasonable and appropriate 3171 compensation adjustment for any increase or decrease in the services or other obligations required of 3172 Contractor due to any modification in the Agreement under this Article. City and Contractor will not 3173 unreasonably withhold agreement to such compensation adjustment. Should agreement between City and 3174 Contractor on compensation adjustment not be reached within six months of the change request, or other 3175 period as agreed upon by both parties, City and Contractor agree to submit the compensation adjustment 3176 to binding arbitration as described in Section 30.02. FINAL AGREEMENT Page 89 of 184 3177 30.01.1 Change in Law. City and Contractor understand and agree that the California 3178 Legislature has the authority to make comprehensive changes in Solid Waste Collection legislation, and 3179 that these and other changes in Applicable Law in the future which mandate certain actions or programs 3180 for counties, municipalities or Contractor may require changes or modifications in some of the terms, 3181 conditions or obligations under this Agreement. Contractor agrees that the terms and provisions of the City 3182 of Santa Clarita Municipal Code, as it now exists or as it may be amended in the future (in a manner not 3183 inconsistent with this Agreement), will apply to all of the provisions of this Agreement and the Service 3184 Recipients of Contractor located within the Service Area. In the event any future change in Federal law or 3185 regulations, State or local law of regulation, or the City Code materially alters the obligations of Contractor, 3186 then the affected Maximum Service Rates, as established in Exhibit 1 of this Agreement will be adjusted in 3187 accordance with Section 6.07. Nothing contained in this Agreement will require any party to perform any 3188 act or function contrary to law. City and Contractor agree to enter into good faith negotiations regarding 3189 modifications to this Agreement which may be required in order to implement changes in the interest of the 3190 public welfare or due to Change in Law. When such modifications are made to this Agreement, City and 3191 Contractor will negotiate in good faith, a reasonable and appropriate compensation adjustment for any 3192 increase or decrease in the services or other obligations required of Contractor due to any Change in Law 3193 or modification in the Agreement under this Article. City and Contractor will not unreasonably withhold 3194 agreement to such compensation adjustment. Should agreement between City and Contractor on 3195 compensation adjustment not be reached within six months of the change request, or other period as 3196 agreed upon by both parties, City and Contractor agree to submit the compensation adjustment to binding 3197 arbitration as described in Section 30.02. 3198 30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days 3199 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3200 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3201 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3202 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one- 3203 half of the costs of the arbitrator. 3204 Article 31. Legal Representation 3205 31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3206 represented by counsel in the preparation of and contributed equally to the terms and conditions of this 3207 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing 3208 the same will not apply due to the joint contributions of both parties. 3209 Article 32. Conflict of Interest 3210 32.01 Financial Interest. Consultant is unaware of any City employee or official that has a 3211 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being 3212 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in 3213 Consultant's business by any City employee or official. FINAL AGREEMENT Page 90 of 184 3214 Article 33. Contractor's Personnel 3215 33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3216 employees of the City's two franchisees from the prior Exclusive Solid Waste Franchise Agreement. 3217 Contractors must retain these displaced employees for a period of not less than 90 days, as provided for in 3218 Chapter 4.6, Sections 1070 through 1076 of the California Labor Code. Contractor shall make information 3219 about wage rates, benefits and job classifications of employees available to the City prior to any subsequent 3220 procurement for solid waste collection. 3221 33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3222 services required under this Agreement, and shall be responsible for ensuring its employees comply with 3223 this Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3224 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3225 being employees or officials of City. City may request the transfer of any employee of Contractor who 3226 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3227 performance of their duties under this Agreement. 3228 33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3229 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3230 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar 3231 Year of this Agreement and any other time the person in that position changes. The Agreement Manager 3232 must be available to the City through the use of telecommunications equipment at all times that Contractor 3233 is providing Collection Services in the Service Area. The Contract Manager must provide City with an 3234 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3235 33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service 3236 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of 3237 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3238 annually before January 1 st of each subsequent Calendar Year of the Term, and any other time Contractor 3239 changes the employee serving in that position changes. The Service Supervisor must be physically located 3240 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3241 equipment at all times that Contractor is providing Collection Services. In the event the Service Supervisor 3242 is unavailable due to illness or vacation, Contractor must designate an substitute acceptable to the City who 3243 shall be available and shall have the authority to act in the same capacity as the Service Supervisor. 3244 33.05 Key Operations Staff. Contractor shall provide a full-time Key Operations Staff consisting 3245 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3246 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3247 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number 3248 and office address. 3249 33.06 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide 3250 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. FINAL AGREEMENT Page 91 of 184 3251 33.07 Field Personnel. Contractor's field operations personnel are required to wear a clean 3252 uniform shirt bearing Contractor's name. Contractor's employees, who normally come into direct contact with 3253 the public, including drivers, must bear some means of individual photographic identification such as a name 3254 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3255 license and all other required licenses for the type of vehicle that is being operated. 3256 33.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3257 the California Labor Code that require every employer to be insured against liability for Workers' 3258 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3259 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3260 person so that any part of this Agreement is so performed by such person would be subject to the workers' 3261 compensation laws of the State of California unless and until Contractor gives City a certificate of consent 3262 to self -insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3263 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either 3264 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3265 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3266 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation 3267 Insurance Coverage required by or for this Agreement, and all such coverage shall be endorsed with a 3268 waiver of subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3269 subcontractors. 3270 33.09 Employment & Labor Practices. Contractor shall indemnify and hold harmless City and its 3271 elected officials, officers, employees, servants, designated volunteers, and agents serving as independent 3272 contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of 3273 any nature to the extent arising from Contractor's personnel and labor practices. All duties of Contractor 3274 under this paragraph shall survive termination of this Agreement. 3275 33.10 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3276 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3277 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3278 and local licenses required for the work they are assigned to perform. Contractor shall require any 3279 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3280 to agree they are independent contractors and have no other agency relationship with City. 3281 Article 34. Exempt Waste 3282 34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such 3283 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if 3284 provided by Contractor must be in strict compliance with all Applicable Laws. 3285 Article 35. Independent Contractor 3286 35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3287 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of FINAL AGREEMENT Page 92 of 184 3288 the details of the services and work performed and over all persons performing such services and work. 3289 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors 3290 and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors or 3291 subcontractors will obtain any right to retirement benefits, Workers Compensation benefits, or any other 3292 benefits which accrued to City employees and Contractor expressly waives any claim to such benefits. 3293 35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3294 enter into a contract containing the provisions set forth in the preceding subsection in which contract the 3295 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3296 agency relationship with City. ICY4%tl Article 36. Laws to Govern 3298 36.01 The law of the State of California governs the rights, obligations, duties and liabilities of 3299 City and Contractor under this Agreement and govern the interpretation of this Agreement. 3300 Article 37. Consent to Jurisdiction 3301 37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3302 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State 3303 of California, or in the United States District Court for the Central District of California to the fullest extent 3304 permissible by law. Each party consents to service of process in any manner authorized by California law. 3305 Article 38. Assignment 3306 38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3307 made in whole or in part by Contractor without the express prior written consent of the City. City will have 3308 full discretion to approve or deny, with or without cause, any proposed or actual assignment by the 3309 Contractor. Any assignment of this Agreement made by Contractor without the express written consent of 3310 the City will be null and void and will be grounds for City to declare a default of this Agreement and 3311 immediately terminate this Agreement by giving written notice to Contractor, and upon the date of such 3312 notice Contract will be deemed immediately terminated, and upon such termination all liability of City under 3313 this Contract to Contractor will cease, and City will have the right to call the performance bond and will be 3314 free to negotiate with other contractors, for the services that are the subject of this Agreement. In the event 3315 of any assignment approved by City, the assignee must fully assume all the liabilities of Contractor by way 3316 of an assignment and assumption agreement. Notwithstanding the above, an assignment to an affiliate of 3317 Contractor may be undertaken upon notice to City, but without the requirement for its approval. For purposes 3318 of this provision, "affiliate" means any person or legal entity that, directly or indirectly, controls, is controlled 3319 by, or is under common control with Contractor. 3320 38.02 The use of a subcontractor to perform services under this Contract will not constitute 3321 delegation of Contractor's duties provided that Contractor has received prior written authorization from the 3322 Agreement Administrator to subcontract such services and the Agreement Administrator has approved a 3323 subcontractor who will perform such services. Contractor will be responsible for directing the work of FINAL AGREEMENT Page 93 of 184 3324 Contractor's subcontractors and any compensation due or payable to Contractor's subcontractor will be the 3325 sole responsibility of Contractor. The Agreement Administrator will have the right to require the removal of 3326 any approved subcontractor for reasonable cause. 3327 Article 39. Compliance with Laws 3328 39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3329 including, without limitation, the Santa Clarita Municipal Code. 3330 39.02 City shall provide written notice to Contractor of any planned amendment of the Santa 3331 Clarita Municipal Code that would substantially affect the performance of Contractor's services pursuant to 3332 this Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council's 3333 approval of such an amendment. 3334 Article 40. Permits and Licenses 3335 40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or 3336 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must 3337 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and 3338 conditions of such permits, licenses and approvals upon the request of the Agreement Administrator. 3339 40.02 The Contractor must have a valid City of Santa Clarita Business Tax Certificate throughout 3340 the term of the Franchise Agreement. 3341 Article 41. Ownership of Written Materials 3342 41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents, 3343 brochures, public education materials, and other similar written, printed, electronic or photographic materials 3344 developed by Contractor at the request of City or as required under this Agreement, and intended for public 3345 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such 3346 materials that specifically reference City for other purposes without the prior written consent of the 3347 Agreement Administrator. This Article 41 does not apply to ideas or concepts described in such materials 3348 and does not apply to the format of such materials. 3349 Article 42. Waiver 3350 42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition 3351 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any 3352 subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent 3353 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3354 not be deemed to be a waiver by City of any breach for violation of any term, covenant or condition of this 3355 Agreement. FINAL AGREEMENT Page 94 of 184 3356 Article 43. Prohibition Against Gifts 3357 43.01 Contractor represents that Contractor is familiar with City's prohibition against the 3358 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3359 designated employee any gifts prohibited by the City. 3360 Article 44. Point of Contact 3361 44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3362 Agreement Administrator. 3363 Article 45. Notices 3364 45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3365 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3366 specified and to the place for giving of notice in compliance with the provisions of this Section. For the 3367 present, the parties designate the following as the respective persons and places for giving of notice: 3368 As to the City: 3369 Environmental Services Manager, Darin Seegmiller 3370 City of Santa Clarita Neighborhood Services Department 3371 23920 Valencia Blvd. Suite 120 3372 Santa Clarita, CA 91355 3373 Telephone: 661-286-4098 3374 email: dseegmiller@santa-clarita.com 3375 As to the Contractor: 3376 Burrtec Waste Industries, Cole Burr 3377 9890 Cherry Avenue 3378 Fontana CA 92335 3379 Telephone: 909-429-4200 3380 email: cole@burrtec.com 3381 45.02 Notices will be effective when received at the address as specified above. Changes in the 3382 respective address to which such notice is to be directed may be made by written notice. 3383 45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3384 may be given to Contractor orally by telephone at Contractor's local office with confirmation sent to 3385 Contractor through the Customer Service System by the end of the Work Day. FINAL AGREEMENT Page 95 of 184 3386 Article 46. Transition to Next Contractor 3387 46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3388 Collection Services following the expiration or early termination of this Agreement, Contractor will cooperate 3389 fully with City and any subsequent contractors to assure a smooth transition of services described in this 3390 Agreement. Such cooperation will include but not be limited to transfer of computer data, files and tapes; 3391 providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing 3392 a complete inventory of all Collection Containers; providing adequate labor and equipment to complete 3393 performance of all Collection Services required under this Agreement; taking reasonable actions necessary 3394 to coordinate the transfer and/or disposal of carts and bins, as appropriate; coordinating Collection of 3395 Materials set out in new containers if new containers are provided for a subsequent Agreements and 3396 providing other reports and data required by this Agreement. 3397 Article 47. Contractor's Records 3398 47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3399 accurate financial and accounting records, pertaining to cash, billing and disposal transactions for the 3400 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3401 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3402 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3403 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3404 termination hereof or for any longer period required by law, full, complete and accurate records as indicated 3405 in the Agreement. 3406 47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3407 made available for inspection or audit for the purposes set forth in Section 17.02.3, at any time during regular 3408 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 3409 Manager, or a designated representative of any of these officers. Copies of such documents will be provided 3410 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if 3411 mutually agreed upon. 3412 47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3413 Public Records Act ("CPRA"). City acknowledges that Contractor may consider certain records, reports, or 3414 information contained therein, ("Records") which Contractor is required to provide to City under this 3415 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3416 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3417 to disclosure provided under the CPRA that legally permit non -disclosure of the Records. At such time as 3418 City receives a request for records under the CPRA or Federal Freedom of Information Act ("FOIA") or a 3419 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the 3420 request, subpoena or order and of City's obligation and intent to provide a response within ten (10) calendar 3421 days. Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the 3422 Records; or (ii) seek and obtain, at Contractor's sole cost and expense, the order of a court of competent 3423 jurisdiction staying or enjoining the disclosure of the Records. If Contractor fails to timely respond, then City 3424 may proceed to disclosure the Records in which event Contractor agrees waives and releases City of any FINAL AGREEMENT Page 96 of 184 3425 liability for the disclosure of the Records. In the event Contractor seeks a court order to stay or enjoining 3426 the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its Council, 3427 elected and appointed board or commission members, officers, employees, volunteers and agents 3428 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, 3429 action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi- 3430 judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA 3431 or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this 3432 Agreement. 3433 47.03 Where City has reason to believe that such records or documents may be lost or discarded 3434 in the event of the dissolution, disbandment or termination of Contractor's business, City may, by written 3435 request or demand of any of the above -named officers, require that custody of the records be given to City 3436 and that the records and documents be maintained in City Hall. Access to such records and documents will 3437 be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor- 3438 in -interest. 3439 Article 48. Entire Agreement 3440 48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3441 understanding between the parties, and the Agreement will not be considered modified, altered, changed or 3442 amended in any respect unless in writing and signed by the parties. 3443 Article 49. Severability 3444 49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3445 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3446 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3447 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3448 Article 50. Right to Require Performance 3449 50.01 The failure of City at any time to require performance by Contractor of any provision of this 3450 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3451 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3452 provision or as a waiver of any provision itself. 3453 Article 51. All Prior Agreements Superseded 3454 51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3455 conversations, agreements and understandings applicable to the matters contained in this Agreement and 3456 the parties agree that there are no commitments, agreements or understandings concerning the subject 3457 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3458 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3459 oral or written. FINAL AGREEMENT Page 97 of 184 3460 Article 52. Headings 3461 52.01 Headings in this document are for convenience of reference only and are not to be 3462 considered in any interpretation of this Agreement. 3463 Article 53. Exhibits 3464 53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3465 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3466 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3467 Article 54. Attorney's Fees 3468 54.01 In the event that litigation is brought by a party in connection with this Agreement, the 3469 prevailing party will be entitled to recover from the opposing party all costs and expenses, including 3470 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies 3471 under this Agreement or the enforcement of any of the terms, conditions, or provisions of this Agreement. 3472 Article 55. Effective Date 3473 55.01 This Agreement will become effective when it is properly executed by City and Contractor 3474 and Contractor will begin Collection Services under this Agreement as of July 1, 2023. 3475 FINAL AGREEMENT Page 98 of 184 3476 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3477 date(s) below each signature. 3478 3479 3480 3481 3482 3483 3484 3485 3486 3487 3488 3489 3490 3491 3492 CITY OF SANTA CLARITA A General Law City By: Title: I_VaI**I City Clerk APPROVED AS TO FORM City Attorney By: BURRTEC WASTE INDUSTRIES INC. By: Cole Burr By: President By: Tracy Burr Secretary FINAL AGREEMENT Page 99 of 184 3493 3494 3495 Exhibit 1 City Approved Service Rates Single -Family Dwelling Maximum Service Rates Service Descriptions Billing Frequency Approved Maximum Rate Standard Single -Family Automated CartService (96-Gallon Garbage, 96-Gallon Recycling, 96-Gallon Organic Waste) per month $29.87 64-Gallon Single -Family Automated Cart Service (64-Gallon Garbage, 96-Gallon Recycling, 96-Gallon Organic Waste) per month $27.05 32-Gallon Single -Family Automated Cart Service (32-Gallon Garbage, 96-Gallon Recycling, 96-Gallon Organic Waste) per month $25.48 Additional Garbage Cart per month $6.32 Additional Recycling Cart per month Nl£ Additional Organics Cart per month N1£ Restart of Service (Auto -Resume Fee) per occurrence $22.72 Cart Delivery per occurrence N1£ Cart Removal per occurrence WC Cart Exchange to Larger Cart (in excess of one per year) per occurrence $1876 Residential Cart Replacement Fee per occurrence $80.81 Senior or Low Income Discount N/A 20 organics/Recycling Contamination Fee per occurrence $66.24 Single -Family Bin Rates (requires and ihcludesa minimum of one cart for each of the rem a in i ng material es.) Billing Frequency Approved Maximum Rate 1.5- Cubic Yard Bin- serviced 11week per month $124.63 2- Cubic Yard Bin -serviced 1/week per month $141.82 3- Cubic Yard Bin - serviced 1/week per month $184.94 4- Cubic Yard Bin - serviced 1/week per month $237.24 Additional Misc. Single -Family Rates: Bill! Fmquency 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 Stinger/Scout Service - Bins per bin/per service $49.56 Locking Cart per month $17.65 Extra Trash Pickup (per cart) on scheduled pick up day per occurrence $1.07 Extra Trash Pickup (per cart) on non-scheduled pick up day per occurrence $14.14 Extra Trash Pickup (pee bin) per occurrence $52.98 Extra Bulky Item Collection (in excess of four per year) Residential (uptothree items) per occurrence $22.40 Residential (Senior) (uptothree items) per occurrence $17.92 Bin Replacement+actual cost of bin per occurrence $115.45 Additional Cart Cleanings (in excess of one per year) per occurrence $18.05 Additional Bin Cleanings (in excess of one per year) per occurrence $57.62 Return Check Fee (NSF) per occurrence $25.D0 Late Fees per month 10.0% FINAL AGREEMENT Page 100 of 184 K�11-11.1 Multi -Family Dwelling Maximum Service Rates MFQ: Multi -Family Dwelling with Individual Cart Service Rate Schedule Effective 0110112025 NOTE: All Multi -Family Dwelling Trash Rates include the equivalent volume of recycling and one 32- Gallon Organic Waste cart per 2-cubic yards of garbage as part of the Bundled Trash rates. Any increased or additional collection service request for Recycling/organic Waste/Green Waste/Foad Waste will be charged per the Multi -Family dwelling Maximum Service Rate sheet. Service Billing Frequency Collection Frequency 1/week I 2/week I 3/week 4/week 5/week 6/week Multi -Family Garbage 32-Gallo-n Cart per month $ 37.22 $ 72.65 $ 108.09 $ 143.17 $ 178.23 $ 21334 64-Gallon Cart per month $ 43.57 $ 95.37 $ 127.16 $ 168.59 $ 210.01 $ 251A6 96-Gallon Cart per month $ 49.93 $ 99.10 $ 146.25 $ 194.05 $ 241.85 $ 289.66 1 / 1.5 CY Bin per month $ 120.63 $ 237AS $ 355.08 $ 471.60 $ 588.14 $ 704.69 2 CY Bon per month $ 141.82 $ 290.27 $ 418.72 $ 556A5 $ 694.21 $ 931.95 3 CY Bin per month $ 184.94 $ 365.82 $ 546.65 $ 725.72 $ 906.77 $ 1,086.84 4 CY Bin per month $ 237.24 $ 469.621 $ 701.97 $ 93.3.35 $ 1,1&4.771 $ 1,395.14 6 CY Bin per month $ 334.29 $ 662.29 $ 990.31 $1,317.09 $ 1,643,85 $ 1,970.61 2 CY Compactor per month $ 19OA2 $ 376.91 $ 563A2 $ 749.12 $ 934.85 $ 1,120.57 3 CY Compactor per month $ 253.64 $ 502.59 $ 751.51 $ 999.54 $ 1,247.54 $ 1,495.58 6 CY Compactor per month $ 452.33 $ 899.06 $ 1,345.76 $ 1,791.35 $ 2,236.95 $ 2,682.52 Multi -Family Dwelling Recycling Only 32-Gallon Cart per month $ 29.23 $ 51.52 $ 59.59 $ 75.99 $ 9239 $ 108.77 64-Gallon Cart per month $ 31.31 $ 55.61 $ 65.67 $ 84.06 $ 102A5 $ 120.93 95-6allon Cart per month $ 33.59 $ 60.05 $ 72.29 $ 92A3 $ 113.38 $ 133.93 1 / 1.5 CY Bin per month $ 92.57 $ 152.51 $ 209.96 $ 262.75 $ 31137 $ 355.22 2 CY Bin per month $ 101.19 $ 164.74 $ 225.88 $ 294.63 $ 341.22 $ 395.69 3 CY Bin per month $ 116.92 $ 187.65 $ 256.04 $ 322.11 $ 385.93 $ 447.66 4 CY Bin per month $ 132A4 $ 210.52 $ 286.20 $ 379.95 $ 430.61 $ 499.67 6 CY Bin per month $ 192.97 $ 322A3 $ 451.01 $ 580.03 $ 709.03 $ 93.8.02 2 CY Compactor per month $ 126.97 $ 232.11 $ 293.71 $ 380.77 $ 467.83 $ 554.90 3 CY Compactorl per month $ 160.97 $ 290.99 $ 400.91 $ 520.93 $ 640.95 $ 760.99 5 CY Compactor I per month 1 $ 302.69 $ 531.85 $ 760.96 $ 99010 $ 1,219.2i $ 1,448.32 Multi -Family Organic Waste Only (Green Waste and FoodWaste) 32-Gallon Cart per month $ 63.94 $ 114.72 $ 161.23 $ 209.19 $ 263.25 $ 301.39 64-GalIon Cart per month $ 99.28 $ 165.31 $ 237,07 $ 309.25 $ 399.57 $ 452.97 96-Gallon Cart per month $ 114.63 $ 215.89 $ 312.91 $ 410.33 $ 515.90 $ 604.54 1 / 1.5 CY Bin per month $ 236AO $ 418.04 $ 588.58 $ 757.72 $ 925.20 $ 1,093.04 2 CY Bin per month $ 295.00 $ 539.92 $ 769.69 $ 998.92 $ 1,260.06 $ 1,457.09 Multi -Family Dwelling Green waste Only lif aooiicablel 64-Gallon Cart per month $ 33.86 $ 59.26 $ 81.92 $ 104.24 $ 125.35 $ 14539 9&Gallon Cart per month $ 38.55 $ 67.66 $ 96.02 $ 123.04 $ 149.85 $ 173.58 i / 1.5 CY Bin per month $ 97.73 $ 167.10 $ 234.29 $ 297A4 $ 356.94 $ 413.18 2 CY Mn per month $ 110.96 $ 190.70 $ 26620 $ 339.99 $ 410A7 $ 477.92 3 CY Bin per month $ 136.05 $ 232.11 $ 326.07 $ 417.97 $ 507.94 $ 596.10 M u lt�-Fam ily Dwelling Food Waste Ordy Trf app§cahle9 32-Gallon Cart per month $ 54.28 $ 1iSA3 $ 162.27 $ 209.57 $ 265.00 $ 303A8 64-Gallon Cart per month $ 89.93 $ 165.60 $ 239,01 $ 311.83 $ 392.80 $ 455.84 'JIG -Gallon Cart per month $ 115.57 $ 217.79 $ 315.74 $ 414.11 $ 520.63 $ 610.21 1 1 1.5 CY Bin per month $ 237.95 $ 420.95 $ 592.94 $ 763.54 $ 932A8 $ 1,101.78 2 CY Bin per month $ 296.94 $ 543.79 $ 774.51 $ 1,006.69 $ 1,269.76 $ 1,468.73 FINAL AGREEMENT Page 101 of 184 3497 Commercial Maximum Service Rates Rate Schedule Effective 0110112025 NOTE: All Commercial Trash Rates will include the equivalent volume of recycling and one 32-Gallon Organic Waste Cart per 2-cubic yards of garbage as part of the Bundled Trash rates_ Any increased or additional collection service request for Recycling:/Organic Waste/Green Waste/Food Waste will be charged per the Commercial Maximum Service Rate sheet_ Service Billing Frequency Collection Frequency 1lweek I 21week 3Jweek I 41week 51week I 61week Commercial Garba e 32-Gallon Cart Per month $ 37.22 $ 72.65 $ 108A9 $ 143.17 $ 178.23 $ 213.34 64-Gallon Cart per month $ 43.57 $ 95.37 $ 127.16 $ 159.59 $ 210.01 $ 251A6 96-Gallon Cart per month $ 49.93 $ 98A0 $ 146.25 $ 194.05 $ 241.85 $ 289.55 1 1 1.5 CY Bin per month $ 120.63 $ 237.93 $ 355.08 $ 471.60 $ 588.14 $ 704.59 2 CY Bin per month $ 141.82 $ 290.27 $ 419.72 $ 556A5 $ 694.21 $ 831.95 3 CY Bin per month $ 184.94 $ 355.92 $ 546.56 $ 726.72 $ 905.77 $ 1,086.84 4 CY Bin per month $ 237.24 $ 459.62 $ 701.97 $ 93336 $ 1,164.77 $ 1,396.14 6 CY Bin per month $ 334.28 $ 662.29 $ 990.31 $ 1,317.09 $ 1,643.85 $ 1,970.51 2 CY Compactor per month $ 190A2 $ 376.91 $ 563A2 $ 749.12 $ 934.95 $ 1,120.57 3 CY Compactor per month $ 253.64 $ 502.59 $ 751.51 $ 999.54 $ 1,247.54 $ 1,495.59 6 CYCompactorl per month $ 45233 $ 899A6 $ 1,345.76 $ 1,791.35 $ 2,235.95 $ 2,682.52 Commercial Recycling Only 32-Gallon Cart per month $ 29.23 $ 51.521 $ 59.59 $ 75.99 $ 92.39 $ 109.77 64-Gallon Cart per month $ 31.31 $ 55.51 $ 55.67 $ 94.06 $ 102A5 $ 120.83 SG -Gallon Cart per month $ 33.59 $ 60.05 $ 72.29 $ 92.83 $ 1.1338 $ 133.93 1 1 1.5 CY Bin per month $ 92.57 $ 152.51 $ 209.a5 $ 252.75 $ 311.37 $ 356.22 2 CY Bin per month $ 101.19 $ 164.74 $ 225.99 $ 294.63 $ 341.22 $ 395.69 3 CY Bin per month $ 116.82 $ 197.65 $ 256.041 $ 322.11 $ 385.93 $ 447.66 4 CY Bin per month $ 132A4 $ 2i0.52 $ 296.20 $ 379.95 $ 430.61 $ 499.67 6 CY Bin per month $ 192.97 $ 322.03 $ 451.01 $ 580.03 $ 709.03 $ 939.02 2 CY Compactor per month $ 126.97 $ 232.11 $ 293.71 $ 380.77 $ 467,93 $ 554.90 3 CY Compactor per month $ 160.87 $ 280.99 $ 400.91 $ 520.93 $ 640.95 $ 760.99 6 CY Com actor per month 1 $ 302.69 $ 531.85 $ 760.a6 $ 990.10 $ 1,219.21 $ IA4932 Commercial Organic Waste only (Green Waste and Food Waste) 32-Gallon Cart per month $ 63.94 $ 114.72 $ 161.23 $ 209.18 $ 263.25 $ 301.39 64-Gallon Cart per month $ 99.28 $ 16531 $ 237.07 $ 309.25 $ 389.57 $ 452.97 96-Gallon Cart per month $ 114.63 $ 215.89 $ 312.91 $ 410.33 $ 515.90 $ 604.54 1 f 1.5 CY Bin per month $ 236AO $ 419.04 $ 588.58 $ 757.72 $ 925.20 $ 1,093.04 2 CY Bin per month $ 295M $ 539.92 $ 768.69 $ 999.92 $ 1,260.06 $ 1,457.09 Commercial Green Waste Only jif applicable 64-Gallon Cart per month $ 33.86 $ 59.25 $ 81.92 $ 104.24 $ 125.35 $ 14539 SG -Gallon Cart per month $ 38.55 $ 67.55 $ 96.02 $ 123.04 $ 148.95 $ 173.58 1 1 1.5 CY Bin per month $ 97.73 $ 157.10 $ 234.29 $ 297A4 $ 355.94 $ 413.19 2 CY Bin per month $ 110.96 $ 190.70 $ 266.80 $ 339.89 $ 410.17 $ 477.92 3 CY Bin per month $ 136.05 $ 232.11 $ 326.07 $ 417.97 $ 507.94 $ 596.10 Commercial Food Waste Only (if applicable 32-Gallon Cart per month $ 64.28 $ 115.43 $ 162.27 $ 209.57 $ 265.00 $ 303A8 64-Gallon Cart per month $ 89.93 $ 166.60 $ 239M $ 311A3 $ 392M $ 456.84 96-Gallon Cart per month $ 115.57 $ 217.79 $ 315.74 $ 414.11 $ 520.63 $ 610.21 1 f 1.5 CY Bin per month $ 237.85 $ 420.95 $ 592.94 $ 763.54 $ 932A8 $ 1,101.78 2 CY Bin Per month $ 296.94 $ 543.79 $ 774.51 $ 1,005.613 $ 1,269.76 $ 1468.73 FINAL AGREEMENT Page 102 of 184 3498 3499 3500 RX91il 3502 Commercial & Multi -Family Dwelling Additional Services Maximum Service Rates Service descriptions Billing Frequency Approved Maximum Rate Other Services Locking Bin, Lock on Gate, enclosure Monthly Fee per lock per month $8.34 Trip Charge/Dry Run per occurrence $92.94 Restart of Service (auto resume fee) per occurrence $22.72 Setup Fee per occurrence N!C Delivery Charge per occurrence N!C Delivery Charge Commercial Carts per occurrence N!C Removal per occurrence NfC Exchange Fee (in excess of one time per year) per occurrence $110.09 Stinger! Scout Service Fee per bin per service $49.56 Organics/Recycling Contamination Fee per occurrence $80.57 Extra Bin Pick Ups (on scheduled pick up day) per binlper occurrence $63.40 Extra Bin Pick Ups (on non-scheduled pick up day) per binlper occurrence $89.13 Bin Replacement (+ actual cast of bin) per occurrence $115.45 Additional Bin Cleaning (in excess of one per year) per occurrence $51.62 Counter Balance Lid per month $12.75 Commercial Locking Bars - Initial Set Up per occurrence $38.79 Commercial Locking Bars - Ongoing fee per month $8.29 Overage Fee per occurrence $70.57 Commercial Electronic Waste Disposal per occurrence $22.40 Commercial Manure Collection (64 gallon Cart) per month $59.45 Commercial Manure Collection (2 CY Bin) per month $205.50 Additonal Standby and Loading Time I per month 1 $180.14 Emergency Services Section 20.01per hour 1 $270.55 Bin Push out Rates Rate Schedule Effective 01101I2025 Service Billing Frequency 1lweek I 2lwreek Collection Frequency 3lweek I 4fweek I 5lweek 6/week Bin Push Out Rates 25-49 feet 50-74 feet 75-99 feet 100-125 feet per month $ 45.10 $ 90.20 $ 135.30 $ 180A0 $ 225.50 $ 270.50 per month $ 67.65 $ 135.30 $ 202.95 $ 270.50 $ 338.25 $ 405.90 per month $ 101A6 $ 20292 $ 304.38 $ 405.94 $ 507.30 $ 609.75 per month $ 152.18 $ 304.36 $ 455.54 $ 608.72 $ 760.90 $ 913.08 FINAL AGREEMENT Page 103 of 184 3503 3504 3505 3506 3507 3508 3509 3510 3511 3512 3513 3514 3515 3516 3517 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 FINAL AGREEMENT Page 104 of 184 3518 Exhibit 3 3519 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 Chesebrou h Park 3 Yard 2 2 Trash Circle J Park 3 Yard 1 1 Trash City Corporate Yard 3 Yard 1 5 Trash 3 Yard 2 1 Commingle City Hall 3 Yard 2 3 Trash 65 al 1 1 Food Waste 3 Yard 4 1 Commingle City Sub Yard 40 Yard 1 OC Trash 30 Yard 1 OC Trash 20 Yard 1 OC Trash 10 Yard 1 OC Inert 20 Yard 1 OC Green Waste 40 Yard 4 OC C&D 20 Yard 1 OC C&D 10 Yard 1 OC C&D Copper Hill Park 3 Yard 1 1 Trash 3 Yard 1 1 Green Waste FINAL AGREEMENT Page 105 of 184 Site Bin Size Number of Bins Frequency Commodity Creekview Park 3 Yard 1 1 Trash Fair Oaks Park 3 Yard 2 1 Trash Golden Valley Park 3 Yard 1 2 Trash Newhall Community Center 3 Yard 2 3 Trash 3 Yard 1 1 Commingle Newhall Park (Boys & Girls Club 3 Yard 2 2 Trash 3 Yard 1 1 Commingle Newhall Park Pool 20 Yard 2 OC Trash 20 Yard 1 OC Green Waste 40 Yard 1 OC C&D Newhall Park 20 Yard 1 OC Trash 40 Yard 1 OC Trash 20 Yard 1 OC Green Waste North Oaks Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste 1.5 Yard 1 1 Commingle Oak Spring Canyon Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Old Orchard Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Old Town Newhall Library 3 Yard 1 1 Trash 3 Yard 1 2 Trash 3 Yard 1 2 Commingle Pam lico Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Plum Canyon Park 3 Yard 1 1 Trash 3 Yard 1 1 Green Waste River Village Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Santa Clarita Metrolink Station 3 Yard 1 5 Trash 3 Yard 1 1 Commingle Santa Clarita Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Santa Clarita Sports Complex 3 Yard 1 3 Trash 3 Yard 2 3 Trash 3 Yard 1 2 Commingle 3 Yard 1 2 Commin le Skyline Ranch Park future - - - The Cube Ice Station 3 Yard 2 2 Trash FINAL AGREEMENT Page 106 of 184 3520 3521 Site Bin Size Number of Bins Frequency Commodity 3 Yard 1 1 Commingle Todd Longshore Park 3 Yard 1 1 Trash 3 Yard 1 1 Green Waste Transit Maintenance 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 FINAL AGREEMENT Page 107 of 184 3522 Exhibit 4 3523 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. 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. FINAL AGREEMENT Page 108 of 184 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. 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. FINAL AGREEMENT Page 109 of 184 3524 Exhibit 5 3525 Transition Plan 3526 Burrtec has extensive experience in new program roll -outs ensuring success for the City of Santa 3527 Clarita franchise implementation. Transition experience includes various conversions and 3528 implementations of residential and commercial program including regulatory compliance, information 3529 materials development, container delivery and removal, mailings, advertisements, routing, billings, 3530 audits, and ongoing education. 3531 3532 After Contract Execution and prior to the Contact Start Date, Burrtec will provide the City of Santa 3533 Clarita an update to the Start -Up Transition Roll -Out Plan for approval. The plan will include an updated 3534 detailed timeline with activities and estimated dates including but not limited to: 3535 3536 . Vehicles 3537 . Order specifications 3538 0 Confirmation of delivery dates 3539 . Containers 3540 . Order specifications 3541 0 Confirmation of delivery dates 3542 0 Staging and assembly location 3543 . Customer container size selection 3544 0 Distribution plan 3545 0 Including collection of existing containers 3546 . Employees 3547 0 Hiring progress 3548 . Training 3549 0 Public Outreach and Education 3550 3551 A Burrtec transition provides customers with an experience that is reliable, orderly, seamless, and 3552 without service interruptions conducted thoroughly and professionally by Burrtec staff. The transition 3553 services may include the following as appropriate: 3554 3555 0 Collect solid waste from outgoing contractor's containers 3556 • Allow the outgoing contractor to collect from Burrtec containers 3557 • Allow the future contractor to collect from Burrtec containers during the transition 3558 0 Service, remove and store outgoing contractor's containers after the transition 3559 0 Continue customer's services, container quantity and sizes, and applicable discounts from 3560 outgoing contractor's customer service list, including not providing containers to addresses not 3561 utilizing outgoing contractor's services 3562 3563 1. Prior to the Start of Collection Services 3564 3565 Beginning with the contract award, Burrtec will begin the implementation phase. Activities will 3566 include strategic planning of staff organization, equipment and containers, developing routes and 3567 schedules, and implementing education and program information plans. The primary focus is to 3568 prepare customers for their new collection services and programs. 3569 3570 An excellent example of Burrtec's commitment to a smooth transition and the epitome of "We'll 3571 Take Care Of It" is evident in Los Angeles County franchise area transitions. In these transitions, 3572 some new residents had difficulty starting curbside services for the period preceding the new FINAL AGREEMENT Page 110 of 184 3573 franchise program effective date. In the spirit of Burrtec's dedication to customer service, curbside 3574 collection services were started prior to the franchise effective date at no charge to the customer. 3575 3576 Our approach is divided into the following scheduled phases. 3577 3578 a. Proposal/Negotiation Phase 3579 3580 The Burrtec senior management team will work together throughout the proposal and contract 3581 negotiation phase. Depending on the issues, one or more team members will be involved. Mr. 3582 Burr, Ms. Sweeney, and Mr. Verner will lead the negotiations and have full authority to commit 3583 the company to contractual obligations. 3584 3585 b. Start-Up/Transition Phase 3586 3587 Once the contract is authorized, Burrtec will immediately go into a start-up/transition phase. 3588 The same senior management team members will work on implementing their respective 3589 areas. All needed equipment will be ordered with delivery commitments consistent with the 3590 start-up schedule. 3591 3592 The senior management team has developed numerous detailed plans and procedures for past 3593 transitions with no service or operational issues for the jurisdiction, its businesses, or residents. 3594 Burrtec's previous City of San Bernardino and Los Angeles County franchise implementations 3595 were very successful and well -received by the affected communities. 3596 3597 c. Contract Phase 3598 3599 Once the transition phase is completed, the organization quickly settles into a more traditional 3600 contract management phase. Mr. Verner, the facility's division manager will be the key day-to- 3601 day contact and responsible for daily operating decisions. The senior management team will 3602 remain advisory to the division manager, ensuring the full implementation of all contract 3603 compliance, company directives, and procedures are maintained. 3604 3605 Burrtec successfully manages ten hauling locations and has effective and proven management 3606 systems in place. Daily, weekly and monthly communications, reports, and meetings 3607 coordinate this effort, assuring the customer that "We'll Take Care Of It." 3608 3609 2. Customer Communications & Selection of Equipment 3610 3611 General information about Burrtec and the transition plan will be one of the first elements of 3612 customer communications. The container size and quantity selection, new container colors, 3613 delivery schedule, and collection day schedule will follow. Customers will receive several notices 3614 and updates throughout the transition period keeping them informed and prepared. 3615 3616 Communication methods include local newspapers, mailers, and flyers/posters at community 3617 centers. Burrtec's website and social media platforms will contain informational updates and 3618 postings. Containers are provided based on the current level of service and include supplemental 3619 deliveries for missing program elements, ensuring customers receive a full complement of services. 3620 Customers will have the opportunity to contact the customer service department and adjust 3621 container sizes prior to delivery. As part of the container delivery, Burrtec will provide an outreach 3622 package, which includes detailed information on the services offered for recyclables and organics 3623 waste, bulky item collections, and proper disposal alternatives of unpermitted waste. 3624 3625 Distributing Food Waste Pails to Customers 3626 FINAL AGREEMENT Page 111 of 184 3627 Burrtec will deliver food waste pails before the service start date to single-family and multi -family 3628 service recipients for no additional fee. Detailed educational materials on food waste recycling will 3629 be included at the time of delivery. 3630 3631 3. Employee Retention 3632 3633 Prior to the service start date, Burrtec will secure a venue within the franchise area such as the 3634 Hyatt Valencia, Embassy Suites, or other comparable locations, and invite prospective employees 3635 and their families to learn about Burrtec's culture, competitive pay, and benefits, and learn why 3636 nearly half of the current drivers at Burrtec average more than 20 years of service with the company. 3637 Employees migrating from the previous contractor to Burrtec will retain their current pay rate, 3638 seniority, and pre -approved vacations. Prospective employees will be required to provide a DMV 3639 driving record, and undergo a physical evaluation once an offer of employment is accepted. Newly 3640 hired employees will be welcomed at orientation, participate in OSHA and DOT compliant safety 3641 training, and become familiar with the Burrtec philosophy, "We'll Take Care Of It!" before service 3642 commences. 3643 3644 All Burrtec staff members who provide services to the City of Santa Clarita will receive detailed 3645 information and training to prepare them for the new contract. Training will enable Burrtec to provide 3646 a high level of service throughout the contract term 3647 3648 A. Training Route Drivers 3649 3650 All new drivers undergo training on solid waste and recycling programs, new container colors, 3651 and the proper and safe use of the specific collection vehicles. Training includes onboard 3652 systems, ride -along, and in -field evaluations, including driving and operating the equipment. 3653 The Division Manager and Route Supervisor routinely conduct driver training briefings to 3654 maintain safe and efficient operating standards. The local manager conducts a final 3655 competency evaluation and verification to validate that the driver can safely operate the specific 3656 collection vehicle. "On the Route" field observations assure that drivers are maintaining safe 3657 work habits and excellent customer service standards. 3658 3659 B. Training: CSRs 3660 3661 It is imperative that CSRs understand the City of Santa Clarita's programs and report to the 3662 local, Santa Clarita Hauling Division, for their shifts. New CSRs will be trained on Burrtec's 3663 custom software and the "We'll Take Care Of It" customer philosophy. 3664 3665 C. Training: Mechanics 3666 3667 New mechanics will be trained in Burrtec's "Stop the Drop" program, Department of 3668 Transportation Out of Service Criteria, and will be eligible to participate in collegiate level and 3669 vendor sponsored training events. OSHA compliant safety trainings and company policies will 3670 also be covered throughout the employee's tenure. 3671 3672 4. Transition Services 3673 3674 a) Regular Meetings 3675 3676 Regular meetings among Burrtec and City staff are essential to a successful transition program 3677 throughout the agreement term. Coordination of activities, reporting, and customer service are 3678 routinely discussed, developing action plans that produce positive and effective results. 3679 Collaborative meetings are essential during the initial transition stages while customers 3680 become familiar with Burrtec and come to understand the "We'll Take Care Of If' philosophy. 3681 3682 b) Activated Phone Lines FINAL AGREEMENT Page 112 of 184 C.: 3684 Customers utilize an existing phone number to call and ask questions about the new solid 3685 waste and recycling programs. 3686 3687 With minimal auto -attendant features, experienced Burrtec customer service staff located at 3688 our Santa Clarita office are prepared to answer all questions "live", and in a helpful, courteous 3689 manner with bilingual (Spanish and other languages as requested) skills available. 3690 3691 Customer service will staff phone lines between 8:00 a.m. and 5:00 p.m. Monday through 3692 Friday and on Saturdays between 8:00 a.m. and 12:00 p.m. following observed holidays during 3693 the transition period and over the contract term. An automated telephone answering system 3694 will take messages from callers outside these hours. Customer Service Representatives will 3695 follow up on each message the following business day. 3696 3697 c) Determining Routes 3698 3699 Burrtec will utilize the existing collection schedule as a basis to begin service. Future service 3700 level adjustments and additional services may require Burrtec to generate newly optimized 3701 routes to reduce wear and tear on the streets. The operations team has worked in the Santa 3702 Clarita Valley for a number of years is very experienced in developing efficient and safe routes. 3703 Customers will receive information indicating weekly collection schedules, new cart colors, and 3704 have the opportunity to speak with our local Customer Service Representatives should they 3705 have any questions about their scheduled pick-up day. 3706 3707 d) Vehicle and Container Delivery from Manufacturer 3708 3709 Burrtec's vendors are prepared to address any additional needs for the awarded service area. 3710 This includes the production and delivery of vehicles and containers as needed. Detailed 3711 logistics and timelines will be submitted to the City as required. Burrtec will secure a location 3712 or utilize the existing hauling yard for staging. 3713 3714 5. Public Outreach and Education Activities 3715 3716 A key to overall customer satisfaction and participation in waste diversion activities is providing 3717 detailed educational programs and information. In partnership with The Musella Group, Burrtec 3718 gears its outreach based on the needs of the various customer groups ensuring we provide 3719 relevant, engaging, and consistent information on all City and CalRecycle requirements. 3720 3721 As a part of the transition, Burrtec will identify these groups and design the educational material 3722 accordingly. These customer groups will include single-family, multi -family residents, Tier 1 & Tier 3723 2 commercial edible food generators, and commercial services. 3724 3725 Burrtec's in-house capability to produce educational and promotional material in a bilingual 3726 (Spanish or other required languages) format is a critical asset for any transition period. 3727 3728 Burrtec Web Site 3729 3730 Burrtec's website at Burrtec.com/SCV will be updated with the City's specific collection program 3731 and services, including but not limited to: 3732 3733 . Transition plan 3734 0 Collection schedules 3735 . Notices 3736 0 Program descriptions 3737 . Service brochure M01-11 FINAL AGREEMENT Page 113 of 184 3739 The City specific website is an additional tool for customers to obtain accurate and current 3740 information on recycling programs, household hazardous waste disposal, special collections, and 3741 SB 1383 program requirements. The website can also include links to the City of Santa Clarita 3742 website for additional program information requested by the City. 3743 3744 6. Transition Coordination 3745 3746 a) Coordinated Customer Service Data 3747 3748 Burrtec will coordinate the transfer of customer data with the incumbent service provider. All 3749 pertinent customer information will be downloaded into new customer records. Information 3750 includes customer account number, service details, contact information, gate and access 3751 codes, roll -out services, or specific container staging and access information. 3752 3753 Using internal audit and mapping teams, Burrtec will identify all customers not currently 3754 receiving solid waste collection service, secure the customer's data, and provide them with 3755 program information. 3756 3757 b) Old Containers 3758 3759 Burrtec is committed to working with the current service providers, customers, and City staff to 3760 make this transition as smooth as possible. As part of a typical transition plan, Burrtec will 3761 schedule the removal and collection of any old containers from customers and coordinate a 3762 seamless exchange for those customers that may be using containers from their current hauler. 3763 3764 7. Transition Schedule 3765 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 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 FINAL AGREEMENT Page 114 of 184 3766 3767 3768 3769 3770 3771 3772 3773 3774 3775 Phase lActivity Start Date End Date ii Customer Service Training 06/01/23 06/30/23 iii Residential Account Information Customer Update & Audit 03/01/23 06/01/23 Initial Billing & Reporting 07/01/23 07/01/23 iv Commercial Account Information Verification & Sustainabilit Programs 04/01/23 06/01/23 Customer Upload & Audit 04/01/23 06/01/23 Initial Billing 07/01/23 07/01/23 v Routing 04/01/23 06/15/23 vi City Facilities 06/01/23 06/30/23 Initial Billing & Reporting 07/01/23 07/01/23 Initial Billing 07/02/23 07/02/23 e Education, Outreach & Diversion Activities i Residential Service Brochure 01/01/23 03/31/23 ii Print & Social Media 04/01/23 04/30/23 iii Update Burrtec Website 04/01/23 06/01/23 iv Community Meeting 06/01/23 06/20/23 v Local Organizations Presentation 05/01/23 06/30/23 vi Neighborhood Associations 06/01/23 06/30/23 vii Residential Services Selection 06/01/23 06/30/23 Food Recovery Assistance 4 SERVICE START 07/01/23 07/01/23 a Route Adjustments 07/01/23 08/01/23 b Compliance Review 07/01/23 09/01/23 c Identify Tier One & Tier Two Customers 07/01/23 09/01/23 d Assist Tier One & Recovery Inspections 07/01/23 01/01/24 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 FINAL AGREEMENT Page 115 of 184 3776 3777 3778 3779 3780 3781 3782 3783 3784 3785 3786 3787 3788 3789 3790 3791 3792 3793 3794 3795 3796 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. 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 11/0 12/31/22 Impacted) 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 0) 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 Most Impacted customers include High Volume Generators and Low Volume Generators not required to participate in MCR/MORe programs. Minimally Impacted customers include compliant FINAL AGREEMENT Page 116 of 184 3797 MCR/MORe customers with minimum levels of service. Exempt customers include all customers 3798 having received an MCR/MORe exemption. 3799 3800 Determine Waivers: Burrtec will review current MCR/MORe exempt customers and evaluate Low 3801 Volume Commercial Service Recipients to determine waiver eligibility. Burrtec will work with the 3802 City to develop an SB 1383 waiver process and categorize customers accordingly. The City will be 3803 required to approve all waivers prior to issue. 3804 3805 Conduct Waste Assessment/Route Review: Burrtec will collaborate with City Staff to develop a 3806 "best approach" customer awareness and education campaign for programs starting July 2023. 3807 Most Impacted customers may receive a site visit from Burrtec Sales and Recycling Coordinators 3808 (SRCs). SRCs will visit the customers' location, conduct a waste assessment, determine if 3809 prohibited contaminants are present in containers, and provide a mockup service program best 3810 suited for the customer's respective disposal needs. Updated bin/cart color information and the 3811 new corresponding service rates will be included in the site visit. The goal will be to give Most 3812 Impacted Commercial Service Recipients at least six months to either modify their current 3813 operations or budget for the new program impacts. Compliance Review and site visit data will be 3814 used to adjust model assumptions and optimize existing and potentially new routes. 3815 3816 Minimally Impacted Customers: Burrtec will focus on the Minimally Impacted Customer group 3817 through site visits and/or educational materials with a goal of giving these Customers at least 90 3818 days to prepare and educate their employees before implementation. 3819 3820 Commercial Equipment: Burrtec's container maintenance facility is centrally located in the City of 3821 Santa Clarita at Burrtec's Santa Clarita Hauling Division. Burrtec will complete bin repairs, bin 3822 washing, SB 1383 paint and labeling requirements, and maintain an adequate container inventory 3823 at this facility. Commercial serviced customers, including multi -family, mixed -use, and City facilities, 3824 will have an opportunity to change or modify their collections subscriptions. Necessary container 3825 changes will be completed at any time and as requested by the customer. Program and service 3826 option information will assist customers in selecting containers and providing awareness for those 3827 programs that are best suited for their needs. Burrtec's SRCs will facilitate the solid waste needs 3828 assessment to maximize diversion and reduce solid waste disposal costs. 3829 Commercial Education & Outreach 3830 Burrtec will communicate with existing commercial customers in person, through mailers, using 3831 social media platforms, print media advertisements, and public meetings. Print media and materials 3832 are ideally generated and distributed using recycled paper content manufactured at local 3833 businesses. 3834 3835 Additional advertising in local newspapers and on social media platforms encourages public 3836 meeting participation educating customers on essential topics such as sustainability and organics FINAL AGREEMENT Page 117 of 184 3837 recycling requirements. Santa Clarita commercial customers may already be familiar with Burrtec's 3838 existing social media presence in the Santa Clarita Valley. 3839 3840 Facebook: https://www.facebook.com/burrtecscv 3841 Instagram: https://www.instagram.com/burrtecscv 3842 In addition, Burrtec utilizes KHTS to disseminate pertinent information. Burrtec will also utilize the 3843 ' u l following local resources for commercial outreach activities: 3844 3845 The SCV Signal and SCVTV 3846 The Santa Clarita Valley Business Journal 3847 Santa Clarita Valley Chamber of Commerce (SCV Chamber) 3848 The Valley Industrial Association (VIA) 3849 Rotary Club of Santa Clarita (SCV Rotary), Business Groups 3850 SCV Economic Development Center Outlets such as podcasts and print 3851 3852 Full -color, multilingual service brochures will be distributed to existing commercial customers to 3853 familiarize them with service protocols, diversion requirements, and service options. Burrtec 3854 representatives will conduct meetings and speak with local businesses as part of the transition 3855 team's public outreach effort. 3856 3857 3858 FINAL AGREEMENT Page 118 of 184 3859 Exhibit 6 3860 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 $100 per day. required under the provisions of this Agreement. d. Failure to include all parts of quarterly and annual reports specified in Sections 22.02 and 22.03 in the submitted $100 per day. report e. Failure to submit to City all payments by the deadlines 1 % of the total amount due if fees are 1 required under the provisions of this Agreement. — 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 $50.00/each Collection 1383 labeling requirements. Container not compliant. h. Failure to display Contractor's name and customer $100 per incident per service phone number on Collection Vehicles. day. i. Failure to Collect a missed collection Container by close $1,000 per Calendar of the next Work Day upon notice to Contractor, that year, plus $10 per exceeds twenty (20) in any Calendar Year. incident per day. j. Failure to repair or replace damaged Containers within 5 $1,000 per Calendar year, plus $10 per working days, that exceeds twenty (20) in any Calendar incident per day. year. k. Failure to maintain collection hours as required by this $250 per day. Agreement. I. Failure to have Contractor personnel in Contractor- $25 per day per provided uniforms. employee. FINAL AGREEMENT Page 119 of 184 3861 3862 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 $5000 per incident in Vehicles in excess of one (1) per quarter and in excess of excess of one (1) per approximately 5 gallons as determined by City staff Quarter o. Failure of Contractor to provide proof of performance Agreement bond as required by this Agreement Default/$500 per day p. Failure of Contractor to provide proof of insurance as Agreement required by this Agreement Default/$500 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 $150 per day within seven (7) days after order. t. Failure to initially respond to a Service Recipient $50.00 per failure to complaint within one (1) business day. resolve customer 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. FINAL AGREEMENT Page 120 of 184 3863 3864 3865 3866 3867 3868 3869 3870 3871 3872 3873 3874 3875 3876 3877 3878 3879 3880 3881 3882 3883 3884 3885 3886 3887 3888 3889 3890 3891 3892 3893 3894 3895 3896 3897 3898 3899 3900 3901 3902 3903 3904 3905 3906 3907 3908 3909 3910 3911 3912 3913 3914 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 Buntec employee's mission is "We'll Take Care Of It. • Knowledgeable Customer Service Staff turrtec'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 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. Service Recipient Billing FINAL AGREEMENT Page 121 of 184 3915 A computerized accounts receivable system generates customer billings for uniform service 3916 fees, surcharges, and discounts. Burrtec's Billing Management Department manages and 3917 maintains this system in Fontana, CA. Daily Customer Service Representatives receive 3918 process service requests and create and close work orders, effectively reconciling the 3919 customer's account information in real-time. The Santa Clarita Customer Service Manager will 3920 submit a billing request to the Billing Department. The Billing Department reviews, verifies and 3921 processes the billing files. The file is then uploaded to an invoice fulfillment center to process 3922 and prepare the mailing. The invoice processing time from the request for billing to the actual 3923 mailing of the invoice is approximately forty-eight (48) hours. 3924 3925 a. Invoice Content 3926 3927 Burrtec provides current and up-to-date information on the invoice. The invoice 3928 includes Burrtec's contact information, including email, itemized costs by services, and 3929 messages promoting paperless invoicing and electronic payments. Each invoice will 3930 include payment directions and if a single-family dwelling invoice is pre -paid annually 3931 a one -month discount. 3932 3933 b. Frequency 3934 3935 All residential customers will receive an advanced quarterly billing for the upcoming 3936 service period. Remaining customers will be invoiced monthly. Invoices are sent on or 3937 before the first day of each billing period. 3938 3939 c. Electronic Invoicing 3940 3941 Burrtec customers have the opportunity to reduce paper waste and receive electronic 3942 invoices at no additional charge. Customers participating in the electronic invoicing 3943 program continue to receive newsletters and other important program information. 3944 Participants have the opportunity to receive correspondence by mail upon request. 3945 3946 d. Inserts & Statement Messages 3947 3948 The invoices will include a statement message with important reminders or inserts such 3949 as an application for automatic bank account payment deductions, a holiday schedule, 3950 a customized newsletter, or other information requested by the City. 3951 3952 e. Late Payment 3953 3954 1) Residential, Multi -Family, Commercial, and Mixed Use 3955 3956 All residential, multifamily, commercial, and mixed -use invoices are due and 3957 payable by end of billing period. Burrtec will mail a reminder letter to any customer 3958 that has not paid their bill within 30 days. The letter will indicate payment was not 3959 received and warn that late fees may be applied beginning the first day of the 3960 following month after the initial invoice was mailed. If an account remains unpaid 3961 after 90 days from the due date, the city will be notified, and customer reminder 3962 letters sent indicating the delinquency. A second letter will advise customers that 3963 the account remains unpaid, contain the balance due, including late fees, warn 3964 that delinquent balances will be sent to a collection agency, and service will be 3965 disrupted unless the account is paid in full. Returned check fees may be charged 3966 to the customer's account. 3967 FINAL AGREEMENT Page 122 of 184 3968 2) Billing Disputes 3969 3970 If a discrepancy is discovered in an invoice presented to a customer, Burrtec's 3971 Santa Clarita management team will work with the customer to review, understand 3972 and resolve the concern. A detailed and thorough review of the account's current 3973 service levels requested service adjustments, additional services, or cancellations 3974 will be evaluated in conjunction with account "remarks" and work order history 3975 created by Customer Service Representatives during interactions with the 3976 customer. The customer will receive updated information outlining why charges 3977 were incurred or details of necessary adjustments made to the account. 3978 3979 2. Technology Network 3980 3981 The existing Burrtec technology network consists of two primary components: (i) Telephone 3982 system and (ii) Customer record management system ("CRM"). 3983 3984 a. Telephone System 3985 3986 Burrtec's telephone system is a full -featured Mitel Voice over Internet Protocol (VoIP) 3987 system with: 3988 3989 0 Multiple call paths offer several different paths/ways to receive an incoming customer 3990 call 3991 0 Multi -queue enables CSRs to be logged into multiple queues at one time, offering 3992 efficiency and increased availability during unexpected system or Santa Clarita power 3993 outages 3994 0 Full Automated Call Distribution (ACD) reporting capabilities 3995 0 Complete off -site, seamless overflow/failover systems in a remote data center 3996 0 Data forwarding at every call center site uses Multi -Protocol Label Switching (MPLS) 3997 for ensured communication abilities 3998 3999 Burrtec's Santa Clarita Hauling Division local phone number661-222-2249 has been used 4000 in Santa Clarita since 2002. Burrtec's telephone system enables real-time monitoring of 4001 incoming calls, call duration, and calls on hold. The system displays the real-time status 4002 of calls in progress, and the status is monitored by the Lead CSR and the Customer Service 4003 Manager. The Corporate front office receptionist also monitors the system as a secondary 4004 status review. The Customer Service Manager, the Lead CSR, and the Receptionist have 4005 call load visibility in the Central Call Center and each Division Office. They can redirect 4006 calls to available operators irrespective of their office location. Should a caller be on hold 4007 for 90 seconds, the system offers the caller the option of continuing to hold or being 4008 transferred to a message center. Callbacks to recorded messages received after hours 4009 are made the next business day. Three more attempts will be made if a caller is not 4010 reached on the first attempt. An electronic log of message center activity is updated with 4011 each call and maintained in the system, and available for inspection by Los Angeles County 4012 representatives at any time. CSRs encourage callers to provide an e-mail address or cell 4013 phone number to provide updates to the caller without interrupting the caller with a return 4014 phone call. 4015 4016 b. Customer Record Management System 4017 4018 The ability to redirect calls to any available CSR regardless of office location is possible 4019 because of the versatility of the CRM System technology used at Burrtec. Burrtec has 4020 developed a customized in-house Customer Relationship Management software platform 4021 that is foundational to the hauling operations called 'WASTEC'. WASTEC fully integrates 4022 accounts receivables, dunning/lien letter notifications, customer invoice presentment, 4023 online bill pay, dispatch work order system, and routing logistics that all tie together to FINAL AGREEMENT Page 123 of 184 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 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 Processinq 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 Courtesy Pick -Up Miss Damage Claim Exchange Deliver 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 FINAL AGREEMENT Page 124 of 184 2s:@ 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 Santa Clarita specific programs, proper set out, educational materials, newsletters and program descriptions. SURBTEC 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 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 FINAL AGREEMENT Page 125 of 184 4117 Burrtec's automated process ensures customers receive timely refunds of overcharges on 4118 advanced payments after canceling services. Refund requests are processed within 30 4119 days from the date of cancellation. FINAL AGREEMENT Page 126 of 184 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 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: 41 '�9 Quantity Type Model Year Usefu 1 Automated Autocar Electric 2023 154134 26 Automated Autocar 2023 154135 16 Frontloader Autocar 2023 154136 1 Scout Truck Freightliner 2023 1 1 Bin/Barrel Flatbed Freightliner 2023 1 4139 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. 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..16�2., The hydraulic packer computer system controls are preset to engage automatically after the programmed number of carts are dumped. K Z A, FINAL AGREEMENT Page 127 of 184 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176 4177 4178 4179 4180 4181 4182 4183 4184 4185 4186 4187 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4211 4212 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 a� { clearance, and helps prevent spillage _p behind the compactor systems.1. F* :,t1 � 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 `" W. 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 Front Loader CNG 40 yd3 3 54,900 10 Ton One FINAL AGREEMENT Page 128 of 184 4213 4214 4215 4216 4217 4218 4219 4220 4221 4222 4223 4224 4225 4226 4227 4228 4229 4230 4231 4232 4233 4234 4235 4236 4237 4238 4239 4240 Fuel # of # of Collection Size GVWR Capacity Type Axles Compartments Scout Truck CNG 1-3 Bins 2 26,000 5 Ton Zero Flat Bed CNG 60 yd3 2 26,000 5 Ton One 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 supplemented by landfills not eligible to meet SB 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 SB 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.caIrecycle.ca.gov/orqanics/slcp/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%) FINAL AGREEMENT Page 129 of 184 4241 unavailable for use. Of the remaining 15 operational facilities, only five produce CNG 4242 transportation fuel required to meet SB 1383 procurement mandates for the entire state. 4243 4244 2) Reduced Wear & Tear on City Streets 4245 4246 Burrtec team members, who have lived in Santa Clarita for more than thirty years or have 4247 worked at the Santa Clarita Division for more than fifteen years, will conduct a thorough 4248 and comprehensive study of the existing routes currently operated by the incumbent within 4249 the franchise area during the implementation period. Burrtec's geographic information 4250 system (GIS) team members will develop route maps, verify routing requirements, and 4251 begin to develop the operational platform used by our drivers. GIS team members focus 4252 on key performance indicators to optimize routes, including but not limited to: 4253 4254 . Container counts 4255 . Tonnage generation 4256 . Labor hours 4257 . Fuel costs 4258 • Miles driven per route 4259 . Start times 4260 • Distance to disposal sites 4261 • Facility hours of operations 4262 • Time sensitive stops (schools and shopping centers) 4263 • Traffic flow and turns required 4264 4265 Route optimization sets the following goals: 4266 4267 • Efficient use of resources and equipment 4268 • Minimize the carbon footprint of the collection service 4269 • Ensure the minimum number of changes and disruptions in collection service for 4270 existing customers 4271 4272 g) Vehicle Technology 4273 4274 (1) Lvtx Safety System 4275 4276 The Lytx system is deployed on all Burrtec collection vehicles utilizing a combination of 4277 cameras, GPS, G-force measurement, and artificial intelligence (AI) to promote safe 4278 driving techniques, to detect possible accidents or unsafe activities, and specifically 4279 designed to work in areas with limited cell service. Burrtec uses the data collected through 4280 the Lytx system and transmitted to the Safety Team to train and coach safe behaviors and 4281 driving skills. The training consists of various methods that include one on one video 4282 reviews of unsafe acts or conditions and the posting of videos that demonstrate safe 4283 driving practices in driver breakroom areas. The Lytx system is utilized by fleets 4284 nationwide to reduce the potential for accidents and injuries. Burrtec currently has this 4285 system installed on over 600 vehicles. The Lytx system will meet the requirements for 4286 Video and GPS as outlined in the RFP. 4287 4288 (2) Global Positioning System (GPS) 4289 4290 GPS data will track a vehicle's path route with lines or dots superimposed on a map. Data 4291 is gathered, including date, time, speed, direction, location (address), and available in 4292 reports. Reports will be provided within two business days of the request for a specific 4293 time or a geographic area. Data is retained for a minimum of 14 calendar days. The 4294 minimum ping frequency of occurrence that GPS data is received from the vehicle will be 4295 at least every ten seconds for all vehicles when within the service area. FINAL AGREEMENT Page 130 of 184 4296 4297 4298 4299 4300 4301 4302 4303 4304 4305 4306 4307 4308 4309 4310 4311 4312 4313 4314 4315 4316 4317 4318 4319 4320 4321 4322 4323 4324 4325 4326 4327 4328 4329 4330 (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 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. FINAL AGREEMENT Page 131 of 184 4331 4332 4333 4334 4335 4336 4337 4338 4339 4340 4341 4342 4343 4344 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 CaIOSHA 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 OOS criteria Understand out of service criteria for tires Tire/wheel mount & demount Safe installation and removal of tires Tire repair How to safely repair a tire Merritor Brake & Wheel Brake inspection training Chassis/Air Brake ABS Understand how to service and maintain airs stems LNG/CNG Troubleshooting Troubleshoot fuels stems CNG/LNG Hose & tubing Understand how to build and maintain fuel lines Stop the Drop Hydraulic hose routing & spill prevention ASL Arm Hydraulics Proper arm maintenance Battery, alternator & starter Charging system maintenance Suspension systems Understand how to service and maintain suspension systems Steering systems Understand how to service and maintain steering systems Cooling system maintenance Understand how to service and maintain cooling systems FINAL AGREEMENT Page 132 of 184 4345 4346 Standard operating procedures outline maintenance program requirements, record -keeping 4347 activities, and preventative maintenance schedules. Specific performance metrics are the focus 4348 of Burrtec's monthly maintenance review program. Key performance metrics include but are 4349 not limited to the following: 4350 4351 0 Labor hours and productivity 4352 0 Labor details by vehicle 4353 0 Out of service journal records 4354 0 Scheduled preventative maintenance completion 4355 0 Multiple vehicle repairs 4356 0 Major repairs required 4357 0 Non -safety sensitive backlog 4358 4359 j) Vehicle Maintenance Schedule 4360 4361 Trucks are maintained in Burrtec's Santa Clarita yard by seasoned mechanics. Burrtec's robust 4362 preventative maintenance program will ensure all vehicles are in good, safe, neat, clean, and 4363 operable condition at all times. Collection vehicles will be thoroughly washed, steam cleaned, 4364 and regularly painted to present a clean appearance. Burrtec will make all collection vehicles 4365 available for inspection by City staff upon request. Burrtec agrees to replace or repair to the 4366 City's satisfaction any collection vehicle that the City determines to be of unsightly appearance 4367 or in unsatisfactory operating condition. Vehicle maintenance schedules are designed to 4368 ensure vehicles are maintained at the highest state of readiness. 4369 4370 1) Daily Inspections 4371 4372 0 Driver cab cleaning 4373 0 Driver vehicle inspections conducted 4374 0 Air brake inspections 4375 0 Pre -Trip - Before work commences 4376 0 Visually - While on the route and during disposal operations 4377 0 Post Trip - Upon completion of daily activities 4378 4379 2) Weekly Activities 4380 4381 • Vehicle washing 4382 • Vehicle brake inspections performed by the maintenance department 4383 0 Air brake test completed 4384 0 Brake shoes or pads inspected 4385 0 Brake drums or rotors inspected 4386 0 Air lines, cans, and brackets inspected 4387 0 Wheel seals checked 4388 0 Back up alarm tested 4389 0 Back up lights inspected 4390 0 Brake lights inspected 4391 0 Back up camera inspected 4392 0 Repairs reported, recorded, and completed 4393 Vehicle tire inspections performed by the maintenance department 4394 0 Tire tread depth measured 4395 0 Tires air pressure checked 4396 0 Tires inflated to manufacturers' specs 4397 0 Tires with defects or low tread changed 4398 0 Tires matched by the tread depth 4399 0 Repairs reported, recorded, and completed FINAL AGREEMENT Page 133 of 184 4401 3) Monthly Inspections 4402 4403 General vehicle inspections scheduled every 30 days comprising of over forty (40) 4404 items inspected on each vehicle in the following component groups 4405 0 Vehicle Body 4406 0 Hydraulic System 4407 0 Engine Fluid Levels 4408 0 Cooling System 4409 0 Air & Brake System 4410 0 Fuel System 4411 0 Chassis and Suspension System 4412 0 Cab Controls 4413 0 Decals & Paint 4414 0 Safety Devices 4415 0 Camera System 4416 0 Registration and Documentation 4417 4418 4) Quarterly Inspections (every 90 days) 4419 4420 Includes the monthly vehicle inspection and adds the following inspection 4421 requirements 4422 0 Coolant sample sent for analysis 4423 0 Coolant pH test 4424 0 Engine oil sample sent for analysis 4425 0 Engine air, fuel, and oil filter change 4426 4427 5) Semi -Annual Inspections (every 180 days) 4428 4429 Includes the monthly vehicle inspection and adds the following inspection 4430 requirements 4431 0 Coolant sample sent for analysis 4432 0 Coolant pH test 4433 0 Change engine oil. Sample sent for analysis 4434 0 Transmission, air, fuel, and oil filters changed 4435 0 Transmission fluid sample sent for analysis 4436 0 Hydraulic fluid sample sent for analysis 4437 6) Annual Inspections (every 365 days) 4438 4439 Includes the monthly vehicle inspection and adds the following inspection 4440 requirements 4441 0 Inspection of the hydraulic system 4442 0 Inspection of the transmission system 4443 0 Coolant is changed and the sample sent for analysis 4444 0 Manual Transmission/Differential general inspection 4445 0 Manual transmission oil sample sent for analysis 4446 0 Gear/differential fluid sample sent for analysis 4447 4448 7) Road Calls 4449 4450 Burrtec's maintenance program is designed to ensure the optimal readiness level of 4451 collection vehicles. Burrtec maintenance departments are equipped to respond rapidly to 4452 immediate driver needs if breakdowns occur. Designated technicians respond to drivers' 4453 "Road Calls" for assistance using vehicles specially equipped to remedy most mechanical 4454 failures that can occur in the field. An adequate amount of well -maintained spare FINAL AGREEMENT Page 134 of 184 4455 equipment is available should repairs require the vehicle to be returned to the hauling yard 4456 or be placed out of service for an extended period. Burrtec's onsite approach allows 4457 technicians to respond within one hour of the breakdown, minimizes driver downtime, and 4458 reduces potential service delays. 4459 4460 2. Containers 4461 4462 Burrtec has secured an allotment of time in the manufacturing schedule for container production 4463 from its vendors to fulfill the contract award requirements. Consistent with SB 1383 regulations and 4464 contractual requirements, containers will be colored and labeled with the required languages and 4465 signage explicitly designed to facilitate diversion goals and convey general safety information. 4466 4467 a. Past Experience 4468 4469 Burrtec has long-standing relationships with two primary container manufacturers. For more 4470 than two decades, the Rehrig Pacific Company has manufactured Burrtec automated carts. 4471 Consolidated Fabricators, now Wastequip, has continued to supply Burrtec with commercial 4472 bins and roll -off boxes for nearly three decades. Burrtec's long-standing and successful 4473 partnership with these companies has provided a platform for Burrtec management team 4474 members to provide input in the design, operational efficiency, and supply chain management. 4475 4476 1) Rehrig Pacific 4477 4478 The Rehrig Pacific Company was first established in 1913. For over 100 years, Rehrig 4479 Pacific has believed the key to success lies in making products that give customers real 4480 advantage. Today, Rehrig Pacific is in its second century of business, carrying on under 4481 the leadership of the founder's great-grandson. The Rehrig Pacific Company continues to 4482 build upon its expertise in manufacturing and extensive knowledge of customers' 4483 operations to create new solutions for customers. 4484 4485 2) Consolidated Fabricators 4486 4487 Since 1974, Consolidated Fabricators has committed to delivering a line of solid and 4488 innovative products focused on performance, product development, fabrication, and 4489 delivery. Consolidated Fabricators has become a reliable business partner within the 4490 industry, and in 2020, Wastequip, the leading North American manufacturer of waste 4491 handling equipment, added Confab to its portfolio of brands. This acquisition allows Confab 4492 additional operating efficiencies to serve its customer base better. 4493 4494 b. Sufficiency of Capacity 4495 4496 Customers will be able to choose a variety of services offered by Burrtec's preferred source- 4497 separated container collection system when considering their material stream volumes and 4498 individual need for flexibility. Cart and bin serviced sectors, including multi -family complexes, 4499 will be included in the source -separated system. Customers will be able to source separate 4500 recyclables, organics, refuse, and food waste. This service combination is designed to 4501 maximize diversion while minimizing the contamination of customized services amongst 4502 customers. The variety of services offered will enable service recipients to receive clean, 4503 efficient, and cost effective collection services. Available container dimensions are shown 4504 below. Additional recycling and organic waste containers are always available to customers 4505 upon request. 4506 FINAL AGREEMENT Page 135 of 184 4507 4508 4509 4510 4511 4512 4513 4514 4515 4516 4517 4518 4519 4520 4521 4522 4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 4533 4534 4535 4536 4537 4538 4539 4540 4541 4542 4543 4544 4545 4546 4547 4548 4549 4550 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" 511, 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 19 BURRTEC realized when the driver uses minimal "We'll Take Care 01ft" movements to position containers for DE5IGN GUIDELINES servicing. Appropriately sized enclosures, FOR containers, and service frequency assist in SOLID WASTE, RECYCLABLE, maximizing collection efficiency, driver safety, B ORGANICS ENCLOSURES 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 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." 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. FINAL AGREEMENT Page 136 of 184 4551 4552 2) Limited Space 4553 4554 Burrtec will provide alternative container sizes to residential customers and older shopping 4555 centers with limited parking and no enclosures such as Old Town Newhall, Lyons Avenue, 4556 and Sierra Highway. Alternative container sizes will have the same commodity selections 4557 as would have been initially provided. For example, up to 3 — 35 gallon carts will be 4558 provided in instances where larger containers could not be accommodated due to space 4559 restrictions for cart storage or set out sites. 4560 4561 Additional containers are also available in instances with commercial businesses or multi- 4562 family dwellings. Burrtec will assist the City with waiver -related activities under SB 1383 4563 requirements as listed below. 4564 4565 . Upon customer request 4566 0 Collected and review waiver applications 4567 0 Determining initial qualifications 4568 0 Record keeping and retention 4569 4570 Waivers will be valid for not more than five years. Customers may request a waiver for the 4571 business' organic waste collection requirements if the amounts of organic waste are as 4572 follows. 4573 4574 0 Less than 20 gallons for businesses that produce two cubic yards or more of total 4575 solid waste per week or 4576 0 Less than 10 gallons for businesses that produce less than two cubic yards of total 4577 solid waste per week 4578 4579 Customers with legitimate space constraints requesting a waiver from their obligation to 4580 recycle organic waste should be applicable in limited scenarios. Limited space waiver 4581 requests are expected to decrease in use over time once building standards include 4582 adequate container space requirements for organic waste collection. Physical space 4583 waiver applications will include photographic evidence when submitted for approval. 4584 4585 d. Container Appearance 4586 4587 Variable container sizes will be available to suit customers' individual needs. Burrtec will 4588 provide SB 1383 colors and labels for all container sizes. Labels for each service sector will 4589 maintain continuity with messaging to strengthen the education and outreach efforts. 4590 Residences can expect to see the same prohibited and authorized materials for each container 4591 at their home and place of business. 4592 4593 1) Container Durability 4594 4595 All containers used by Burrtec are durable, easy to clean, and will: 4596 4597 0 Maintain its original shape and appearance 4598 0 Require no routine maintenance and essentially be maintenance -free 4599 0 Not warp, crack, discolor, or otherwise deteriorate over time in a manner that will 4600 interfere with its intended use 4601 0 Resist damage from everyday products and chemicals 4602 0 Be incapable of penetration by biting or clawing animals (i.e., dogs, cats, and 4603 raccoons) 4604 0 Included wheel and axle assemblies to provide continuous maneuverability and 4605 mobility as initially designed and intended FINAL AGREEMENT Page 137 of 184 4606 Resist degradation by ultraviolet radiation, airborne gases, or particulate matter 4607 currently present in the ambient air 4608 4609 Each container will be provided with a lid that continuously overlaps and comes in contact 4610 with the container body or otherwise causes an interface with the container body that 4611 simultaneously: 4612 4613 0 Prevents the intrusion of rainwater, rodents, birds, and flies 4614 0 Prevents the emission of odors 4615 0 Enables the free and complete flow of material from the container during the dump 4616 cycle without interference with the material already deposited in the truck body or 4617 the truck body itself and its lifting mechanism 4618 0 It permits users of the container to conveniently and quickly open and shut the lid 4619 throughout the serviceable life of the container 4620 4621 Cart lid designs prevent an empty container from tilting backward when flipping the lid 4622 open. The lid will be hinged to the cart body in such a manner to enable the lid to be fully 4623 opened, free of tension, to a position whereby it will rest against the backside of the 4624 container body and remains closed in winds up to 25 miles per hour from any direction. 4625 4626 2) Automated Carts 4627 4628 The cart's body, made from up to 40% recycled material content and identified by a unique 4629 serial number will include the company name or brand in a contrasting color. The cart lids 4630 will include text and graphics listing each respective cart's acceptable and non -acceptable 4631 items. General cart use information such as hazardous waste reminders is also included. 4632 Informational graphics will reinforce the cart's intended use and serve as a convenient 4633 reminder to customers. Below are the SB 1383 in -mold labels for trash, recycling, and 4634 organic waste cart lids used in other service areas. ![-1: R BLACK BROWN GREEN BLUE TRASH FOOD ORGANICS RECYCLING FINAL AGREEMENT Page 138 of 184 4636 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647 4648 4649 4650 4651 4652 4653 4654 RECYCLING ONLY SOLO RECICLABLES CLLAN IIMl• Un .liNnl HAin• 111. ,11 UNLAR UnWN r`AUVHMUV Ii0%E3 i.r .,... ,.. I., n[LARTON ACCEPTABLL IIL!MS a ARTILULOS ACLPIAULLS PPLASTSCDBO"SnCU PAPER AND CARDBOARD M� LASS n ri on ... x NON-ACCEV InBFLLIll�(E.,y" nHrICULOS NO ACLPTnBLts RnnU.r�. nnU Nrge RRTEc uii Anw.Nnwn.Nn NiiRn.R ORGANICS ONLY SOLO ORGANICOS NO LIOUIUS • NO OIL • NO PLASTICS • NO HAZARDOUS WASTE ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES LL na •AUru..a.Aw.e cuwScocmAw. Rscarrtna clarTP wNnAxr wNAn Nwax NON -ACCEPTABLE ITEMS • ARTICULOS NO ACEPTABLES 0 ® I 'AY.`.1e l� w.. nd nNwa.a ra•w.+avun �.��..,.. B9 BURRTEC• Nn.n.Y.NnNn.Nn ..iAnaoa FOOD WASTE ONLY SOLO DESECHOS DE COMIDA I NO LIQUIDS • NO RAW MEAT OR SEAR000 • DO NOT BAG • NO HAZARDOUS WASTE ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES NON ACCEPTABLE ITEMS • ANTiOULOB NO ACEPTABLE3 ,... .. dbBURATEC No sc..RNa............Ic 3) Commercial Bins GREEN WASTE ONLY DESECHOS VERDES SOLAMENTE U LIQUIDS • NO TRASH • NO RECYCLABLES • NO HAZARDOUS WASTE No IU ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES .A R. at, A0W AS NON-ACCEPTARLLEEIT�aE,jM,S AIITICUI. Ux ND ACEI'LAHI Eti SuRRTEC.CON 0%B RRTEC NO sc.—G N0 • NO NUAO.A It TRASH ONLY BASURA SOLAMENTE NO LIQUIDS • NOOREEN WASTE • NO RECYCLABLES • NO HAZARDOUS WASTE ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES r a , Pwnc eADs NDEes 011 W11 vIAEERB oarWiNA ARru. NON -ACCEPTABLE ITEMS • ARTICULOS NO ACEPTARLCS ww'aw unNa w:uua ,..•,...vn... ruxN,. www ,., .,.,... ,.-�....ni..n.... RnnRTrn nnN eBURRTEL Nn c.a�runi.,n. un Nnonao %[� 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. Standard Bin Specifications • Plastic durable lid • 14 Gauge construction with flanged corners and horizontal W" 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 FINAL AGREEMENT Page 139 of 184 4655 4656 4657 4658 4659 4660 4661 4662 4663 4664 4665 4671 4672 4673 4674 4675 4676 4677 4678 4679 4680 4681 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 GREEN WASTE ONLY OtSICBOS V0011 "LAVIOTS 9.CS1L>a_ Y7EBOBAIN' RECYCLING ONLY SOLO RECICLABLES ACCEPTABLE ITEMS NON -ACCEPTABLE ITEMS ARTICULOS ACEPTABLES ARTICLIL05 NO ACEPTABLES BURRTEC. COM 0BUR19iC 800-325.9417 FOOD WASTE ONLY SOLO Ot Si CNOS of COM104 if IF 4-W TRASW ONLY BASURA SOLAMENTE ACCEPTABLEITEMS NON -ACCEPTABLE ITEMS ARTICULOS ACEPTABLES AB Ii C U L US NU ACtRI ABLtS GREEN WASTE ONLY DESECHOS VERDES SOLAMENTE ACCEPTABLE ITEMS NON -ACCEPTABLE ITEMS AR1TICULOS ACEPTA1. BLES ARTICULOS NO ACEPTABLES BURRTEC.COM BURRTEC UOD-325.9117 + r NO HAZARDOUS WASTES ACCEPTED 0® ® @ 0 ' 00 MOT PLAY K ON ON AROUND ® L FOR ANYWRiACB CONTAINER YIHTBEPLACEO ON NA/IO LEVEL AND LOADEO LNFORMLV FOOD WASTE ONLY SOLO DESECHOS DE COMIDA ACCEPTABLE ITEMS NON -ACCEPTABLE ITEMS ULOS ACEPTABLES ARTICULOS NO ACEPTABLES BURRTEC.COM IYMTFC 600-323 9417 ORGANICS ONLY SOLO ORGANICOS ACCEPTABLE ITEMS NON-ACCEPTABLEITEMS ARTICULOS ACEPTABLES ARTICULOS NO ACEPTABLES r`► ,A► Nlk ens :fir ,► ®® 4® SURRTEC.COM OBURRTEC 800-32S-9111 Seesnlulls IrprhseeMaa steellel eel reYsrseessileN Ieeisretle rr Ie■I W W Wlnt Y SeAYa.yggt �AIIWMIw.dM _ 40. as hBW OE..YYBT 6.1 Y..�r svYrl.M.YaY I FINAL AGREEMENT Page 140 of 184 4682 e. Container Maintenance Program 4683 4684 Burrtec's container maintenance facility is centrally located in the City of Santa Clarita at 4685 Burrtec's Santa Clarita Hauling Division. Utilizing a local hauling facility allows Burrtec, in many 4686 cases, to complete bin repairs, bin washing, and paint requirements sooner than the contract 4687 requires. Burrtec will maintain an adequate container inventory and parts in sufficient quantities 4688 to deliver or replace containers within five service days of the request. The City will be informed 4689 of inadequate inventory concerns or manufacturer delays. 4690 4691 Burrtec will replace or repair containers observed to be damaged or at the request of the City, 4692 customer, or occupant. Fees may be charged for missing or damaged containers due to the 4693 customer or occupant's negligence. Minor damages that do not impede the ability to collect 4694 materials nor pose a safety concern are generally repaired or replaced on the customer's next 4695 service day. Containers damaged from extraordinary circumstances or requests for repair or 4696 replacement from the City, customer, or occupant will be completed as agreed upon at the time 4697 of notification but no later than as required by the franchise agreement. In all cases, Burrtec 4698 will ensure the customer's safety, and the functionality of containers remains the priority. 4699 4700 3. Route Operations 4701 4702 a) Advantages to Collection Vehicles Chosen 4703 4704 Vehicles are operated in compliance with the California Vehicle Code, applicable safety 4705 standards, and local ordinances. The Burrtec fleet benefits from three specific advantages: 4706 4707 0 Use of alternative renewable fuels. Burrtec's use of alternative fuels minimizes pollution, 4708 reduces fuel costs, and capitalizes on renewable natural gas produced at dairy farms 4709 and landfills. Renewable natural gas procurement further reduces the demand for natural 4710 resources. 4711 • State of the art technology. Many Burrtec vehicles bodies are specifically designed for 4712 longevity and to collect the maximum payload possible using advanced materials such 4713 as Hardox® wear and abrasion -resistant steel. Coupled with the Lytx Safety System 4714 and GPS technology, the number of vehicles and routes required for service is 4715 significantly reduced, eliminating unnecessary wear and tear on City streets. Additional 4716 technological vehicle advances offered to the City of Santa Clarita are highlighted in the 4717 Innovative "Green Approach" section under Environmental Stewardship. 4718 Conscientious of neighborhoods and families. Burrtec's equipment complies with US 4719 EPA noise emission regulations, currently codified in 40 CFR Part 205 and other 4720 applicable noise control regulations. Such noise control features are incorporated 4721 throughout collection vehicles. Noise levels of equipment utilized for collection activities 4722 comply with respective ordinances. They do not exceed 75 dcb when measured at a 4723 distance of 25 feet from the vehicle, five feet from the ground. 4724 FINAL AGREEMENT Page 141 of 184 4725 4726 4727 4728 4729 4730 4731 4732 4733 4734 4735 4736 4737 4738 4739 4740 4741 4742 4743 4744 4745 4746 4747 4748 4749 4750 4751 4752 4753 4754 4755 4756 4757 4758 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 contaminants4 r� - discovered while servicing the routes. Drivers are considerate s 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-- t 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 # of Total On Total # of # of Vehicle Route Operations # of # of # of Route Route Containers Containers Passes Crew Trucks Routes Hours Hours Collected Collected / per Hour Customer per week Residential Trash 1 11 11 118 107 52,825 90 1 Residential 1 86 78 Recycling 8 8 47,181 110 1 Residential 1 8 8 86 78 Organics 54,498 127 1 Commercial Trash 1 8 8 88 80 6,639 14 Up to 6 Commercial 1 5 5 55 50 4,764 16 Up to 6 Recycling Commercial 1 22 20 Organics 2 2 2,132 18 Up to 6 Bulky Collection 1 1 1 10 9 Varies Varies Varies Barrel / Bin 1 10 9 Delivery 1 1 Varies Varies Varies Scout Bin Route 1 1 1 4 3.5 Varies Varies Varies d) Operational Communications 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. FINAL AGREEMENT Page 142 of 184 4759 4760 Before leaving the route for the day, drivers will contact on -site dispatch making their "Last 4761 Call." Last Call communications ensure all work is completed prior to returning to the yard. 4762 Upon returning to the hauling yard, drivers will check in with dispatch to complete a final 4763 reconciliation of scheduled versus completed work. The hauling division's central location in 4764 Santa Clarita allows for rapid response times and same day service in many cases. 4765 4766 The Route Supervisor monitors the status of all Work Orders to ensure timely fulfillment and 4767 weight tickets for DOT compliance. Any CSR can access Work Orders at any time to monitor 4768 status. Work order fulfillment timeliness depends upon the nature of the order. For example, 4769 Dispatch attempts to resolve orders regarding service issues on the day received, while a Bulky 4770 Item collection would be scheduled for the customer's next regular collection day. 4771 4772 e) Driver Contamination Monitoring 4773 4774 Drivers will use two primary methods to determine the type of prohibited container 4775 contaminants they may encounter. These methods consist of process and task identification 4776 techniques used to determine container contamination types that may be present. 4777 4778 Process Identification: Drivers determine what type of business uses the containers serviced. 4779 Suppose a driver is at a fast-food establishment, and there are no recycling or organic waste 4780 collection containers present. In that case, drivers will look for corrugated material or food waste 4781 in the refuse containers during service and report findings accordingly. 4782 4783 Task Identification: Roll off drivers servicing containers at a construction site will notify dispatch 4784 when organic waste is observed in the construction & demolition box that could otherwise have 4785 been collected in an organics container. 4786 4787 Drivers will place notification tags educating customers on prohibited contaminants found. 4788 Burrtec will inform generators on proper container utilization techniques and how contamination 4789 can be corrected at discovery and using standard mail or notifications sent via e-mail. Red tags 4790 are applied to residential customer carts and a visible contamination decal for commercial bins. 47914792 4793 = i7 Q V RRT EC 4794 "We'll Take Care Of It"' 4795 TRASH OR OTHER CONTAMINATION FOUND PLEAS 4796 CONTACT CUSTOMER SERVICE 1-888-BURRTEC 4797 4798 f) Annual Service Level and Billing Audit Approach 4799 4800 1) Audit Plan 4801 4802 Burrtec has developed a comprehensive plan to conduct annual route audits. This plan 4803 utilizes trained Burrtec professionals experienced with equipment, auditing jurisdictions, 4804 and our work order system and the processes required to resolve exceptions. 4805 4806 The route audit will be conducted over multiple weeks, and allows our auditors to physically 4807 visit each customer within the City. Each auditor is fully trained to conduct these audits to 4808 meet all CalRecycle and City requirements. 4809 4810 Auditors are equipped with tablets to document observations in real-time while on the route 4811 and minimize data transfer errors. Each auditor will follow route lists specially designed for 4812 each project which will detail customer account information in such a way as to allow 4813 auditors to capture multiple commodities in a single visit to the customer's location on a 4814 scheduled service day. Completed data will be downloaded nightly and reviewed by the FINAL AGREEMENT Page 143 of 184 4815 audit management team. An exception list will be generated from the data and provided to 4816 appropriate personnel for processing. Exceptions -based work orders will be created for the 4817 operations team to remedy timely and on a customer's future service day. 4818 4819 Burrtec will supply designated City personnel a detailed report upon completing the route 4820 audit containing information on the procedures followed, of the names of the employees 4821 who conducted the audit, a description of changes required resulting from the audit, and a 4822 plan to resolve any exceptions still needing to be rectified. Included in the report presented 4823 to the City will be the backup data. 4824 4825 2) Route Maps 4826 4827 Santa Clarita route maps will be included in the final report. Route maps will consist of city 4828 overviews for residential and commercial customers for each commodity. City boundaries 4829 will be highlighted to demonstrate proof that all routes exist within City limits. 4830 4831 Commercial routes are designed to serve a specific geographic area throughout the week 4832 within City boundaries. Only one map will be shown for each trash, recycling, and organics 4833 commercial route. In addition to route overviews, individual route maps per service day will 4834 be provided for residential collection activities and arranged by commodity. 4835 4836 3) Route Audit Team 4837 4838 The route audit team is comprised of two groups. Burrtec's most seasoned auditor leads 4839 the route audit management team with countless experiences in coordinating, conducting, 4840 and validating account information. Additionally, the route audit management team will 4841 include the Regional Hauling Manager and Santa Clarita Division Manager directly 4842 responsible for the hauling operations within the City of Santa Clarita to remedy any 4843 exceptions generated from the audit. 4844 4845 The route audit team members are comprised of a variety of skill positions within the 4846 organization and operate out of multiple divisions. Route audit team members bring 4847 industry knowledge of container conditions, work order processes, and computer skills, all 4848 necessary to complete the contractual compliance requirement. Route audit team 4849 members range from yardmen, to office staff capable of executing field audit operational 4850 tasks and include seasoned drivers from multiple divisions. 4851 4852 4) Route Audit Team Training 4853 4854 Route audit team training will consist of individual components administered by the route 4855 audit management team. The route audit team has extensive knowledge in completing City 4856 of Santa Clarita commercial audits for nearly two decades, critical to efficient and effective 4857 audit execution. 4858 4859 The first phase of training will be conducted in an office environment. The training will 4860 outline an overview of the audit, including contract requirements, review map orientation 4861 and City boundaries, and familiarization with the iPad and forms completed while onsite. 4862 The second phase of training will consist of bin and cart contamination requirements. Using 4863 actual examples of equipment in the field, the route audit management team will ensure 4864 each auditor clearly understands what container contamination is. 4865 4866 Next, the route audit management team will conduct live field tests with each route auditor. 4867 Field tests ensure proper use of the electronic tablets, confirm auditors understand 4868 expectations, and ensure data transfer and exception reports can be generated from the 4869 information collected by the route audit team. a -IM FINAL AGREEMENT Page 144 of 184 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 Hauling Operations 26000 Springbrook Ave 2.7 miles Santa Clarita, CA 91350 Corporate Offices 9890 Cherry Ave Fontana, 76.5 miles CA 92335 Burrtec proposes delivering solid waste, commingled recyclables, and organics to the facilities listed below. Commodity Disposal Facility Facility Owner Location Distance to City Center Solid Waste/ Chiquita Landfill Waste Connections 29201 Henry Mayo 9.2.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 FINAL AGREEMENT Page 145 of 184 4900 c) Operational Limitations of Recycling and Organic Waste Processing 4901 4902 1) Organic Waste Processing 4903 4904 As of April 7, 2022, Rent -a -Bin is only permitted to accept green waste for chip and grind 4905 processing activities. Recent discussions with Rent -a -Bin have indicated that they are 4906 currently in the permitting phase to process organic waste to include bagged food waste 4907 collected with the green waste, source separated food waste, and manure. Rates and 4908 diversion estimates will not be available until the facility is permitted and constructed 4909 4910 Rent -a -Bin remains the primary facility selected to receive organic waste material. In the 4911 unlikely event, Rent -a -Bin has not received their permits to process organic waste onsite 4912 by July 1, 2023, materials would be delivered to Rent -a -Bin and transferred to Burrtec's 4913 strategic partner, Agromin as an interim solution. 4914 4915 However, in order to receive and transfer the materials to Agromin, the Rent -A -Bin facility 4916 requires a Solid Waste Facility Permit. In the unlikely event Rent -a -Bin has not received 4917 their permits by July 1, 2023, as a temporary solution, Burrtec will use Sun Valley Paper 4918 Stock Material Recovery Facility and Transfer Station to receive and transfer organic 4919 material to an Agromin facility. 4920 4921 As soon as Rent -a -Bin receives the proper permitting and completes facility construction, 4922 appropriate materials will be redirected to Rent -a -Bin. INSun 4925 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 4926 day (TPD) and is permitted for 750 TPD. This is a typical transfer station responsible for 4927 load checking green waste and food waste loads to remove large pieces of contamination 4928 before materials are sent to Agromin's permitted organic waste processing facilities listed 4929 below. The materials will be placed in a pile on the transfer station floor and are typically 4930 transferred the same day. Burrtec has an existing working relationship with Sun Valley 4931 Paper Stock for the transfer of materials for several franchised areas. There is adequate 4932 capacity to receive and transfer the materials from Santa Clarita. 4933 4934 Agromin. With the increase in organic material availability, Burrtec has partnered with 4935 Agromin, established in 1972 is a family -owned and operated company. Agromin is 4936 California's premier organics processor and currently operates nineteen (19) organic 4937 materials processing facilities in California, with plans to develop additional locations. Each 4938 year, Agromin manages over 1.2M tons of organic waste materials through its own 4939 processing facilities and its strategic partners' facilities. With over 200 dedicated 4940 employees working within 15 counties, Agromin proudly serves more than 200 4941 communities throughout California. To date, Agromin has responsibly transformed over 8M 4942 tons of organic waste into organic products for use in agriculture, landscape, and retail 4943 markets. Agromin's compost operation is in compliance with Article 12 Section 18993.1(f) 4944 of SB 1383 regulations. 4945 4946 Agromin Oxnard Organics Recyclinq Facility has been operating for two decades 4947 and has served as a research facility for covered aerated static pile (CASP) 4948 technology. Located in Oxnard, this facility accepts up to 200 tons per days of 4949 green waste, agricultural processing waste, and wood waste. Agromin Oxnard 4950 Compost Facility is permitted and has capacity to accept the Santa Clarita green 4951 waste tonnages. UHAgromin Mountain View Organic Waste Processing Facility has a Solid Waste 4954 Facility Permit and will be operational in late 2022 before the July 1, 2023, 4955 contract date. This facility will receive and process 300 tons per day (TPD) of food FINAL AGREEMENT Page 146 of 184 4956 4957 materials, organic waste, and compostable fibers from the commercial solid waste 4958 collection routes. The resulting 210 TPD of slurry may be used for anaerobic 4959 digestion operations, and may eventually be processed into on -site animal food production and fertilizer. 4960 4961 Agromin Rancho Cristobal Compost Facility is expected to be permitted before 4962 July 1, 2023 and will also have available capacity for Santa Clarita green waste 4963 tons. This site will receive 200 tons per day of green waste for composting in the 4964 hills of Ventura County to produce compost for mine reclamation projects and for 4965 regenerative carbon farming by sequestering compost in the rangelands. Agromin 4966 is concurrently developing partnerships to implement carbon farming on 4967 rangeland, which can be considered for voluntary carbon offset credits. 4968 4969 2) Recyclable Material Processing 4970 4971 Rent -a -Bin cannot offer processing fees or diversion rates until permitting and construction 4972 nears completion. Burrtec has a currently working relationship with Rent -a -Bin and has 4973 frequent and regular communications regarding the current and future facility. 4974 4975 Rent -a -Bin currently accepts single -stream materials generated in the Santa Clarita Valley 4976 for transferring to off -site processors. Burrtec transfers collected materials to its Burbank 4977 Recycle Center (SWIS 19-AA-1149) located at 500 S Flower Street, Burbank, CA 91502. 4978 Until Rent -a -Bin secures permits and constructs a facility, Burrtec will continue to utilize 4979 Rent -a -Bin to transfer its recycling materials to the Burbank recycling facility. 4980 4981 d) How Recyclable Materials Will Be Marketed and Sold, Contingencies 4982 4983 Recyclable Material 4984 4985 Currently, commodity markets are relatively stable. Plastic markets now have more options 4986 to ship to domestic mills. Markets have adjusted to the elimination of China as a significant 4987 consumer of recycled materials. Quality standards remain high and challenge Material 4988 Recovery Facilities, given the contamination levels in most recyclable streams. Shipping 4989 to overseas markets can be complicated with existing trade imbalances, resulting in a lack 4990 of space on outbound ships. Recyclable materials are currently averaging an estimated 4991 $41.33 per ton in gross revenue before processing and residue charges. Burrtec continues 4992 to expand its network of international and domestic outlets and brokerage firms to increase 4993 the marketability of materials collected and diversion potential. 4994 4995 In each case markets fluctuated, Burrtec has been able to address the situation through a 4996 combination of strategies including, but not limited to, sourcing out new markets, improving 4997 processing output quality, and stockpiling material until conditions improve. Burrtec will 4998 continue to use these same strategies in the future and is capable of adding emergency 4999 storage capacity if necessary. 5000 5001 Organic Waste Material 5002 5003 Burrtec will coordinate and cooperate with the City of Santa Clarita to assist in meeting its 5004 recycled organic waste procurement targets as required by SB 1383 regulations. The 5005 following programs should all be considered: 5006 5007 • Community compost giveaway events 5008 • City parks landscape, medians, and turf enhancements where recycled organic 5009 products are used to minimize water usage and improve soils 5010 • Compost used in stormwater detention basins to promote vegetation growth FINAL AGREEMENT Page 147 of 184 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 • 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. 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 Tags Bloodborne Pathogens Code of Safe Practices Confined Spaces Emergency Action Plan Driver Ergonomics Driver Responsibilities Fall Protection Fire Prevention Awareness Hazard Communication Hearing Conservation Heat Illness Prevention Plan -HIPP - Provisions of Water -HIPP - Access to Shade -HIPP - Emergency Procedures -HIPP - Heat -Related Symptoms -HIPP - High Heat Procedures Industrial Lifts (Forklifts) Injury and Illness Prevention Program Lockout / Blockout Program -LO/BO - General Training -LO/BO - Driver Training -LO/BO - Packer Cleaning Procedure Packer System Cleaning & Maintenance Policy Machinery & Equipment Safety Policy Compaction Equipment Personal Protective Equipment Respiratory Protection Awareness Vehicle Fuels & Fuel Safety Automated Collection Activities Commercial Collection Activities Safe Commercial Bin 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 5041 5042 Each vehicle is equipped with a two-way radio, general safety kit, broom, shovel, spill 5043 prevention kit, and fire extinguisher. The Santa Clarita on site dispatch department serves as 5044 the center for all driver -route supervisor -customer service communications. This 5045 communication system enables the field operations staff to promptly address safety issues and FINAL AGREEMENT Page 148 of 184 5046 service encounters such as locked gates, equipment malfunctions, or late set -outs. It also 5047 effectively advises drivers when customers are ready for collection after mitigating a non- 5048 collection issue. 5049 5050 Additional employee trainings include: 5051 Drug & Alcohol Testing Policy Smoking Policy Employee Handbook Acknowledgement Meal Rest Period Policy Cell Phone Policy Paid Sick Leave Policy Employee Privacy & Employee Rights under FMLA Confidentiality Policy DMV Pull Notice Dress Code Policy Acknowledgment Unlawful Harassment & Discrimination Policy DFEH California Family Rights Act Attendance Policy Overweight Policy DFEH Pregnancy Leave 679W5 5053 Burrtec continually works to update its safety program. Following are highlights of the 5054 programs, training, and recently improved systems. 5055 5056 1) Proprietary Backing Accident Prevention Program 5057 5058 The Backing Prevention Program was developed to help field trainers and supervisors 5059 teach and prevent backing accidents from occurring. This training was given to all 5060 management and drivers that operate company on -road equipment and included written 5061 performance tests. Burrtec experienced an immediate reduction in backing accidents. 5062 Today, all new drivers are taught this technique and must pass both tests before driving 5063 equipment on their own. 5064 5065 2) Supervisors Hands -On Prevention Training 5066 5067 Every quarter, the Burrtec management team receives regular safety training. Topics have 5068 included post -accident investigation techniques, interactive trainer training lessons, 5069 regulatory updates, and injury prevention subjects. New management team members also 5070 receive in-depth training in smaller class sizes. 5071 5072 3) Lytx Safety System 5073 5074 In late 2019, Burrtec began the deployment of the Lytx Safety System throughout the entire 5075 fleet. With the help of cameras, g-force sensors, and real-time artificial intelligence 5076 software, management can instantly review safety -sensitive behavior and correct it. 5077 5078 Lytx safety systems help Burrtec ensure that the fleet operates at maximum efficiency, 5079 security, and safety while keeping risks to a minimum and avoiding false claims made 5080 against drivers. Lytx safety systems work by using telematics and vehicle tracking systems 5081 like GPS to record vehicle information sent to advanced software programs that analyze 5082 the stream of data. These software programs offer reports on location, speed, idling time, 5083 mileage, and driver alerts to help Managers discover trends and insights that point to 5084 opportunities for driver efficiency improvements. 5085 5086 The term "telematics" is a combination of two areas of technology; telecommunications and 5087 informatics. Burrtec's system is designed to send data over high-speed cellular 5088 connections. The data contains vehicle location, direction, speed, driver alerts, and 5089 recorded video. 5090 5091 The Lytx safety system has many components with specific best practice uses, such as: FINAL AGREEMENT Page 149 of 184 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 5105 5106 5107 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 5121 5122 5123 5124 5125 5126 5127 5128 5129 5130 5131 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141 5142 5143 5144 5145 5146 • 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. • 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 th 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 Fire Department as a recommended "Best Practice in the County." Burrtec's safety records and its programs for Fall Prot­­j, 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 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: FINAL AGREEMENT Page 150 of 184 5147 5148 0 Driver training on identifying hazardous materials 5149 • Continual education to the customers regarding the dangers of improperly disposing of 5150 hazardous materials 5151 0 Non -collection notices to be attached to a customer's container indicating that 5152 hazardous materials have been identified in the container 5153 0 Informing residential customers of local household hazardous waste collection events 5154 and the City's or County's Hazardous Waste website and phone number. 5155 www..qreensantaclarita.com or 661-259-CITY 5156 0 Labels notifying customers of the prohibition of discarding unpermitted waste in the solid 5157 waste, recyclables, or organic waste containers 5158 5159 In the event hazardous materials are found in the waste stream, Burrtec has established the 5160 following procedures: 5161 5162 • Once the driver identifies a suspected hazardous waste 5163 situation, the local route supervisor is contacted to isolate the 5164 material or load 5165 • The material will be manifested and transported for proper 5166 disposal by a licensed hazardous waste hauler contracted by 5167 Burrtec. Removal of hazardous material will be in accordance 5168 with all local, state, and federal laws and regulations, including 5169 DOT Title 49 CFR and the United States EPA Title 40 CFR 5170 • The local Department of Environmental Health and Director of 5171 Public Works is contacted, and steps are taken to properly clean—up and dispose of the 5172 material. 5173 0 Investigative efforts are made to establish the source of the material and the 5174 generator(s) involved. When sources are identified, the customer is contacted as 5175 appropriate 5176 • Appropriately label containers containing unpermitted waste 5177 5178 Burrtec staff will notify the City if unpermitted waste is identified or suspected to be located on 5179 public property. 5180 5181 d. Health and Safety Management Procedures 5182 5183 Every California employer must establish, implement and maintain a written Injury and Illness 5184 Prevention (IIP) Program. The program must be available at the Santa Clarita Division, each 5185 workplace, or central location if the employer has non -fixed worksites. The requirements for 5186 establishing, implementing, and maintaining an effective written injury and illness prevention 5187 program are in Title 8 of the California Code of Regulations, Section 3203 (T8 CCR 3203). 5188 5189 Burrtec has implemented a comprehensive Injury and Illness Prevention Program (IIPP). The 5190 program is designed to "PREVENT" workplace accidents, injuries and illnesses. Burrtec's Injury 5191 and Illness Prevention Program is complete with communication protocols, training 5192 requirements, and personal protective equipment standards. Burrtec promotes the safest and 5193 healthiest working environment possible for all employees. 5194 5195 1) Communication 5196 5197 Communication is critical to ensuring a safe environment for our employees, the 5198 communities, and customers. Burrtec recognizes that open, two-way communication 5199 between management and staff on health and safety issues, service concerns, and 5200 customer feedback is essential to an injury -free, productive workplace. The following 5201 communication system is designed to facilitate a continuous flow of safety and health FINAL AGREEMENT Page 151 of 184 5202 information between management and staff in a manner that is readily understandable and 5203 consists of the following items: 5204 5205 0 New hire orientation including a discussion of safety and health policies and 5206 procedures 5207 • Annual review of our Injury and Illness Prevention Program 5208 0 Workplace safety and health training programs 5209 0 Driver Training Manual 5210 0 Code of Safe Work Practices 5211 0 Heat Illness Prevention Plan 5212 0 Regularly scheduled and as required safety meetings 5213 0 Specific training as required or when new hazards are identified 5214 0 Weekly tailgate meetings 5215 0 Monthly safety meetings 5216 0 Effective communication of safety and health concerns between workers and 5217 supervisors, including translation 5218 0 Safety quizzes when applicable 5219 0 Safety demonstrations when applicable 5220 0 Posted or distributed safety information and the use of appropriate signage 5221 0 Employee bulletin boards 5222 0 Electronic message boards 5223 0 Heat illness prevention cards 5224 0 Lock Out/Tag Out information cards 5225 A system for workers to inform management about workplace hazards 5226 0 Open communication during tailgates, meetings, and as needed with local 5227 management 5228 0 Direct contact to the Human Resources department outside of the chain of 5229 command 5230 0 During periodic site visits by Human Resources representatives 5231 0 Open door policy at all levels of management, including local, regional, and 5232 executive 5233 0 Safety suggestion box maintained at the facility 5234 • Anonymous reporting system 5235 Program administrators and management team members meet quarterly, review 5236 investigations of accidents and exposures, consider employee suggestions, and 5237 make suggestions to executive management to prevent future incidents. 5238 Company Safety Accident Frequency Review program 5239 5240 Management ensures that all employees communicate and understand all safety and 5241 operational policies and procedures. Managers and supervisors are expected to enforce 5242 the company policies fairly and uniformly. Burrtec ensures that effective communication by 5243 voice, observation, or electronic means is maintained so employees can contact a 5244 supervisor when necessary. Other communication systems have been implemented to 5245 ensure drivers can inform management about workplace hazards or concerns. 5246 5247 2) Training 5248 5249 Burrtec is firmly committed to maintaining a safe and healthy work environment. To achieve 5250 this goal, all newly hired employees have specific, required training that must be 5251 completed. Training is verified and approved after each training phase and before the 5252 employee is released to perform assigned job duties. Working with the Safety Team, 5253 Division Managers have sole responsibility to ensure training is completed and there is 5254 zero -tolerance for employees assigned work without the required training. 6�R101 FINAL AGREEMENT Page 152 of 184 5256 Burrtec intends to reduce the risk of accident and injury to anyone by providing practical 5257 employee training. It is the employee's responsibility to utilize this training and perform their 5258 job safely. The employee clearly understands that safety ALWAYS comes first and 5259 EMPLOYEES are the most valuable asset at Burrtec. Therefore, there is NEVER a good 5260 reason to take a shortcut, compromise safety, or not follow safe work practices. 5261 5262 Phase I Training - Classroom 5263 5264 Initial new hire training for all staff members centers on orientation, health & safety, 5265 and familiarization with the company and its values. Set in the classroom 5266 environment, the initial training phase allows the supervisor, human resources 5267 representative, and senior management to focus on each newly hired employee 5268 individually. Each initiative is structured to promote two-way communication and 5269 includes safety topic quizzes to ensure objectives are understood. 5270 5271 Phase II Training — Practical Application 5272 5273 Drivers undergo additional training in the field and partner with seasoned drivers 5274 or driver trainers before being released to duty. Driver -specific training establishes 5275 weekly initiatives requiring verification, review, and certification confirming that 5276 objectives and performance standards are consistent with company expectations. 5277 The employee must successfully demonstrate each learning objective and perform 5278 the skills test. Practical application reviews are also performed during 5279 unannounced route observations. 5280 5281 Minimum 50 Hour Safety Training Certification 5282 5283 ✓ Read and Understands Concepts in the Handbook 5284 ✓ Can Explain Criteria for CDL Disqualification 5285 ✓ Can Explain Company Cell Phone Policy 5286 ✓ Can Explain the Proper Use of PPE 5287 ✓ Can Explain What To Do in an Emergency, Fire, Spill, or Hazardous Waste 5288 Observation 5289 ✓ Can Explain What To Do if There is an Accident or Injury 5290 ✓ Can Explain the Use of Vehicle Safety Equipment (Lytx Safety System, 5291 Backup Alarm, Fire Extinguisher, Spill Kit, Seat Belt) 5292 5293 Minimum 100 Hour Safety Training Certification 5294 5295 ✓ Demonstrates the Proper Use and Operation of Truck Controls 5296 ✓ Demonstrates the Proper Use and Operation of Hydraulic Controls 5297 ✓ Demonstrates How to Conduct a Proper Pre / Post Trip 5298 ✓ Demonstrates How to Complete a Proper Air Brake Test 5299 ✓ Demonstrates Proper Cab Cleaning and Window Washing Requirements 5300 5301 Minimum 150 Hour Safety Training Certification 5302 5303 ✓ Demonstrates How to Drive Defensively 5304 ✓ Demonstrates Safe Backing Procedures 5305 ✓ Demonstrates How to Lock Out the Vehicle Properly 5306 ✓ Demonstrates How to Clean the Packer per Procedure Properly 5307 ✓ Demonstrates How to Service Containers Safely 5308 ✓ Demonstrates Safe Disposal Site Practices 5309 ✓ Demonstrates How to Fuel the Vehicle Safely 5310 ✓ Successfully pass the Safe Work Practices skills test. 5311 FINAL AGREEMENT Page 153 of 184 5312 5313 5314 5315 5316 5317 5318 5319 5320 5321 5322 5323 5324 5325 5326 5327 5328 5329 5330 5331 5332 5333 5334 5335 5336 5337 5338 5339 5340 5341 5342 5343 5344 5345 5346 5347 5348 5349 5350 5351 5352 5353 5354 5355 5356 5357 5358 5359 5360 5361 5362 5363 5364 5365 5366 5367 • 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). 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. Hard Hat —► Safety Glasses Reflective Uniform;* Shirt Or Reflective vest , Work 11 Gloves 4 ophonae Earplugs and dust mask Burrtec takes great pride in the safety and appearance Spaakloyoprsuporvosor for more .Vfwma• qn, of its employees. The driver's appearance is the first personal contact with customers, leaving a lasting impression. Therefore, the driver's appearance and Work Boots presentation are critical in maintaining good customer (No Tennis Shoes Allowed) -#► 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. FINAL AGREEMENT Page 154 of 184 5368 5369 5370 5371 5372 5373 5374 5375 5376 5377 5378 5379 5380 5381 5382 5383 5384 5385 5386 5387 5388 5389 5390 5391 5392 5393 5394 5395 5396 5397 5398 5399 5400 5401 5402 5403 5404 5405 5406 5407 5408 5409 5410 5411 5412 5413 5414 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. 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 processing 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. FINAL AGREEMENT Page 155 of 184 5415 5416 5417 5418 5419 5420 5421 5422 5423 5424 5425 5426 5427 5428 5429 5430 5431 5432 5433 5434 5435 5436 5437 5438 5439 5440 5441 5442 5443 5444 5445 5446 5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 5457 5458 5459 5460 5461 5462 5463 5464 5465 5466 5467 5468 5469 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 k 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. 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 SB 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 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 FINAL AGREEMENT Page 156 of 184 5470 compliance as they occur. Reports will be transmitted to the City designee electronically as 5471 required. 5472 5473 b. Method Used to Track Tonnage 5474 5475 To supplement SB 1383 compliance monitoring and reporting requirements, Burrtec's Disposal 5476 Reporting System identifies, records, and tracks valuable solid waste, recyclables, and organic 5477 materials collection and disposal information. This Disposal Reporting System allows Burrtec 5478 to provide the jurisdictions with accurate and up-to-date information required to meet all AB 5479 939, AB 341, AB 1594, AB 1826, SB 1383 and landfill -related reporting requirements. 5480 Information submitted to the City is formatted and categorized to reflect the State's Source 5481 Reduction and Recycling Element guidelines and indicates the City's percentage of diverted 5482 materials. 5483 eU—E— 3TEiNDUSTRIES amof5ANrn R]TA co ­,ea w d �e t DO ., m 90 00 5484 5485 5486 c. Process for for Reporting 5487 5488 Customer service representatives document complaint calls in the Customer Record 5489 Management System. Management team members review daily complaint logs ensuring 5490 appropriate resolution and follow-up. Burrtec will coordinate with the City to investigate any 5491 applicable complaints required by SB 1383 regulations. Burrtec's local management team 5492 maintains a computer database log of all applicable oral and written complaints received from 5493 customers or other persons. Complaint records will be provided to the City for periodic review 5494 as required. 5495 5496 7. Scavenging 5497 5498 Burrtec drivers are assigned routes for the long-term, and they quickly become familiar with their 5499 service areas. Burrtec often works with City staff and local agencies as a `Neighborhood Watch on 5500 Wheels.' Burrtec drivers become another set of eyes on the lookout for suspicious activity and 5501 scavenging in this program. Burrtec will make reasonable business efforts to discourage 5502 scavenging. Containers may be marked with language approved by the City and personnel will 5503 advise persons witnessed removing recyclable materials that their conduct is in violation of the City 5504 ordinance and can lead to penalties. Scavenging encounters will be documented and made 5505 available to the City upon request. 5506 5507 5508 FINAL AGREEMENT Page 157 of 184 5509 5510 5511 5512 5513 5514 5515 5516 5517 5518 5519 5520 5521 61WA 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 Facility Approved City Facilities SWIS Number Site Name County Enforcement Agency (LEA/EA) 19-AA-0052 Chiquita Canyon Sanitary Landfill Los Angeles Los Angeles County 5523 Transfer and Processina Facilities 5524 5525 5526 5527 5528 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 i 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 SB 1383. FINAL AGREEMENT Page 158 of 184 5529 Exhibit 10 5530 Sustainability and Compliance Plan 5531 1. The Burrtec Approach to Programs and Facility Requirements 5532 5533 Burrtec's approach to diversion programs and facility development is the right fit for the City of 5534 Santa Clarita, based on knowledge and familiarity with the City's waste stream, and guided by four 5535 principles: 5536 5537 0 Employ Best Management Practices 5538 0 Conform to State guidelines and directions 5539 • Think local 5540 0 Partner with regulatory agencies 5541 5542 a) Best Management Practices 5543 5544 Burrtec's approach to collecting solid waste materials, processing recyclable materials and 5545 organic materials, and disposing of non -recyclable solid waste follow the industry's proven 5546 Best Management Practices, meaning the practices that nationwide are determined to be the 5547 most effective and the most practical from technological, economic, environmental, and 5548 sociological viewpoints. 5549 5550 From the alternatives available (multi -stream recycling, single -stream recycling, and mixed- 5551 waste processing), Burrtec has invested in the Single Stream processing approach for the 5552 following reasons: 5553 5554 • The single -stream approach is the industry's and CalRecycle's Best Management 5555 Practice 5556 0 Waste generators are engaged in helping reach the goal because they make decisions 5557 daily about what to recycle and what to dispose of 5558 0 Waste generators do not need to make the secondary sorting decisions and store the 5559 multiple containers needed for individual commodities that the multi -stream recycling 5560 approach requires 5561 0 Collection of single -stream materials is more efficient and economical than with the 5562 multi -stream approach 5563 • The feedstock quality for materials recovered at the source is far superior to that 5564 recovered from mixed -waste processing 5565 5566 b) State Guidelines 5567 5568 Burrtec's approach is fully compatible with statewide 75 percent diversion goals, which focus 5569 on four components: edible food recovery, source reduction, recycling, and organic waste 5570 material processing. Disposal —related activities like alternative daily cover, transformation, 5571 waste tire -derived fuel, and beneficial reuse at landfill disposal sites do not count toward the 5572 statewide recycling goal. 5573 5574 c) Think Local 5575 5576 Transporting recyclable and organic materials long distances for processing tips the 5577 greenhouse gas scale in the unfavorable direction when the GHGs of long -haul transportation 5578 are included in the formula. For this reason, Burrtec has focused its efforts on facilities such 5579 as Rent -a -Bin located in and near the Santa Clarita Valley communities that it serves. 5580 FINAL AGREEMENT Page 159 of 184 5581 d) Partnership; Standards Development and Education 5582 5583 Burrtec contributes to defining Best Management Practices for Southern California by being 5584 actively involved with State and Regional government. 5585 5586 0 CalRecycle, San Bernardino and Riverside Counties' Local Enforcement Agencies and 5587 local jurisdictions regularly use Burrtec's West Valley Material Recovery Facility for 5588 training workshops and public education purposes 5589 0 Burrtec has hosted an SCAQMD study of air emissions at its West Valley MRF 5590 composting facility for the purpose of developing compost facility air quality standards 5591 0 CalRecycle features Burrtec's SB 1383 Municipal Program Overview as an educational 5592 tool on their SB 1383 Short -Lived Climate Pollutant website. Q MENU CalRecycle2 ound od care (urange Lounryl • Yolo Food Bank (Yolo County) • Yvlo County Edible Food Recovery Program • City of Carlsbad: Edible Food Recovery Program • Burrtec 5B 1383 Municipal Program Overview • City of Palo Alto: Organic Waste Self -Hauler Requirements Mailer 5593 https://www. calrecycle. ca. qov/Organics/SLCP/education 5594 5595 Burrtec senior management are actively engaged with Local Enforcement Agencies and 5596 CalRecycle in the development of regulatory standards for siting, permitting, and operating 5597 organics processing facilities. 5598 5599 2. Meeting Diversion Requirements 5600 5601 The planned three container residential and three -plus container commercial source -separated 5602 diversion programs will be new to some residents and businesses of Santa Clarita. Consequently, 5603 it will take them some time to develop new habits. The SB 1383 added requirement for residential, 5604 mixed organic waste recycling places responsibilities upon jurisdictions to enforce compliance. 5605 Local enforcement of the adopted ordinances will be critical to the success of diversion programs. 5606 Burrtec will begin outreach and waste assessments with commercial and residential customers well 5607 before the Franchise Agreement start date. Per the draft Franchise Agreement for solid waste 5608 collected in the City of Santa Clarita, Burrtec proposes achieving the recycling requirements 5609 outlined in the Agreement. However, Burrtec proposes an alternative diversion calculation 5610 methodology that assures consistency with current and future CalRecycle requirements as further 5611 explained in the exceptions section. 5612 5613 For Agreement Years 2023 and 2024, the minimum annual Franchised Diversion Rate requirement 5614 will be forty percent (40%), and CalRecycle Diversion standards will be fifty-five percent (55%). 5615 5616 For Agreement Years 2025 and 2026, the minimum annual Franchised Diversion Rate requirement 5617 will be forty-five percent (45%), and CalRecycle Diversion standards will be sixty percent (60%). 5618 5619 For Agreement Years 2027 and 2028, the minimum annual Franchised Diversion rate requirement 5620 will be fifty percent (50%), and CalRecycle Diversion standards will be sixty-five percent (65%). 5621 FINAL AGREEMENT Page 160 of 184 5622 5623 5624 5625 5626 5627 5628 5629 5630 5631 5632 5633 5634 5635 5636 5637 5638 5639 5640 5641 5642 5643 5644 5645 5646 5647 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 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 Source Separated Food Waste X X X Manure X X X Edible Food Recovery Assistance X X Sharps Program X X Clean -Up Days X X Paper Shred -Events X X Home Composting Units X X Textile, Carpet, & Mattress Events X X City Sponsored Events X Litter Abatement X Code Enforcement Clean -Up X FINAL AGREEMENT Page 161 of 184 5648 5649 5650 5651 5652 5653 5654 5655 5656 5657 5658 5659 5660 5661 5662 5663 5664 5665 5666 5667 5668 Diversion Programs Single Family Multi- Family Commercial City Services 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. 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. Site Information Rent -a -Bin (Small Vol. CDI Operation) 20745 Santa Clara Street Randfam, Inc. Canyon Country (In Santa Clanta), CA 91351 P O Box 4463 sit. oP.-i... I state, Chatworth, CA 91311 Active Phone: (818) 709-5296 Site Regulatory Status Notification Land Owner(s) Local Enforcement Agency (LEA) County of Los Angeles Name 1 Address Phone Departmentof Public Health Randall, 10731 Detco Ave, Chatsworth, 5050 Commerce Or Howard CA, 91311 Baldwin Park, CA 91706 Phone: (626) 430-5540 b. Sun Valley Paper Stock 8701 San Fernando Road, Sun Valley, CA 91352 Owner/Operator: Sun Valley Paper Stock TS and MRF Site Information Sun Valley Paper Stock MRF and TS 8701 North San Fernando Road Sun Valley (In Los Angeles), CA 91352 sit.ov.ratioeas— Active Site Re 1utory Status Permitted Land Owner(s) Name t Address Young, 14618 Arrow Hwy, Baldwin Park, Stephen A. CA, 91706 op —tor Sun Valley Paper Stock TS and MRF 8701San Fernando Road Sun Valley, CA 91352 Phone: (818) 767-8984 Local Enforcement Agency (LEA) City of Los Angeles Phone Los Angeles Dept of Building & Safety, Local Enforcement Agency Program 221 N Figueroa St Ste 1250 Los Angeles, CA 90012 Phone: (213) 252-3939 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. FINAL AGREEMENT Page 162 of 184 5669 5. Program Schedule 5670 5671 With the approval of the City, Burrtec will do the following prior to the actual Franchise Agreement 5672 start date: 5673 5674 0 Inform and educate customers on the full range of all services offered, including container 5675 exchange and cleaning, annual events schedule, and container utilization protocols 5676 • Advise customers on selecting container sizes to maximize diversion and the potential 5677 cost benefits of increased diversion 5678 0 Education requirements established in SB 1383 regulations not already completed by the 5679 City 5680 0 Provide customers with a comprehensive list of acceptable and non -acceptable items for 5681 each container 5682 0 Recyclable Materials include but are not limited to: 5683 5684 5685 5686 5687 5688 5689 5690 5691 5692 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 -Seafood Grass Cuttings -Shellfish Dead Plants Bones Flowers Rice Leaves Beans Branches Pasta Similar materials generated through landscaping Bread activities Cheese Similar materials generated through construction Eggs and Eggshells activities 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. FINAL AGREEMENT Page 163 of 184 5693 a. First Quarter 5694 5695 Begin meetings with key City staff monthly to review, at a minimum, program 5696 performance, current and anticipated activities, specific outreach performed to promote 5697 high participation in diversion programs, the ability for customers to change service 5698 levels, awareness of additional services, approve methods to monitor contamination, and 5699 customer messaging on diversion programs 5700 Educate City staff and customers on relevant legislative requirements and provide 5701 recommendations to City facilities on increasing recycling participation and decreasing 5702 contamination 5703 Develop and distribute public education and outreach material for all customers 5704 Sustainability/compliance representative(s) begin site visits and provide public education 5705 and outreach to customers supporting diversion requirements 5706 5707 b. Second Quarter 5708 5709 0 Waste evaluations and route reviews for customers and at City facilities 5710 0 Educate City staff on proper container utilization techniques, source reduction, and 5711 prohibiting contamination 5712 • Collaborate with education agencies on Earth Day activities, legislative requirements, 5713 container utilization techniques, and prohibiting contaminants 5714 5715 c. Third Quarter 5716 5717 0 Focus on right -sizing container services at businesses and multi -family facilities based 5718 on a compliance review and results from route reviews conducted 5719 0 Provide the City with Burrtec's Sustainability and Compliance plan for the upcoming year 5720 detailing measures intended to increase participation and diversion, target "problem" 5721 areas, and outline planned education and outreach activities 5722 0 Implement the school education and outreach program at the start of the fall semester. 5723 The program will include but is not limited to school resources, kid's activities, flyers, and 5724 onsite outreach. School programs are tailored to the appropriate education level and the 5725 audience receiving the information 5726 • Annual reporting compilation and submittal 5727 5728 d. Fourth Quarter 5729 5730 • Tier 2 customer identification, education, and outreach activities in preparation of edible 5731 food recovery expansion of generators set to begin in 2024 5732 0 Holiday messaging and collection activities 5733 • Compliance monitoring plan for the upcoming year, including onsite training for service 5734 recipients 5735 • Annual services notice informative brochure development in preparation for annual 5736 distribution 5737 5738 Subsequent years will follow similar formats and will include implementing targeted program 5739 changes, education, and outreach efforts tailored to support diversion requirements based on the 5740 results found in the fieldwork completed. Program modifications and additional education and 5741 outreach activities will first be approved by the City prior to implementation and conform to SIB 1383 5742 regulation requirements. 5743 5744 Understanding that a full complement of on -going education, outreach, and evaluation activities will 5745 be required to achieve the diversion goals outlined in the RFP. The diversion plan schedule below 5746 identifies key milestones completed annually that will support Burrtec's efforts in attaining the City's FINAL AGREEMENT Page 164 of 184 5747 waste diversion goals. Significant attention to potential additional program development and 5748 outreach may be necessary to reach the Franchised Diversion Rate of 60% by 2031. 5749 Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Education & Outreach X X X X X X X X X X Route Reviews X X X X X X X X X X Residential Container Size Adjustments X X X X X X X X X X & Record Keeping X X X X X X X X X X Multi -Family Enforcement Support X X X X X X X X X Diversion X X X X X X X X X X Programs Education & X X X X X X X X X X Outreach Route Reviews X X X X X X X X X X Container Size X X X X X X X X X X Adjustments Commercial Business X X X X X X X X X X Commercial Requirements (includes Education mixed -use Edible Food service Recovery X X X X X X X X X X recipients) Assistance & Education Enforcement X X X X X X X X X Support Record X X X X X X X X X X Keeping Diversion X X X X X X X X X X Programs Reporting X X X X X X X X X X Procurement X X X X X X X X X X Community X X X X Meetings School Education & X X X X X X X X X X Outreach Programs City Community Services Event X X X X X X X X X X Participation Complaint X X X X X X X X X X Investigations Additional X X X X X X X X X X Services Program Evaluation & X X X X X X X X X X Adjustment FINAL AGREEMENT Page 165 of 184 5750 5751 5752 5753 5754 5755 5756 5757 5758 5759 5760 5761 5762 5763 5764 5765 5766 5767 5768 5769 5770 5771 5772 5773 5774 5775 5776 5777 5778 5779 5780 Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Franchised Diversion Rate 40% 40% 45% 45% 50% 50% 55% 55% 60% 60% Goal 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 2029 2030 2031 2032 2033 Rec clables 3,931 8,215 9,645 10,053 11,630 12,960 14,813 15,377 17,399 18,031 18,672 Residential Organics 12,194 24,234 30,472 30,269 33,401 33,164 36,214 35,942 38,906 38,595 38,278 Residue 4,733 9,579 7,519 7,672 8,695 8,005 8,961 9,119 10,122 10,299 10,477 Rec clables 3,776 7,506 8,392 8,338 9,204 9,794 10,698 10,621 11,501 11,413 11,323 Multi Family Organics 1,473 3,085 4,082 4,263 4,939 5,145 5,890 6,123 6,937 7,198 7,462 Residue 1,986 3,988 4,050 4,047 4,493 3,836 4,221 4,221 4,604 4,604 4,604 Commercial Rec clables 3,758 7,445 8,295 8,212 9,032 9,575 10,418 10,301 11,107 10,974 10,839 (includes mixed -use Organics 2,884 5,957 7,780 8,024 9,191 9,469 10,727 11,041 12,392 12744 13,101 service recipients) Residue 2,331 4,680 4,419 4,411 4,892 4,244 4,664 4,660 5,079 5„074 5,069 Rec clables 43 87 91 91 93 94 93 94 92 93 93 Additional Services Organics 68 137 1 142 143 1 146 1 147 1 146 148 1 44 145 146 Residue 167 336 285 287 239 240 196 198 157 159 160 40.30 40.30 45.28 45.28 50.25 50.25 55.23 55.23 60.20 Diversion % % % % % % % % % % 60.20% 60.20% 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. b. Contamination Monitoring Plan Burrtec has developed a comprehensive plan to adhere to the requirements outlined in SB 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 FINAL AGREEMENT Page 166 of 184 5781 reports for all service recipients at least once per year for the first three (3) years of the term. 5782 Thereafter, onsite waste audits will be conducted on a minimum of fifty percent (50%) of 5783 commercial service recipients, with the primary focus on those service recipients with the 5784 lowest program participation or diversion. 5785 5786 c. Route Reviews 5787 5788 Targeted route reviews will be conducted over multiple weeks to support drivers' daily 5789 contamination monitoring activities with multiple personnel. This will allow our auditors to 5790 physically observe required commercial customer's recycling and organic waste containers 5791 annually. Each auditor will undergo a series of training activities in preparation for the route 5792 review. These training activities will include a review of containers utilized, familiarization with 5793 route maps and franchise boundaries, a review of acceptable and unacceptable materials for 5794 each type of container, and training on recording data in the field. Members of the management 5795 team will conduct practice audits, data processing, and contamination noticing for exceptions 5796 identified prior to auditors being deployed in the field to ensure a successful, accurate, and 5797 timely route review. 5798 5799 d. Waste Evaluations 5800 5801 Mindful of the initial impact of residents witnessing auditors evaluate their containers for 5802 prohibited contaminants curbside, Burrtec proposes initially utilizing waste evaluation 5803 processes authorized by SB 1383 for residential sectors. Each evaluation will undergo a series 5804 of sample collections based on the size of the route studied. Contamination data discovered 5805 during the evaluation is documented and photographed. Contamination notices are sent to the 5806 entire route studied, identifying prohibited container contaminates discovered, reminding 5807 residents of proper container utilization techniques, and providing additional information on 5808 source reduction techniques. Drivers witnessing gross contamination or unpermitted waste will 5809 still follow contamination -noticing protocols during the waste evaluation process. Targeted 5810 route reviews follow for areas found to be over allowable contamination standards. 5811 5812 e. Contamination Noticing and Adequate Service Levels 5813 5814 Auditors and drivers will be equipped with technological aids to document observations in real- 5815 time while on the route and minimize data transfer errors. Each auditor will follow route lists 5816 designed explicitly for this project, which will detail customer account information in such a way 5817 as to allow auditors to capture multiple material commodities in a single visit to the customer's 5818 location on a scheduled service day. The Recycling containers shall be considered 5819 contaminated if it contains more than 10% percent Non -Recyclable material by weight or 5820 volume. The Organic Waste containers shall be considered contaminated if it contains more 5821 than 3% percent Non -Organic Waste material by weight or volume. Initial contamination 5822 percentages were consistent with requirements outlined in SB 1383 for diversion of recyclables 5823 and incompatible materials respectively and subject to more stringent standards should route 5824 review results dictate. 5825 5826 Completed audited data is downloaded nightly and reviewed by the management team. An 5827 exception list for customers with inadequate service levels will be generated from the data. It 5828 will be provided to applicable personnel to process and coordinate follow-up onsite 5829 consultations. Container exception -based work orders for identified damage or graffiti will be 5830 created for the operations team to remedy timely or on a customer's future service day based 5831 on the auditor's findings. 5832 5833 Findings of container contaminants greater than the percentage of the container contents 5834 allowed will initially result in a "tag" or warning placed on the container, and the generator will 5835 be provided with educational materials detailing material placement expectations and FINAL AGREEMENT Page 167 of 184 5836 directions outlining how to remedy the conditions found by the driver or auditor. A progressive 5837 list of warnings may be used as follows: 5838 5839 All Single Family, Multifamily, Mixed Use and Commercial Recipients 5840 5841 1st & 2nd Incident Within One Calendar Year - Upon finding container contaminants, the driver 5842 or auditor may photograph contamination. A written notice will be provided to the customer, 5843 including properly separating materials left on the container. A secondary notice will be 5844 provided through direct contact, mailed, or electronically sent. Secondary notifications will 5845 indicate contamination fees assessed for the third and subsequent notifications, and that cart 5846 sizes and quantities may be adjusted. Documentation of contamination occurrences will be 5847 digitally maintained. 5848 5849 3rd or Subsequent Incident Within One Calendar Year- Notifications will be considered 5850 Contamination Violation Notices and include digital documentation. Burrtec will provide a 5851 written notice, including photographs, collect the contaminated container, and charge the 5852 customer a contamination fee. The City will be notified within five business days if container 5853 sizes are increased or the customer has a contamination surcharge imposed. 5854 5855 f. Route Reviews & Waste Evaluations 5856 5857 Burrtec will conduct annual route reviews of commercial businesses and waste evaluations for 5858 residential customers to verify commercial and residential generators' compliance with organic 5859 waste generator requirements outlined in the Contamination Monitoring Plan section. Burrtec 5860 will ideally follow the standard three and four container route review and waste evaluation audit 5861 process shown below; however, an overview of SB 1383 requirements for each type of 5862 container system is located on the following page for reference. 5863 5864 5865 Standard Container Audit Requirements A prisdiction shall mo nitor the—tsiners provided to generators using a three- -tamer or wntalnerorganic waste collection service to min lmi ze prohibited container contaminants in a manner specified below. Waste Evaluation Route — Ravi Eacn Audit Method conwir.er rrpe -An rowel 2x Vear -Annually Distinw Seasons -Random Multiple Areas DESIGNATED ROUTES Loads v — at — facility from throughwt the Notify jurisdiction. Trash loads may Targeted Rwte Education need to be diverted away Review Evidence from the LF w be sampled and evaluated Routes ere based on counli customer Spec�fra-n Nderators r PBneelties 9�^ 2024 sA ....... .. Record Routes less than 1,--25 samples .. Ra�idiia 9 ou Rtes wifi 1,5003sa ,999-30 mples KeePIfl Routes with 4,000, 6,999=35 samples NO Rowel with 7,000+= 40 sam0es iJSa FINAL AGREEMENT Page 168 of 184 Container Contamination Minimization Performance Based System A jurisdiction shall monitor the containers provided to generators using a three -container or twocontainer organic waste collection service to minimize prohibited container contaminants in a manner specified below. Waste Evaluation Standard Mixed Waste Mixed Waste Blue &Green Container Type Three Container Two Container One Container a Year System System System Gray Quarterly Multiple Areas/Seasons Waste Route Evaluation Each Review -All Routes Container Type Audit Method Audiis Between -Annually 'I 21 Year y Distinct Seasons -Random Not Required 25-40 Samples per WC Multiple -Not Every Based on Route Areas Container Size Between 25-40 No +25 oRBsidue Samples per WC Notify Based on Route Targeted Route Any study Education Size Review Evidence Specificto Penalties Yes Generators From Study Begin 2024 2i,Consecutive No +25%Resldue�Yes WC Failure Any study r Yes No Record Keeping 5866 Implement Standard Three Container Collection System 5867 5868 g. Route Review Efficiency 5869 5870 Where possible and as approved by the City, Burrtec will attempt to reduce cost impacts and 5871 minimize additional labor necessary to comply with contamination monitoring requirements. 5872 Operational activities will be customized to facilitate regulatory review requirements by 5873 capitalizing on existing programs and Burrtec's material recovery facilities. 5874 5875 8. Air Emission Reduction 5876 5877 Organic waste diversion offers many environmental benefits. Burrtec facility's organic 5878 management program is designed to utilize the most effective technologies to reduce greenhouse 5879 gas emissions, generate renewable energy, and reduce the use of chemical fertilizers in agriculture. 5880 Burrtec has fully embraced SB 1383's intention to mitigate the effects of climate change by 5881 producing high -quality soil amendments for agriculture and farming as well as organic slurries used 5882 in anaerobic digesters. 5883 5884 The Burrtec West Valley Material Recovery Facility compost operation uses covered aerated static 5885 piles to aerobically decompose organics into useable compost, significantly reducing odors, bio- 5886 aerosols, and particulate matter emissions. The incoming feedstock of green and food material is 5887 received, contamination removed, and material ground in the receiving area. The mixture is piled 5888 into windrows and covered atop a controlled aerated system. Temperature and oxygen probes 5889 monitor the decomposition process as air is blown through the composting pile and passes a bio- 5890 filter. Once the retention time in the system has passed, and pathogen reduction requirements 5891 consistent with 14 CCR 17868.3 met, the material is moved to open curing piles for 30 to 60 days 5892 prior to shipment. 5893 FINAL AGREEMENT Page 169 of 184 5894 5895 5896 5897 5898 5899 5900 5901 5902 5903 5904 5905 5906 5907 5908 5909 5910 5911 5912 5913 5914 5915 5916 5917 5918 5919 5920 5921 5922 5923 5924 5925 5926 5927 5928 5929 5930 5931 5932 5933 5934 5935 5936 5937 5938 5939 5940 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 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 FINAL AGREEMENT Page 170 of 184 5941 0 Facilities utilize energy -efficient lighting in offices, shop, and general work areas when 5942 possible 5943 0 Lighting controls in parking lots and common areas are automated via a timer system and 5944 adjusted as needed 5945 0 In order to conserve electricity, most offices have motion sensors to turn lights off when 5946 offices are unoccupied 5947 5948 b. Waste Reduction and Reuse 5949 5950 0 Mattress recycling is not a BLUE container program but nonetheless is a vital diversion 5951 opportunity worthy of mention. Burrtec participates in California's mattress stewardship 5952 program in which the sale of each mattress includes a fee to support mattress recycling 5953 0 Commonly referred to as Styrofoam, white expanded polystyrene foam ("EPS") is used in 5954 clamshell-type food containers, coffee cups, and packaging material in the form of sheets, 5955 blocks, and 'peanuts'. These items may be identified by the #6 recycling symbol. Burrtec 5956 uses a densifier to consolidate polystyrene foam efficiently. In the process, the foam is 5957 crushed and shredded into small particles that are thermochemically heated and extruded 5958 into dense ingots 1/90th their original volume. The palletized polystyrene ingots are 5959 shipped to businesses in California that remanufacture the foam into a variety of consumer 5960 goods ranging from picture frames to green building materials and nursery plant 5961 containers. 5962 Waste to energy conversion technologies are utilized to further divert material from the 5963 landfill and to produce useful energy that is delivered to the regional power supply 5964 network. Residue materials from the recyclable materials processed are transported to 5965 fully permitted waste to energy facilities. The conversion/transformation credit ranges 5966 from 70% to 90% diversion with recent averages closer to 80%. Additionally, the ash from 5967 the incineration process is used to generate road base material for use in constructing 5968 landfill roads 5969 0 Food waste recycling programs are in place in employee kitchen areas where regional 5970 organics processing outlets are available 5971 0 Burrtec's management team members meet to review company sustainability programs, 5972 evaluate the performance of their employee's participation in programs, and develop new 5973 programs. 5974 0 Facility commingled recycling program. All offices utilize a two -bin system for recyclable 5975 and non -recyclable materials. All recyclables are recovered and recycled 5976 • The Company provides reusable drinking cups 5977 0 Replaced individual drinking water bottles with water dispensing systems 5978 5979 c. Procurement 5980 5981 0 Procurement of waste and recycling office containers, office supplies, promotional items, 5982 etc., is based partly on recycled content 5983 0 Ink cartridges are returned to manufacture for recycling 5984 • All damaged automated carts are recycled, and all -new cart purchases have recycled 5985 content 5986 0 Procurement of compost or mulch materials in sufficient quantities to assist the City in 5987 meeting SB 1383 requirements. Mulch delivery can be provided in lieu of compost if the 5988 City has an enforceable mechanism or ordinance in place per 14 CCR 18993.1(f) ensuring 5989 proper renewable organic recovery requirements are met. This program will further 5990 promote viable alternatives as best use options for processed green waste and organic 5991 materials 5992 5993 d. Other 5994 5995 Burrtec has developed a vehicle maintenance program that maximizes the efficiency of 5996 our fleet and minimizes our environmental impact. Using Amsoil synthetic lubricants and FINAL AGREEMENT Page 171 of 184 5997 high -efficiency filtration products, we have reduced our fleet's oil consumption by over 5998 60% and our lubricants by more than 50%. Benefits of Amsoil include 5999 0 Reduced emissions 6000 0 Increased fuel efficiency 6001 0 Longer lasting fleet 6002 0 Reduced dependence on foreign oil and petroleum -based products 6003 0 Used oils, fluids, and filters from all vehicles are collected and processed for reuse 6004 • Tire recycling program. Worn tires are inspected for DOT compliance and re -treaded, 6005 when possible, to reduce the use of virgin materials 6006 0 E-waste and Battery recycling programs are in place at Burrtec facilities and offices 6007 0 Metal scrap from maintenance shop truck body repairs is recycled 6008 6009 These practices will continue with implementing the exclusive franchise agreements awarded 6010 by the City of Santa Clarita. New and/or updated practices will be incorporated into our 6011 operations as program alternatives become practical. 6012 6013 11. Use of Local Vendors 6014 6015 In addition to the City resources required to operate Burrtec's Santa Clarita Hauling Division located 6016 at 26000 Springbrook Avenue #101, Burrtec utilizes the following local vendors: 6017 6018 • Truck and equipment related vendors such as truck repair, electrical, plumbing, pest control, 6019 & vehicle washing 6020 0 Firms such as legal counsel, public relations, media advertising 6021 0 Landfill - Chiquita Canyon 6022 0 Recycling Processor - Rent -a -Bin 6023 0 Participation in the Santa Clarita Valley Chamber of Commerce, VIA and KHTS activities 6024 6025 Nearly 15% of the employees working in the Santa Clarita Hauling Division call the City of Santa 6026 Clarita home, including its division manager. Santa Clarita residents' use of local vendors, in 6027 addition to the fifty-five (55+) employees currently working daily at the Santa Clarita Hauling 6028 division, for nearly two decades, make it difficult to quantify but an essential part of the City's local 6029 economy. 6030 6031 12. Innovative "Green Approach" 6032 6033 a. Electric Collection Vehicle Technolociv 6034 6035 Burrtec is pleased to offer an electric -powered collection vehicle for full-time operation in the 6036 City of Santa Clarita to demonstrate the next generation of cleaner collection vehicles. This 6037 enhancement comes at no additional cost to ratepayers or the City. 6038 6039 Burrtec has been closely following the development of electric -powered collection vehicles and 6040 has concluded that the technology is 'route -ready' under the right circumstances. Electric- 6041 powered trucks will provide cleaner, healthier air will be quieter in neighborhoods, and power 6042 requirements will be met partly from renewable resources (estimated at 30+% and increasing 6043 each year). 6044 6045 Burrtec has ordered six electric -powered collection vehicles from Autocar for delivery in 2022. 6046 The Autocar ACX chassis will be powered by BLUE Horizon 14Xe ePowertrain supplied by 6047 Meritor, Inc. from its North Carolina production facilities. FINAL AGREEMENT Page 172 of 184 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 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 14Xe 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. West Valley Material Recovery Facility 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- FINAL AGREEMENT Page 173 of 184 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 6115 6116 6117 6118 6119 6120 6121 6122 6123 6124 6125 6126 6127 6128 6129 6130 6131 6132 6133 6134 6135 6136 6137 6138 6139 6140 6141 6142 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. 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 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: FINAL AGREEMENT Page 174 of 184 6143 6144 6145 6146 6147 6148 6149 6150 6151 6152 6153 6154 6155 6156 6157 6158 6159 6160 6161 6162 6163 6164 6165 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 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 BURR7EG Future SB 1383 High Diversion Organic Waste Processing -Material Flow Diagram * AG RO M I N Rnsidontul Cc_n Organics to ft-P easing (" al Organics to Anaerobic Digestion Commerclal Mi. �,d Materials to OREX Commercial Organics MSW to OREX ef1RF �! ,,�[.C4 Enwoseu Proce>wly .,oe w sane cr�a loam Wood a G­ R Ag­ 1n.1 ftoWWM AM� Green & Food Waste IComm«rgirc �� R�gb Dherabn Yiub Reuaakrg Fatiliry y — Yarket5 r .me �i� �► Campoat F Ybef � = Anaorobk Dig-- Fueling semi Try ka I AA An` .er=a J' � �eAw aft �- FU q Gabage Tn Source SeparateC �i OREI(OPS A IF —Fill) �SSO) AdvarxM� wr x... .�.�. 'f� Organi RoeYeling x. �.,e,.. f' �` I/ Fuab� T Garbage ructa (.1UraCpy S,,( , `� (Slow Fill) Waste ihl«•/� Rosary Oru _ Reac�oe 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. FINAL AGREEMENT Page 175 of 184 6166 6167 6168 6169 6170 6171 6172 6173 6174 6175 6176 6177 6178 6179 6180 6181 6182 6183 6184 6185 6186 6187 6188 6189 6190 6191 6192 6193 6194 6195 6196 Rehrig Pacific uses 60 million pounds of recycled post -consumer plastic diverted from 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 first -of -its -kind process that allows Rehrig to combine virgin plastic with unmatched volumes of recycled material. The result is a product that contains more The first cart made with recycled material than previously thought possible ocean -bound plastics. without compromising the structural integrity or appearance of the final product. the 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. FINAL AGREEMENT Page 176 of 184 6197 6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 6211 6212 6213 6214 6215 6216 6217 6218 6219 6220 6221 6222 6223 6224 6225 6226 6227 6228 6229 6230 6231 6232 6233 6234 6235 6236 6237 6238 6239 6240 6241 6242 6243 6244 6245 6246 6247 6248 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 SB 1833 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. FINAL AGREEMENT Page 177 of 184 6249 6250 6251 6252 6253 6254 6255 6256 6257 6258 6259 6260 6261 6262 6263 6264 6265 6266 6267 6268 6269 6270 6271 6272 6273 6274 6275 6276 6277 6278 6279 6280 6281 6282 6283 6284 6285 6286 6287 6288 6289 6290 6291 6292 6293 6294 6295 6296 6297 6298 6299 6300 6301 6302 6303 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 • Information on the organic waste generator's requirements to follow proper container utilization techniques and edible food donation 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 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. FINAL AGREEMENT Page 178 of 184 6304 6305 6306 6307 6308 6309 6310 6311 6312 6313 6314 6315 6316 6317 6318 6319 6320 6321 6322 6323 6324 6325 6326 6327 6328 6329 6330 6331 6332 6333 6334 6335 6336 6337 6338 6339 6340 6341 6342 6343 6344 6345 6346 6347 6348 6349 6350 6351 6352 6353 6354 6355 6356 6357 • 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 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 • Benefits of source separation, reduction, and prevention of solid waste FINAL AGREEMENT Page 179 of 184 6358 6359 6360 6361 6362 6363 6364 6365 6366 6367 6368 6369 6370 6371 6372 6373 6374 6375 6376 6377 6378 6379 6380 6381 6382 6383 6384 6385 6386 6387 6388 6389 6390 6391 6392 6393 6394 6395 6396 6397 6398 6399 6400 6401 6402 6403 6404 6405 6406 6407 6408 6409 6410 6411 • Information on how organic waste is diverted from the landfill • Methane reduction benefits of reducing organic waste in landfills • Bulky Items • Illegal Dumping • Cleaning Containers • Holiday Schedule • Commingling of Solid Wastes • 4 R's, reduce - reuse - recycle - rethink • Carts left in the street • Unpermitted Waste disposal • New solid waste laws • Articles specific to service areas such as palm fronds 3) Special Event Announcements Happy Memorial Day BURRTEC In observance of Memorial Day Burrtec will be closed Monday May 29'". 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 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"x11" 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. FINAL AGREEMENT Page 180 of 184 6412 6413 6414 6415 6416 6417 6418 6419 6420 6421 6422 6423 6424 6425 6426 6427 6428 6429 6430 6431 6432 6433 6434 6435 6436 6437 6438 6439 6440 6441 6442 6443 6444 6445 6446 6447 6448 6449 6450 6451 6452 6453 6454 6455 6456 6457 6458 6459 6460 6461 6462 6463 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, NON COLLECTION NOTICE educational materials including source reduction JIMOORTANT1 I«IAP.00RTAp„EI techniques, benefits of participation in collection programs, ability, and suggestions to "right -size" - containers, and methods to reduce 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 �. auarrrEc n• 1800�3TS9a�IT�m 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: 6464 Facebook: www.facebook.com/burrtecscv 6465 Twitter: https://twitter.com/burrtecwaste FINAL AGREEMENT Page 181 of 184 6466 "► Instagram: https://www.instagram.com/burrtecscv 6467 0 YouTube: https://www.voutube.com/channel/UCaaJ5 Ea4Nx1 EY4LDDAS9CA 6468 ® Linkedln: https://www.linkedin.com/company/burrtec-waste-industries 6469 6470 e. City, School, Facilities, and Business Community Programs 6471 6472 Partnering with schools, city facilities, businesses, and community programs is crucial in 6473 ensuring methods to reduce contamination are successfully disseminated throughout the 6474 community. Participation in events such as, but not limited to, will include: 6475 6476 • Community and School Earth Day activities 6477 • SCV Chamber of Commerce meetings 6478 • VIA Meetings 6479 0 Rotary Club meetings 6480 • Oldtown Newhall's Senses 6481 • Santa Clarita Valley Certified Farmer's Markets 6482 • The Learning Center at the Newhall Library and others 6483 • The KHTS Home and Garden Show 6484 . HOA meetings 6485 0 Non -Profit Events 6486 • Churches, neighborhood and community groups, and other informal networking 6487 activities 6488 6489 f. "Recycling All -Star" Awards 6490 6491 Effective recycling efforts are an integral part to a successful recycling and organic waste 6492 diversion program. To reinforce these diversion efforts, Burrtec will provide annual recognition 6493 to participants meeting program standards. Education and outreach activities will encourage 6494 participants to actively engage in programs and become a "Recycling All -Star." Randomly 6495 selected participants are eligible to receive recognition at November City Council meetings. 6496 The Contest information and program winners are announced in the quarterly newsletters. 6497 6498 g. City Staff Training 6499 6500 Department staff, Code Enforcement, and janitorial staff will be trained at the City's scheduled 6501 date and time on the following topics: 6502 6503 0 Collection Programs and Full Range of Additional Services 6504 0 Regulatory Requirements and Relevant State Legislation 6505 0 Methods to Reduce Contamination 6506 0 Source Reduction Techniques 6507 • Acceptable Materials 6508 0 Benefits to Participation in Recycling Programs 6509 0 Record -Keeping Requirements 6510 0 Purchasing Policy Requirements 6511 0 CalGreen and MWELO Requirements 6512 0 Enforcement and Inspection Requirements 6513 . Best Management Practices 6514 FINAL AGREEMENT Page 182 of 184 6515 3. Methods to Reduce Contamination 6516 6517 Burrtec will utilize several methods to reduce contamination and ensure diversion goals are met in 6518 Santa Clarita. Burrtec's experience with program implementations have shown that no one method 6519 can be relied upon, but rather a flexible, multi -faceted approach is required. Burrtec will develop an 6520 explicitly tailored program, designed with expert local knowledge, local community engagement, 6521 and local participation for Santa. Below is a list of primary methods that will be utilized to achieve 6522 program goals: 6523 6524 0 Education, Education, Education. Ensuring customers understand program requirements 6525 is the first critical component to achieving stated goals 6526 0 Participation in Community and School Events. Participating in community events and local 6527 schools to demonstrate how proper container utilization works and reduce contamination is 6528 another critical component to achieving stated goals 6529 • Generator Feedback. Through onsite waste consultations with businesses, contamination 6530 notices, targeted education, and outreach, and ultimately notices of violation, and individual 6531 generator feedback is critical to achieving stated goals 6532 0 Data Analysis. The use of route review and waste evaluation results in conjunction with 6533 community waste characterization data will assist in targeting high contamination generators 6534 0 Equipment Readiness. Operation's readiness to deploy additional containers, exchange 6535 container sizes, and respond to customer requests is critical to ensure contamination 6536 minimization efforts are successful 6537 • Technology. Burrtec's continued efforts to upgrade and utilize state-of-the-art equipment at 6538 recovery facilities works and partner with leading industry experts in composting to ensure 6539 diversion goals can be met 6540 6541 4. Benefits of Participation 6542 6543 Burrtec will focus on the following elements to inform customers of the benefits of recycling and 6544 organic waste collection programs: 6545 6546 0 Information on how recycling conserves natural resources 6547 0 Information on how participating in recycling programs prevents pollution by reducing the 6548 need for raw materials 6549 0 Information on methods to recycle organic waste onsite, sending organic waste to 6550 community composting, and any other local requirements regarding organic waste 6551 0 Information regarding the methane and greenhouse gas reduction benefits of reducing the 6552 local Santa Clarita Valley landfill disposal of organic waste 6553 0 Information on the methods of organic waste recovery 6554 0 Information related to the public health and safety, and environmental impacts associated 6555 with the landfill disposal of organic waste 6556 0 Information regarding programs for donating edible food through the City of Santa Clarita's 6557 Edible Food Recovery Program which helps those who are food insecure 6558 0 Information about food recovery organizations and services operating within the City of 6559 Santa Clarita, including a list of those services 6560 • Information about actions that commercial edible food generators can take to prevent the 6561 creation of food waste FINAL AGREEMENT Page 183 of 184 6562 6563 6564 6565 6566 Exhibit 12 Acceptable Recyclable Materials Recyclable Materials include but are not limited to: Aluminum cans I Magazines/catalogs Aerosol cans I Newspaper Aseptic containers Paper Brochures Paper tubes Cardboard Phone books Cereal boxes I Pizza boxes Clothes hangers Plastic containers #147 Computer paper Plastic film Coupons Plastic milk jugs Envelopes I Plastic bags Frozen food boxes and trays Polystyrene (Styrofoam) Glass bottles/jars Tin cans Glass cosmetic bottles Tissue boxes June mail I Wrapping paper Laundry bottles FINAL AGREEMENT Page 184 of 184 2 AMENDED AND RESTATED AGREEMENT 3 FOR THE PROVISION OF 4 5 GARBAGE, RECYCLABLE MATERIALS AND 6 ORGANIC WASTE COLLECTION SERVICES a Executed Between the 9 City of Santa Clarita and Burrtec Waste Industries Inc. 10 11 Amended 12 November 12, 2024 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 TABLE OF CONTENTS Collection Services Agreement Article1. Definitions.................................................................................................................. 86 Article 2. Term of Agreement.................................................................................................... 18 Article 3. Conditions Governing Services Provided by Contractor ........................................... 18 Article 4. Franchise Fees and Payments.................................................................................. 20 Article 5. General Requirements............................................................................................... 22 Article 6. Collection Service Rates............................................................................................ 28 Article 7. Collection Service Billing........................................................................................... 32 Article 8. Diversion Requirements............................................................................................ 33 Article 9. Service Unit Types..................................................................................................... 36 Article 10. Residential Service.......................................................................................... 39 Article 11. MrL) Servise......................................................................4,3Article 11. MFD Service 44 Article 12. Commercial Service.................................................................................................50 Ar+,r-le 12 Mixed Use Dwelli gvePV,oe ( Y^„��57Article 13. Mixed Use Dwelling Service (MXD) 58 Article 14. City Services........................................................................................................ 55-758 Article 15. Additional Services.................................................................................................. 59 �.++,m'L- 16 �t;�Rc)- s 60Article 16. Collection Routes 61 Article 17 x�-maRGea^�'�Pers+e^ c' d;4rds................... 63. Minimum Performance and Diversion Standards................................................................................. 6061 Article 18. Collection Eq ipment.66Article 18.Collection Equipment .................................... 64 Article 19. Contractor's Office............................................................................................... rF. FINAL AGREEMENT Page 2 of 192 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Article 20. Contractor Support Services............................................................................... 6768 Article 21. Emergency Service.................................................................................................. 72 22 o,.AaF k „VRe199FtiRg Requirements ..... 75Article 22. Record Keeping and nd Reporting Requirements...............................................7-27 .+.... .. n�......;........... ...80Articie 23. Nonaiscrimination 78 °r+;^'oezz4—oew,se'nguiFesa^�'a GemplaiRtS . 80Article 24. Service Inquiries and Complaints 78 Article 25 Quality Pe ace of Contractor81Article 25. Quality of Performance of Contractor 79 A.rtmr- -zR oerfor.,,�^^^ R^"' 83Article 26. Performance Bond 81 4tae;e27 '^,.-� MaMe 83Article 27. Insurance . .......................................................................... 8310 Article 28. Hold Harmless and Indemnification..................................................................... 8384 Article 29.Dera '�.ro agreement ........................................... 85Article 29. Default of Agreement 87 Article 30. Modifications to the Agreement........................................................................... 8889 Article 31. Legal Representation........................................................................................... 8990 or+i^le K Genfl + At , . ... °QArticle 32. Conflict of Interest 90 Article 33. Contractor's Personnel ...................................... 89Article 33. Contractor's Personnel 91 Ar+,o'e 34.Ewe rnpt Waste.................................................................91 Article 34. Exempt Waste 92 FtiG.'e 35. lRdeyeadeat GeRtra^+^ 91Article 35. Independent Contractor 92 Article 36. Laws to Govern ............................................................. 92Article 36. Laws to Govern FINAL AGREEMENT Page 3 of 192 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 Mode 37. Consent to jurosdiction......................................92Article 37. Consent to Jurisdiction AFtiGle 38. °ssip.neat..........................................................................92Article 93 ArtTole 39. Compliance with Laws 94 .+lpqn. o+; A ... ..s 94 Artmr--q1 &Af,.,neFship of VVFittea n�n��+eria 94 A..+,s'e 4z?a:Per..........................................................................................93Article 38. Assignment ....................................... 92Article 39. Compliance with Laws ..........................................93Article 40. Permits and Licenses s 93Article 41. Ownership of Written Materials 42. Waiver 94 Artiole 43. Prohibition Against Gifts ..................................93Article 43. Prohibition Against Gifts 95 A#Tole 4 4. Pent of Contact............................................................93Article 44. Point of Contact 95 A.+,mke 45 n+; es........................................................................................94Article 45. Notices 95 Artiole 46. Transitien to Next Contractor ................... 94Article 46. Transition to Next Contractor 96 A.+,mk-q7 r,, r;;r-t r�s Re6oTds 95Article 47. Contractor's Records 96 °r+s'e��.€at..reAgFeemeat....................................................... 9-6-Article 48. Entire Agreement 97 Ar+,s'e49 Severabilit............................................................................96Article 49. Severability 97 Article 50. Right to Reese Performance ................96Article 50. Right to Require Performance 97 °r+s'e51 All °greemeatsSuperseded .... 96Article 51. All Prior Agreements Superseded 97 FINAL AGREEMENT Page 4 of 192 02 Article 52.Head:ags................................................................................. 96Article 52. Headings 03 98 04 A..+.... 5...€�h:".,ts....................................................................................... 96Article 53. Exhibits 05 98 06 Article 54. Attorneys Fees............................................................. 97Article 54. Attorney's Fees 07 98 08 AF is.'e 55—. € festi.,^ n^+^................................................................... 97Article 55. Effective Date 09 98 10 Exhibit 1 Gity AppFevedSew,se Rees 9-9-Exhibit 1 City Approved Service Rates 11................................................................................................................................................. 100 12 Exhibit 2 5i+�asered Events......................................1Q-3Exhibit 2 City Sponsored Events 13................................................................................................................................................. 104 14 Exhibit 3 List of Gity Properties and Current Service Levels ...............104Exhibit 3 List of City 15 Properties and Current Service Levels................................................................................... 105 16 Exhibit A Collection (`.Maine. SpecificationsiNExhibit 4 Collection Container Specifications 17 108 118 Exhibit 5 Transition Plan........................................................................................................ 110 119 Exhibit 6 Administrative Charges and Penalties................................................................... 119 120 Exhibit 7 Customer Service Plan........................................................................................... 121 21 Exhihit Q r ue +,OR Se12V Ge Ope.atio s PlanI26fthibit 8 Collection Service Operations Plan 22................................................................................................................................................. 127 23 Exhibit o Gity AppFeved PFOGessiRg a d Disposal r�;l,+;es I57Exhibit 9 City -Approved 24 Processing and Disposal Facilities......................................................................................... 158 25 Exhihit 10 c„staiRability and GernpliaR .e Pla 'r4°Exhibit 10 Sustainability and Compliance 26 Plan..........................................................................................................................................159 27 €xhmhmt 11 Qn„+re d F=dm,,.;;+,, n Pl;;n 176Exhibit 11 Outreach and Education Plan 28 177 29 Exhibit 12 Acceptable ResjGla"nie 1. Exhibit 12 Acceptable Recyclable Materials 30 184 FINAL AGREEMENT Page 5 of 192 131 FINAL AGREEMENT Page 6 of 192 132 Contractor shall commence performance of its Collection Service obligations under this agreement 133 on July 1, 2023 ("Commencement Date"), Agreement is between the City of Santa Clarita, a general law 134 city of the State of California, referred to as "City" and Burrtec Waste Industries Inc corporation referred to 135 as "Contractor". 136 The Legislature of the State of California, by enactment of the California Integrated Waste 137 Management Act of 1989 (the "Act") and subsequent additions and amendments (codified at California 138 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 139 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 140 The State of California has found and declared that the amount of garbage generated in California, 141 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 142 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 143 implement an aggressive integrated waste management program. The State has, through enactment of the 144 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 145 to maximize the use of feasible garbage reduction, re -use, recycling, and composting options in order to 146 reduce the amount of garbage that must be disposed of in disposal sites. 147 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be 148 amended from time to time, City has determined that the public health, safety, and well-being require that 149 an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable 150 materials, and organic waste materials, except for collection of materials excluded in City's Municipal Code, 151 and other services related to meeting the Act's 50 percent diversion goal and other requirements of the Act. 152 City further declares its intent to regulate and set the maximum rates Contractor may charge Service 153 Recipients for the collection, transportation, processing, recycling, composting, and/or disposal of garbage, 154 recyclable materials, and organic waste materials. 155 The City Council has determined that Contractor, by demonstrated experience, reputation and 156 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste 157 materials within the corporate limits of City, the transportation of such material to appropriate places for 158 processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to 159 perform such services on the basis set forth in this Agreement; and, 160 Contractor has represented that it has the ability and capacity to provide for the collection of garbage, 161 recyclable materials, and organic waste materials within the corporate limits of City; the transportation of 162 such material to appropriate places for processing, recycling, composting and/or disposal; and the 163 processing of materials. 164 The Parties agree that solid waste Collection Services shall be provided pursuant to this Agreement 165 as of 12:00 a.m. July 1, 2023 ("Effective Date") at which time this Agreement shall be controlling. 166 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained 167 in this Agreement, City and Contractor agree as follows: 168 FINAL AGREEMENT Page 7 of 192 169 Article 1. Definitions 170 For the purpose of this Collection Services Agreement, referred to as "Agreement, the definitions contained 171 in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used 172 in the present tense include the future, words in the plural include the singular, and words in the singular 173 include the plural. Use of the masculine gender includes the feminine gender. The meaning of terms or 174 words not defined in this Article will be as commonly understood in the solid waste collection services 175 industry when the common understanding is uncertain. 176 1.01 AB 341. "AB 341" means State of California Assembly Bill No. 341 approved October 5, 177 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 178 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to 179 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling 180 program. 181 1.02 AB 827. "AB 827" means State of California Assembly Bill No. 827 approved October 02, 182 2019. AB 827 requires businesses that are mandated to recycle under AB 341 ("MCR") and/or mandated to 183 recycle organics under AB 1826 ("MOR") or SIB 1383 and that provide customers access to the business, to 184 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, 185 easily accessible, and adjacent to each bin or container for trash. 186 1.03 AB 939. "AB 939" or "The Act' means 'The California Integrated Waste Management Act 187 of 1989" codified in part in Public Resources Code §§ 40000 et seq, and such regulations adopted by. 188 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 189 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SIB 1016 190 (Chapter 343, Statues of 2008 [Wiggins, SIB 1016]), the Mandatory Commercial Organics Recycling 191 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of 192 CalRecycle. 193 1.04 AB 1594. "AB 1594" means State of California Assembly Bill No. 1594 approved 194 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 195 Daily Cover does not constitute diversion through recycling and would be considered disposal. 196 1.05 AB 1669. "AB 1669" means State of California Assembly Bill No. 1669 approved 197 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 198 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 199 1.06 AB 1826. "AB 1826" means State of California Assembly Bill No. 1826 approved 200 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 201 organic waste recycling program to divert from the landfill organic waste from businesses. Each business 202 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 203 1, 2020, is required to arrange for organic waste recycling services. 204 1.07 AB 3036. "AB 3036" means State of California Assembly Bill No. 3036 approved 205 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting FINAL AGREEMENT Page 8 of 192 206 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, 207 contract, license, or permit. 208 1.08 Agreement. "Agreement" means the written agreement between the City and the 209 Contractor covering the work to be performed and all contract documents attached to the agreement and 210 made a part thereof. 211 1.09 Agreement Administrator. The City Manager, or his or her designee, designated to 212 administer and monitor the provisions of the Agreement. 213 1.10 Agreement Year. Agreement year means each twelve (12) month period from July 1" to 214 June 301" during the term of this Agreement. 215 1.11 Applicable Law. "Applicable Laud' means all laws, regulations, rules, orders, judgments, 216 decrees, permits, approvals, or other requirement of any federal, state, county, city, and local governmental 217 agency having jurisdiction over the collection and disposition of Solid Waste, including Recyclable Materials, 218 Organic Waste, and Construction and Demolition Debris. 219 1.12 Best Management Practice. Best Management Practice means the schedule of activities, 220 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to 221 the maximum extent that is technologically and economically feasible, the discharge of pollutants in the 222 storm drain system. 223 1.13 Bin. "Bin" means a metal or plastic waste container designed or intended to be 224 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 225 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor -provided Bins 226 are set forth in Exhibit 4. 227 1.14 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably 228 be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical 229 clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human 230 and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, 231 contaminated clothing and surgical gloves. 232 1.15 Brown Goods. Electronic equipment such as stereos, televisions, computers, VCR's and 233 other similar items collected from SFD Service Units. 234 1.16 Bulky Waste. "Bulky Waste" or "Large Items" has the same meaning as defined in Section 235 15.44.010 of the Municipal Code. "Bulky Waste" means Solid Waste consisting of discarded white goods, 236 furniture, tires, carpets, mattresses, and similar large items which do not fit in a regular Collection Container 237 and require special handling due to their size but can be collected and transported without the assistance of 238 special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not 239 include abandoned automobiles and other vehicles, nor does it include items defined as Exempt Waste. FINAL AGREEMENT Page 9 of 192 240 1.17 Business Day. Any Monday through Friday, excluding any holidays as defined in Section 241 5.03. 242 1.18 Calendar Year. Each twelve (12) month period from January 1 to December 31. 243 1.19 Cart. "Cart" means a heavy plastic receptacle with a rated capacity of at least twenty (20) 244 and not more than one hundred (100) gallons, having a hinged tight -fitting lid and wheels, that is provided 245 by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients 246 for collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises 247 in connection with Exclusive Franchise Collection Services. The specifications for Contractor -provided Carts 248 are set forth in Exhibit 4. 249 1.20 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act 250 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated 251 thereunder. 252 1.21 Change in Law. means the occurrence of any of the following events after the Effective 253 Date, when such event has a material and adverse effect on the Parties' performance of their respective 254 obligations under this Agreement (except for any payment obligations): (i) the enactment, adoption, 255 promulgation, amendment, repeal, judicial interpretation, or formal administrative interpretation of any 256 Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local court or agency in a 257 proceeding to which a Party is a party, but not to the extent such order or judgment finds the Party asserting 258 there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) the denial, 259 suspension, or termination of any government permit or other entitlement, but not to the extent such denial, 260 suspension, or termination is the result of any act or omission of the Party asserting there to have been a 261 Change in Law. 262 1.22 City. The City of Santa Clarita, California, including any unincorporated areas of the County 263 that may be annexed by the City during the Initial Term and all extensions. 264 1.23 City Collection Service. City Garbage Collection Service, City Organic Waste Collection 265 Service, City Recycling Service, City Clean-up Services, City -Sponsored Events Services, and Large Item 266 Collection Services. 267 A. City Clean-up Services. On -call City requested Collection from Agreement 268 Administrator to support City services and operations. 269 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from 270 City Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 271 C. City Large Item Collection Service. The periodic on -call Collection of Large Items, 272 by Contractor, from City Service Units in the Service Area and the delivery of those Large Items to a Disposal 273 Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of this 274 Agreement. FINAL AGREEMENT Page 10 of 192 275 D. City Organic Waste Collection Service. The Collection of Organic Waste, by 276 Contractor, from City Service Units in the Service Area, the delivery of those Organic Waste materials to an 277 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, and 278 the disposal of all City Organic Waste Processing Residue. 279 E. City Recycling Service. The Collection of Recyclables Materials by the Contractor 280 from City Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 281 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 282 City Recyclables Materials Processing Residue. 283 F. City Sponsored Event Services. On -call Collection Services at City -Sponsored 284 Events. 285 1.24 City Facility. City Facility(ies) means any building or other site that the City owns, leases, 286 or occupies that are listed in Exhibit 3. 287 1.25 City Manager. City Manager means the City Manager of the City of Santa Clarita, or his or 288 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 289 of the City Manager. 290 1.26 Collect and Collection and Collected. The removal of Solid Waste from a Service Unit and 291 transportation to a Disposal Facility, Organic Waste Processing Facility, Materials Recycling (or Recovery) 292 Facility, or Transfer Station as appropriate. 293 1.27 Collection Container. A Bin, Cart, or Roll -Off Container that is approved by the Agreement 294 Administrator for use by Service Recipients for Collection Services under this Agreement. 295 1.28 Collection Services. Contractor's obligations under this Agreement to Collect Solid Waste 296 within the Service Area. Collection Service includes Residential Collection Service, Commercial Collection 297 Service, and City Collection Service. 298 1.29 Collection Vehicle. A licensed vehicle that has all required licenses to provide Collection 299 Service and that has been approved by the Agreement Administrator for use under this Agreement. 300 1.30 Commencement Date. Has the meaning specified in Section 2.01 of this Agreement. 301 1.31 Commercial Collection Service. Collection Service provided to Commercial Service Units. 302 Commercial Collection Service includes Commercial Garbage Collection Service, Commercial Organic 303 Waste Collection Service, and Commercial Recycling Collection Service. Commercial Collection Service 304 specifically includes the following: 305 A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor, 306 from Commercial Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 307 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 308 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Organic Waste FINAL AGREEMENT Page 11 of 192 309 materials to an Organic Waste Processing Facility and the processing and marketing of those Organic 310 Waste materials, and the disposal of all Commercial Organic Waste Processing Residue. 311 C. Commercial Recycling Collection Service. The Collection of Recyclable Materials, 312 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Recyclable 313 Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials, 314 and the disposal of all Commercial Recyclable Materials Processing Residue. 315 1.32 Compactor. Any Collection Container which has a compaction mechanism, whether 316 stationary or mobile. 317 1.33 Compost. "Compost' means the act or product of the controlled biological decomposition 318 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 319 include the product of anaerobic digestion or other conversion technologies. 320 1.34 Construction and Demolition Debris. "Construction and Demolition Debris" or "C & D" refers 321 to by Section 15.44.010 of the Municipal Code. "Construction and Demolition Debris means discarded 322 materials removed from premises, resulting from construction, renovation, remodeling, repair, 323 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure 324 or from landscaping. Such materials include but are not limited to "inert wastes" as defined in Public 325 Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), 326 gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, 327 trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building 328 materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition 329 operations on pavements, houses, commercial buildings, and other structures. 330 1.35 Consumer Price Index (CPI-U). The index sets published by the Unites States Department 331 of Labor, Bureau of Labor Statistics. Consumer Price Index series CUURS49ASAO All Urban Consumers 332 (CPI-U), Los Angeles -Long Beach -Anaheim, not seasonally adjusted. 333 1.36 Contaminant. Any material or substance placed into or found in a Collection Container 334 other than the type of Source Separated material for which that Collection Container is intended or reserved. 335 For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a 336 Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a Contaminant if 337 placed into or found in an Organic Waste Collection Container. 338 1.37 Contractor. Burrtec Waste Industries Inc, which has entered into this Agreement. 339 1.38 County. Los Angeles County, California. 340 1.39 Dispose or Disposal. "Disposal' or "Dispose" means the final disposition of Solid Waste at 341 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources 342 Code 40192(b). 343 1.40 Disposal Facility. "Disposal Facility" means the place or places listed in Exhibit 9 as 344 City -approved locations for the Disposal of Garbage or other materials as appropriate and acceptable. FINAL AGREEMENT Page 12 of 192 345 1.41 Diversion or Divert. The programs and activities that reduce or eliminate the Disposal of 346 Solid Waste in landfills, which can include source reduction, reuse, salvage, Recycling, and Composting. 347 1.42 Dwelling Unit. A building or part of a building designed for residential use by a single 348 independent housekeeping unit and having separate exterior access, toilet, and facilities for cooking and 349 sleeping. 350 1.43 Edible Food. "Edible Food" has the same meaning as found in Section 15.44.010 of the 351 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement, 352 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or 353 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food 354 Code. 355 1.44 Edible Food Recovery. "Edible Food Recovery" means the actions to collect and distribute 356 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 357 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 358 facilities. 359 1.45 Effective Date. "Effective Date of Agreement' shall mean the date on which the Agreement 360 is signed and delivered by the last of the parties to sign and deliver. 361 1.46 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, 362 automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead -acid 363 batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. 364 1.47 Food Waste. "Food Waste" has the same meaning as set forth in Section 15.44.010 of the 365 Municipal Code. "Food Waste" means (1) food scraps including all edible or inedible food such as, but not 366 limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, 367 coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source 368 Separated from other Food Scraps; and (2) food -soiled paper, which is compostable paper material that has 369 come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, 370 napkins, and pizza boxes. 371 1.48 Franchised Diversion. Franchised Diversion means the rate of diversion that Contractor is 372 responsible to achieve as defined and calculated Section 8.01.3 of this Agreement. 373 1.49 Franchise Fee. The fee stated in Section 4.03.1 of this Agreement that Contractor has 374 voluntarily agreed to pay in consideration of the exclusive rights granted by the City under this Agreement. 375 1.50 Garbage. "Garbage' has the same meaning as set forth in Section 15.44.010 of the 376 Municipal Code. All putrescible and non-putrescible solid, semi -solid and associated liquid waste generated 377 or accumulated through the normal activities of a premises. Garbage does not include Recyclable Materials, 378 Organic Waste, or Large Items, that is source -separated and set out for purposes of collection and recycling. FINAL AGREEMENT Page 13 of 192 379 1.51 Green Waste. "Green Waste" has the same meaning as set forth in Section 15.44.010 of 380 the Municipal Code. "Green Waste" means grass clippings, leaves, landscape and prunings waste, wood 381 materials from trees and shrubs, and other forms of organic materials generated from landscapes or 382 gardens. 383 1.52 Gross Revenue. All monetary amounts actually collected or received by Contractor for the 84 provision of rr^ ghise Collection Services pursuant to this Agreement, including but not necessarily limited 85 to: all receipts from Service Recipients, inclusive of late charges, contamination ^"^F^^s FFaRGhiGP FPP-; ^. 86 any other cost charges and any other receipts from Service Recipients. "Gross Revenue", 387 for purposes of this Agreement, does not include any revenues generated from the sale of Recyclable 388 Material, Compost or energy, grants, cash awards, State of California Department of Conservation 389 payments, or rebates resulting from the performance of this Agreement. 390 1.53 Hazardous Waste. "Hazardous Waste" has the same meaning as set forth in Section 391 15.44.010 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of 392 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as 393 may be amended from time to time. 394 1.54 Holiday. "Holiday" means New Year's Day, Memorial Day, Independence Day, Labor Day, 395 Thanksgiving Day, Christmas Day, and any other day recognized by resolution of the City Council or 396 designated by Contractor as a day on which waste Collection Service will not be provided until the following 397 day, excluding Sunday. 398 1.55 Home Compost Bin. A portable durable container purchased by the Contractor, and 399 distributed to SFD or MFD/MXD Service Recipients as requested, and stored and distributed by the 400 Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to compost Organic 401 Waste at their premises. 402 1.56 Household Hazardous Waste. "Household Hazardous Waste" means that waste resulting 403 from products purchased by the general public for household use which, because of its quantity, 404 concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential 405 hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, 406 in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any 407 of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations 408 Title 22, Division 4.5, Chapter 11, Section 66261.3. 409 1.57 Kitchen Food Waste Pail. A plastic receptacle with a rated capacity not exceeding two and 410 one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD Service Unit for temporary storage of 411 SFD Organic Waste that is approved for such purpose by City. 412 1.58 Limited Franchise Agreement. Formerly "Non-exclusive Franchise Agreement', a separate 413 agreement with the City which permits a contractor on a non-exclusive basis to provide for service to Collect 414 Solid Waste, Organic Waste, Construction and Demolition Debris, and/or Recyclable Materials on a 415 temporary basis. FINAL AGREEMENT Page 14 of 192 416 1.59 Manure. Stable bedding and other waste matter normally accumulated and associated with 417 stables or in livestock. 418 1.60 Manure Collection Services. The periodic Collection of Manure by Contractor from Service 419 Units in the Service Area, the delivery of the Manure to a properly permitted facility that accepts Manure, the 420 processing and marketing of Manure. 421 1.61 Materials Recovery Facility. Materials Recovery Facility (MRF) means a facility listed in 422 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for 423 separation into marketable Recyclable Materials. 424 1.62 Maximum Service Rate. The maximum amount that Contractor may charge Service 425 Recipients for Collection Services, as listed in Exhibit 1, and as may be adjusted in accordance with the 426 provisions of this Agreement. 427 1.63 Mixed Waste Processing Facility. Means a State -permitted commercial Solid Waste facility 428 listed in Exhibit 9 which accepts and processes Unicycling for diversion from landfill disposal. The City 429 reserves its Flow Control Rights over the Mixed Waste Processing Facility. 430 1.64 Multi -Family Dwelling (MFD) Collection Service. MFD Solid Waste Collection Service 431 serves a Multi -Family Dwelling, and specifically includes the following, MFD Garbage Collection Service, 432 MFD Large Item Collection Service, MFD Organic Waste Collection Service, and MFD Recycling Service: 433 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 434 MFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 435 B. MFD Large Item Collection Service. The periodic on -call Collection of Large Items, 436 by Contractor, from MFD Service Units in the Service Area and the delivery of those Large Items to a 437 Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of 438 this Agreement. MFD Large Item Collection Service may include the Collection of Large Items using Roll- 439 Off Containers. 440 C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 441 Contractor, from MFD Service Units in the Service Area, the delivery of those Organic Waste materials to 442 an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 443 and the disposal of all MFD Organic Waste Processing Residue. 444 D. MFD Recycling Service. The Collection of Recyclables Materials by the Contractor 445 from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 446 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 447 MFD Recyclables Materials Processing Residue. 448 1.65 Municipal Code. Code means the City of Santa Clarita Municipal Code. 449 1.66 Non -Collection Notice. A written notice approved by the Agreement Administrator that 450 notifies a Service Recipient of the reason Contractor did not Collect Solid Waste set out for Collection. FINAL AGREEMENT Page 15 of 192 451 1.67 Organic Waste. "Organic Waste" has the same meaning asset forth in Section 15.44.010 452 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food -soiled paper waste 453 that is mixed in with Food Waste. 454 1.68 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and 455 processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing 456 Residue. 457 1.69 Organic Waste Processing Facility. "Organic Waste Processing Facility' means any facility 458 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green 459 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility 460 for the Contractor to deliver Collected Organic Waste material under this Agreement. 461 1.70 Overage. Overage means Solid Waste set out for Collection either on top of or outside of 462 a Container or in any manner that prevents the Container lid from completely closing or potentially cause 463 Solid Waste to spill during Collection by Contractor's vehicles. 464 1.71 Premises. "Premises" means any land or building in the City where waste is generated or 465 accumulated. 466 1.72 Prohibited Container Contaminants. "Prohibited Container Contaminants" means any of 467 the following but does not include Organic Waste specifically allowed for Collection in a Container that is 468 required to be transported to a high diversion organic waste processing facility if the waste is specifically 469 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 470 14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non -Organic Waste placed in a Collection Container 471 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic 472 Wastes that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection 473 Container that is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 474 or 18984.2; (C) Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 475 14 CCR Section 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container 476 designated for Organic Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection 477 Container designated for Recyclable Materials shall be considered Prohibited Container Contaminants 478 when those wastes were specifically identified in this Agreement, or through local ordinance for Collection 479 in the Container designated for Organic Waste, or mutually agreed to and promulgated by the City and 480 Contractor. Paper products, printing and writing paper, wood and dry lumber may be considered acceptable 481 and not considered Prohibited Container Contaminants if they are placed in Collection Container designated 482 for Recyclable Materials; and (E) Exempt Waste placed in any Collection Container. 483 1.73 Quarter. A three-month period during a calendar year. The first Quarter is January through 484 March. The second Quarter is April through June. The third Quarter is July through September. The fourth 485 Quarter is October through December. 486 1.74 Rate Year. Rate Year means the period January 11 to December 3111, for each year during 487 the Term of this Agreement. FINAL AGREEMENT Page 16 of 192 488 1.75 Recyclable Materials. "Recyclable Materials" has the same meaning as set forth in Section 489 15.44.010 of the Municipal Code and means those materials that are separated from Solid Waste prior to 490 disposal to be recycled consistent with the requirements of the Act. Recyclable Materials that can be placed 491 in the Recycling Container include but are not limited to, glass and plastic bottles, aluminum, tin and steel 492 cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as 493 determined by the Agreement Administrator. 494 1.76 Recycling. 'Recycling" means the process of collecting, sorting, cleansing, treating and/or 495 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 496 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 497 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste 498 not intended for, or capable of, reuse is not Recycling. 'Recycling" does not include transformation as defined 499 in Public Resource Code Section 40201. 500 1.77 Residential Collection Service. 'Residential Collection Service" means ongoing regularly 501 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 502 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics 503 Processing Facility. 504 1.78 Residential Premises. 'Residential Premises' means: (i) any building or structure, or 505 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; 506 and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, 507 receives Solid Waste Collection services using standard residential Containers. 508 1.79 Residual or Residuals. 'Residual' or "Residuals' means Solid Waste that is not Diverted 509 from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables 510 Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable 511 Materials or Organic Material that is processed for Diversion but lacks an available market. 512 1.80 Roll -Off Container. A metal container with a capacity often (10) or more cubic yards that 513 is normally loaded onto a specialized Collection vehicle and transported to an appropriate facility. 514 1.81 Santa Clarita Valley. "Santa Clarita Valley" shall include the unincorporated areas of North 515 Los Angeles County. 516 1.82 SIB 1383. "SB 1383" means State of California Senate Bill 1383 Short-lived Climate 517 Pollutants: Organic Waste Reductions, approved September 19, 2016. 518 1.83 Self -Haul. Collection of Solid Waste by the resident, owner, or occupant of the Premises 519 on which the Solid Waste was generated pursuant to a City -issued permit and in accordance with the 520 requirements of the Municipal Code. 521 1.84 Service Area. That area within the city limits of the City of Santa Clarita designated by City 522 as the Service Area. FINAL AGREEMENT Page 17 of 192 523 1.85 Service Recipient. An individual or entity receiving Collection Service. 524 1.86 Service Unit. "Service Unit" means a single subscriber to Contractor's Collection Services. 525 SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or Commercial Service Units. 526 Service Unit specifically includes the following: 527 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll -Off Container(s) 528 for the accumulation and set -out of Solid Waste. City Service Units are the properties set forth in Exhibit 3 529 and may be modified by written notice to Contractor by the City. 530 B. Commercial Service Unit. All retail, professional, wholesale and industrial facilities, 531 and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin, 532 Cart, Compactor, Roll -Off Container for the accumulation and set -out of Commercial Solid Waste. 533 C. Multi -Family Dwelling and MFD Service Unit. "Multi -Family Dwelling" and "MFD" 534 shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof, 535 used for residential purposes having five or greater distinct living units. 536 D. MXD (Mixed -use Development) Service Unit. A mix of Commercial Service Units 537 and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection 538 Containers for the accumulation of and set out of Solid Waste. 539 E. SFD Service Unit. Any Single -Family Dwelling Unit in the Service Area utilizing a 540 Cart for the accumulation and set out of Solid Waste originating from SFD Residential Premises. 541 1.87 SFD Collection Service. SFD Garbage Collection Service, SFD Recycling Service, SFD 542 Organic Waste Collection Service, and SFD Large Item Collection Service. 543 A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 544 SFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 545 B. SFD Large Item Collection Service. The periodic on -call Collection of Large Items, 546 by Contractor, from SFD Service Units in the Service Area and the delivery of those Large Items to a 547 Disposal Facility, Materials Recovery Facility or other such facility as may be appropriate under the terms 548 of this Agreement. SFD Large Item Collection Service does not include the Collection of Large Items using 549 Roll -Off Containers. 550 C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 551 Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to an 552 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 553 and the disposal of all SFD Organic Waste Processing Residual. 554 D. SFD Recycling Service. The Collection of Recyclable Materials by the Contractor 555 from SFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 556 Recovery Facility and the processing and marketing of those Recyclable Materials. FINAL AGREEMENT Page 18 of 192 557 1.88 Single-family Dwelling or SFD. "Single-family/duplex dwelling" or "SFD" means any 558 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by 559 one bona fide housekeeping group. 560 1.89 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste 561 treatment or processing, including wastewater treatment, water supply treatment, or operation of an air 562 pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or 563 similar disposal appurtenances or any other such waste having similar characteristics or effects. 564 1.90 Solid Waste. "Solid Waste" means all putrescible and non-putrescible solid, semisolid, and 565 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 566 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 567 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or 568 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California 569 Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes 570 Recyclable Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant 571 to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the 572 Health and Safety Code Section 117600 et seq. 573 1.91 Source Separated. "Source Separated" means materials that have been kept separate in 574 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 575 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 576 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 577 in 14 CCR Section 17402.5(b)(4). 578 1.92 SRRE (Source Reduction and Recycling Element). A formal planning document that 579 demonstrates how the City will comply with the Act's diversion goals. 580 1.93 Term. "Term" means the time period or duration which the Agreement is in effect. 581 1.94 Transfer Station. "Transfer Station" means the place or places listed in Exhibit 9 as City- 582 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to 583 transportation of the Solid Waste to a Disposal Facility or Processing Facility. 584 1.95 Unicycling. A method of separating trash and recyclable materials in a single Collection 585 Container. Trash materials are collected in bags and deposited into the Collection Container and recyclable 586 materials are deposited into the Collection Container loose and unbagged. 587 1.96 Universal Waste or U-Waste. Electronic devices, dry -cell batteries, non -empty aerosol 588 cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury containing 589 equipment. 590 1.97 Waste. "Waste" means the useless, unused, unwanted or discarded material and debris 591 resulting from normal residential and commercial activity or materials which, by their presence, may FINAL AGREEMENT Page 19 of 192 592 injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity 593 thereof. 594 1.98 Waste Generator. "Waste generator" means any person, as defined by the most current 595 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 596 code, or whose act first causes solid waste to become subject to regulation. 597 1.99 Waste Reporting System (WRS). The electronic data recording and reporting system that 598 Contractor uses to provide data and reports that this Agreement requires Contractor to give to the City. 599 1.100 White goods. "White goods" means enamel -coated major appliances, such as washing 600 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 601 1.101 Work Day. Any day, Monday through Saturday, that is not a Holiday as set forth in Section 602 5.03 of this Agreement. 603 1.102 Wood Waste. "Wood waste" means Solid Waste consisting of stumps, large branches, tree 604 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 605 products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. 606 Article 2. Term of Agreement 607 2.01 Initial Term. The initial term of this Agreement will be for ten (10) year period beginning 608 July 1, 2023 and terminating on June 30, 2033. Contractor shall commence performance of its Collection 609 Service obligations under this Agreement on July 1, 2023 ("Commencement Date"). 610 2.02 Extension of Term. Contractor may request up to two, five (5) year term extension to the 611 Initial Term, and at City's sole option, City may grant Contractor's request to extend the term. Under no 612 circumstances will City be obligated to extend the term. Contractor must request the first five (5) year 613 extension by June 30, 2031 in order to be eligible for the term extension, and June 30, 2036 in order to be 614 eligible for the second term extension. 615 2.03 Performance Review Prior to Five (5) Year Extension. A billing audit and performance 616 review shall be conducted two years prior to the end of the Initial Term (i.e., during 2031, and to be completed 617 by December 31, 2031) as described in Section 17.02. The cost of the review shall be paid as specified in 618 that Section. In order to be eligible for an Extension of the Term of the Agreement under Section 2.02, 619 Contractor must meet billing and performance standards to the satisfaction of the City. In the event 620 Contractor fails to meet the minimum service and diversion requirements set forth in Section 8.01.1, this 621 Agreement will terminate on June 30, 2033 as set forth in Section 2.01 of this Agreement. 622 Article 3. Conditions Governing Services Provided by Contractor 623 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 024 conditions set forth herein, the €exclusive €franchise, right and privilege to collect, remove and dispose of, 625 in a lawful manner, Solid Waste, Recyclable Materials, and Organic Materials accumulating in the City's FINAL AGREEMENT Page 20 of 192 626 Service Area that are required to be accumulated and offered for collection to the Contractor in accordance 627 with the City's Municipal Code, for the Term of and within the scope set forth in this Agreement. 628 3.02 Recyclable Materials Organic Waste, and Bulky Waste Discarded by Service Recipients. 629 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 630 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 631 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with 632 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting, 633 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 634 for collection, disposal and/or recycling services for any form of un-segregated or segregated Solid Waste 635 is not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify 636 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the 637 Collection Container and the Container set out for Collection, the Recyclable Materials or Organic waste 638 become the property of Contractor. 639 3.03 Exclusions to Exclusivit 640 3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and 641 process for diversion specialized materials, including, but not limited to, Organic Waste, metals, 642 Construction and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to 643 re -use or Recycle, Service Recipients shall have the right to engage the third -party recycler to collect and 644 Recycle those Source -Separated Recyclable Materials provided that the diversion is verified by the City 645 and the third party obtains a City recycling permit. 646 3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a 647 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell 648 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to 649 the Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 650 3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 651 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 652 do not include animal, including fish, processing byproducts, they are Source -Separated, they are not 653 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 654 reduction in price for collecting, processing, or transporting such material), and they are used as animal 655 feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to 656 the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, 657 or be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer 658 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits 659 manufacturer. as defined in Section 23015 of the Business and Professions Code. 660 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Large Items which 661 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable 662 organizations qualified as such pursuant to Federal law. FINAL AGREEMENT Page 21 of 192 663 3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a 664 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 665 company rather than as a hauling service; 666 3.03.6 Temporary Services. Temporary Collection services for Solid Waste and 667 Construction and Demolition Debris is covered under the City's Limited Franchise Agreement and 668 Contractor must abide by terms of that agreement for Collection and processing and Diversion of 669 Construction and Demolition Debris. 670 3.03.7 Permanent Roll -offs. Permanent Roll -off Collection services for Solid Waste and 671 Construction and Demolition Debris in a Roll -Off Container is covered under the City's Limited Franchise 672 Agreement and Contractor must abide by terms of that agreement for Collection and processing and 673 Diversion of Construction and Demolition Debris. 674 3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 675 and collection of payments for Collection Services within the Service Area. 676 Article 4. Franchise Fees and Payments 677 4.01 Contractor's Payments to City. The Parties agree that all fees and any payments owed by 678 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 679 consideration for the rights and privileges granted to Contractor under this Agreement. 680 4.02 Reimbursement for the Cost of Procurement Process. Contractor shall reimburse the City 681 a one-time fee for the cost of the Franchise Agreement solicitation, evaluation and award process of Three 682 Hundred Thousand Dollars ($300,000). This fee shall be due and payable on the thirty (30) day after the 683 Effective Date of the Agreement. 684 4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and 685 payable on the twentieth (201h) day of the month following the end of each Quarter for which the Collection 686 Services were provided; first such payment being due on October 20, 2023. The City Council may adjust the 687 Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a City- 688 directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time of 689 payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor used 690 to determine the amount due and the basis for those calculations. Figures used in the report shall be taken 691 from Contractor's general books of account, and Contractor shall retain all supporting documentation in 692 accordance with the records retention requirements in Section 22.01. 693 4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to 694 ten percent (10%) of the Gross Revenue received by the Contractor from Collection Services provided in 695 the City pursuant to this Agreement. 696 4.03.2 Marketing and Sales of Recyclable Materials. Contractor shall be responsible for 697 marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor shall pay 698 City $5.50 per ton on Recyclable Materials revenue. This shared revenue, from all recovered Recyclable FINAL AGREEMENT Page 22 of 192 699 Material, except for organic waste or Diverted Bulky Items, shall be paid to the City on a quarterly basis, 700 within 20 days of the end of the Quarter. City may apply late penalties as specified in Exhibit 6. 701 Tonnage upon which the shared revenue is calculated shall be the tonnage after 702 processing and removing residual waste, if the Contractor can document to the City's satisfaction these 703 tonnage figures. If such documentation is not available in a sufficient form, shared revenue shall be based 704 on the tonnage delivered for processing. Tonnage reports, broken down by month, shall accompany 705 quarterly payments. 706 4.04 Annual Fees and Payments. The following annual fees and payments shall be due and 707 payable on July 1 of each calendar year; the first such payments being due on May 1, 2023. The City Council 708 may adjust the Annual Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as 709 a City -directed change in accordance with Section 30.01. On each anniversary of the Commencement Date, 710 each of the following annual fees and payments shall increase by the same percentage that the Maximum 711 Service Rate increases for that same Calendar Year. 712 4.04.1 Administrative Fee. In consideration of the administrative costs of managing the 713 City's solid waste program, Contractor shall pay City an annual Administrative Fee of Three Hundred 714 Thousand Dollars ($300,000). 715 4.04.2 SIB 1383 Implementation Fee. In consideration of the implementation, reporting, 716 and enforcement costs of SIB 1383, Contractor shall pay City an annual SIB 1383 Implementation Fee of 717 One Hundred and Thirty Thousand Dollars ($130,000). 718 4.04.3 Advertising and Outreach Contribution. Contractor shall pay the City an annual 719 Advertising and Outreach Contribution in the amount of Twenty Thousand Dollars ($20,000). 720 4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 721 without prior notice or demand and without abatement, deduction, offset or credit in lawful money of the 722 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in 723 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post- 724 marked on or before the due date. If hand -delivered, Contractor must request and receive a date -stamped 725 receipt from the City by 5:00 p.m. on the due date. 726 4.06 Late Payments. In the event Contractor fails to pay the City any amounts owed under this 727 Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall 728 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating 729 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5) 730 Business Days prior to the date on which fees are due, and the request must be accompanied by a written 731 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not 732 unreasonably withhold its approval, and shall notify Contractor within three (3) business days of receiving 733 the request whether and to what extent the request has been approved. 734 4.06.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or 735 assessed upon or in respect of the operating assets or the Collection Services, or upon any part thereof of FINAL AGREEMENT Page 23 of 192 736 upon any revenues necessary for the operation of the operating assets and the provision of the Collection 737 Services, when the same shall become due. 738 4.06.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and 739 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written 740 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the 741 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of 742 the report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any 743 such dispute. 744 Article 5. General Requirements 745 5.01 Service Standards. Contractor must perform all Collection Services under this Agreement 746 in a thorough and professional manner as described in Article 25, while meeting the minimum performance 747 and diversion standards listed in Article 17 according to the Sustainability and Compliance Plan (Exhibit 10) 748 developed by the Contractor and approved by the City. 749 5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 750 facilities, and personnel supervision required for the performance of Contractor's obligations under this 751 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor's 752 obligations under this Agreement. No compensation for Contractor's services or for Contractor's supply of 753 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any 754 Service Recipient except as expressly provided by this Agreement. 755 5.03 Holiday Service. The City observes New Year's Day, Memorial Day, Independence Day, 756 Labor Day, Thanksgiving Day, and Christmas Day as legal holidays. Contractor is not required to provide 757 Collection Services or maintain office hours on the designated holidays. In any week in which one of these 758 holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be 759 delayed one Work Day for the remainder of the week with normally scheduled Friday SFD Collection 760 Services being performed on Saturday. Commercial Collection Services will be adjusted as setforth in Article 761 12 but must meet the minimum frequency requirements of one (1) time per week. Collection Services will 762 not take place on Sundays, unless previously authorized by the Agreement Administrator. 6 5.04 Inspections. Subject to Contractor's appropriate safety protocols, Tthe City has the right to 764 inspect Contractor's facilities or Collection Vehicles and their contents used to provide services pursuant to 765 this Agreement at any reasonable time while operating inside or outside the City. 766 5.05 Commingling of Materials. 767 5.05.1 SFD Materials Collected in Santa Clarita. Contractor may not at any time 768 commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by 769 Contractor inside or outside the City of Santa Clarita without the express prior written authorization of the 770 Agreement Administrator. FINAL AGREEMENT Page 24 of 192 771 5.05.2 Commercial Materials Collected in Santa Clarita. Contractor may commingle 772 Commercial materials collected pursuant to this Agreement with other materials collected outside the City 773 of Santa Clarita, provided that Contractor tracks the tonnage of Commercial material collected inside the 774 City of Santa Clarita separately using a City -approved allocation methodology. Changes to the allocation 775 methodology may only be made with the express prior written authorization of the Agreement Administrator. 776 5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not 777 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 778 any other material type Collected by Contractor without the express prior written authorization of the 779 Agreement Administrator. 780 5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at 781 any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any 782 other material type Collected by Contractor, without the express prior written authorization of the Agreement 783 Administrator. 784 5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which 785 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 786 authorization of the Agreement Administrator, Contractor will Collect Commercial Garbage and Recyclable 787 Materials in the same Collection Container, using a Split -bin or Unicycling, for the purposes of processing 788 Recyclable Materials for diversion. 789 5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 790 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum 791 bundled service requirements as necessary, that matches their unique service needs to reduce 792 contamination of Recyclable Materials and Organic Waste, and provide service at least cost to Service 793 Recipient. To support City's diversion goals and Contractor's Diversion Requirements as set forth in Section 794 8.01.1, Contractor is only required to collect and process Recyclable Materials if they have been separated 795 by the Service Recipient from Garbage and Organic Waste and will only be required to collect Organic Waste 796 if it has been Source Separated by the Service Recipient from Garbage and Recyclable Materials. 797 As part of Contractor's Public Education Services under Section 20.02, Contractor has agreed to provide 798 outreach and support to Service Recipients as described in the Contractor's Sustainability and Compliance 799 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally, 800 Contractor's route collection personnel will report to Contractor's supervisors if they observe potential 801 contamination problems, and/or insufficient collection capacity. For purposes of determining if Recyclable 802 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 803 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, 804 by visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or 805 Recyclable Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated 806 and Contractor may take the following steps: 807 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 808 MFD, MXD, and SFD Service Recipients FINAL AGREEMENT Page 25 of 192 809 5.07.1 First and Second Occurrence. For the first and second occurrence within any one 810 Calendarr Yea continuous 12 month period of contamination for a particular container (i.e., Recyclable 811 Materials or Organic Waste), Contractor must collect the contaminated container (as Solid Waste) and must 812 affix a Contamination Violation Notice to the contaminated container which contains instructions on the 813 proper procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient 814 by phone, U.S. mail, e-mail, or in person (which may be a container tag), that for the third and subsequent 815 incidents of excess contamination, the Service Recipient may be charged a contamination fee for the 816 contaminated container, and Contractor may increase the Collection Container size, or require an additional 817 Collection Container. Contractor's representative must also contact the Service Recipient by phone, U.S. 818 mail, e-mail, or in person (which may be a container tag) to ensure that they have the appropriate level of 819 service for proper collection of Recyclable Materials and/or Organic Waste. Contractor must also document 820 the contamination issue in the Waste Reporting System provide digital/visual documentation to the Service 821 Recipient that clearly documents the Service Recipient's on -going contamination problems. 822 5.07.2 Third Occurrence. For the third or subsequent occurrence within any one Calendar 823 Year continuous 12 month period of contamination for a particular container (i.e., Recyclable Materials or 824 Organic Waste), Contractor must collect the contaminated Container (as Solid Waste) and must charge the 825 Service Recipient a contamination fee as set forth in Exhibit 1. Contractor must continue providing the 826 Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided) 827 digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient's 828 on -going contamination problems and written Notices of contamination as described above. Contractor may 829 increase the Container size or collection frequency and impose a contamination surcharge on the account 830 for a period of six months or until the Service Recipient has demonstrated no contamination for a period of 831 three consecutive months. Contractor must document contamination issue and surcharge in Waste 832 Reporting System and notify City within five (5) Business Days if Contractor increases the Container size 833 or collection frequencyfor excessive contamination or imposes the contamination surcharge to the account. 834 City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against 835 offending Service Recipients in order to secure discontinuance of the contamination. 836 5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 837 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 838 contamination occurrences are not active and consecutive. Where contamination is occurring, and 839 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 840 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 841 consecutive months the tracking calendar will reset. 842 5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 843 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily 844 halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the 845 Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager 846 to resolve the dispute. During the pendency of any request, Contractor may restore Container size or 847 number, or collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 848 any such dispute must be filed within ten (10) Business Days of Contractor's halting of contamination charge, FINAL AGREEMENT Page 26 of 192 849 or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 850 overall problems. The City Manager may request a meeting (in person or phone) with both the Service �51 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 852 dispute within ten (10) Business Days, and the City Manager's decision on resolving the dispute between 853 and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will 854 credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in 855 favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 856 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 857 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts. 858 5.10 Container Overage and Correction Procedures. If a Customer is found to habitually 859 overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container 860 Contractor may take the steps as listed below to correct Customers' on -going overflow of material. All 861 customers will be notified of Collection Overages. Contractor shall notify the City regarding Commercial, 862 MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate 863 action with such customers in order to secure discontinuance of the overages. 864 5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 865 correct combination of Collection Containers and collection frequency that matches each Service Recipient's 866 unique service needs to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable 867 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in 868 the Service Recipient's Solid Waste Collection Containers negatively impacts public health and safety. 869 Contractor has also agreed to conduct recycling audits and provide outreach and support to Service 870 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 871 overflow their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct 872 Service Recipient's on -going overflow of Solid Waste. 873 5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements 874 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged, 875 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in 876 Exhibit 1. 877 5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with 878 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at 879 no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a 880 Non -Collection Notice explaining the reason for non -collection of the Solid Waste Overage, (iii) Contractor 881 may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste 882 Overage fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or 883 frequency of Collection of the existing Collection Container(s) to match documented service needs as 884 provided below. In managing Solid Waste Overages, the following apply: 885 5.13.1 SFD Service Recipients — Each Occurrence. For each occurrence Contractor will 886 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating 887 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e- FINAL AGREEMENT Page 27 of 192 888 mail, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient: (i) the date, 889 description and photograph of the Solid Waste Overage and document in the Waste Reporting System. 890 Contractor's Non -Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to 891 schedule a Large Item Collection or (b) request an additional Collection Container to eliminate future 892 Overages. 893 5.13.2 Commercial and MFD/MXD Service Recipients — Each Occurrence. Contractor 894 must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, 895 or in person (which may be by Non -Collection Notice) to the Service Recipient with the date, description 896 and photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may 897 charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity, 898 or collection frequency of the Collection Container to match documented service needs. At least ten (10) 899 Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor's 900 representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may 901 be by Non -Collection Notice) to ensure that Service Recipient has the appropriate level of service. 902 Contractor must document overage issue in the Waste Reporting System and notify City within ten (10) 903 Business Days of any changes in Service Recipient's Collection Container size or collection frequency. The 904 increased capacity or collection frequency will remain in effect until Contractor determines that it is no longer 905 needed to prevent overages, which may be longer than the one Calendar Year stated above. Such 906 determination will be in Contractor's sole but reasonable discretion and will be subject to the dispute 907 resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal 908 remedies against offending Service Recipients in order to secure discontinuance of the overages. 909 5.14 Tracking Occurrences of Solid Waste Overage. Regarding Sections 5.11 — 5.13 after 910 twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid 911 Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence. 912 5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste 913 Overage charge or container size or collection frequency change within 30 days of the disputed action, 914 Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate 915 resulting from increasing the Collection Container size or collection frequency, and Contractor may request 916 a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may 917 restore Container size or number, or collection frequency, to the prior levels. A request by Contractor to the 918 City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor's halting 919 of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and 920 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or 921 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the 922 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager's decision on 923 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the 924 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the 925 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid 926 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste FINAL AGREEMENT Page 28 of 192 927 Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of 928 delinquent accounts. 929 5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 930 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to 931 Contractor at such time as said materials are set out for Collection. 932 5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Collection 933 Services or while its vehicles are on the road. Contractor must transport all materials Collected under the 934 terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 935 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Collection 936 Services so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 937 Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or 938 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 939 5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning 940 up sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must 941 clean up any material or residue that is spilled or scattered by Contractor or its employees. 942 5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 943 from Contractor's operations or equipment repair must be covered immediately with an absorptive material 944 and removed from the street surface. Contractor must document spillage in the Waste Reporting System 945 and notify City's stormwater compliance coordinator within ninety (90) minutes of any spills resulting from 946 Contractor's operations or equipment. When necessary, Contractor must apply a suitable cleaning agent 947 and cleaning technique to the street surface to provide adequate cleaning as approved by the City's 948 stormwater compliance coordinator to be compliant with the City's stormwater permit. 949 5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 950 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 951 Contractor must engage third -party environmental clean-up specialist to remove any equipment oil, 952 hydraulic fluids, or any other liquid or debris that remains on street after Contractor's own clean-up efforts. 953 If clean-up is not conducted to satisfaction of City, City has right to engage environmental clean-up 954 specialist to perform additional clean-up work at the expense of Contractor. 955 5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 956 any physical damage in excess of a simple cosmetic stain caused by the spill), Contractor shall be 957 responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall 958 be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a 959 manner satisfactory to the City and at no cost to the City. 960 5.17.5 To facilitate immediate cleanup, Contractor's vehicles must always carry sufficient 961 quantities of petroleum absorbent materials along with a broom and shovel. FINAL AGREEMENT Page 29 of 192 62 5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts 63 to guarantee capacity for all City Green and Organic Waste for the term of the Agreement using a facility 964 listed in Exhibit 9. 965 5.19 Regulations and Record Keeping. Contractor must comply with emergency notification 966 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 967 must be maintained at Contractor's facility. These records must include waste manifests, waste inventories, 968 waste characterization records, inspection records, incident reports, and training records. 969 Article 6. Collection Service Rates 970 6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will 971 charge for providing the Collection Services, provided that Contractor shall not charge any Service Recipient 972 an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be 973 adjusted as provided in this Agreement. 974 6.02 Senior / Low -Income Discount as Contractor's Good Will. In exchange for the good will of 975 the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Collection 976 Services provide to eligible Service Recipients (the "Discount") and that the Discount shall neither impact 977 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 978 Contractor shall make the Discount available to any person who demonstrates through appropriate 979 documentation that they are: (i) 60 years of age or older; or (ii) a person of low, lower, or extremely low 980 income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head 981 of household and occupant at the Service Unit address. Contractor shall provide the City and all persons in 982 the City then currently subscribed Contractor's Discount rate program describing and explaining how to 983 qualify for and receive the Discount. Contractor shall thereafter advertise the availability of the on its website 984 throughout the Term of this Agreement and at least once per year by direct notice to all SFD Service 985 Recipients. Adjustments to Maximum Service Rates using CPI-U. Beginning on January 1, 2025, and 986 annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an 987 annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement. 988 6.03 Pre -payment Discount. Contractor will provide a one -month discount to the total annual bill 989 for all SFD Service Recipients that pre -pay their bill on an annual basis. The annual pre -payment must occur 990 between January 2nd and J41yanuary 3111 to be effective in the fOlIg iRg AgFeerne4# current Calendar Year. 991 6.04 Maximum Service Rate Adjustment. The Maximum Service Rates in Exhibit 1 shall be 992 adjusted on January 1, 2025, and annually thereafter in accordance with this Section 6.04. No other 993 adjustments shall be made except as provided in Section 30.01. 994 6.04.1 CPI Adjustment Calculation. For Rate Year 2025, beginning on January 1, 2025, 995 and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100°/u) of 996 the 12-month average change in the CPI-U for the 12-month period published immediately prior to the rate 997 application. Therefore, the first rate adjustment effective January 1, 2025 will be based on the percentage 998 change between the 12-month average of the CPI-U from August 1, 2022 through July 31, 2023, and the FINAL AGREEMENT Page 30 of 192 999 12-month average of the CPI-U from August 1, 2023 through July 31, 2024. The index to be used shall be 1000 the CUURS49ASAO All Urban Consumers (CPI-U), Los Angeles -Long Beach -Anaheim, not seasonally 1001 adjusted. 1002 6.04.2 Annual Rate Cap on Maximum Service Rates. In any Calendar Year that the 1003 calculation of the CPI-U exceeds four percent (4%), the total adjustment for that year will equal four percent 1004 (4%) and the rollover amount will be added to the rate adjustment percentage in the following year, or any 1005 subsequent year. If the CPI-U is negative (after accounting for any applicable rollover percentages from 1006 prior years), there will be no CPI-U adjustment for that year. Notwithstanding any other provision of this 1007 Agreement, all SFD Service Unit Maximum Service Rates shall remain below all jurisdictions, including 1008 Incorporated Cities and Unincorporated County Areas, with Source Separated (Garbage, Recycling, and 1009 Organic Waste) franchised collection services in the Santa Clarita Valley. 1010 6.04.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of 1011 one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. 1012 All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. 1013 6.04.4 Maximum Service Rate Adjustment Report. On or before September 15 of each 1014 year of the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum 1015 Service Rates for the subsequent calendar year (the "Adjustment Report"). The Adjustment Report shall be 1016 in a format as may be mutually agreed on between the City and Contractor and must contain or be 1017 accompanied by Contractor's adjustment calculations for the specific services performed under this 1018 Agreement during the preceding Agreement Year in Microsoft Excel or other electronic format acceptable 1019 to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report. 1020 6.04.4.1 Corrections. In the event the City determines the Adjustment 1021 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 1022 to the City. A corrected report submitted after September 15 shall be treated as a late report. 1023 6.04.4.2 Late Report. If Contractor fails to submit the Adjustment Report by 1024 September 15, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and 1025 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 1026 time for it to be implemented on January 1; or (2) accept and consider the late Adjustment Report at its 1027 earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively 1028 thirty (30) days after the City's approval. In no event shall Contractor apply any rate adjustment retroactively. 1029 6.04.4.3 No Report. If Contractor fails to provide any Adjustment Report, 1 30 the Maximum Service Rate shall remain unchanged for the next calendar year. 1 31 6 04 4 36.04.5 Customer Notification. At least 30 days prior to the effective date of a rate��� Formatted: Font color: Red 1 32 change, Contractor shall prepare and distribute, subject to the direction of the City, a notice to each Formatted: Heading 4 1 33 Customer containing the new collection rate and the effective date. Such notice shall be in a form subject 1 34 to City's approval prior to its distribution and may be included with Billings made by Contractor. FINAL AGREEMENT Page 31 of 192 1035 6.05 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 1036 notify Contractor on or before December 1 whether the City has approved the requested adjustments to the 1037 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 1038 requested rate adjustment of more than four percent (4%) . The City Manager may approve all other requests 1039 or refer them to the City Council at his or her discretion. 1040 6.06 Contractor payment for CPI-U review. Contractor shall be responsible for paying the cost 1041 of reviewing or correcting the annual CPI-U adjustment if the City determines that Contractor has made 1042 substantial errors and has not properly submitted or correctly calculated the CPI-U adjustment. 1043 6.07 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent 1044 extraordinary events, including Change of Law, which, although they do not prevent either party from 1045 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of 1046 providing services above the Section 6.04 Maximum Service Rate Adjustment. The obligation of the parties 1047 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates. 1048 Accordingly, at its option, Contractor may apply to the City not more frequently than once annually, for an 1049 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic 1050 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section 1051 6.04. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to 1052 make a substantial change in its operations, or substantial capital expenditure or investment in order to 1053 perform its obligations under this Agreement due to the occurrence of an event or circumstance which is 1054 beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after 1055 approval by the City Council. 1056 6.07.1 Contractor's Burden. In the event of such an application for an extraordinary rate 1057 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1058 satisfaction of the City the basis for the extraordinary increase cost. -Contractor shall bear the burden of 1059 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1060 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1061 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1062 solely responsible for the cost to of providing such additional information. Contractor shall allow City to 1063 review a report of its annual revenues and expenses for the services provided in the City prepared by a 1064 Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance 1065 with Rule 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the 1066 California Code of Regulations, Title 16, Chapter I ("Financial Statements"). Such Certified Public 1067 Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no 1068 financial interest whatsoever in the business of the Contractor. City shall have the right to review this 1069 information in connection with the City's review of Contractor's extraordinary rate adjustment request. With 1070 respect to any Financial Statements or any other non-public information ("Confidential Information"), City 1071 agrees that: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of 1072 Confidential Information within its own organization and to its agents or representatives who need to know 1073 the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information 1074 to any third party, excepting those subject to subsection (b), without the prior written consent of the FINAL AGREEMENT Page 32 of 192 1075 Disclosing Parties; (d) it will not copy and/or reproduce any Confidential Information without the prior written 1076 approval of the Contractor; and (e) it will not use Confidential Information except as required for 1077 consideration of the request. City may consider increases or decreases in Contractor's total revenues and 1078 total cost of services when reviewing an extraordinary rate adjustment request. The City will inform the 1079 Contractor upon receiving a California Public Records Act request or a subpoena for the Confidential 1080 Information by written notice delivered to the Contractor ("Notice"). The Contractor will have five (5) days 1081 from the date of the Notice to inform the City in writing of its intent to assert its confidentiality rights under 1082 this Agreement. The Contractor will have fifteen (15) days from the date of the Notice to seek judicial 1083 assistance to prevent the disclosure of the Confidential Information. If the Contractor fails to act within the 1084 nine (9) or fifteen (15) day windows described above, the City may disclose the requested Confidential 1085 Information to the requestor or subpoenaing party. In the event Contractor seeks a court order to stay or 1086 enjoining the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its 1087 Council, elected and appointed board or commission members, officers, employees, volunteers and agents 1088 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, 1089 action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi- 1090 judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA 1091 or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this 1092 Agreement. 1093 6.07.2 Review Costs. At the time of its request, Contractor shall also submit a payment 1094 to the City of Twenty -Five Thousand Dollars ($25,000) to defray the City's costs to review the request. In 1095 the event the City's reasonable costs exceed that amount, Contractor shall reimburse the City for any 1096 documented amount in excess. 1097 6.07.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1098 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1099 6.07.4 City Review: Approval. City shall review the Contractor's request and, in the City's 1100 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1101 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1102 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify 1103 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor's request. 1104 Except as provided herein, any such change approved by the City shall not be implemented until January 1105 1 of the next Rate Year unless a different time frame is approved by the City Council. 1106 6.07.5 No Retroactive Adjustments. Extraordinary Adjustments may not be applied 1107 retroactively without City Council approval. Notwithstanding the preceding sentence, in no event may an 1108 Extraordinary Adjustment be applied retroactively to a date prior to July 1, 2023. Contractor may not request 1109 an Extraordinary Adjustment to Initial Service Rates, nor may Contractor request an Extraordinary 1110 Adjustment prior to December 31, 2024. 1111 6.08 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about 1112 five (5) years from the Commencement Date regarding material changes in the cost of providing services 1113 that are substantially in excess of the rate adjustments resulting from the application of Sections 6.04 and FINAL AGREEMENT Page 33 of 192 1114 6.07. If it is determined that there have been material changes in the cost of providing services, then the City 1115 and Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process 1116 for demonstrating material changes in the cost of providing services shall followthe same process as outlined 1117 in Section 6.07.1. 1118 6.09 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1119 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of 1120 the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, 1121 within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, 1122 to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1123 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1124 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1125 the date of receipt of Contractor's request, either party may terminate this Agreement no earlier than one 1126 hundred and eighty (180) days after written notice to the other. 1127 Article 7. Collection Service Billing 1128 7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1129 responsible for the billing and collecting payments for the Collection Services it provides within the Service 1130 Area. 1131 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic 1132 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If 1133 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self- 1 �34 addressed return envelope. All invoices shall include Contractor's e-mail address include directions for 1 35 payment by paymeRt byheck, credit card, or Automated Clearing House (ACH) debit, and shall include or 1136 be accompanied by a complete billing statement showing all charges and all services provided. City shall 1137 have the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable 1138 notice to Contractor. 1139 7.03 Timing: Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1140 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1141 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and 1142 once every Quarter for SFD Service Units. No invoice shall be considered past due and payable GOGRAF than 1143 until the last day of the respective month or Quarter for which Collection Services are provided. 1144 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1145 Contractor's Service Area, Contractor shall pro -rate billing to the Service Recipient on a weekly basis, 1146 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service 1147 provided by Contractor. 1148 7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1149 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment and 1150 after the payment is validated. Contractor shall refund every overpayment that: (1) exceeds two hundred FINAL AGREEMENT Page 34 of 192 1151 dollars ($200.00) or the amount of Service Recipient's typical invoice, whichever is less; or (2) is due to the 1152 Service Recipient closing the account prior to the end of the billing period. Contractor may issue a service 1153 credit of no more than two (2) years against future invoices for all other overpayments. 1154 7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1155 accounts are delinquent by more than ninety (90 days) days to the Agreement Administrator on a monthly 1156 basis. 1157 7.07 Contractor's Reservation of Legal Rights and Remedies. Notwithstanding any other 1158 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1159 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor 1160 shall never discontinue Collection Services to any Service Unit except upon thi-ty fifteen (15) days 1161 prior written notice to both the Service Recipient and the Agreement Administrator. Written notice to be 1162 provided to the Service Unit no sooner than 15 days after the close of the prior quarter. Contractor may send 1163 a written notice to Service Recipient regarding payments of Billings during the billed service period. 1164 Article 8. Diversion Requirements 1165 8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1166 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1167 employ sufficient programs and services to ewe assist City grill in meeting or exceeding City's Diversion 1168 goals requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for 1169 Diversion, and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle 1170 Regulations, and that Contractor will do so without imposing any costs or fees other than those set forth in 1171 Exhibit 1, except as provided in Section 30.01.1. 1172 8.01.1 Minimum Diversion Requirements. Contractor shall meet the following minimum 1 { 73 annual calendar year Franchised Diversion Rates 2r CalRecycle Diversion Rates if subject to Waiver is 1174 requested and received under Section 8.01.7: AgFeement Calendar Year Franchised Diversion Rate CalRecycle Diversion Rate July - Dec 2023-2824 40% 55% 2024-2QE 40% 55% 2025 2026 45% 60% 2026 2927 45% 60% 2027 2928 50% 65% 2028-2023 50% 65% 2029 2030 55% 70% 2030-2034 55% 70% 2031-2932 and After 60% 75°/u FINAL AGREEMENT Page 35 of 192 Formatted: Font color: Auto Formatted: Font color: Auto, Not Strikethrough Formatted: Font color: Auto Formatted: Font color: Auto, Not Strikethrough Formatted: Font color: Auto Formatted: Not Strikethrough Formatted: Not Strikethrough Formatted: Not Strikethrough Formatted: Not Strikethrough Formatted: Not Strikethrough Formatted: Not Strikethrough 1175 8.01.2 Annual Reporting. Contractor shall calculate the actual Franchised Diversion Rate 1�76 1177 basis for each calendar year and shall deliver a written report regarding the same to the City no later than 1178 FebFuary August 15 of the year following the reporting period as set forth in Section 22.04. 1179 8.01.3 Franchised Diversion Rate Calculation. Contractor's actual Franchised Diversion 1180 Rate for any given Calendar Year shall be calculated by dividing (i) the total tonnage of Solid Waste 1181 Collected by Contractor in the City and either Disposed of at the City approved Recyclable Materials 1182 PFeressiRg Faeilit• or Organic Waste Processing Facility, scavenged, or otherwise handled in a manner 1183 that counts as Diversion under applicable CalRecycle regulations; by (ii) the total tonnage of Solid Waste 1184 Collected by Contractor in the City. 1185 8.01.3.1 Diversion for Scavenged Items. Contractor may estimate 1186 diversion of materials lost due to scavenging by determining how many work orders were 1187 submitted for Large Item Pickup and observed by the drivers as to be not out for collection. 1188 Contractor will provide a standard estimate of weight per item that is acceptable to the City. 1189 8.01.4 Failure to Meet Franchised Diversion Rate. If Contractor fails to meet the minimum 1 � 90 annual calendar year Franchised Diversion Rate in a given year, reporting period p * to Sectic, 1191 8.01.2, it shall be subject to Administrative Charges as allowed under Article 25 and specified in Exhibit 6. 1192 Contractor must also submit a written corrective action plan to the City before March 15 of the year following 1193 the missed minimum Diversion requirement. Contractor's corrective action plan must specify all actions 1194 Contractor will take to ensure it will meet Franchised Diversion Rates in the future, and shall be subject to 1195 the review and approval by the Agreement Administrator. Contractor's failure to meet the minimum 1196 Franchised Diversion Rate shall not constitute a default under this Agreement so long Contractor fully 1197 implements all elements of a City approved corrective action plan. If Contractor fails to submit an adequate 1198 corrective action plan or to fully implement a City -approved corrective action plan, it shall subject Contractor 1199 to Administrative Charges as allowed under Article 25 and specified in Exhibit 6 in addition to any other 1200 remedies available to the City. 1201 8.01.5 CalRecycle Diversion Rate Calculation. The actual CalRecycle Diversion Rate for 1t02 any given calendar year shall be calculated with the data provided through the electronic annual report 1203 consistent with CalRecycle and Public Resources Code Section 41780. 1204 8.01.6 Failure to Meet CalRecycle Diversion Rate. If City fails to meet any CalRecycle 1 t05 Diversion FequirernenA-Rate listed in 8.01.1 due to Contractor's failure to implement any Diversion or public 1206 education program as required by this Agreement, Contractor shall be subject to Administrative Charges 1207 as allowed under Article 25 and specified in Exhibit 6. Contractor must also submit a written corrective 1208 action plan to the City before March 15 of the year following the missed minimum CalRecycle Diversion 1209 Rate. Contractor's corrective action plan must specify all actions Contractor will take to help the City to 1210 meeting all Diversion requirements under Applicable Law in the future, and shall be subject to the review 1211 and approval by the Agreement Administrator. If Contractor fails to submit an adequate corrective action 1212 plan or to fully implement a City -approved corrective action plan, it shall subject Contractor to Administrative FINAL AGREEMENT Page 36 of 192 1213 Charges as allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available 1214 to the City. 1215 8.01.7 Waivers. On or about July 1, 2024, and not more often than enGe eveFy tw9 (2) 1216 years on or about August 15 henceforth, Contractor may request to waive or revise the annual Franchised 1217 Diversion requirements. The parties agree to meet and confer, and negotiate in good faith regarding such 1218 requests, taking into account matters such as waste characterization data, trends in source reduction, the 1219 availability of permitted facilities capable of processing material to achieve the required Diversion levels, 1220 the availability of commercially viable markets for Recyclable Materials or Organic Waste, transportation 1221 constraints, embargoes, the impact of scavenging, increasing producer responsibility requirements, 1222 restrictions on single -use plastics, public safety impacts, and the passage of any other legislation that 1223 significantly impacts the waste stream mix. City, via the Agreement Administrator, may not unreasonably 1224 withhold approval of the waiver or revision provided that Contractor's request is accompanied by sufficient 1225 documentation and granting the request would not render the City non -compliant with any State Diversion 1226 mandates. 1227 8.02 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1228 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1229 Contractor's obligations under this Article. City's obligations in this regard shall include, without limitation, 1230 making such petitions and applications as may be reasonably requested by Contractor for time extensions 1231 in meeting Diversion goals, enforce provisions of 15.44.905 Enforcement in the City municipal code or other 1232 exceptions from the terms of Applicable Laws, and to agree to authorize such changes to Contractor's 1233 Recycling, Organic Waste, or Solid Waste programs as may be reasonably requested by Contractor in order 1234 to achieve the minimum requirements of this Article. 1235 8.03 Contractor's Diversion Programs. Contractor shall implement the Diversion programs 1236 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1237 under Applicable Law. 1238 Contractor shall furthermore, at its sole cost and expense, (1) assist the City to respond to inquiries from, or 1239 prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the City's 1240 compliance with Applicable Law; prepare for and participate in CalRecycle' s review of the City's SRRE.; 1241 apply for any extension available under Applicable Law; develop and implement a public awareness and 1242 education program consistent with the City's SRRE and Household Hazardous Waste Element and any 1243 related requirements of Applicable Law; (2) Provide the City with Recycling, source reduction, and other 1244 technical assistance as may be needed to comply with Applicable Law; (3) advise the City of additional 1245 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the 1246 Diversion requirements of Applicable Law; and (4) promptly pay any and all fees, penalties, or other costs 1t47 imposed on the City by CalRecycle relating to its Diversion ^^^'• ^•'s requirements, outlined in this Formatted: Not Strikethrough 1248 agreement and indemnify and hold harmless the City from and against any fines, penalties, or other liabilities, 1�49 levied against the City for violation of such Diversion requirements caused by Contractor's failure to perform Formatted: Not Strikethrough ................................................................................................................................150 its obligations hereunder. 1251 8.04 New Diversion Programs. If Contractor fails to meet any Franchised Diversion requirement 1252 or the City fails to meet any CalRecycle Diversion requirement notwithstanding Contractor's implementation FINAL AGREEMENT Page 37 of 192 1253 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1254 to modify its Diversion and public education programs or implement new programs. Such modifications may 1255 constitute a City -Directed Change under Section 30.01. Contractor shall not implement new Diversion 1256 programs not described in this Agreement without the City's prior consent. 1257 8.05 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements 1258 by any alternative methods or procedures, provided it complies with AB 939, AB 341, AB 1826, AB 1594, 1259 SIB 1016, SIB 1383, and / or any other Applicable Law, as may be amended from time to time. Contractor's 1260 ability to meet its diversion requirements by alternative methods per this Section 8.05 is subject to Agreement 1261 Administrator review and approval. 1262 1263 Article 9. Service Unit Types 1264 9.01 Service Units. Service Units include all the following categories of premises which are in 1265 the Service Area as of July 1, 2023 and all such premises which may be added to the Service Area by means 1266 of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement: 1267 9.01.1 SFD Service Units. Services are specified in Article 10. 1268 9.01.2 MFD Service Units. Services are specified in Article 11. 1269 9.01.3 Mixed -use Development (MXD) Service Units. Services are specified in Article 13. 1270 9.01.4 Commercial Service Units. Services are specified in Article 12. 1271 9.01.5 City Service Units. Services are specified in Article 14. 1272 9.01.6 Any question as to whether a premise falls within one of these categories will be 1273 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1274 final. 1275 9.02 Service Unit Changes. City and Contractor acknowledge that during the term of this 1276 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1277 Service. 1278 9.02.1 Additions and Deletions. Contractor must provide services described in this 1279 Agreement to new Service Units in Contractor's Service Area within five (5) Work Days of receipt of notice 1280 from City or the new Service Unit to begin such Service. 1281 9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1282 Contractor's Service Area is acquired by City through annexation, subject to the requirements of Public 1283 Resources Code section 49520, Contractor agrees to provide Collection Services in such annexed area in 1284 accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination of 1285 former contractor's rights to provide service have been exhausted. Such Collection Services must begin FINAL AGREEMENT Page 38 of 192 1286 within five (5) Work Days of receipt of written notice from City. Contractor may not begin Collection Service 1287 without written authorization from City. 1288 9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1289 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1290 Administrator as requested. 1291 Article 10. Residential Service 1292 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1293 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin 1294 Collection Service. The SFD Services are governed by the following terms and conditions: 1295 10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1296 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1297 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly 1298 containerized in Recycling Carts, except as set forth in Section 10.08.1; Organic Wastes are properly 1299 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, 1300 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1301 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1302 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1303 vehicle. 1304 10.01.2 Bundled SFD Cart Service. Except for those Service Recipients that City 1305 determines may receive In -Ground Service, and those Service Recipients that choose to receive Bins for 1306 service, Contractor will use a weekly Bundled SFD Solid Waste Collection Service system with one (1) 96- 1307 Gallon Garbage Cart, one (1) 96-Gallon Recycling Cart, and one (1) 96-Gallon Organic Waste Cart as part 1308 of the base SFD Solid Waste Collection Service. SFD Service Recipients shall receive additional Recycling 1309 Carts and additional Organic Waste Carts to be included at no additional cost, if requested. Garbage, 1310 Recycling, and/or Organic Waste Carts with a capacity of 32-Gallon or 64-Gallon may be requested by 1311 Customers that have space constraints. Pricing for downsizing Carts, or additional Carts, relative to the 1312 base Bundled Service are included in Exhibit 1. 1313 10.01.3 In -Ground Container Collection. Contractor shall continue to provide weekly Solid 1314 Waste Collection Service to SFD Service Recipients with in -ground Containers ("In -Ground Service"). 1315 Contractor shall remove such Containers form their in -ground housing, bring them to the Collection Vehicle 1316 for dumping, and return them to the in -ground housing, covered. Contractor shall not be obligated to provide 1317 Service Recipients In -Ground Service with Organic Waste Collection as set forth in Section 10.09. 1318 Contractor is not obligated to restart In -Ground Service after Bundled SFD Cart Service is started. Maximum 1319 Service Rates for Service Recipients receiving Collection Service with in -ground Containers are set forth in 1320 Exhibit 1. FINAL AGREEMENT Page 39 of 192 1321 10.01.4 On -Premises Service. Notwithstanding any term or definition set forth in this 1322 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the 1323 SFD Service Recipients premises to an SFD Service Unit as follows. 1324 10.01.4.1 At no additional cost to the SFD Service Unit. SFD Service Units 1325 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1326 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises 1 �27 service has been made. Contractor shall have the right to verify eligibility. In the event of a dispute between 1 28 Contractor and Service Recipient, City shall have the right to make final determination. 1329 10.01.4.2 At an additional cost to the SFD Service Unit. 1330 A. SFD Service Units where topography, steep driveways, below grade dwellings, or 1331 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage, 1332 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1333 Contractor, and if a request for on -premises service has been made. 1334 B. SFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1335 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1336 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1337 or impossible to access using regular trash collection trucks. 1338 C. Contractor must offer "push services" to SFD Service Recipients other than those 1339 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1340 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1341 from their storage location for Collection and returning the Collection Containers back to their storage 1342 location. 1343 10.01.4.3 Contractor must provide on -premises Collection Service on the 1344 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit. 1345 10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection 1346 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must 1347 be scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service, 1348 and Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided, 1349 commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday, 1350 except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended 1351 due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1352 Administrator. 1353 10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1354 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1355 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1356 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on 1357 private property and may not trespass nor cross property to the adjoining premises unless the occupant or FINAL AGREEMENT Page 40 of 192 1358 owner of both properties has given permission. Care should be taken to prevent damage to property, 1359 including flowers, shrubs, and other plantings. 1360 10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1361 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in 1362 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor 1363 being required to replace Collection Containers before they have been fully depreciated, Contractor will be 1364 eligible for additional compensation in accordance with Section 6.07. 1365 10.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts 1366 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1367 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1368 Recipient. 1369 10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1370 Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1371 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1372 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1373 System monthly. 1374 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1375 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1376 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1377 Contractor elects to replace a Cart rather than repair it on -site, Contractor will be compensated for the cost 1378 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1379 Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be 1380 adjusted by the City from time to time as provided under this Agreement. 1381 10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1382 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive 1383 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1384 10.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1385 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1386 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1387 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1388 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1389 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1390 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1391 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit 1392 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1393 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those 1394 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in FINAL AGREEMENT Page 41 of 192 1395 accordance with the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this 1396 Agreement. 1397 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1398 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1399 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1400 in Exhibit 1. 1401 10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor 1402 10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD 1403 Service Recipient, Contractor must clean all Collection Containers at the SFD's premises or must replace 1404 the dirty Collection Containers with clean Collection Containers. Any Collection Container cleanings must 1405 be done in such a manner that results in no water entering the City's storm drain system. This service must 1406 be provided at no charge to the Service Recipient, so long as the service is not requested more than once 1407 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service 1408 Recipient, Contractor will ensure that all Collection Containers are cleaned on an as -needed basis so as to 1409 maintain a clean appearance and proper function. Additional cleanings beyond once each Calendar Year 1410 will be subject to the Service Rate set forth in Exhibit 1. 1411 10.07 SFD Garbage Collection Service. This service is governed by the following terms and 1412 conditions: 1413 10.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed 1414 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10. 1415 10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1416 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1417 Exhibit 9. In the event the Disposal Facility is closed on a Work Day or excessive wait times are 1418 encountered, Contractor must transport and dispose of the Garbage at another legally permitted Disposal 1419 Facility. Notification to the City is required by the end of the same day should another facility be used. 1420 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may 1421 result in Contractor being in default under this Agreement. 1422 10.08 SFD Recycling Service. This service is governed by the following terms and conditions: 1423 10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart ffey 1424 shall be collected as a placed beside the Recycling Cart Of flattened Large Item subject to sections 10.10.1 1425 and 10.10.2. City may direct the Contractor to deliver additional recycling carts if excessive collections are 1426 determined at a specific Service Recipient. 1427 10.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1428 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1429 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are FINAL AGREEMENT Page 42 of 192 1430 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1431 Contractor must follow the steps set forth in Section 5.07. 1432 10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1433 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1434 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1435 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1436 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1437 designate Materials Recovery Facility. 1438 10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1439 at no additional charge, each SFD customer may request that Contractor provide one on -call Move-In/Out 1440 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1441 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each 1442 new account. This service shall only include Recyclable Materials, and in the event that the Service 1443 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1444 counted as one of the SFD Service Recipient's free annual Large Item Collections as set forth in Section 1445 10.10. 1446 10.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that 1447 necessitate any additions or deletions to the services described in this Section 10.08, including the type of 1448 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1449 into an Agreement amendment covering such modifications to the services to be performed and the 1450 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1451 to such services. 1452 10.09 SFD Organic Waste Collection Service. This service is governed by the following terms 1453 and conditions: 1454 10.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1455 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1456 1826, AB 1594, SIB 1016 and SIB 1383, and any subsequent or other Applicable Law. Contractor must 1457 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1458 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1459 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1460 Waste. 1461 10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1462 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1463 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1464 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1465 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1466 City has the right to designate Organic Waste Processing Facility. FINAL AGREEMENT Page 43 of 192 1467 10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1468 for Collection during the three-week period beginning December 261h each year during the term of this 1469 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1470 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1471 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1472 to divert Holiday Trees with tinsel, flocking or ornaments. 1473 10.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service 1474 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1475 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1476 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1477 10.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1478 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1479 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1480 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1481 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted 1482 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1483 10.09.5.1 Manure Cart Collection. Contractor shall provide Manure 1484 Collection Service to any SFD Service Recipients that require and request a Cart for Manure Collection 1 #85 Service at no additional charge to the Service Recipient, Formatted: Font color: Auto, Not Strikethrough Formatted: Font color: Auto 1486 10.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection 1 Service to any SFD Service Recipients that require and request a Bin for Manure Collection Serviceat no Formatted: Font color: Auto, Not Strikethrough 1�87 88 additional charge to the Service ...Recipient.............................................................................................................................................................................................................................._i Formatted: Font color: Auto 1489 10.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1490 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1491 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor's place of storage. 1492 10.10 SFD Large Item Collection Service. This service is governed by the following terms and 1493 conditions: 1494 10.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1495 SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1496 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1497 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1498 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1499 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1500 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no 1501 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1502 compensation from the customer at the rate for such service as set in Exhibit 1. FINAL AGREEMENT Page 44 of 192 1503 10.10.2 Frequency of Service. Large Item Collection Service will be provided on the next 1504 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1505 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1506 Residential Waste. 1507 10.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1508 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1509 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1510 10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1511 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1512 10.10.4.1 Reuse as is (where energy efficiency is not compromised) 1513 10.10.4.2 Disassemble for reuse or Recycling 1514 10.10.4.3 Recycle 1515 10.10.4.4 Disposal 1516 10.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1517 Large Items cannot be reused or recycled. 1518 10.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take 1519 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1520 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1521 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1522 recyclers have removed reusable or recyclable Large Items. 1523 10.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1524 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1525 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in a 1526 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one 1527 postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided with up to 1528 two postage -paid mail -back sharps containers per year at no additional cost. In addition, Contractor shall 1529 promote this program in newsletters and in other forms of outreach as determined by City. Additionally, 1530 Contractor shall provide to the City on an annual basis not less than 200 postage -paid mail -back Sharps 1531 containers for City staff to distribute at special events. 1532 10.12 Extended Producer Responsibility Diversion Program. Contractor shall provide a minimum 1533 of two City-wide textile, carpet, and mattress collection drives on an annual basis. Contractor will schedule 1534 collection events with City approval and advertise the drop-off events not less than one week prior to the 1535 scheduled collection event, but no more than one month prior to the scheduled collection event. All textile, 1536 carpet and mattresses Collected through this program shall be diverted from the landfill either through 1537 donation to a local non-profit organization or through other means of Diversion. FINAL AGREEMENT Page 45 of 192 1538 Article 11. MFD Service 1539 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1540 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following 1541 terms and conditions: 1542 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1543 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1544 Service Area whose MFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials 1545 are properly containerized in Recycling Carts, except as set forth in Section 11.08.1; Organic Wastes are 1546 properly containerized in Organic Waste Carts, except as set forth in Section 11.09.3, where the Garbage, 1547 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1548 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1549 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1550 vehicle. 1551 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1552 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1553 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1554 Recipient, and including at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon 1555 Organic Waste Cart per 2 cu yd of weekly Garbage service as part of the base bundled MFD Collection 1 Service. MFD Service Recipients shall receive additional Recycling Carts and additional GreenOrganic 1t56 57 Waste Carts to be included at no additional cost, if requested. The actual configuration of Recycling and Formatted: Font color: Auto, Not Strikethrough 1558 Organic Waste Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a Formatted: Font color: Auto 1559 manner determined by the Service Recipient in consultation with the Contractor. Additional services may 1560 be requested by the MFD Service Recipient. To be considered for an exemptedion from MFD Recycling 1561 Service or MFD Organic Waste Collection Service, Service Recipient must apply for exemption to the 1562 Contractor Cam. All such exemption applications must be reported in the Waste Reporting System and 1563 approved by the City. Pricing for downsizing Carts, or additional Carts, relative to the base Bundled Service 1564 are included in Exhibit 1. 1565 11.01.3 In -Ground Container Collection. Contractor shall continue to provide weekly Solid 1566 Waste Collection Service to MFD Service Recipients with in -ground Containers ("In -Ground Service"). 1567 Contractor shall remove such Containers form their in -ground housing, bring them to the Collection Vehicle 1568 for dumping, and return them to the in -ground housing, covered. Contractor shall not be obligated to provide 1569 Service Recipients In -Ground Service with Organic Waste Collection as set forth in Section 11.09. 1570 Contractor is not obligated to restart In -Ground Service after Bundled MFD Cart Service is started. 1571 Maximum Service Rates for Service Recipients receiving Collection Service with in -ground Containers are 1572 set forth in Exhibit 1. 1573 11.01.4 On -Premises Service. Notwithstanding any term or definition set forth in this 1574 Agreement, Contractor must provide Collection of MFD Garbage, Recycling, and Organic Waste on the 1575 MFD Service Recipients premises to an MFD Service Unit as follows. FINAL AGREEMENT Page 46 of 192 1576 1577 1578 1t79 1 80 1P81 1582 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. .-- Formatted: Indent: Left: 1.5', No bullets or numbering 11.01.4.2 At an additional cost to the MFD Service Unit. 1583 A. MFD Service Units where topography, steep driveways, below grade dwellings, or 1584 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage, 1585 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1586 Contractor, and if a request for on -premises service has been made. 1587 B. MFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1588 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1589 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1590 or impossible to access using regular trash collection trucks. 1591 C. Contractor must offer "push services" to MFD Service Recipients other than those 1592 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1593 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1594 from their storage location for Collection and returning the Collection Containers back to their storage 1595 location. 1596 11.01.4.3 Contractor must provide on -premises Collection Service on the 1597 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit. 1598 11.02 Frequency and Scheduling of Service. This service must be provided as deemed 1599 necessary and determined between Contractor and the MFD Service Unit, but such service must be received 1600 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 1601 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and 1602 Contractor as long as the minimum frequency requirement is met. The size of the container and the 1603 frequency (above the minimum) of Collection will be determined between the MFD Service Unit and 1604 Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be placed 1605 outside the Collection Container. Contractor must provide containers as part of the Commercial Collection 1606 Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1607 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1608 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1609 by Service Recipients must be owned and supplied by Contractor. 1610 11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1611 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1612 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1613 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on FINAL AGREEMENT Page 47 of 192 1614 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1615 owner of both properties has given permission. Care should be taken to prevent damage to property, 1616 including flowers, shrubs, and other plantings. 1617 11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1618 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in 1619 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor 1620 being required to replace Collection Containers before they have been fully depreciated, Contractor will be 1621 eligible for additional compensation in accordance with Section 6.07. 1622 11.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts 1623 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1624 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1625 Recipient. 1626 11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1627 Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1628 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1629 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1630 System monthly. 1631 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1632 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1633 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1634 Contractor elects to replace a Cart rather than repair it on -site, Contractor will be compensated for the cost 1635 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1636 Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be 1637 adjusted by the City from time to time as provided under this Agreement. 1638 11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1639 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive 1640 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1641 11.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1642 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1643 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1644 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1645 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1646 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1647 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1648 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit 1649 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1650 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those FINAL AGREEMENT Page 48 of 192 1651 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1652 accordance with the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this 1653 Agreement. 1654 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1655 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1656 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1657 in Exhibit 1. 1658 11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor 1659 11.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the MFD, 1660 Contractor must clean all Collection Containers at the MFD's premises or must replace the dirty Collection 1661 Containers with clean Collection Containers. Any Collection Container cleanings must be done in such a 1662 manner that results in no water entering the City's storm drain system. This service must be provided at no 1663 charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year. 1664 In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will 1665 ensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a clean 1666 appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject to 1667 the Service Rate set forth in Exhibit 1. 1668 11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1669 conditions: 1670 11.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed 1671 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10. 1672 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1673 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1674 Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose 1675 of the Garbage at another legally permitted Disposal Facility. Failure to comply with this provision will result 1676 in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this 1677 Agreement. 1678 11.08 MFD Recycling Service. This service is governed by the following terms and conditions 1679 11.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be 1680 placed beside the Recycling Cart if flattened. may shall be collected as a placed beside the Recycling r„+ 1681 Of flattened Large Item subject to sections 10.10.1 and 10.10.2. City may direct the Contractor to deliver 1682 additional recvclina carts if excessive collections are determined at a specific Service Recipient. 1 V83 i i as ' - - - t Formatted: No bullets or numbering 1684 11 08 811.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1685 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste FINAL AGREEMENT Page 49 of 192 1686 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1687 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1688 Contractor must follow the steps set forth in Section 5.07. 1689 41 98411.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all 1690 Recyclable Materials collected as a result of performing recycling services must be delivered to the 1691 Materials Recovery Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of 1692 a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. All 1693 expenses related to materials processing and marketing will be the sole responsibility of Contractor. City 1694 has the right to designate Materials Recovery Facility. 1695 41 08 511.08.4 Move In/Out Collection Service. Within three (3) months of opening anew 1696 account, at no additional charge, each MFD customer may request that Contractor provide one on -call 1697 Move-In/Out Recyclable Material Collection Service for recyclable packaging materials such as flattened 1698 cardboard boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service 1699 for each new account. This service shall only include Recyclable Materials, and in the event that the Service 1700 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1701 counted as one of the MFD Service Recipient's free annual Large Item Collections as set forth in Section 1702 11.10. 1703 11 08 611.08.5 Recycling -Changes to Services. Should changes in Applicable Law arise 1704 that necessitate any additions or deletions to the services described in this Section 11.08, including the 1705 type of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and 1706 will enter into an Agreement amendment covering such modifications to the services to be performed and 1707 the compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or 1708 revisions to such services. 1709 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1710 and conditions: 1711 11.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1712 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1713 1826, AB 1594, SIB 1016 and SIB 1383, and any subsequent or other Applicable Law. Contractor must 1714 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1715 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1716 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1717 Waste. 1718 11.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1719 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1720 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1721 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1722 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1723 City has the right to designate Organic Waste Processing Facility. FINAL AGREEMENT Page 50 of 192 1724 11.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1725 for Collection during the three-week period beginning December 261h each year during the term of this 1726 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1727 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1728 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1729 to divert Holiday Trees with tinsel, flocking or ornaments. 1730 11.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service 1731 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1732 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1733 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1734 11.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1735 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1736 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1737 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1738 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted 1739 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1740 11.09.5.1 Manure Cart Collection. Contractor shall provide Manure Collection 1 �41 Service to an MFD Service Recipients that require and request a Cart for Manure Collection Service at no Formatted: Font color: Auto, Not Strikethrough 1 42 additional charge to the Service Recipient. 1743 11.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection 1744 Service to any MFD Service Recipients that require and request a Bin for Manure Collection Service at no 1745 additional charge to the Service Recipient. 1746 11.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1747 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1748 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor's place of storage. 1749 11.10MFD Large Item Collection Service. This service is governed by the following terms and 1750 conditions: 1751 11.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1752 MFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1753 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1754 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1755 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1756 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1757 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no 1758 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1759 compensation from the customer at the rate for such service as set in Exhibit 1. FINAL AGREEMENT Page 51 of 192 1760 11.10.2 Frequency of Service. Large Item Collection Service will be provided on the next 1761 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1762 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1763 Residential Waste. 1764 11.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1765 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1766 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1767 11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1768 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1769 11.10.4.1 Reuse as is (where energy efficiency is not compromised) 1770 11.10.4.2 Disassemble for reuse or Recycling 1771 11.10.4.3 Recycle 1772 11.10.4.4 Disposal 1773 11.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1774 Large Items cannot be reused or recycled. 1775 11.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take 1776 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1777 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1778 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1779 recyclers have removed reusable or recyclable Large Items 1780 1781 11.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1782 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1783 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in 1784 an appropriate manner, Contractor shall provide, upon request, each MFD Service Recipient with up to 1785 one postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided 1786 with up to two postage -paid mail -back sharps containers per year at no additional cost. In addition, 1787 Contractor shall promote this program in newsletters and in other forms of outreach as determined by 1788 city. 1789 1790 Article 12. Commercial Service 1791 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1792 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service 1793 Units and those City Service Units listed in Exhibit 3. MFD Units serviced with Bins will abide by the 1794 guidelines listed in this Section but are serviced as part of the Residential Collection Service. This service is 1795 governed by the following terms and conditions: FINAL AGREEMENT Page 52 of 192 1796 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1797 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all 1798 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1799 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection 1800 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1801 Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Garbage and 1802 Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes and 1, 2-, and 32-cubic yard sizes for Organic 1803 Waste Bins. GentF..Stff n off eF Rolloff I ..ntai. eFS on 1 2 30, 40 oubie yaFd sizes, andI ellestie. 1804 49M Sew The size of the container and the frequency (above the minimum) of Collection will be 1805 determined between the Service Recipient and Contractor. However, the size and frequency must be 1806 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the 1807 Collection Container. The base Commercial Collection Service will include Commercial Recycling Service 1808 as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as described in 1809 Section 12.05.5 below. All bins to be labeled with maximum weight limits. If the bins are found to be over 1810 the weight limit, the Contractor may choose to not service the bin. The service account holder must be 1811 notified within 24 hours by the Contractor identifying which bin is over the weight limit. 1812 1813 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1814 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including 1815 at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2 1816 cu yd of weekly garbage trash (garbage plus FeGY Rg) service as part of the base bundled Commercial 1817 Collection Service. The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be 1818 based on the total equivalent volume and configured in a manner determined by the Service Recipient in 1819 consultation with the Contractor. Additional services may be requested by the Commercial Service 1820 Recipient. To be exempted from Commercial Recycling Service or Commercial Organic Waste Collection 1821 Service, Service Recipient must apply for exemption to the Sentrastor City.All such exemption applications 1822 must be reported in the Waste Reporting System and approved by the City. 1823 12.01.3 Hours of Collection. Commercial Collection Service must be provided as set forth 1824 in Section 15.44.600 of the Municipal Code, commencing no earlier than 5:00 a.m., and terminating no later 1825 than 7:00 p.m., Monday through Saturday, except for Holidays. If the Commercial Collection Service is 1826 adjacent to Residential Premises, then collection service will be provided no earlier than 7:00 a.m. Monday 1827 through Friday and 8:OOam on Saturday. The hours, day, or both of Collection may be extended due to 1828 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1829 Administrator. 1830 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1831 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide "push 1832 services" and "stinger/scout truck services" as necessary upon request during the provision of Commercial 1833 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1834 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1835 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck FINAL AGREEMENT Page 53 of 192 1836 services provide for the retrieval of Collection Containers from locations with accessibility constraints that 1837 make Containers difficult or impossible to access using regular trash collection trucks. 1838 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service with 1839 as little disturbance as possible and must leave any Collection Container at the same point it originally 1840 located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1841 12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and 1842 newly painted Bins and Roll -off Containers in good condition that comply with Collection Container 1843 specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective Date that 1844 results in Contractor being required to replace Collection Containers before they have been fully depreciated, 1845 Contractor will be eligible for additional compensation in accordance with Section 30.01.1. 1846 12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service 1847 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new 1848 Commercial and MFD/MXD Service Units that are added to Contractor's Service Area during the term of 1849 this Agreement. The size and mix of the Collection Containers will be in accordance with the service 1850 agreement obtained by Contractor as set forth in this Agreement and the distribution must be completed 1851 within five (5) Work Days of receipt of the request for service. 1852 12.02.2 Replacement of Collection Containers. Contractor's employees must avoid 1853 damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by 1854 the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no 1855 cost or inconvenience to the Service Recipient. 1856 12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1857 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial 1858 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the 1859 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per 1860 Commercial Service Unit during the initial term of the Agreement, in accordance with the "Collection 1861 Container Exchange" Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a 1862 replacement Collection Container to such Service Unit within five (5) Work Days. 1863 12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection 1864 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such 1865 repairs, Contractor must repair/repaint the Collection Container or if necessary, remove the Collection 1866 Container for repairs and deliver a replacement Collection Container to the Service Recipient. Collection 1867 Container repair also includes the removal of graffiti from the Collection Container. 1868 12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1869 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1870 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible 1871 to receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1872 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) FINAL AGREEMENT Page 54 of 192 1873 Collection Container exchange per Calendar Year, in accordance with the appropriate "Collection Container 1874 Exchange" service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional 1875 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set 1876 forth in Exhibit 1. 1877 12.02.5 Ownership of Collection Containers. Ownership of Collection Containers 1878 distributed by Contractor is vested in Contractor. 1879 12.02.6 Cleaning of Collection Containers. Once each Calendar Year, if requested by the 1880 Commercial Service Unit, Contractor must clean all Collection Containers at the Commercial Service Unit's 1881 premises or must replace the dirty Collection Containers with clean Collection Containers. Any Collection 1882 Container cleanings must be done in such a manner that results in no water entering the City's storm drain 1883 system. This service must be provided at no charge to the Service Unit, so long as the service is not 1884 requested more than once per Calendar Year. In addition, regardless of whether or not this cleaning is 1885 requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned on an as- 1886 needed basis so as to maintain a clean appearance and proper function. Additional cleanings beyond once 1887 each Calendar Year will be subject to the Service Rate set forth in Exhibit 1. 1888 12.03 Commercial Garbage Collection Service. 1889 12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1890 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1891 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1892 12.03.2 Size and Frequency of Service. This service must be provided as deemed 1893 necessary and determined between Contractor and the Commercial Service Unit, but such service must 1894 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except 1895 that Collection service scheduled to fall on a holiday may be rescheduled as determined between the 1896 Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the container 1897 and the frequency (above the minimum) of Collection will be determined between the Commercial Service 1898 Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need 1899 be placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1900 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1901 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1902 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1903 used by Service Recipients must be owned and supplied by Contractor. 1904 12.03.3 Non -Collection. Contractor is not required to Collect any Commercial Solid Waste 1905 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1906 Garbage Collection Container because of overflow. In the event of non -collection or overflow, Contractor 1907 must follow the steps as set forth in Section 5.13. 1908 12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1909 Solid Waste Collection Services must be transported to, and disposed of, at the Disposal Facility. In the FINAL AGREEMENT Page 55 of 192 1910 event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose of Solid Waste 1911 at another legally permitted disposal facility. Failure to comply with this provision will result in the levy of a 1912 penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. City 1913 has the right to designate Disposal Facility and agrees to adjust Maximum Service Rates to reflect City's 1914 exercise of flow control rights. 1915 12.04 Commercial Recycling Service. This service is governed by the following terms and 1916 conditions: 1917 12.04.1 Conditions of Service. Contractor must provide Commercial Recycling Service to 1918 all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in 1919 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are 1920 accessible. The Maximum Service Rates for Contractor's Commercial Recycling Services are set forth in 1921 Exhibit 1. 1922 12.04.2 Base Commercial Recycling Service. All Commercial Service Recipients 1923 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling 1924 Materials with a minimum of at least one 96-gallon Recycling Cart per Service Recipient and included in 1925 the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling Collection Container sizes to 1926 be provided will be based on the total equivalent volume and configured in a manner determined by the 1927 Service Recipient in consultation with Contractor. 1928 12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary 1929 and determined between Contractor and the Service Recipient, but such service must be received no less 1930 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1931 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1932 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection 1933 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1934 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 1935 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1936 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the 1937 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled 1938 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1939 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1940 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1941 by Service Recipients must be owned and supplied by Contractor. 1942 12.04.4 Recycling - Improper Procedure. Contractor is not required to Collect Recyclable 1943 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid 1944 Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are 1945 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1946 Contractor must follow the steps as set forth in Section 5.07. FINAL AGREEMENT Page 56 of 192 1947 12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1948 performing Recycling Services must be delivered to the Materials Recovery Facility listed in Exhibit 9. 1949 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may 1950 result in Contractor being in default under this Agreement. All expenses related to materials processing and 1951 marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery 1952 Facility and agrees to adjust Maximum Service Rates to reflect City's exercise of flow control rights. 1953 12.04.6 Recycling - Changes to Work. Should changes in law arise that necessitate any 1954 additions or deletions to the work described herein including the type of items included as Recyclable 1955 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1956 amendment covering such modifications to the work to be performed and the compensation to be paid in 1957 accordance with Section 30.01.1 before undertaking any changes or revisions to such work. 1958 12.04.7 Compliance with AB 341 & SIB 1383. Contractor will develop and maintain its 1959 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve 1960 and maintain compliance with AB 341 and SIB 1383. Contractor will notify Commercial Service Recipients 1961 of the requirements to comply with the laws in November 2023, and not less than annually thereafter. 1962 Contractor must provide the necessary volume of Collection Service to Commercial Service Units in order 1963 to be in full compliance with the law. In conjunction with the City's ordinance supporting full compliance with 1964 AB 341 and SIB 1383 by Commercial Service Units (i.e., "generators"), Contractor will conduct in -person 1965 outreach to all non -participating commercial covered generators a minimum of once per calendar year. 1966 Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 1967 12.04.8 Additional Recycling Collection containers. Contractor must provide additional 1968 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within 1969 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that 1970 additional Collection Containers are used by Service Recipients for the purposes of setting out additional 1971 Recyclable Materials for regular weekly Commercial Recycling Service. 1972 12.05 Commercial Organic Waste Collection Service. This service is governed by the following 1973 terms and conditions: 1974 12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste 1975 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 1976 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are 1977 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the 1978 specific materials to be included the Service Recipient's Organic Waste Collection (e., FeedWaste, 1979 . Contractor will charge for collection of Organic Waste within the 1980 Bundled Service rate specified in Exhibit 1. For Organic Waste collected in Collection Containers beyond 1981 the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1. 1982 Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, 1983 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service 1984 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 1985 1. Contractor will provide a sufficient number of Collection Containers and at a collection frequency to allow FINAL AGREEMENT Page 57 of 192 1986 for any such Service Unit to utilize the collection of Organic Waste. Commercial Organic Waste Collection 1987 will occur Monday through Saturday upon request and as necessary. City shall provide Contractor a list of 1988 the names and addresses of Commercial Service Units that are approved by City for exemption from 1989 Organic Waste Collection. 1990 12.05.2 Organic Waste Processing Services. Contractor must ensure that all Organic 1991 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1992 1826, AB 1594, SIB 1016 and SIB 1383, and any subsequent or other Applicable Law. Contractor must 1993 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1994 for residue resulting from processing. If the organics processing facility accepts bagged organic waste, then 1995 Contractor is obligated to accept bagged Organic Waste. 1996 12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1997 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 1998 station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1999 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 2000 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to 2001 designate Organic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City's 2002 exercise of flow control rights. 2003 12.05.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 2004 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 2005 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce 2006 the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its 2007 collection costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must 2008 provide City with its estimate of reduced its costs and shall make adjustments to the Maximum Service 2009 Rates. 2010 12.05.5 Base Commercial Organic Waste Service. All Commercial Service Recipients 2011 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent 2012 volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient included in the Bundled 2013 Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided will be 2014 based on the total equivalent volume and configured in a manner determined by the Service Recipient in 2015 consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth 2016 in Exhibit 1 for Commercial Organic Waste Service greater than the base 32-gallon Organic Waste Cart. 2017 12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary 2018 and determined between Contractor and the Service Recipient, but such service must be received no less 2019 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 2020 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 2021 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 2022 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 2023 Collection will be determined between the customer and Contractor. However, size and frequency must be 2024 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service FINAL AGREEMENT Page 58 of 192 2025 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 2026 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 2027 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 2028 Contractor. 2029 12.05.7 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 2030 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 2031 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through 2032 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 2033 the steps set forth in Section 5.07. 2034 12.05.8 Organic Waste - Changes to Services. Should changes in law arise that 2035 necessitate any additions or deletions to the services described in this Section including the type of items 2036 included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into an 2037 Agreement amendment covering such modifications to the services to be performed and the compensation 2038 to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions to such services. 2039 12.05.9 Compliance with AB 1826 & SIB 1383. Contractor will develop and maintain its 2040 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 2041 to achieve and maintain compliance with AB 1826 and SIB 1383. Contractor will notify non-exempt covered 2042 businesses of the requirements to comply with the law in November 2023, and no less than annually 2043 thereafter. Contractor will offer to provide the volume of collection service that covered businesses require 2044 to be in compliance with the law. In conjunction with the City's ordinance supporting full compliance with 2045 AB 341, SIB 1383 and AB 827 by Commercial Service Units (i.e., "generators"), Contractor will conduct in- 2046 person outreach to all non -participating non-exempt commercial covered generators as specified in Section 2047 20.02. Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 2048 12.05.10 Additional Organic Waste Collection Containers. Contractor must provide 2049 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 2050 that additional Collection Containers are used by Service Recipients for the proposes of setting out 2051 additional Organic Waste materials for regular weekly Organic Waste Collection Service. 2052 12.05.11 Manure Collection Service. Contractor shall Collect all Manure placed in 2053 an Organic Waste Container at least once per week, or more often if arranged between Service Recipient 2054 and Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or 2055 weight, so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes 2056 regarding the maximum weight that may be accommodated in such Containers. All Manure collected shall 2057 be diverted from landfilling through composting or other means and may not be collected or commingled 2058 with Garbage. 2059 12.05.11.1 Manure Cart Collection. Contractor shall provide Manure 2060 Collection Service to Commercial Customers that utilize Cart service for Manure Collection Service may be 2061 charged no more than the Maximum Service Rates as set forth in Exhibit 1. FINAL AGREEMENT Page 59 of 192 2062 12.05.11.2 Manure Bin Collection. Contractor shall provide Manure Collection 2063 Service to Commercial Customers that utilize Bin service for Manure Collection Service may be charged 2064 no more than the Maximum Service Rates as set forth in Exhibit 1. 2065 Article 13. Mixed Use Dwelling Service (MXD) 2066 13.01 MXD Collection Service. As in Section 12.01. 2067 13.02 MXD Solid Waste Collection Service. As in Section 12.03. 2068 13.03 MXD Recycling Service. As in Section 12.04. 2069 13.04 MXD Move In/Out Collection Service. As in Section 10.08.4. 2070 13.05 MXD Organic Waste Collection Service. As in Section 12.05. 2071 13.06 MXD Large Item Collection Services. As in Section 10.10; Contractor may charge Service 2072 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1. 2073 Article 14. City Services 2074 14.01 City Collection Conditions of Service. City Collection Services shall be governed by the 2075 following terms and conditions: 2076 14.01.1 City Collection Services. Contractor shall provide Garbage, Recycling, and 2077 Organic Waste Collection Services to all City Service Units set forth in Exhibit 3, or as City may designate 2078 in the future (and where applicable, subject to the conditions in this Section), where the Containers are not 2079 blocked and are accessible by Contractor's Collection Vehicles. 2080 14.01.2 Contractor's Good Will. In exchange for the good will of the City and the general 2081 public, Contractor voluntarily agrees to provide Collection Services under this Article at no cost to the City 2082 excepting excess service as provided in this Article, and warrants that such service shall neither impact the 2083 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 2084 14.01.3 Contractor shall receive written permission from the City before placing any 2085 Collection Containers on City owned property for service, except that no such permission shall be needed 2086 to place Collection Containers at locations specified for such Containers in Exhibit 3. 2087 14.01.4 Contractor shall limit the number of trips and the path of travel for Collection 2088 Vehicles in City parking lots. 2089 14.01.5 Container Service. City Facilities shall be provided Collection Services generally 2090 subject to the same terms and conditions as similar Service Units with regard to Container specifications, 2091 repair, replacement, cleanings, and exchange; provided the City shall not be charged for any requests for 2092 such services. FINAL AGREEMENT Page 60 of 192 2093 14.01.6 Frequency of Service. The frequency of collection may be designated by the City, 2094 but not to exceed six (6) times per week per container. City may change the City Service Units receiving 2095 service, and the container volume and Collection frequency provided to any City Service Unit, by written 2096 notice to Contractor. 2097 14.02 Citv Clean -Up Services 2098 14.02.1 City's Enforcement Clean -Up Services. Within one (1) Work Day of a request from 2099 the Agreement Administrator, Contractor shall provide Roll -off Containers to support City's Enforcement 2100 Clean -Up Services in the Service Area. City shall be responsible for loading or arranging for loading of each 2101 Roll -off Container. Contractor shall collect, transport and deliver City Code Enforcement Clean -Up Services 2102 Garbage, Recyclable Material, and Organic Waste to a Disposal Facility, the Materials Recovery Facility, 2103 or Organics Processing Facility, as appropriate given the characteristics of the load. Contractor shall deliver, 2104 and collect, transport and process the City's Enforcement Clean -Up Services waste from up to sixty (60) 2105 Roll -off Containers each Agreement Year at no charge to the City. Contractor shall be entitled to charge 2106 the City for collected materials exceeding sixty (60) collections per Agreement Year in accordance with the 2107 Service Recipient Rates as set forth in Exhibit 1. 2108 14.02.2 Abandoned Waste/Illegal Dumping Reporting. When conducting service within the 2109 City, Contractor shall direct its Collection Vehicle drivers to report to Contractor sightings of illegal dumping 2110 of Waste by recording: (i) the addresses of any Service Area where Garbage, Recyclable Material, and/or 2111 Organics Waste is accumulating; and (ii) the address, or other location description at which Garbage, 2112 Recyclable Material, and/or Organics Waste has been dumped. Contractor shall report to the City sightings 2113 and the recorded address within three (3) Work Days. 2114 14.02.3 Abandoned Waste/Illegal Dumping Clean-up. At City's direction, Contractor shall 2115 collect, transport and process dumped items based on high volume sites throughout City and specific 2116 customer complaints, at no additional charge to City. At all times possible, Contractor will manage requests 2117 through the City's Resident Service Center (RSC) system or any other reporting system utilized. 2118 14.03 City -Sponsored Events Service. Upon request by the City, Contractor shall provide 2119 Containers and Collection Services at City -Sponsored Events upon request, including but not limited to those 2120 specified in Exhibit 2, at no cost to the City. 2121 14.04 Large Item Collection Service. Contractor shall collect Large Items, including E-Waste and 2122 Universal Waste, from City Services Units as listed on Exhibit 3 on an on -call basis on the same terms and 2123 conditions as are provided to SFD Service Units per Section 10.10 at rates specified in Exhibit 1. 2124 Article 15. Additional Services 2 25 15.01 Large Item Drop-off. Service Recipients may drop-off household nlimitccr'' Bulky Items, 2 26 BWIgenerated at their own Residential PrerTfisesJand not at other Residential.°-em'ses Formatted: Font: Arial, Font color: Red 2 27 ram) excluding Construction and Demolition Debris, at the Contractor's designated site within the City Formatted: Font color: Red 2128 between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday and between 8:OOa.m. and 12:00 FINAL AGREEMENT Page 61 of 192 2129 p.m., one Saturday per month. Contractor shall not charge Service Recipients for accepting, processing, or 2130 Disposing of Bulky Items so delivered. Contractor shall handle all Organic Waste, Recyclable Materials, and 2{31 electronic waste so deposited at its facility in accordance with all Applicable Laws and regulations. Eroof of Formatted: Font color: Red 2 32 service address and identification will be required to utilize this service. 2133 15.02 Neighborhood Clean -Up Events. Contractor shall provide Collection Services at 2134 Neighborhood Clean -Up Events at a maximum of twelve (12) per year upon request by City. Each event 2135 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 2136 and shall be limited to SFD, MFD, and MXD Service Recipients within the City. Contractor shall provide a 2137 maximum of three (3) 40-yard Roll -off Containers per event. The Agreement Administrator shall notify 2138 Contractor in writing or e-mail not less than eight (8) weeks prior to the date of the Neighborhood Clean -Up 2139 Event. The services shall be provided in a manner that meets all needs of the Neighborhood Clean -Up 2140 Event. The events must not occur during the week prior, the week of, or the week after a Holiday. The events 2141 shall be conducted by Contractor at no cost of any kind to the City. Contractor shall provide staffing to support 2142 City management at all times during the Clean -Up Days Events. 2143 15.02.1 Contractor shall prepare and distribute to SFD, MFD, and MXD Residential Service 2144 Recipients Neighborhood Clean -Up Event notices no later than six (6) weeks prior to each event. At a 2145 minimum, the dates and hours of operation, locations of the collection sites, and acceptable materials for 2146 collection shall be included in the notices. Contractor may separately mail electronically transmit the notices 2147 or provide the notices as billing inserts to each SFD, MFD, and MXD Residential Service Recipient. 2148 Contractor shall provide Spanish -translated notices upon request by the City. The costs of production, 2149 printing, mailing and all associated costs for the notices shall be borne by Contractor. Contractor shall also 2150 provide their information in digital format to the City. 2151 15.03 Mulch or Compost Delivery. At no cost to the City, Contractor must assist City in arranging 2152 for produced compost/mulch, or other recovered organic waste products to comply with SIB 1383 2153 procurement requirements to be delivered in qualities, quantities, locations and times agreed on between 2154 City and Contractor. Such Contractor assistance can be in the form of backhauling materials or setting aside 2155 locations for Service Recipients to pick up produced compost/mulch at an approved facility. Contractor 2156 agrees to provide up to 7,700 cubic yards of compost or mulch to the City annually. 2157 15.04 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2158 the City's Edible Food Recovery program as required under SIB 1383. Contractor support may include 2159 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2160 providing lists of food recovery organizations, and coordinating with Agreement Administrator. 2161 15.05 Free Paper Shredding Events. Up to four (4) times per year, at no additional cost to City or 2162 its residents, Contractor will conduct a free paper shredding event at a location as determined by the City. 2163 At each event, all City residents will be permitted to deliver an unlimited amount of paper for shredding free 2164 of charge by Contractor. Contractor must arrange for all shredded paper generated by each event to be 2165 processed in such a manner so as to ensure the diversion of this material from landfilling. FINAL AGREEMENT Page 62 of 192 2166 Article 16. Collection Routes 2167 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2168 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2169 16.02 Initial Route Changes. Contractor agrees not to change any Residential Collection Services 2170 routes in effect as of the Effective Date of this Agreement prior to July 1, 2024, with the exception of limited 2171 route changes that may be necessary for new development, and subject to review and approval by the City. 2172 After July 1, 2024, if any re-routing of Residential Collection services is necessary for collection efficiency, 2173 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than 2174 sixty (60) calendar days prior to the proposed date of implementation. Any such initial routing change may 2175 not affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and 2176 approval. 2177 16.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2178 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2179 implementation. Contractor may not implement any route changes without the prior review of the Agreement 2180 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify 2181 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date 2182 of implementation. 2183 16.04 Collection Route Audits. City reserves the right to conduct audits of Contractor's Collection 2184 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2185 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits. 2186 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of 2187 any person designated by the Agreement Administrator to conduct such audits. 2188 Article 17. Minimum Performance and Diversion Standards 2; 89 17.01 Agreement Extension. In order to receive the Agreement term extens ^nextension, offer 2190 set forth in Section 2.02 of this Agreement, Contractor must meet or exceed the following annual minimum 2{91 performance and diversion standards in each Calendar Year beginning January 2024, unless otherwise 2 92 approved by City Council. 2193 17.01.1 Performance Standards. Assessment of penalties and charges, as set forth in 2194 Exhibit 6 of this Agreement, totaling less than $50,001 in any one (1) Calendar Year. 2195 17.01.2 Minimum Diversion Standards. Contractor must meet the requirements set forth in 2196 Article 8. 2197 17.01.3 No Current Default. Contractor is not currently in default of the Agreement. 2198 17.02 Billing Audit and Performance Reviews. FINAL AGREEMENT Page 63 of 192 2199 17.02.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2200 to determine that the amount which the Contractor is billing each Customer is correct with regard to the 2201 level of service (i.e., frequency of collection, size of container, location of container) at the rates approved 2202 by City Council resolution. The Contractor shall review Customer accounts not less than annually and 2203 provide a written certification to the City that all such billing is correct. The documentation of the review, as 2204 well as verification that any errors have been corrected should be provided to the City annually. 2205 17.02.2 Selection and Cost. City may conduct billing audit and performance reviews 2206 (together, "reviews") of Contractor's performance during the term of this Agreement, as provided herein. 2207 The reviews will be performed by the City or a qualified firm under contract to City. City will have the final 2208 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the 2209 Agreement. City and Contractor agree to each pay fifty -percent (50%) of the cost of the audits and 2210 performance reviews provided for under Section 17.02. 2211 17.02.2.1 Full Reviews During Initial Term. City may conduct two (2) full 2212 reviews with costs apportioned as stated in Section 17.02.2 during the Initial Term of this Agreement. The 2213 purpose of these full reviews will be as described in Section 17.02.3 below. 2214 17.02.2.2 Full Review During Extension Period. In the event that Contractor 2215 is granted an extension to the term of this Agreement as described in Section 2.02, City may conduct one 2216 (1) additional full review during each of the five (5) year extension periods. The purpose of this full review 2217 is described in Section 17.02.3. For each of these full review costs will be apportioned as stated in Section 2218 17.02.2. 2219 17.02.3 Purpose. The reviews will be designed to verify that customer billing rates have 2220 been properly calculated and they correspond to the level of service received by the customer, verify that 2221 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this 2222 Agreement have been properly calculated and paid to City, verify Contractor's compliance with the reporting 2223 requirements and performance standards of this Agreement, verify the diversion percentages reported by 2224 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize 2225 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2226 documents, on -site and field observations, and interviews. City (or its designated consultant) will review 2227 and document the items in the Agreement that require Contractor to meet specific performance standards, 2228 submit information or reports, perform additional services, or document operating procedures, that can be 2229 objectively evaluated. This information will be documented and be formatted in a "compliance checklist" 2230 with supporting documentation and findings tracked for each of the identified items. The review will 2231 specifically include a determination of Contractor's compliance with the diversion requirements of Article 8, 2232 and the public outreach and education requirements of Article 20. City (or its designated consultant) may 2233 review the customer service functions and structure utilized by Contractor. This may include Contractor's 2234 protocol for addressing customer complaints and service interruption procedures. Complaint logs may be 2235 reviewed, along with procedures and systems for tracking and addressing complaints. On -site and field 2236 observations by City (or its designated consultant) may include, but are not necessarily limited to: FINAL AGREEMENT Page 64 of 192 2237 17.02.3.1 Interviews and discussions with Contractor's administration and 2238 management personnel; 2239 17.02.3.2 Review and observation of Contractor's customer service functions 2240 and structure; 2241 17.02.3.3 Review of public education and outreach materials; 2242 17.02.3.4 Interviews and discussions with Contractor's financial and accounting 2243 personnel; 2244 17.02.3.5 Interviews with route dispatchers, field supervisors and managers; 2245 17.02.3.6 Interviews with route drivers; 2246 17.02.3.7 Interviews with vehicle maintenance staff and observation of 2247 maintenance practices; and 2248 17.02.3.8 Review of on -route Collection Services, including observation of driver 2249 performance and collection productivity and visual inspection of 2250 residential routes before and after collection to evaluate cart 2251 placement and cleanliness of streets. 2252 17.02.4 Contractor's Cooperation. Contractor shall cooperate fully with the review and 2253 provide all requested data, including operational data, financial data of the type described in Section 2254 17.01.1, and other data reasonably requested by City within fifteen (15) Work Days of the request. 2255 17.02.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2256 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of 2257 this Agreement and such non-compliance is material, Contractor is subject to administrative fees and 2258 penalties as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus 2259 any underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit 2260 and Performance Review beyond the two (2) specified in Section 17.02.2, to ensure that Contractor has 2261 cured any such area of non-compliance. Contractor will be responsible for the cost of any such Additional 2262 Billing Audit and Performance Review for a maximum cost of One -hundred Twenty Thousand Dollars 2263 ($120,000) (starting on July 1, 2024 and each January 1 st thereafter, with the maximum cost for the review 2264 adjusted annually by the change in the CPI). For the purposes of a determination of non-compliance under 2265 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed 2266 material. 2267 17.02.6 City Requested Program Review. City reserves the right to require Contractor to 2268 periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs, 2269 provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor 2270 and without interfering with Contractor's operations. Such reviews could assess one or more of the following 2271 performance indicators: average volume of Recyclable Materials per setout per customer, average volume FINAL AGREEMENT Page 65 of 192 2272 of Organic Waste per setout per customer, participation level, contamination levels, etc. Prior to the program 2273 evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the 2274 method, scope, and data to be provided by Contractor. 2275 17.03 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2276 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2277 investigate customer participation levels and setout volumes and/or evaluate and monitor program results 2278 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that 2279 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2280 Contractor's operations. 2281 Article 18. Collection Equipment 2282 18.01 General Provisions. All equipment used by Contractor in the performance of services under 2283 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2284 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must 2285 be designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers 2286 must be closed on top and on all sides with screening material to prevent collected materials from leaking, 2287 blowing or falling from the vehicles. All trucks and containers must be watertight and must be operated so 2288 that liquids do not spill during Collection or in transit. 2289 18.02 Large Items. Vehicles used for Collection of Large Items may not use compactor 2290 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2291 gases from pressurized appliances. 2292 18.03 Collection Vehicles. Contractor must use new Collection Vehicles as of the 2293 Commencement date and may not use any Collection Vehicle that is more than ten (10) years old during 2294 the term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2295 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as 2296 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon ("alternative") fuel, 2297 which must be renewable natural gas, LNG, CNG, or electric unless otherwise authorized by the City. If 2298 during the term of the Franchise Agreement, new technologies are available such as hybrid or electric 2299 powered collection vehicles, the City or the Contractor may request/negotiate implementation of such new 2300 collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or 2301 savings. During the Term, to the extent required by law, Contractor shall provide its Collection Vehicles to 2302 be in full compliance with all Applicable Laws, including State and Federal clean air requirements that are 2303 adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy 2304 Duty Engine Standards as currently proposed to be contained in California Code of Regulations, title 13, 2305 sections 2020 et seq., the Federal EPA's Highway Diesel Fuel Sulfur regulations and all other applicable air 2306 pollution control laws. 2307 18.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS 2308 tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. 2309 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary FINAL AGREEMENT Page 66 of 192 2310 for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection 2311 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, 2312 to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must 2313 be accessible by City. 2314 18.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use 2315 any Collection Vehicle in violation of weight limitations in Applicable Law. The Contractor may exceed the 2316 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2317 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2318 must report all instances of overweight vehicles to City as part of its quarterly Franchise Fee submittal 2319 described in Section 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor 2320 may be assessed administrative charges as specified in Exhibit 6 as a result of exceeding an overweight 2321 vehicle rate of five percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight 2322 vehicle rate will be calculated as the total number of overweight Collection Vehicle instances during the 2323 Calendar Year, divided by the total number of Collection Vehicle loads transported during the Calendar Year. 2324 Prior to collecting administrative charges for overweight vehicles, the City shall afford Contractor a 2325 reasonable opportunity to provide the Agreement Administrator documentation of the extraordinary 2326 circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case 2327 include, but may be limited to, heavy rains or high winds that caused excess Green Waste to be generated, 2328 rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to 2329 extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor's 2330 documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the 2331 charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2332 anticipated, or in response to and actual, emergency event. 2333 18.06 Registration; Inspection. All vehicles used by Contractor in providing Collection Services 2334 under this Agreement, except those vehicles used solely on Contractor's premises, are to be registered with 2335 the California Department of Motor Vehicles. In addition, each such vehicle must be inspected by the 2336 California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of a request from 2337 the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and any 2338 safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2339 sections 34500 and following, as well as the biennial "BIT" inspections conducted by the California Highway 2340 Patrol. 2341 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2342 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and 2343 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2344 Code, as may be amended from time to time. 2345 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2346 repetition and must have Contractor's name, Contractor's customer service telephone number, and the 2347 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2348 the rear of each vehicle. All Collection Vehicles shall display the words "Servicing the City of Santa Clarita" 2349 in letters no less than two inches (2") high and the City Seal. No advertising is permitted other than the name FINAL AGREEMENT Page 67 of 192 2350 of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable 2351 Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of 2352 the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractor's Collection 2353 Vehicles and may require such promotion to be utilized from time to time in order to encourage correct 2354 recycling, reduce contamination, and provide relevant education. Contractor must repaint all vehicles 2355 (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a 2356 positive public image as reasonably determined by the Agreement Administrator, but not less often than 2357 once every five years beginning July 1, 2023. 2358 18.09 Bin and Roll -off Signage. Painting, and Cleaning. All metal bins and Roll -offs of any service 2359 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll -offs must 2360 display Contractor's name, Contractor's customer service telephone number, and the number of the Bin or 2361 Roll -off and must be kept in a clean and sanitary condition. Bins and Roll -offs should be free of dents and 2362 graffiti and newly painted at the start of this Agreement, and painted as needed to maintain an orderly 2363 appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins 2364 and Roll -offs may be subject to periodic, unscheduled inspections by City and determination as to sanitary 2365 condition will be made by City. 2366 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2367 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2368 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2369 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 2370 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2371 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2372 and reports available for inspection upon request by the Agreement Administrator. Subject to State of 2�73 California ilmplementation. 2374 18.10.1 No later than July 1, 2023, Contractor must submit to the Agreement Administrator 2375 verification that each of the Contractor's Collection Vehicles has passed the California Heavy Duty Vehicle 2376 Inspection. Thereafter, Contractor must cause each vehicle in Contractor's Collection fleet to be tested 2377 annually in the California Heavy Duty Inspection Program and must, upon request, submit written 2378 verification to City within ten (10) Work Days of the completion of such test. Contractor may not use any 2�79 vehicle that does not pass such inspection. Subject to State of California ilmplementation. 2380 18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean 2381 condition and in good repair at all times. All parts and systems of the Collection equipment must operate 2382 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 2383 at least once a week. 2384 18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2385 The log must at all times be accessible to City by physical inspection upon request of Agreement 2386 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date 2387 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any 2388 additional maintenance, and description of additional maintenance performed. FINAL AGREEMENT Page 68 of 192 2389 18.13 Equipment Inventory. On or before July 1, 2023 Contractor shall provide to City an 2390 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2391 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2392 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of 2393 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2394 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement 2395 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request 2396 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 2397 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 2398 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement. 2399 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2400 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2401 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2402 contractual duties. 2403 Article 19. Contractor's Office 2404 19.01 Contractor's Office. Contractor shall maintain an office in the City of Santa Clarita, 2405 California. Such office must be equipped with enough telephones that all Collection Service -related calls 2406 received during normal business hours are answered by an employee within five (5) rings. The office must 2407 have responsible persons in charge during Collection hours and must be open during such normal business 2408 hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday and Saturday during Collection Service hours. 2409 Contractor must provide either a local or toll -free telephone number that connects to the call center described 2410 in Section 19.02, and a telephone answering service or mechanical device to receive Service Recipient 2411 inquiries during those times when the office is closed. Calls received after normal business hours must be 2412 addressed the next Work Day morning. 2413 19.02 Customer Service Call Center. Contractor must maintain a local Customer Service call 2414 center in the City of Santa Clarita. Such office must be equipped with enough telephones that all customer 2415 service -related calls received during normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through 2416 Friday and Saturday during Collection Service hours, are answered by an employee within five (5) rings 2417 19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2418 emergency phone number where the Contractor can be reached outside of the required office hours. 2419 19.04 Multilingual/TDD Service. Contractor must at all times maintain the capability of responding 2420 to telephone calls in English and such other languages as City may direct. Contractor must at all times 2421 maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf 2422 (TDD) Services. 2423 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2424 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record 2425 all calls including any inquiries, service requests and complaints into a customer service log. FINAL AGREEMENT Page 69 of 192 2426 19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2427 Any call "on -hold" in excess of 1.5 minutes must have the option to remain "on -hold" or request a "call-back" 2428 from a customer service representative. Contractor's customer service representatives must return Service 2429 Recipient calls. For all messages left before 3:00 p.m., all "call backs" must be attempted a minimum of one 2430 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 2431 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2432 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2433 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service 2434 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the 2435 Contractor has attempted to return the call. 2436 Article 20. Contractor Support Services 2437 20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two 2438 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct 2439 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2440 requirements and to meet State mandates associated with AB 939, AB 341, AB 1826, AB 827, AB 1594, SB 2441 1016, and SIB 1383, and all amendments and related subsequent legislation. The Sustainability/Compliance 2442 Representatives shall be available as needed to meet with the City and conduct site visits to implement 2443 Recycling and Organics programs in the Service Area at least four days a week throughout the year. City 2444 may request monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling 2445 programs, Billing or Service Recipient service issues, and day to day operations. City and Contractor agree 2446 to meet and confer to reevaluate the ongoing need for two dedicated full-time Sustainability/Compliance 2447 Representatives on or around July 1, 2025 (two years from the Commencement Date). 2448 20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit 2449 and implement an annual (Calendar Year) Sustainability and Compliance Plan ("Plan"), which will guide 2450 Contractor's staffs' work efforts. This Plan will include measures to meet diversion targets, increase 2451 diversion, and increase participation of Service Recipients in recycling and organics diversion programs, and 2452 should target certain Recyclable Materials or "problem" areas, including recycling and organics sorting and 2453 contamination, within Contractor's Service Area where improvements can be maximized. Planned outreach 2454 and education services, and outreach materials should be included as part of the Plan and updated annually. 2455 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the 2456 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education 2457 services throughout the term of this Agreement by providing outreach materials to Service Recipients 2458 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to 2459 the Commencement Date and by August 1 st each year thereafter for the term of the Agreement. City review 2460 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final 2461 Plan to City by April 1, 2023 for first year and thence by November 1 st each year thereafter for the term of 2462 the Agreement. Contractor's Plan is provided in Exhibit 10. Contractor will be required to expend at least 2463 seventy-five thousand dollars ($75,000) per year (as adjusted annually by the CPI Adjustment), for the 2464 development of the Plan and its implementation, which may not include personnel costs associated with the FINAL AGREEMENT Page 70 of 192 2465 Sustainability/Compliance Representative. The Sustainability and Compliance Plan must include the 2466 following: 2467 20.02.1 City -Specific Website. Contractor shall maintain a City -specific website that fully 2468 explains the Contractor's current services and rates, the diversion options available, and allows Service 2469 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and 2470 promote the use of the available Recyclable Materials and Organics services. Contractor's local website 2471 must provide information specific to the City's programs. Contractor will ensure that information provided 2472 on the website is maintained and up-to-date. Content will include proper container set out, educational 2473 materials, newsletters and program descriptions. 2474 20.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable 2475 materials on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, 2476 collaborate, and coordinate its recycling outreach and educational materials and activities with the City and 2477 incorporate the City's input on the Contractor's recycling resources and programs. 2478 20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to 2479 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational 2480 information should include brochures, school resources such as recycling curriculums, kid's activity flyers, 2481 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational 2482 material, and conduct onsite outreach annually to all school campuses in the franchise area that are 2483 serviced by the Contractor. Materials must be approved by City before distribution. Examples include: 2484 Recyclable Materials list, Recycling tips, battery and bulb education, Food Waste collection and donation, 2485 and HHW education. Educational material shall be distributed to campuses by mail and/or in person on or 2486 before September 301" annually, and site visits must be completed by November 301" 2487 20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling 2488 (MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not 2489 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate 2490 method for Diverting Organic Waste, in conformance with SIB 1383 and AB 1826. These notices shall also 2491 notify businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before 2492 the last day of the month following the end of the quarter. 2493 20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial 2494 Recycling (MCR) compliance notices quarterly to all eligible Commercial entities and MFD's that do not 2495 subscribe to recycling collection service with the Contractor, and/or do not provide an alternate method for 2496 diverting recyclable materials, in conformance with AB 341. These notices shall also notify businesses of 2497 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the 2498 month following the end of the quarter. 2499 20.02.6 MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial 2500 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2501 businesses that subscribe to Organics Collection Service and every year for businesses that do not FINAL AGREEMENT Page 71 of 192 2502 subscribe to organics collection service in conformance with SIB 1383 and AB 1826. Contractor shall 2503 conduct visits on or before June 30th 2504 20.02.7 MCR Site Visits. Contractor shall conduct site visits to all eligible Commercial 2505 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2506 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe 2507 to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30th 2508 20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for 2509 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers 2510 on how to improve overall resource efficiency. 2511 20.02.9 Compliance Reporting. Contractor shall report contaminations and overage 2512 issues via the City's Waste Reporting System. 2513 20.02.10 Right -sizing Containers. Contractor must right -size Collection Containers 2514 to maximize diversion from SFD, MFD, MXD and Commercial Service Recipients. 2515 20.02.11 Education and Outreach Materials. Contractor must implement public 2516 education and outreach in conformance with applicable laws (e.g., SIB 1383, AB 1826, AB 827, AB 939, AB 2517 341, AB 1594, etc.) and in coordination with the City. Contractor shall attend public events and host booths 2518 to promote recycling education and awareness. Contractor will work with City to identify which special 2519 events will be attended. Contractor, together with City, shall work with local media to ensure information on 2520 new programs, events, recycling, organics etc. is communicated to the community. Contractor shall use a 2521 variety of options such as local paper, news, websites, social media, Homeowners Associations, schools 2522 and civic groups to distribute information and education about City solid waste and recycling programs, and 2523 events. Contractor shall distribute educational material to Service Recipients a minimum of once a quarter 2524 by mail or electronically. These materials should include tips on recycling properly, use of organics 2525 containers, composting, battery and electronics education, prevention of contamination issues, proper 2526 Collection Container placement, resource information, and HHW education. 2527 20.02.12 Service Recipient Personnel Training. Contractor shall advise and 2528 educate appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial 2529 Service Units on methods and recommendations to increase recycling and decrease landfilling including 2530 best practices for recycling, waste reduction and availability and use of in-house recycling containers. 2531 20.02.13 Available Services Notice and Information. At least annually Contractor 2532 must publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range 2533 of services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, 2534 (ii) procedures for setting out materials, (iii) the days when Garbage Collection Services, Recycling 2535 Services, and Organic Waste Collection Services will be provided, (iv) Contractor's local customer service 2536 phone number, (v) instructions on the proper filling of Containers, (vi) instructions as to what materials may 2537 or may not be placed in Recyclable Materials or Organic Waste Containers, (vii) how to select Container 2538 sizes to maximize diversion, (viii) participation in Recycling and Organic Waste programs, (ix) the fees for FINAL AGREEMENT Page 72 of 192 2539 overage and Contamination in the event of non-compliance, (x) the availability of on -premises Collection 2540 Services, including the availability of no -charge on -premises Collection Services for qualified persons, (xi) 2541 Large Items Collection Services, (xii) the dates and locations of Neighborhood Cleanup days, and (xiii) the 2542 dates and locations of Free Large Item Drop-off days. The notice must be provided in English, and other 2543 languages as directed by the City, and must be distributed by Contractor no later than February 1st of each 2544 year. 2545 20.02.14 Approach to Meeting City's Diversion Requirements. Contractor must 2546 document approach to meeting City's diversion requirements by specific diversion program type (SFD, 2547 MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific 2548 and public education programs. This must include an implementation schedule showing the specific 2549 programs and tasks, milestones, and time frames for meeting the diversion requirements. 2550 20.02.15 Tonnage Table. Contractor must provide as part of the Plan, a tonnage 2551 table segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for 2552 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for 2553 each calendar year of the Franchise Agreement. 2554 20.02.16 Environmental Stewardship. Contractor must describe all environmental 2555 management policies and activities related to the solid waste collection service, including the use of 2556 alternative fuel vehicles, reduction of air emissions and wear and tear on the City's streets, use of recycled 2557 products throughout operations, internal waste reduction and reuse protocol, water and resource 2558 conservation activities within facilities (design, construction and operation), compliance with laws governing 2559 e-waste, HHW, and u-waste, and use of non -toxic products when possible. 2560 20.03 News Media Relations. Contractor will work with local media to ensure information is 2561 communicated to community (new programs, events, recycling information, etc.). Contractor to use options, 2562 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the 2563 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services 2564 covered under this Franchise Agreement within one (1) Work Day of Contractor's receipt of the request. 2565 When practicable, before responding to any inquiries involving controversial issues or any issues likely to 2566 affect participation or customer's perception of services, Contractor will discuss Contractor's proposed 2567 response with the City Agreement Administrator. 2568 20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2569 and/or Organic Waste programs by identifying "recycling all-stars" for recognition at a City Council meeting 2570 during each November, beginning November 2024. 2571 20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or 2572 phone of all requests for news media interviews related to the services covered under this Agreement within 2573 one (1) Work Day of Contractor's receipt of the request. When practicable, before responding to any inquiries 2574 involving controversial issues or any issues likely to affect participation or Service Recipient's perception of 2575 services, Contractor will discuss Contractor's proposed response with the Agreement Administrator. FINAL AGREEMENT Page 73 of 192 2576 20.05.1 Copies of draft news releases or proposed trade journal articles that use the name 2577 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2578 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2579 required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, 2580 in which case Contractor must submit such materials to City simultaneously with Contractor's submittal to 2581 such regulatory agency. 2582 20.05.2 Copies of articles resulting from media interviews or news releases that use the 2583 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2584 after publication. 2585 20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics 2586 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers 2587 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12). 2588 20.07 Mulch or Compost Delivery. At no cost to the City, Contractor must provide City with mulch 2589 or compost materials (i.e., "Recovered Organic Materials") at a volume to allow the City to comply with SIB 2590 1383. Contractor must deliver mulch or compost materials at a time and location mutually agreeable between 2591 the City and Contractor. Delivered mulch or compost can be in bulk form or bagged. 2592 20.08 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2593 the City's Edible Food Recovery program as required under SIB 1383. Contractor support may include 2594 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2595 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2596 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting 2597 site visits, and distributing materials. 2598 20.09 Programs and Services. Contractor must provide additional educational and outreach 2599 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2600 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2601 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2602 other vendors or contractors to provide the requested service. 2603 20.10 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5, 2604 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8 2605 that present the specific collection and processing programs that will be implemented in the City. 2606 Article 21. Emergency Service 2607 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2608 natural disaster, or other such event, the Agreement Administrator may grant the Contractor a variance from 2609 regular routes and schedules, which will not be withheld unreasonably. As soon as practicable after such 2610 event, Contractor must advise the Agreement Administrator when it is anticipated that normal routes and 2611 schedules can be resumed. The Agreement Administrator will make an effort through the local news media FINAL AGREEMENT Page 74 of 192 2612 to inform the public when regular services may be resumed. The clean-up from some events may require 2613 that Contractor hire additional equipment, employ additional personnel, or work existing personnel on 2614 overtime hours to clean debris resulting from the event. Contractor will receive additional compensation, 2615 above the normal compensation contained in this Agreement, to cover the costs of rental equipment, 2616 additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit 2617 1 provided Contractor has first secured written authorization and approval from City through the Agreement 2618 Administrator. City will be given equal priority and access to resources as with other franchise jurisdictions 2619 held by Contractor or its affiliates. 2620 21.02 Disaster Recovery Support. In the event of a tornado, major storm, earthquake, fire, natural 2621 disaster, or other such event, Contractor agrees to provide disaster recovery support upon request by 2622 Agreement Administrator. This may include additional hauling of debris, special handling such as wrapping 2623 waste in plastic (i.e., "burrito wrapping"), temporary storage of debris where feasible, additional disposal, use 2624 of different transfer and disposal facilities, and documentation of debris type, weight, and diversion. 2625 Contractor should follow protocol laid out in the City's Draft Disaster Debris Plan and any subsequent County 2626 or City Disaster Debris Plans, as applied to solid waste hauling and handling. 2627 Article 22. Record Keeping and Reporting Requirements 2628 22.01 Record Keeping. Notwithstanding Article 47 herein: 2629 22.01.1 Accounting Records. Contractor must maintain full, complete and separate 2630 financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Collection 2631 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such 2632 records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.02.3. Gross 2633 receipts derived from provision of the Collection Services, whether such services are performed by 2634 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2635 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period 2636 of not less than four (4) years following expiration or other termination hereof, full, complete and accurate 2637 records, including all cash, billing and disposal records, as indicated in the Agreement. 2�38 22.01.1.1 City reserves the right to review audited, reviewed, or compiled 2639 financial statements prepared by an independent Certified Public Accountant, or as may be provided by 2640 Contractor or its parent company. In the event that Contractor does not maintain separate financial or 2641 accounting records prepared specifically for services provided under this Agreement, Contractor may use 2642 industry standard allocation methods to provide financial information as applicable to the service provided 2643 under this Agreement. 2644 22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2645 of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this 2646 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for 2647 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type, 2648 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under 2649 the terms of this Agreement FINAL AGREEMENT Page 75 of 192 2650 22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2651 provision of Collection Services, whether or not specified in this Agreement. 2652 22.01.4 Report Format. All reports to be submitted in a format approved by the City, 2653 including electronic data submission in the City's Waste Reporting System and in a format specified by the 2654 city. 2655 22.02 Quarterly Reporting. 2656 22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2657 day of the month following the end of Quarter in which the receipts are collected and must be provided 2658 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2659 closed or a holiday, then the report will be due on the next business day. Failure to submit complete 2660 quarterly reporting by the due date will result in penalties as specified in Exhibit 6. 2661 22.02.2 City Reports. Quarterly reports to City must include: 2662 22.02.2.1 Quarterly Payment Reporting. The payment report must include 2663 an accounting of Contractor's Gross Revenues received during the preceding Quarter, and the calculated 2664 Franchise Fee and Marketing and Sales of Recyclable Materials Payment. 2665 22.02.2.2 Franchised Tonnage and Service Data. Contractor must report the 2666 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City 2667 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed 2668 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste 2669 Diversion operations that are landfilled. Quantities should be broken down by SFD, MFD, MXD, 2670 Commercial, and City Service Collection Services. MXD properties must have tonnage assigned 2671 appropriately to Residential and Commercial generators. 2672 22.02.2.3 Overweight Vehicle Reporting. The quarterly report must include 2673 a summarytotal of all instances of overweight Collection Vehicles. This summary must include the number 2674 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2675 transported during the reported quarter. 2676 22.02.2.4 Non -Collection. The quarterly report must include a summary of 2677 each Service Unit receiving a Non -Collection Notice in the previous quarter along with a description for the 2678 Non -Collection Notice. 2679 22.02.2.5 On -hold. The quarterly report must include each Service Unit that 2680 was not billed in the previous quarter due to vacation hold, vacancy etc. 2681 22.02.2.5.1 Vacation Hold Requirements. A Service Unit can be 2682 considered under a vacation hold under the following circumstances: a) Service will be suspended for no 2683 less than 3 consecutive months and no more than 6 consecutive months, b) Service will not be suspended 2684 more than once per rolling twelve month period,c) Application is being made at least 14 days in advance of FINAL AGREEMENT Page 76 of 192 2685 the suspension start date, d) The property will remain unoccupied during the suspension and no waste will 2686 be generated on site, e) The account balance is current and will be kept current during the suspension 2687 period 2688 22.02.2.6 Collection Overage Charges. The quarterly report must include 2689 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. 2690 22.02.2.7 Contamination Reporting. To the extent required by Applicable 2691 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2692 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2693 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2694 a list of accounts where such notices occurred, and the total number of instances where Collection 2695 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20) 2696 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and 2697 the digital documentation of contamination. 2698 22.02.2.8 Service Recipient Complaint Log. The quarterly report must 2699 include the Service Recipient call log collected from the previous quarter. 2700 22.03 Annual Reporting. 2701 22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2702 31, 2024 and each January 31"thereafter for the previous Calendar Year. If January 3111 falls on a day that 2703 City is closed, then the report will be due on the next business day. Annual reports must be submitted 2704 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due 2705 date will result in penalties as specified in Exhibit 6. Annual reports to City must include: 2706 22.03.1.1 Financial Statements. Contractor must skit make available 2707 annual financial statements for review, upon request by the City, for the local operation. Statements need 2708 not be reviewed or audited statements. 2709 22.03.1.2 Annual Sustainability and Compliance Report. Contractor must 2710 complete and submit data sections within their Sustainability and Compliance Plan to document education 2711 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2712 waste audits completed, information distributed, and media used, and community events hosted. This must 2713 include public education activities undertaken during the year, including distribution of bill inserts, collection 2714 notification tags, community information and events, tours and other activities related to the provision of 2715 Collection Services, and must discuss the impact of these activities on recycling program participation and 2716 include amounts collected from SFD, MFD, MXD, Commercial, and City Service Units. The report should 2717 include a complete list of all non-exempt commercial accounts, which includes each non-exempt account's 2718 status as a "covered generator" under AB 341, AB 1826 and SIB 1383, the date and status of Contractor's 2719 outreach efforts at each non-exempt account, and the current level of Recycling and Organics program 2720 participation at each non-exempt account. FINAL AGREEMENT Page 77 of 192 2721 22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic 2722 Waste Collection, processing and marketing issues or conditions (such as participation, setouts, 2723 contamination, etc.) and possible solutions, discussed separately for Residential and Commercial 2724 programs. 2725 22.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial, 2726 and City Service Units and the number of Collection Containers distributed by size and Service Unit type. 2727 22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste 2728 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications. 2729 22.03.1.6 Recycling Data. Gross tons Collected daily on average by material 2730 type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The 2731 average participation rates by quarter relative to the total number of Service Units by Service Unit type. 2732 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed 2733 including facility name and location, average cost or price received per ton and total recycling cost or 2734 revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed 2735 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service 2736 Unit type. Also provide annual totals and location for residue disposed. 2737 22.03.1.7 Organic Waste Data. Include average daily gross tons Collected 2738 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of 2739 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2740 average daily number of set -outs by route. Indicate average participation rates relative to the total number 2741 of Service Units in terms of weekly set -out counts. Indicate number of Organic Waste Collection Containers 2742 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials 2743 processed including facility name and location, average cost or price received per ton and total organics 2744 cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number 2745 of route reviews conducted for prohibited contaminants and the number of Non -Collection Notices issued 2746 to Service Recipients. 2747 22.03.1.8 Customer Service Log. A copy of the customer service log, 2748 including a summary of the type and number of complaints and their resolution. Copies of a written record 2749 of all calls related to missed pickups and responses to such calls. 2750 22.03.1.9 Customer Service Information Sheet. A copy of Contractor's most 2751 recent Customer Service Information Sheet (i.e., customer call center "cheat sheet") for the City of Santa 2752 Clarita, or the equivalent information used by customer service representatives. 2753 22.03.1.10 Overweight Vehicle Data. A summary of all instances of 2754 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2755 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2756 Year. FINAL AGREEMENT Page 78 of 192 2757 22.03.1.11 Summary Narrative. A summary narrative of problems 2758 encountered with Collection and processing activities and actions taken. Indicate type and number of Non- 2759 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, 2760 significant changes in operation, market factors, publicity conducted, needs for publicity. Include description 2761 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. 2762 22.03.1.12 Collection Container and Vehicle Inventory. An updated complete 2763 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2764 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2765 license plate number, fuel type and vehicle make and model. 2766 22.03.1.13 Diversion Rate. Contractor must provide documentation 2767 acceptable to City in its reasonable judgment stating and supporting the Calendar Year's Franchise 2768 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and 2769 disposed from large venues and events during the reporting period will be counted towards the calculated 2770 diversion rate. 2771 22.03.1.14 AB 341, AB 1826, and SIB 1383 Compliance Data. Contractor 2772 must report the total number of Commercial and MFD/MXD Service Units serviced and the number of 2773 containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic 2774 Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the 2775 following information separately for both AB 341 and AB 1826: 2776 22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD 2777 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2778 Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD Recycling 2779 Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2780 22.03.1.16 A summary of the type of follow-up outreach that was provided to 2781 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, 2782 or MXD Recycling Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2783 22.03.1.17 Contractor shall provide proof of training records for Service 2784 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2785 Discharges and stormwater pollution sources. 2786 22.04 Diversion Calculation and Data. By 5 p.m. PT on February p August 15, 2024 and annually 2787 thereafter during the term of this Agreement, Contractor must deliver to City, in the format specified by City, 2788 the Calendar Year's Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. 2789 Any tonnages Diverted and disposed from large venues and events during the reporting period will be 2790 counted towards the calculated Diversion rate. 2791 22.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2792 annual reports to CalRecycle (the "Electronic Annual Report' or EAR), including but not limited to supplying FINAL AGREEMENT Page 79 of 192 2793 required data for preparation of the reports, and completing all required data input in the Waste Reporting 2794 System. 2795 22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule 2796 to comply with AB 341, AB 1826, SIB 1383, SIB 1594 and other Applicable Laws, Contractor will provide 2797 assistance to City in preparing a report, including Contractor's policies and procedures related to 2798 compliance with AB 341, AB 1826, SIB 1383, and other Applicable Laws and how Recyclable Materials or 2799 Organic Waste are collected, a description of the geographic area, routes, list of addresses served and a 2800 method for tracking contamination, copies of route audits, copies of notice of contamination, copies of 2801 notices, violations, education and enforcement actions issued, and copies of educational materials, flyers, 2802 brochures, newsletters, website, and social media. 2803 22.06 Waste Characterization Audit. Contractor must conduct statistically -valid waste audits of 2804 Residential and Commercial Service Recipients' waste once annually, including Recycling, Garbage, and 2805 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03). 2806 Material types and guidance should follow CalRecycle requirements and/or recommendations. 2807 22.07 Additional Reporting. Contractor must furnish City with any additional reports as may 2808 reasonably be required, such reports to be prepared within a reasonable time following the reporting period. 2809 Article 23. Nondiscrimination 2810 23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 2811 Contractor may not discriminate against any person based on such person's race, sex, gender, gender 2812 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all 2813 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those 2814 prohibiting discrimination in employment. 2815 Article 24. Service Inquiries and Complaints 2816 24.01 Contractor's Customer Service. All service inquiries and complaints will be directed to 2817 Contractor. A representative of Contractor must be available to receive the complaints during normal 2818 business hours. Contractor is required to use the City's Resident Service Center (RSC) or any customer 2819 Relationship Management System put in place by the City in the future for handling of customer complaints 2820 received by the City for hauling, illegal dumping, and any other services under this Agreement. Contractor 2821 must participate in mandatory RSC training before using system and at least annually thereafter. Customer 2822 Service training shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, 2823 and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure 2824 that all employees present a neat appearance and conduct themselves in a courteous manner. All service 2825 complaints will be handled by Contractor in a prompt and efficient manner. RSC cases must be addressed 2826 and resolved within three (3) Work Days unless otherwise noted in 24.01.5. In the case of a dispute between 2827 Contractor and a Service Recipient, the matter will be reviewed, and a decision made by the Agreement 2828 Administrator. FINAL AGREEMENT Page 80 of 192 2829 24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 2830 and complaints in a manner prescribed by City. 2831 24.01.2 For those complaints related to missed Collections, where Containers are properly 2832 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service 2833 Unit address and Collect the missed materials before leaving the Service Area for the day. For those 2834 complaints related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will 2835 have until the end of the following Work Day to resolve the complaint. For those complaints related to repair 2836 or replacement of Collection Containers, the appropriate Sections of this Agreement will apply. 2837 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 2838 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed 2839 Collections will normally be Collected as set forth above regardless of the reason that the Collection was 2840 missed. However, in the event a Service Recipient requests missed Collection service more than two (2) 2841 times in any consecutive two (2) month period the Agreement Administrator will work with Contractor to 2842 determine an appropriate resolution to that situation. In the event Contractor believes any complaint to be 2843 without merit, Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator 2844 will investigate all disputed complaints and render a decision. 2845 24.01.4 Contractor's service and emergency telephone numbers must be accessible by a 2846 local (City) phone number or toll -free number. The service telephone number(s) must be listed in the area's 2847 telephone directories under Contractor's name in the White Pages and available through an online search 2848 and listed on the Contractor's website. 2849 24.01.5 For routine service requests generated from either the City or customers, the 2850 Contractor will address and resolve the issue within three (3) working days. More complicated requests 2851 may be extended by the City due to circumstances such as container delivery issues, data requests. or 2852 procurement difficulties. For requests that exceed the time limit to complete the Contractor is subject to 2853 Administrative Charges found in Exhibit 6. 2854 2855 Article 25. Quality of Performance of Contractor 2856 25.01 Intent. Contractor acknowledges and agrees that one of City's primary goals in entering 2857 into this Agreement is to ensure that the Collection Services are of the highest caliber, that Service Recipient 2858 satisfaction remains at the highest level, that maximum diversion levels are achieved, and that materials 2859 Collected are put to the highest and best use to the extent possible. 2860 25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary 2861 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed 2862 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 2863 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 2864 will necessarily suffer damages and that such damages, from the nature of the default in performance will 2865 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the FINAL AGREEMENT Page 81 of 192 2866 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 2867 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 2868 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact 2869 that: (i) substantial damage results to members of the public who are denied services or denied quality or 2870 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits 2871 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in 2872 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary 2873 terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary 2874 loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in 2875 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies 2876 are, at best, a means of future correction and not remedies which make the public whole for past breaches. 2877 25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may 2878 assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly. 2879 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written 2880 notice to Contractor ("Notice of Assessment") of the administrative charges assessed and the basis for each 2881 assessment. 2882 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 2883 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 2884 present evidence that the assessment should not be made. 2885 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 2886 City Manager as soon as reasonably possible after timely receipt of Contractor's request. 2887 25.03.3 The City Manager will review Contractor's evidence and render a decision 2888 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 2889 notice of the decision will be provided to Contractor. 2890 25.03.4 In the event Contractor does not submit a written request for a meeting within ten 2891 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator's determination 2892 will be final. 2893 25.03.5 City's assessment or collection of administrative charges will not prevent City from 2894 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor's failure 2895 to perform the work and services in the manner set forth in this Agreement. 2896 25.04 Uncontrollable Circumstances 2897 25.04.1 If either party is prevented from or delayed in performing its duties under this 2898 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 2899 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 2900 other natural disasters, the threat of such natural disasters, pandemics (or threat of same), quarantines, 2901 civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor FINAL AGREEMENT Page 82 of 192 2902 disturbances, acts of government or governmental restraint or other causes, whether of the kind 2903 enumerated or otherwise, that are not reasonably within the control of the affected party, then the affected 2904 party will be excused from performance hereunder during the period of such disability. 2905 25.04.2 The party claiming excuse from performance must promptly notify the other party 2906 when it learns of the existence of such cause, including the facts constituting such cause, and when such 2907 cause has terminated. 2908 25.04.3 The interruption or discontinuance of services by a party caused by circumstances 2909 outside of its control will not constitute a default under this Agreement. 2910 Article 26. Performance Bond 2911 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 2912 this Agreement, Contractor must furnish to City, and keep current, a performance bond, for the faithful 2913 performance of this Agreement and all obligations arising hereunder in an amount as follows: 2914 26.01.1 From July 1, 2023 and so long as this Agreement or any extension thereof remains 2915 in force, Contractor must maintain a performance bond in the amount of two million dollars ($2,000,000). 2916 26.01.1.1 The performance bond must be executed by a surety company 2917 licensed to do business in the State of California; having an "A2 or better rating by A. M. Best or Standard 2918 and Poor's; and included on the list of surety companies approved by the Treasurer of the U nited States. 2919 26.01.1.2 In the event City draws on the bond, all of City's costs of collection 2920 and enforcement of the Bond, including reasonable attorney's fees and costs, must be paid by Contractor. 2921 26.01.1.3 The Performance Bond must be renewed annually for the entire 2922 term of the Agreement and evidence must be provided to City annually. 2923 Article 27. Insurance 2924 27.01 Insurance Policies. Contractor must secure and maintain throughout the term of this 2925 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 2926 in connection with Contractor's performance of work or services under this Contract. Contractor's 2927 performance of work or services includes performance by Contractor's employees, agents, representatives 2928 and subcontractors. 2929 27.02 Minimum Scope of Insurance. Insurance coverage must be at least this broad: 2930 27.02.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive 2931 General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive 2932 General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form 2933 CG 0001), including X, C, U where applicable. FINAL AGREEMENT Page 83 of 192 2�34 27.02.2 Insurance Services Office Form No.CA 0001 (Ed. 120/913) covering Automobile 2935 Liability, code 1 "any auto", or code 2 "owned autos" and endorsement CA 0025. Coverage must also 2936 include code 8, "hired autos" and code 9 "non -owned autos". 2937 27.02.3 Workers' Compensation insurance as required by the California Labor Code and 2938 Employers Liability Insurance. 2939 27.02.4 Environmental Pollution Liability Insurance. 2940 27.03 Minimum Limits of Insurance. Contractor must maintain insurance limits no less than: 2941 27.03.1 Comprehensive General Liability: $3,000,000 combined single limit per occurrence 2942 for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a 2943 general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement 2944 or the general aggregate limit must be $5,000,000. 2945 27.03.2 Automobile Liability: $10,000,000 combined single limit per accident for bodily 2946 injury and property damage. 2947 27.03.3 Workers' Compensation and Employers Liability: Workers' Compensation limits as 2948 required by the California Labor Code and Employers Liability limits of $1,000,000 per accident. 2949 27.03.4 Environmental Pollution Liability: $3,000,000 per occurrence and $5,000,000 2950 aggregate, with five (5) years tail coverage. Coverage shall include bodily injury or property damage arising 2951 out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 2952 pollutants resulting from Contractor's operations. 2953 27.03.5 If Consultant maintains higher limits than the minimum shown above, the City 2954 requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any 2955 available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be 2956 available to the City. 2957 27.04 Deductibles and Self -Insured Retention. Any deductibles or self -insured retention must be 2958 declared to City's risk manager. Should City form a reasonable belief that Contractor may be unable to pay 2959 any deductibles or self -insured retentions, Contractor must procure a bond guaranteeing payment of losses 2960 and related investigations, claim administration and defense expenses in an amount specified by City's risk 2961 manager. 2962 27.05 Endorsements. The policies are to contain, or be endorsed to contain, the following 2963 provisions: 2964 27.05.1 General Liability. Automobile and Environmental Liability Coverage. 2965 27.05.1.1 City, its officers, employees, agents and contractors are to be 2966 covered as additional insureds as respects: Liability arising out of activities performed by, or on behalf of, FINAL AGREEMENT Page 84 of 192 2967 Contractor; products and completed operations of Contractor; premises owned, leased or used by 2968 Contractor; and automobiles owned, leased, hired or borrowed by Contractor. The coverage must contain 2969 no special limitations on the scope of protection afforded to City, its officers, employees, agents and 2970 contractors. 2971 27.05.1.2 Contractor's insurance coverage must be primary insurance as 2972 respects City, its officers, employees, agents and contractors. Any insurance, or self-insurance maintained 2973 by City, its officers, employees, agents or contractors will be in excess of Contractor's insurance and will 2974 not contribute with it. 2975 27.05.1.3 Any failure to comply with reporting provisions of the policies will 2976 not affect coverage provided to City, its officers, employees, agents, or contractors. 2977 27.05.1.4 Coverage must State that Contractor's insurance will apply 2978 separately to each insured against whom claim is made or suit is brought, except with respect to the limits 2979 of the insurer's liability. 2980 27.05.2 All Coverage. Each insurance policy required by this Agreement must be endorsed 2981 to State that coverage may not be canceled except after thirty (30) calendar days (ten (10) days in the event 2982 of cancellation for non-payment) prior written notice has been given to City. Moreover, Contractor will not 2983 order the cancellation of any required insurance policy or change in insurance policy limits without thirty 2984 (30) days prior written notice to City by Contractor. 2985 27.06 Acceptability of Insurers. Insurance is to be placed with insurers having an A.M. Best rating 2986 of A-/VII or better. 2987 27.07 Verification of Coverage. Contractor must furnish City with certificates of insurance and 2988 with original endorsements affecting coverage required by this Agreement. The certificates and endorsement 2989 for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its 2990 behalf. Contractor must furnish City with a new certificate of insurance and endorsements on each renewal 2991 of coverage or change of insurers. 2992 27.07.1 Proof of insurance must be mailed to the following address or any subsequent 2993 address as may be directed by the City: 2994 City of Santa Clarita Neighborhood Services Department 2995 Attn: Environmental Services Manager 2996 23920 Valencia Blvd., Suite 102 2997 Santa Clarita, CA 91355 2998 27.08 Subcontractors. Contractor must include all subcontractors performing services in the City 2999 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 3000 27.09 Modification of Insurance Requirements. The insurance requirements provided in this 3001 Agreement may be modified or waived by City's risk manager, in writing, upon the request of Contractor if FINAL AGREEMENT Page 85 of 192 3002 City's risk manager determines such modification or waiver is in the best interest of City considering all 3003 relevant factors, including exposure to City. 3004 27.10 Rights of Subrogation. All required insurance policies must preclude any underwriter's 3005 rights of recovery or subrogation against City with respect to matters related to Contractor's performance of 3006 its obligations under this Agreement, with the express intention of the parties being that the required 3007 insurance coverage protects both parties as the primary coverage for any and all losses covered by the 3008 above -described insurance. Contractor must ensure that any companies issuing insurance to cover the 3009 requirements contained in this Agreement agree that they will have no recourse against City for payment or 3010 assessments in any form on any policy of insurance. The clauses 'Other Insurance Provisions' and 'Insured 3011 Duties in the Event of an Occurrence, Claim or Suit' as it appears in any policy of insurance in which City is 3012 named as an additional insured will not apply to City. 3013 27.11 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 3014 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 3015 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste 3016 hauler services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement 3017 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 3018 option to terminate this Agreement immediately. 3019 Article 28. Hold Harmless and Indemnification 3020 28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected officials, 3021 officers, agents, employees, and volunteers harmless from all of Contractor's claims, demands, lawsuits, 3022 judgments, damages, losses, injuries or liability to Contractor, to Contractor's employees, to Contractor's 3023 contractors or subcontractors, or to the owners of Contractor's firm, which damages, losses, injuries or 3024 liability occur during the work or services required under this Agreement, or performance of any activity or 3025 work required under this Agreement. 3026 28.02 Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend 3027 with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers 3028 from and against all liability including, but not limited to, loss, damage, expense, cost (including without 3029 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature 3030 arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the 3031 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, 3 32 except such loss or damage which is caused by the active negligence or willful misconduct breach of this 3 33 Agreement, or violation of law bvef City. Should conflict of interest principles preclude a single legal counsel 3 34 from representing both City and Contractor, or should City otherwise reasonably find Contractor's legal 3035 counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation 3036 reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall 3037 promptly pay City any final judgment rendered against City (and its officers, officials, employees and 3038 volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor's 3039 negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing FINAL AGREEMENT Page 86 of 192 3040 provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and 3041 will survive termination of this Agreement. 3042 28.02.1 Contractor's obligations under this Section apply regardless of whether or not such 3043 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine 3044 or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the 3045 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold 3046 harmless City for liability attributable to the active negligence of City, provided such active negligence is 3047 determined by agreement between the parties or by findings of a court of competent jurisdiction. In 3048 instances where City is shown to have been actively negligent and where City's active negligence accounts 3049 for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion 3050 or percentage of liability not attributable to the active negligence of City. 3051 28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3052 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3053 City, of any insurance certificates or policies described in Article 27. 3054 28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section 3055 40059.1 and 40059.2 , which will control in the event of any conflict with the provisions of this Section, 3056 Contractor agrees to protect and defend City Indemnitees with counsel selected by Contractor and approved 3057 by City, to pay all attorneys' fees, and to indemnify and hold City Indemnitees harmless from and against all 3058 fines or penalties imposed by the California Integrated Waste Management Board if the diversion goals 3059 specified in California Public Resources Code section 41780, as it may be amended, are not met by City 3060 with respect to the Materials Collected by Contractor and if the lack in meeting such goals are attributable 3061 to the failure of Contractor to implement and operate the recycling or diversion programs or undertake the 3062 related activities required by this Agreement. In the event CalRecycle provides an administrative process to 3063 challenge the imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging 3064 any consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for 3065 the retention of and payment to any consultants engaged to perform waste generation studies (diversion 3066 and disposal). All consultants and attorneys engaged hereunder are subject to the agreement of City and 3067 Contractor. 3068 28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3069 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any 3070 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting 3071 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health & 3072 Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or 3073 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 3074 to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the Health & 3075 Safety Code to defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability 3076 under CERCLA, the Health & Safety Code or other similar Federal, State or local law or regulation. 3077 28.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the 3078 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a FINAL AGREEMENT Page 87 of 192 3079 good faith determination that the Maximum Service Rates for the Solid Waste Collection Services provided 3080 under this Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among 3081 other reasons, such services are provided by a private corporation and not by City pursuant to Article 5, 3082 Contractor independently establishes the rates for services within the limits established in this Agreement, 3083 the receipt of services is voluntary and not required of any property within City, and any owner or Service 3084 Recipient of property within City has the opportunity to avoid the services available under this Agreement 3085 either through self -hauling or use of property in such a manner that Solid Waste is not generated. 3086 Accordingly, Contractor agrees to hold harmless and release the City Indemnitees from and against any and 3087 all claims Contractor may have against the City Indemnitees resulting in any form from the Maximum Service 3088 Rates provided for under this Agreement or in connection with the application of California Constitution 3089 Article XIIIC and Article XIIID to the imposition, payment or collection of the rates under this Agreement. This 3090 Section will survive the expiration or termination of this Agreement for Claims arising prior to the expiration 3091 or termination of this Agreement. 3092 28.07 Consideration. It is specifically understood and agreed that the consideration inuring to 3093 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and 3094 responsibilities contained in this Agreement. 3095 28.08 Obligation. This Agreement obligates Contractor to comply with the foregoing 3096 indemnification and release provisions; however, the collateral obligation of providing insurance must also 3097 be complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein 3098 shall not in any way be a limitation on Contractor's indemnification and defense obligations. 3099 28.09 Subcontractors. Contractor must require all subcontractors performing work in the City to 3100 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor 3101 fully indemnifies City in accordance with this Agreement. 3102 28.10 Exception. Notwithstanding other provisions of this Agreement, Contractor's obligation to 3103 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 3104 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active 3105 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or 3106 employees. 3107 28.11 Damage by Contractor. If Contractor's employees or subcontractors cause any injury, 3108 damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3109 tear, Contractor must reimburse City for City's cost of repairing or replacing such injury, damage or loss. 3110 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3111 injury, damage or loss. With the prior written approval of City, Contractor may repair the damage at 3112 Contractor's sole cost and expense. Any injury, damage or loss to private property caused by the negligent 3113 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at 3114 Contractor's sole expense. Disputes between Contractor and its Service Recipients or private property 3115 owners as to damage to private property are civil matters and complaints of damage will be referred to 3116 Contractor as a matter within its sole responsibility and as a matter within the scope of Section 27.01 3117 [Indemnification]. FINAL AGREEMENT Page 88 of 192 3118 Article 29. Default of Agreement 3119 29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3120 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3121 this Agreement, upon the happening of any one of the following events: 3122 29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes 3123 a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a 3124 petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness 3125 under the Federal bankruptcy laws or under any other law or statute of the United States or any State 3126 thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its 3127 property; or 3128 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3129 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3130 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3131 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3132 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3133 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default 3134 will be deemed immediate; or 3135 29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule 3136 or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, 3137 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3138 such possession or control continues in effect for a period of sixty (60) calendar days; or 3139 29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3140 administrative charges or other monies due City and such default is not cured within thirty (30) calendar 3141 days of receipt of written notice by City to do so; or 3142 29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money 3143 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of 3144 receipt of written notice by City to do so; or 3145 29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied 3146 final judgment under Section 29.01.4 above is the subject of a judicial proceeding, Contractor will not be in 3147 default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or 3148 29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3149 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a 3150 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City 3151 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement 3152 Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of 3153 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied FINAL AGREEMENT Page 89 of 192 3154 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3155 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following 3156 such written notice or having so commenced fails thereafter to continue with diligence the curing thereof 3157 (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty 3158 (30) calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be 3159 cured within a reasonable period of time). However, notwithstanding anything contained herein to the 3160 contrary, for the failure of Contractor to provide Collection Services for a period of three (3) consecutive 3161 Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to provide interim 3162 Collection services until such time as the matter is resolved and Contractor is again able to perform pursuant 3163 to this Agreement; provided, however, if Contractor is unable for any reason or cause to resume 3164 performance at the end of thirty (30) calendar days all liability of City under this Agreement to Contractor 3165 will cease and this Agreement may be terminated by City. 3166 29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3167 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3168 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3169 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3170 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3171 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period 3172 to correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3173 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore, 3174 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such 3175 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such 3176 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such 3177 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual 3178 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will 3179 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must 3180 cease any further performance under this Agreement. 3181 29.03 Effective Date. In the event of any the events specified above, and except as otherwise 3182 provided in such subsections, termination will be effective upon the date specified in City's written notice to 3183 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such 3184 termination, except for payment of services rendered up to and including the date of termination, all liability 3185 of City under this Agreement to Contractor will cease, and City will have the right to call the performance 3186 bond and will be free to negotiate with other contractors for the operation of interim and long-term Collection 3187 Services. Contractor must reimburse City for all direct and indirect costs of providing any interim Collection 3188 Services as a result of Contractor's default in this Agreement. 3189 29.04 Termination Cumulative. City's right to terminate this Agreement is cumulative to any other 3190 rights and remedies provided by law or by this Agreement. 3191 29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3192 of any of the events or conditions set forth in Section 25.04 [Uncontrollable Circumstances], refuse or be 3193 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste FINAL AGREEMENT Page 90 of 192 3194 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3195 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3196 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3197 safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect 3198 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3199 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting 3200 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect 3201 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3202 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3203 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3204 expenses for such substitute services during period in which Contractor is unable to provide Collection 3205 services required by this Agreement. 3206 29.06 Survival of Certain Contractor Obligation. Notwithstanding the termination of this 3207 Agreement by Contractor or City, Contractor's obligation to indemnify, defend and hold City and City 3208 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date 3209 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not 3210 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar 3211 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance 3212 bonds and other instruments shall remain in full force and effect for one full year after termination. 3213 Article 30. Modifications to the Agreement 3214 30.01 City -Directed Change. City has the power to make changes in this Agreement to impose 3215 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3216 Collection Services as may from time -to -time be necessary and desirable for the public welfare. The size of 3217 Collection Containers specified herein for Bundled Service are designed to meet the requirements of the 3218 State's recycling mandates including AB 341, AB 1826 and SIB 1383, and to be appropriate for the 3219 capabilities and capacities of available Materials Recovery Facilities and Organics Waste Processing 3220 Facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during 3221 the term of this Agreement; as such City reserves the right to redirect materials to alternate facilities and 3222 change the designated sizes of Carts and/or Bins in Bundled Services in accordance with any such changes. 3223 City will give the Contractor notice of any proposed change and an opportunity to be heard concerning those 3224 matters, and agrees to adjust Service Rates to reflect additional costs borne by Contractor. The scope and 3225 method of providing Collection Services as referenced herein will be liberally construed to include 3226 procedures, operations and obligations, financial or otherwise, of Contractor. When such modifications are 3227 made to this Agreement, City and Contractor will negotiate in good faith, a reasonable and appropriate 3228 compensation adjustment for any increase or decrease in the services or other obligations required of 3229 Contractor due to any modification in the Agreement under this Article. City and Contractor will not 3230 unreasonably withhold agreement to such compensation adjustment. Should agreement between City and 3231 Contractor on compensation adjustment not be reached within six months of the change request, or other 3232 period as agreed upon by both parties, City and Contractor agree to submit the compensation adjustment 3233 to binding arbitration as described in Section 30.02. FINAL AGREEMENT Page 91 of 192 3234 30.01.1 Change in Law. City and Contractor understand and agree that the California 3235 Legislature has the authority to make comprehensive changes in Solid Waste Collection legislation, and 3236 that these and other changes in Applicable Law in the future which mandate certain actions or programs 3237 for counties, municipalities or Contractor may require changes or modifications in some of the terms, 3238 conditions or obligations under this Agreement. Contractor agrees that the terms and provisions of the City 3239 of Santa Clarita Municipal Code, as it now exists or as it may be amended in the future (in a manner not 3240 inconsistent with this Agreement), will apply to all of the provisions of this Agreement and the Service 3241 Recipients of Contractor located within the Service Area. In the event any future change in Federal law or 3242 regulations, State or local law of regulation, or the City Code materially alters the obligations of Contractor, 3243 then the affected Maximum Service Rates, as established in Exhibit 1 of this Agreement will be adjusted in 3244 accordance with Section 6.07. Nothing contained in this Agreement will require any party to perform any 3245 act or function contrary to law. City and Contractor agree to enter into good faith negotiations regarding 3246 modifications to this Agreement which may be required in order to implement changes in the interest of the 3247 public welfare or due to Change in Law. When such modifications are made to this Agreement, City and 3248 Contractor will negotiate in good faith, a reasonable and appropriate compensation adjustment for any 3249 increase or decrease in the services or other obligations required of Contractor due to any Change in Law 3250 or modification in the Agreement under this Article. City and Contractor will not unreasonably withhold 3251 agreement to such compensation adjustment. Should agreement between City and Contractor on 3252 compensation adjustment not be reached within six months of the change request, or other period as 3253 agreed upon by both parties, City and Contractor agree to submit the compensation adjustment to binding 3254 arbitration as described in Section 30.02. 3255 30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days 3256 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3257 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3258 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3259 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one- 3260 half of the costs of the arbitrator. 3261 Article 31. Legal Representation 3262 31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3263 represented by counsel in the preparation of and contributed equally to the terms and conditions of this 3264 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing 3265 the same will not apply due to the joint contributions of both parties. 3266 Article 32. Conflict of Interest 3267 32.01 Financial Interest. Consultant is unaware of any City employee or official that has a 3268 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being 3269 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in 3270 Consultant's business by any City employee or official. FINAL AGREEMENT Page 92 of 192 3271 Article 33. Contractor's Personnel 3272 33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3273 employees of the City's two franchisees from the prior Exclusive Solid Waste Franchise Agreement. 3274 Contractors must retain these displaced employees for a period of not less than 90 days, as provided for in 3275 Chapter 4.6, Sections 1070 through 1076 of the California Labor Code. Contractor shall make information 3276 about wage rates, benefits and job classifications of employees available to the City prior to any subsequent 3277 procurement for solid waste collection. 3278 33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3279 services required under this Agreement, and shall be responsible for ensuring its employees comply with 3280 this Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3281 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3282 being employees or officials of City. City may request the transfer of any employee of Contractor who 3283 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3284 performance of their duties under this Agreement. 3285 33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3286 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3287 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar 3288 Year of this Agreement and any other time the person in that position changes. The Agreement Manager 3289 must be available to the City through the use of telecommunications equipment at all times that Contractor 3290 is providing Collection Services in the Service Area. The Contract Manager must provide City with an 3291 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3292 33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service 3293 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of 3294 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3295 annually before January 1 st of each subsequent Calendar Year of the Term, and any other time Contractor 3296 changes the employee serving in that position changes. The Service Supervisor must be physically located 3297 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3298 equipment at all times that Contractor is providing Collection Services. In the event the Service Supervisor 3299 is unavailable due to illness or vacation, Contractor must designate an substitute acceptable to the City who 3300 shall be available and shall have the authority to act in the same capacity as the Service Supervisor. 3301 33.05 Key Operations Staff. Contractor shall provide a full-time Key Operations Staff consisting 3302 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3303 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3304 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number 3305 and office address. 3306 33.06 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide 3307 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. FINAL AGREEMENT Page 93 of 192 3308 33.07 Field Personnel. Contractor's field operations personnel are required to wear a clean 3309 uniform shirt bearing Contractor's name. Contractor's employees, who normally come into direct contact with 3310 the public, including drivers, must bear some means of individual photographic identification such as a name 3311 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3312 license and all other required licenses for the type of vehicle that is being operated. 3313 33.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3314 the California Labor Code that require every employer to be insured against liability for Workers' 3315 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3316 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3317 person so that any part of this Agreement is so performed by such person would be subject to the workers' 3318 compensation laws of the State of California unless and until Contractor gives City a certificate of consent 3319 to self -insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3320 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either 3321 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3322 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3323 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation 3324 Insurance Coverage required by or for this Agreement, and all such coverage shall be endorsed with a 3325 waiver of subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3326 subcontractors. 3327 33.09 Employment & Labor Practices. Contractor shall indemnify and hold harmless City and its 3328 elected officials, officers, employees, servants, designated volunteers, and agents serving as independent 3329 contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of 3330 any nature to the extent arising from Contractor's personnel and labor practices. All duties of Contractor 3331 under this paragraph shall survive termination of this Agreement. 3332 33.10 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3333 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3334 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3335 and local licenses required for the work they are assigned to perform. Contractor shall require any 3336 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3337 to agree they are independent contractors and have no other agency relationship with City. 3338 Article 34. Exempt Waste 3339 34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such 3340 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if 3341 provided by Contractor must be in strict compliance with all Applicable Laws. 3342 Article 35. Independent Contractor 3343 35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3344 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of FINAL AGREEMENT Page 94 of 192 3345 the details of the services and work performed and over all persons performing such services and work. 3346 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors 3347 and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors or 3348 subcontractors will obtain any right to retirement benefits, Workers Compensation benefits, or any other 3349 benefits which accrued to City employees and Contractor expressly waives any claim to such benefits. 3350 35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3351 enter into a contract containing the provisions set forth in the preceding subsection in which contract the 3352 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3353 agency relationship with City. 3354 Article 36. Laws to Govern 3355 36.01 The law of the State of California governs the rights, obligations, duties and liabilities of 3356 City and Contractor under this Agreement and govern the interpretation of this Agreement. 3357 Article 37. Consent to Jurisdiction 3358 37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3359 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State 3360 of California, or in the United States District Court for the Central District of California to the fullest extent 3361 permissible by law. Each party consents to service of process in any manner authorized by California law. 3362 Article 38. Assignment 3363 38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3364 made in whole or in part by Contractor without the express prior written consent of the City. City will have 3365 full discretion to approve or deny, with or without cause, any proposed or actual assignment by the 3366 Contractor. Any assignment of this Agreement made by Contractor without the express written consent of 3367 the City will be null and void and will be grounds for City to declare a default of this Agreement and 3368 immediately terminate this Agreement by giving written notice to Contractor, and upon the date of such 3369 notice Contract will be deemed immediately terminated, and upon such termination all liability of City under 3370 this Contract to Contractor will cease, and City will have the right to call the performance bond and will be 3371 free to negotiate with other contractors, for the services that are the subject of this Agreement. In the event 3372 of any assignment approved by City, the assignee must fully assume all the liabilities of Contractor by way 3373 of an assignment and assumption agreement. Notwithstanding the above, an assignment to an affiliate of 3374 Contractor may be undertaken upon notice to City, but without the requirement for its approval. For purposes 3375 of this provision, "affiliate" means any person or legal entity that, directly or indirectly, controls, is controlled 3376 by, or is under common control with Contractor. 3377 38.02 The use of a subcontractor to perform services under this Contract will not constitute 3378 delegation of Contractor's duties provided that Contractor has received prior written authorization from the 3379 Agreement Administrator to subcontract such services and the Agreement Administrator has approved a 3380 subcontractor who will perform such services. Contractor will be responsible for directing the work of FINAL AGREEMENT Page 95 of 192 3381 Contractor's subcontractors and any compensation due or payable to Contractor's subcontractor will be the 3382 sole responsibility of Contractor. The Agreement Administrator will have the right to require the removal of 3383 any approved subcontractor for reasonable cause. 3384 Article 39. Compliance with Laws 3385 39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3386 including, without limitation, the Santa Clarita Municipal Code. 3387 39.02 City shall provide written notice to Contractor of any planned amendment of the Santa 3388 Clarita Municipal Code that would substantially affect the performance of Contractor's services pursuant to 3389 this Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council's 3390 approval of such an amendment. 3391 Article 40. Permits and Licenses 3392 40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or 3393 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must 3394 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and 3395 conditions of such permits, licenses and approvals upon the request of the Agreement Administrator. 3396 40.02 The Contractor must have a valid City of Santa Clarita Business Tax Certificate throughout 3397 the term of the Franchise Agreement. 3398 Article 41. Ownership of Written Materials 3399 41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents, 3400 brochures, public education materials, and other similar written, printed, electronic or photographic materials 3401 developed by Contractor at the request of City or as required under this Agreement, and intended for public 3402 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such 3403 materials that specifically reference City for other purposes without the prior written consent of the 3404 Agreement Administrator. This Article 41 does not apply to ideas or concepts described in such materials 3405 and does not apply to the format of such materials. 3406 Article 42. Waiver 3407 42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition 3408 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any 3409 subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent 3410 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3411 not be deemed to be a waiver by City of any breach for violation of any term, covenant or condition of this 3412 Agreement. FINAL AGREEMENT Page 96 of 192 3413 Article 43. Prohibition Against Gifts 3414 43.01 Contractor represents that Contractor is familiar with City's prohibition against the 3415 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3416 designated employee any gifts prohibited by the City. 3417 Article 44. Point of Contact 3418 44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3419 Agreement Administrator. 3420 Article 45. Notices 3421 45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3422 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3423 specified and to the place for giving of notice in compliance with the provisions of this Section. For the 3424 present, the parties designate the following as the respective persons and places for giving of notice: 3425 As to the City 3426 Environmental Services Manager, Darin Seegmiller 3427 City of Santa Clarita Neighborhood Services Department 3428 23920 Valencia Blvd. Suite 120 3429 Santa Clarita, CA 91355 3430 Telephone: 661-286-4098 3431 email: dseegmiller@santa-clarita.com 3432 As to the Contractor: 3433 Burrtec Waste Industries, Cole Burr 3434 9890 Cherry Avenue 3435 Fontana CA 92335 3436 Telephone: 909-429-4200 3437 email: cole@burrtec.com 3438 45.02 Notices will be effective when received at the address as specified above. Changes in the 3439 respective address to which such notice is to be directed may be made by written notice. 3440 45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3441 may be given to Contractor orally by telephone at Contractor's local office with confirmation sent to 3442 Contractor through the Customer Service System by the end of the Work Day. FINAL AGREEMENT Page 97 of 192 3443 Article 46. Transition to Next Contractor 3444 46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3445 Collection Services following the expiration or early termination of this Agreement, Contractor will cooperate 3446 fully with City and any subsequent contractors to assure a smooth transition of services described in this 3447 Agreement. Such cooperation will include but not be limited to transfer of computer data, files and tapes; 3448 providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing 3449 a complete inventory of all Collection Containers; providing adequate labor and equipment to complete 3450 performance of all Collection Services required under this Agreement; taking reasonable actions necessary 3t51 to tFansfeF evmeFshopcoordinate the transfer and/or disposal of carts and bins, as ' ; 3 52 ;appropriate: 3453 coordinating Collection of Materials set out in new containers if new containers are provided for a subsequent 3454 Agreements and providing other reports and data required by this Agreement. 3455 Article 47. Contractor's Records 3456 47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3457 accurate financial and accounting records, pertaining to cash, billing and disposal transactions for the 3458 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3459 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3460 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3461 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3462 termination hereof or for any longer period required by law, full, complete and accurate records as indicated 3463 in the Agreement. 3464 47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3465 made available for inspection or audit for the purposes set forth in Section 17.02.3, at any time during regular 3466 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 3467 Manager, or a designated representative of any of these officers. Copies of such documents will be provided 3468 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if 3469 mutually agreed upon. 3470 47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3471 Public Records Act ("CPRA"). City acknowledges that Contractor may consider certain records, reports, or 3472 information contained therein, ("Records") which Contractor is required to provide to City under this 3473 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3474 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3475 to disclosure provided under the CPRA that legally permit non -disclosure of the Records. At such time as 3476 City receives a request for records under the CPRA or Federal Freedom of Information Act ("FOIA") or a 3477 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the 3478 request, subpoena or order and of City's obligation and intent to provide a response within ten (10) calendar 3479 days. Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the 3480 Records; or (ii) seek and obtain, at Contractor's sole cost and expense, the order of a court of competent 3481 jurisdiction staying or enjoining the disclosure of the Records. If Contractor fails to timely respond, then City FINAL AGREEMENT Page 98 of 192 3482 may proceed to disclosure the Records in which event Contractor agrees waives and releases City of any 3483 liability for the disclosure of the Records. In the event Contractor seeks a court order to stay or enjoing the 3484 disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected 3485 and appointed board or commission members, officers, employees, volunteers and agents (collectively, 3486 "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, 3487 proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-judicial or 3488 administrative in nature, arising or resulting from or in any way connected with the subject CPRA or FOIA 3489 request for the Records. This Indemnity shall survive the expiration or termination of this Agreement. 3490 47.03 Where City has reason to believe that such records or documents may be lost or discarded 3491 in the event of the dissolution, disbandment or termination of Contractor's business, City may, by written 3492 request or demand of any of the above -named officers, require that custody of the records be given to City 3493 and that the records and documents be maintained in City Hall. Access to such records and documents will 3494 be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor- 3495 in -interest. 3496 Article 48. Entire Agreement 3497 48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3498 understanding between the parties, and the Agreement will not be considered modified, altered, changed or 3499 amended in any respect unless in writing and signed by the parties. 3500 Article 49. Severability 3501 49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3502 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3503 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3504 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3505 Article 50. Right to Require Performance 3506 50.01 The failure of City at any time to require performance by Contractor of any provision of this 3507 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3508 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3509 provision or as a waiver of any provision itself. 3510 Article 51. All Prior Agreements Superseded 3511 51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3512 conversations, agreements and understandings applicable to the matters contained in this Agreement and 3513 the parties agree that there are no commitments, agreements or understandings concerning the subject 3514 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3515 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3516 oral or written. FINAL AGREEMENT Page 99 of 192 3517 Article 52. Headings 3518 52.01 Headings in this document are for convenience of reference only and are not to be 3519 considered in any interpretation of this Agreement. 3520 Article 53. Exhibits 3521 53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3522 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3523 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3524 Article 54. Attorney's Fees 3525 54.01 In the event that litigation is brought by a party in connection with this Agreement, the 3526 prevailing party will be entitled to recover from the opposing party all costs and expenses, including 3527 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies 3528 under this Agreement or the enforcement of any of the terms, conditions, or provisions of this Agreement. 3529 Article 55. Effective Date 3530 55.01 This Agreement will become effective when it is properly executed by City and Contractor 3531 and Contractor will begin Collection Services under this Agreement as of July 1, 2023. 3532 FINAL AGREEMENT Page 100 of 192 3533 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3534 date(s) below each signature. 3535 3536 3537 3538 3539 3540 3541 3542 3543 3544 3545 3546 3547 3548 3549 CITY OF SANTA CLARITA A General Law City By: Title: ATTEST: City Clerk APPROVED AS TO FORM City Attorney By: FINAL AGREEMENT BURRTEC WASTE INDUSTRIES INC. By: Cole Burr By: President By: Tracy Burr Secretary Page 101 of 192 3550 Exhibit 1 3551 City Approved Service Rates 3552 3553 3554 Single -Family Dwelling Maximum Service Rates Service Descriptions Billing Frequency Proposed Bundled Rate Standard Single -Family Automated Cart Service a on Trash, 96-Gallon Recycling, 96-Gallon Organic Waste) 64-Gallon Single -Family Automated Cart Service (64-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste) 32-Gallon Single -Family Automated Cart Service (32-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste) r�'t Pe Beew-egee We FINAL AGREEMENT Page 102 of 192 3555 Single -Family Dwelling Maximum Service Rates Service Descriptions Billing Frequency Approved Maximum Rate Standard Single -Family Automated CartService (96-Gallon Garbage, 95-Galon Recyckng, 96-Galon Organic Waste) per month $29.87 54-Callon Single -Family Automated CartService (64-Gal)on Garbage, 96-Galon Recyclrrtg, 96-Galon Organic Waste) per month 527.05 32-Gallon Single -Family Automated Cart Service (32-Gallon Garbage, 96-Gallon Rec)cling, 96-Ga!!on Organic Waste) per month $25.48 Additional Garbage Cart per month $6.32 Additional Recycling Cart per month N!C Additional Organics Cart per month WC Restart of Service(Autc-Resume Fee) peroccurrence 522.72 Cart Delivery peroccurrence N7C Cart Removal peroccurrence N!C Cart Exchange to Larger Cart(in excess of one per year) peroccurrence $18.76 Residential Cart Replacement Fee peroccurrence $8081 Senior or Low Income Discount N/A 20.001A Organics/Recycling Contamination Fee peroccurrence $66.24 Single -Family Bin Rates (requires and includes a minimum of one cart foreach of theremaininji material es) Billing Frequency Approved Maximum Rate 1.5- CubicYard Bin -serviced 11week per month $120.63 2-Cubic Yard Bin -serviced 1/week per month S141.82 3-Cubic Yard Bin -serviced l/week per month $184.94 4-Cubic Yard Bin -serviced l/week per month $237.24 Additional Mist. Single FamiRates-. Billing Frequency Approved Maximum Rate Roll Out/Backyard Pull-out Service Residential per month 514.94 Roll Out/Backyard Pull-out Service Residential (Senior) per month $11.95 Stinger/Scout Service - Bins per bin/per service $49.56 Locking Cart per month $17.65 Extra Trash Pickup (per cart) on scheduled pick up day per occurrence 57.07 Extra Trash Pickup(per carton non-scheduled pick up day peroccurrence $14.14 Extra Trash Pickup (per bin) peroccurrence $52.98 Extra Bulky Item Col I ection (in excess of four per year) Residential (up to three items) peroccurrence $22.40 Residential (Senior)(uptothree items) peroccurrence $17.92 Bin Replacement +actual cost of bin peroccurrence 5115.45 A ddition a l Cart Cie n ings(in e x ce ss of one per ye a r) peroccurrence $18.05 Additional Bin Cleanings (in excess of one peryear) peroccurrence $57.62 Return Check Fee (NSF) peroccurrence $25.00 Late Fees per month 10.0% FINAL AGREEMENT Page 103 of 192 3556 3557 3558 3559 Multi -Family Dwelling Maximum Service Rates MFD: Multi -Family Dwelling with Individual Cart Service NOTE: A service r auest for ReCVCItorero ..nu ho Multi -Family Trash (Note: includes 96-Gallon Recycling and 32-Gallon Organic t�►�lf.�tiTEEf.�t�E'!L� NONE fi7�17f .PE. _.fiiiiiiiiiiiiiMulti-Family Dwelling Recycling Only . �17�'�`[lS�l�1[�T1[�T.Ll7tl�T•LT•1tllT.7.L7 �f��!'ltl7f.�lSll�f.�lR'll�ftlLT�.17f.!!T.'lRfflET!!'1 �lr�f.!lRl��.�TS�!\flR7S�flSRT.f��ft♦CS�1.'1 R!!!0!��llLt�ff�S7ll,�f�T1lT.fflf}.7.T.1flRR7 Multi -Family Organic Waste Only (Green Waste and Food Waste) ..!Rl!!1!IRt�flST.1f.T.�fIA!)!f!lI.T.T.���wwf�.7!llf��7.71.1i7 .!RJ!!�R!!�«AE7lTITS1l�RZ7T.7r.11A#lJ�ftl7T.77.L7f.1lfGSlR1 Multi -Family Dwelling Green Waste Only (if applicablel - - . l�Il!.�Rl�flR7�fr�se ��eww�crr rrra��rra��-1.vr1 Multi -Family Dwelling Food Waste Only (ifapplicable) . ��f.♦!L7!}.1R7�17'4.7f.�11l1��.!l717.7��R717�.�.�liw Service Descriptions Billing Frequency Proposed Rate MFD Additional I Other Services FINAL AGREEMENT Page 104 of 192 3560 Multi -Family Dwelling Maximum Service Rates MFD: Multi -Family Dwelling with Individual Cart Service Rate Schedule Effective 01101/2025 NOTE: All Multi -Family Dwelling Trash Rates include the equivalent volume of recycling and one 32- Gallon Organic Waste cart per 2-cubicyards of garbage as part of the Bundled Trash rates. Any increased or additional collection service requestfor Recycling/organic Waste/Green Waste/Food Waste will be charged perthe Multi -Family Dwelling Maximum Service Rate sheet. Service Billing Frequency Collection Frequency 1/week 2f111ee7 3fweek 1 4/week 5/week I 61week Multi -Family Garbage 32-GalIon Cart per month $ 37.22 $ 72.65 $ 108.09 $ 143.17 $ 179.23 $ 21334 64-Ga l l on Cart per month $ 43.57 $ 8537 $ 127.16 $ 168.59 $ 210.01. $ 251A6 96-Gallon Cart per month $ 49.93 $ 98.10 $ 146.25 $ 194,05 $ 241A5 $ 289.56 1 / 1.5 CY Bin per month $ 120.63 $ 237.93 $ 355.08 $ 471.60 $ 589.14 $ 704.59 2 CY Bin per month $ 141.82 $ 280.21 $ 418.72 $ 556A5 $ 694.21 $ 831.96 3CY Bin per month $ 184.94 $ 365.82 $ 546.66 $ 726.72 $ 906.77 $ 1,096.84 4 CY Bin per month $ 237.24 $ 469.62 $ 701.97 $ 93336 $ 1,164.77 $ 1,395.14 6CY Bin per month $ 334.28 $ 662.29 $ 99031 $ 1,317,09 $ 1,643A5 $ 1,970.61 2 CY Compactor per month $ 190A2 $ 376.91 $ 563A2 $ 749.12 $ 934A5 $ 1,120.57 3 CY Campactar per month $ 253.64 $ 502.59 $ 751.51 $ 999.54 $ 1,247.54 $ 1,495.58 6 CY Compactor per month $ 452.33 $ 899.06 $ 1.,345.76 $ 1,79135 $ 2,236.95 $ 2,682.52 Multi -Family dwelling Recycling Only 32-Gallon Cart per month $ 29.23 $ 51.52 $ 59.59 $ 75.99 $ 9239 $ 108.77 64-Ga IIon Cart per month $ 3131 $ 55.61 $ 65.67 $ 84.06 $ 102A5 $ 120.83 96-Ga I l on Cart per month $ 33.59 $ 60.05 $ 72.29 $ 92A3 $ 1133R $ 133.93 1 / 1.5 CY B'in per month $ 92.57 $ 152.51 $ 209.96 $ 262.75 $ 31137 $ 356.22 2 CY On per month $ 101.19 $ 164.74 $ 225.88 $ 284.63 $ 341.22 $ 395.69 3 CY &n per month $ 116,92 $ 197.65 $ 256.04 $ 322.11 $ 395.93 $ 447.66 4CY Bin per month $ 132A4 $ 21052 $ 286.20 $ 379.95 $ 430.61 $ 499.67 6 CY Bin per month $ 192.97 $ 322.03 $ 451.01 $ 580.03 $ 709.03 $ 838.02 2 CY Compactor per month $ 126.97 $ 232.11 $ 293.71 $ 380.77 $ 467.83 $ 554.90 3 CY Compactor per month $ 150.87 $ 280.89 $ 400.91 $ 520.93 $ 640.95 $ 760.99 5 CY Compactorl per month $ 302.69 $ 531.85 $ 760.96 $ 990A0 1 $ 1,219.21 $ 1,448.32 Mufti -Family Organic Waste Only IGreen Waste and Food Waste} 32-Gallon Cart I per month $ 53.94 $ 114.72 $ 161.23 $ 208.18 $ 263.25 $ 301.39 64-Ga IIon Cart per month $ 89.28 $ 16531 $ 237,07 $ 309.25 $ 389.57 $ 452.97 96Ga IIon Cart per month $ 114.63 $ 215.89 $ 312.91 $ 41033 $ 515.90 $ 604.54 1 / 1.5 CY Bin per month $ 236AO $ 418.04 $ 598.58 $ 757.72 $ 925.201 $ 1`093.04 2 CY Bin per month $ 295.00 $ 539.92 $ 768.59 $ 998.92 $ 1,260.06 $ 1,457.09 Mil ffy dwelling Green Waste Onfv fif aooiicablel 64-Galion Cart per month $ 33.86 $ 58.26 $ 81.92 $ 104.24 $ 12535 $ 14539 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 $ 190.70 $ 266A0 1 $ 339A9 $ 410.17 $ 477.92 3 CY Bin per month $ 136.05 $ 232.11 $ 326.07 $ 417.97 $ 507.94 $ 596.10 Multi -Family dwelling Food Waste Only Itf applicable} 32-Gallon Cart per month $ 64.28 $ 115A3 $ 162.27 $ 209.57 $ 265.00 $ 303A8 64-Gallon Cart per month $ 89.93 $ 166.60 $ 239.01 $ 311.83 $ 392.80 $ 456,94 96-Gallon Cart per month $ 1.15.57 $ 217.79 $ 315.74 $ 414.11 $ 520.63 $ 610.21 1 1 1.5 CY Bin per month $ 237A5 $ 420.95 $ 592.94 $ 763.54 $ 932AB $ 1,101.78 2 CY Bin per month $ 296.94 $ 543.79 $ 774.51 $ 1,006.68 $ 1,269.76 $ 1,468.73 3561 3562 3563 Commercial Maximum Service Rates NOTE: P Commercial Trash (Notw. includes 96-Gallon Recycling and 32-Galion Organic Waste) MNEMONIC ��YIIIiYW�F�Y'ifYiirY'Y! • �wr..rr��rr��r�w`a��r-wry-.-.._....____......___ _!R}�RI�fllT.7S7�.lRlr.7�li7.lr.7�.1R717�.�LT�.i7 �r��www lwlwRl� �R71S7«7l.�Af.�T'SA�.�Rii7«TT�9�•T1 �� �����lS77.7�lT.L7.l7�7777l.� Commercial Recycling Only MOMEMMING Commercia 10 rganic Waste Only Green Waste and Food Waste) MEMMEMEM �•ytiyyyY��•��•.�.••siiiYL'�ssii�-sas�iCY�J�•�.•• •��iSiiSi� I.R�IRI��IGlr.7f�e7f.7�lIT.l7.7�!llfl7 �!!!!Jf ���l�T!*.l7�LflS1fl�T.7�l�f�.l7.T.l1� �RI� MM �r Commercial Food (if __.____ �_�ww.�wv_�w.q _ _l�I�RRI��l7177�.�}.lTJ.7��A��IRIT.���IRSA Service Descriptions Billing Frequency proposed Rate Commercial Additional ! Other Services FINAL AGREEMENT Page 106 of 192 3564 Commercial Maximum Service Rates Rate Schedule Effective 0110112U25 NOTE: All Commercial Trash Rates will include the equivalent volume of recycling and one 32-Gallon Organic Waste Cart per 2-cubic yards of garbage as part of the Bundled Trash rates. Any increased or additional collection service request for Recycling/Organic WastelGreen WastelFood Waste will be charged per the Commercial Maximum Service Rate sheet. Service Billing Frequency II Collection Fre uenc 1lweek 2lweek 31week 4lweek 51week I6lweek Commercial Garba e 32-Gallon Cart per month $ 37.22 $ 72.65 $ 109.09 $ 143.17 $ 178.23 $ 213.34 64-Gallon Cart per month $ 43.57 $ 85.37 $ 127.16 $ 168.59 $ 210A1 $ 251A6 96-Gallon Cart per month $ 49.93 $ 98.10 $ 146.25 $ 194,05 $ 241A5 $ 289.66 111.5 CY Bin per month $ 120.63 $ 237A3 $ 355.08 $ 471.60 $ 588.14 $ 704.68 2 CY Bin per month $ 141,92 $ 290.27 $ 41.9.72 $ 556A5 $ 694.21. $ 831.95 3 CY Bin per month $ 184.94 $ 365.82 $ 546.66 $ 726.72 $ 906.77 $ 1,086.84 4 CY Bin per month $ 237.24 $ 469.62 $ 701.97 $ 933.36 $1,164.77 $ 1,396.14 6 CY Bin per month $ 334.28 $ 662.29 $ 990.31 $ 1,317.09 $1,643A5 $ 1,970.61 2 CY Compactor per month $ 190A2 $ 376.91 $ 563A2 $ 749.12 $ 934A5 $ 1,120.57 3 CY Compactor per month I $ 253.64 1 $ 502-5191 $ 751.51.1 $ 999.541 $1,247.54 $ 1,495.58 6 CY Com actor per month 1 $ 452.33 1 $ 899.061 $1,345.761 $ 1,791.35 1 $ 2,236.95 $ 2,6B2.52 Commercial Recyclin4i Only 32-Gallon Cart per month $ 29.23 $ 51.52 $ 59.59 $ 75.99 $ 9239 $ 108.77 64-Gallon Cart per month $ 3131 $ 55.61 $ 65.67 $ 84.06 $ 102.45 $ 120A3 96-Gallon Cart per month $ 33.59 $ 60.05 $ 72.29 $ 92.83 $ 11338 $ 133.93 111.5 CY Bin per month $ 92.57 $ 1.52.51 $ 209.96 $ 262.75 $ 311.37 $ 356.22 2 CY Bin per month $ 10119 $ 164.74 $ 225A8 $ 284.63 $ 341.22 $ 395.69 3 CY Bin per month $ 11.6.82 $ 187.65 $ 256.04 $ 322.11 $ 385.93 $ 447.66 4 CY Bin 132A4 $ 210.52$ 286.20 $ 379.95 $ 430.61 $ 499.67 6 CY Bin $ 192.97 $ 322A3 $ 451,0i $ 580A3 $ 709.03 $ 838.02 2 CY Compactor Lmnonth$ $ 126.97 $ 232.11 $ 293.71 $ 380.T7 $ 457A3 $ 554.90 3CY Compactor $ 160.87 $ 280.89 $ 400.91 $ 520.93 $ 540.95 $ 760.99 CY Com actor $ 302.69 $ 531A5 $ 760.96 $ 990.10 $ 1,2191.21 $ 1,449.32 Commercial Organic Waste Only (Green Waste and Food Waste) 32-Gallon Cart per month $ 63.94 $ 114.72 $ 161.23 $ 209.19 $ 263.25 $ 30139 64-Gallon Cart per month $ 89.28 $ 16531 $ 237,07 $ 309.25 $ 399.57 $ 452.97 96-Gallon Cart per month $ 114.63 $ 215.89 $ 312.91 $ 410.33 $ 515.90 $ 604.54 111.5 CY Bin per month $ 236AO $ 41E.04 $ 588.5E $ 757.72 $ 925.20 $ 1,093.04 2 CY Bin per month $ 295.00 $ 539.92 $ 768.69 $ 998.92 $1,260,06 $ 1,457.09 Commercial Green Waste Only (if applicable) 64-Gallon Cart per month $ 33A6 $ 58.26 $ 81.92 $ 104.24 ,S 12535 $ 14539 96-Gallon Cart per month $ 39.55 $ 67.66 $ 96.02 $ 123.04 $ 149.95 $ 173.59 111.5 CY Bin per month $ 97.73 $ 167.10 $ 234.28 $ 297A4 $ 356.94 $ 413.18 2 CY Bin per month $ 11.0.96 $ 1.90.70 $ 266.80 $ 339A9 $ 410.17 $ 477.92 3 CY Bin per month $ 136.05 $ 232.11 $ 326.07 $ 417.97 $ 507.94 $ 596.10 Commercial Food Waste Only (ifapplicable) 32-Gallon Cart per month $ 64.29 $ 115.43 $ 162.27 $ 209.571 $ 265M g 303A8 Ill Cart per month $ 89.93 $ 166.60 $ 239,01 $ 311.83 $ 392.80 $ 456.84 96-Gallon Cart per month $ 115.57 $ 217.79 $ 315.74 $ 414.11 $ 520.63 $ 610.21 111.5 CY Bin per month $ 237A5 $ 420.95 $ 592.94 $ 763.54 $ 932 A8 $ 1,101.78 2 CY Bin per month $ 296.94 $ 543.79 $ 774.51 $ 1,006.68 $1„269.76 $ 1,468.73 FINAL AGREEMENT Page 107 of 192 3565 3566 Additional Services Maximum Service Rates FINAL AGREEMENT Page 108 of 192 3567 3568 3569 3570 3571 3572 3573 3�74 Commercial 8, Multi -Family Dwelling Additional Services Maximum Service Rates Service Descriptions Billing Frequency Approved Maximum Rate Other Services Locking Bin, Lock on Gate, enclosure Monthly Fee per luck per month $8.34 Trip ChargODry Run per occurrence $92.94 Restart of Seance (auto resume fee) per occurrence $22.72 Setup Fee per occurrence N1C Delivery Charge per occurrence NIC Delivery Charge Commercial Carts per occurrence N1C Removal per occurrence NIC Exchange Fee (in excess of one time per year) per Occurrence $110.09 Stinger/ Scout Service Fee per bin per service $49.56 Organics/Recycling Contamination Fee per Occurrence $80.57 Extra Bin Pick Ups (on scheduled pick up day) per bin/per occurrence $63.40 Extra Bin Pick Ups (on non-scheduled pick up day) per hinlper Occurrence $89.73 Bin Replacement (+ actual cost of bin) per Occurrence $115.45 Additional Bin Cleaning (in excess of one per year) per occurrence $57.62 Counter Balance Lid per month $12.75 Commercial Locking Bars - Initial Set Up per occurrence $38.79 Commercial Locking Bars - Ongoing fee per month $8.29 Overage Fee per occurrence $70.57 Commercial Electronic Waste Disposal I per occurrence $22.40 Commercial Manure Collection (64 gallon Cart) per month $59.45 Commercial Manure Collection (2 CY Bin) per month $205.50 Additonal Standby and Loading Time per month $180.14 Emergency Seances Section 2001).per hour $210.55 Bin Push Out Rates Rate Schedule Effective 01/0112025 Service Billing Frequency Collection Fre uenc 11week 21week 31week 4lweek 51week I 61week Bin Push Out Rates 25-49 feet 50-74 feet 75-99 feet 100-125 feet per month $ 45.10 $ 90.20 $ 135.30 $ 180A0 $ 225.50 $ 270.60 per month $ 67.65 $ 13530 $ 202.95 $ 270.60 $ 338.25 $ 405.90 per month $ 101A6 $ 202.92 $ 304.38 $ 405.84 $ 50730 $ 609.76 per month $ 152.18 $ 30436 $ 456.54 $ 506.72 $ 760.90 $ 913 A8 FINAL AGREEMENT Page 109 of 192 3575 3576 3577 3578 3579 3580 3581 3582 3583 3584 3585 3586 3587 3588 3589 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 FINAL AGREEMENT Page 110 of 192 3590 3�91 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 Chesebrou h Park 3 Yard 2 2 Trash Circle J Park 3 Yard 1 1 Trash City Corporate Yard 3 Yard 1 5 Trash 3 Yard 2 1 Commingle City Hall 3 Yard 2 3 Trash 65 al 1 1 Food Waste 3 Yard 4 1 Commin le City Sub Yard 40 Yard 1 OC Trash 30 Yard 1 OC Trash 20 Yard 1 OC Trash 10 Yard 1 OC Inert 20 Yard 1 OC Green Waste 40 Yard 4 OC C&D 20 Yard 1 OC C&D 10 Yard 1 OC C&D Copper Hill Park 3 Yard 1 1 Trash 3 Yard 1 1 Green Waste FINAL AGREEMENT Page 111 of 192 Site Bin Size Number of Bins Frequency Commodity Creekview Park 3 Yard 1 1 Trash Fair Oaks Park 3 Yard 2 1 Trash Golden Valley Park 3 Yard 1 2 Trash Newhall Community Center 3 Yard 2 3 Trash 3 Yard 1 1 Commingle Newhall Park (Boys & Girls Club 3 Yard 2 2 Trash 3 Yard 1 1 Commingle Newhall Park (Pool) 20 Yard 2 OC Trash 20 Yard 1 OC Green Waste 40 Yard 1 OC C&D Newhall Park 20 Yard 1 OC Trash 40 Yard 1 OC Trash 20 Yard 1 OC Green Waste North Oaks Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste 1.5 Yard 1 1 Commingle Oak Spring Canyon Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Old Orchard Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Old Town Newhall Library 3 Yard 1 1 Trash 3 Yard 1 2 Trash 3 Yard 1 2 Commingle Pam lico Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Plum Canyon Park 3 Yard 1 1 Trash 3 Yard 1 1 Green Waste River Village Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Santa Clarita Metrolink Station 3 Yard 1 5 Trash 3 Yard 1 1 Commingle Santa Clarita Park 3 Yard 1 2 Trash 3 Yard 1 1 Green Waste Santa Clarita Sports Complex 3 Yard 1 3 Trash 3 Yard 2 3 Trash 3 Yard 1 2 Commingle 3 Yard 1 2 Commingle Skyline Ranch Park future - The Cube Ice Station 3 Yard 2 2 Trash FINAL AGREEMENT Page 112 of 192 3592 3593 Site Bin Size Number of Bins Frequency Commodity 3 Yard 1 1 Commingle Todd Lon shore 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 FINAL AGREEMENT Page 113 of 192 3594 Exhibit 4 3595 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. 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. FINAL AGREEMENT Page 114 of 192 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. / Formatted: Font color: Auto, Not Strikethrough Roll -off specifications shall be the same as Bin specifications E4.02.1 through E4.02.6, and E4.02.8. Formatted: Font color: Auto, Not Strikethrough 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; AgFeernent. 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. FINAL AGREEMENT Page 115 of 192 3596 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. FINAL AGREEMENT Page 116 of 192 3597 Exhibit 5 3598 Transition Plan 3599 Burrtec has extensive experience in new program roll -outs ensuring success for the City of Santa 3600 Clarita franchise implementation. Transition experience includes various conversions and 3601 implementations of residential and commercial program including regulatory compliance, information 3602 materials development, container delivery and removal, mailings, advertisements, routing, billings, 3603 audits, and ongoing education. 3604 3605 After Contract Execution and prior to the Contact Start Date, Burrtec will provide the City of Santa 3606 Clarita an update to the Start -Up Transition Roll -Out Plan for approval. The plan will include an updated 3607 detailed timeline with activities and estimated dates including but not limited to: 3608 3609 . Vehicles 3610 . Order specifications 3611 Confirmation of delivery dates 3612 . Containers 3613 . Order specifications 3614 Confirmation of delivery dates 3615 Staging and assembly location 3616 . Customer container size selection 3617 Distribution plan 3618 Including collection of existing containers 3619 . Employees 3620 . Hiring progress 3621 . Training 3622 Public Outreach and Education 3623 3624 A Burrtec transition provides customers with an experience that is reliable, orderly, seamless, and 3625 without service interruptions conducted thoroughly and professionally by Burrtec staff. The transition 3626 services may include the following as appropriate: 3627 3628 Collect solid waste from outgoing contractor's containers 3629 Allow the outgoing contractor to collect from Burrtec containers 3630 Allowthe future contractor to collect from Burrtec containers during the transition 3631 Service, remove and store outgoing contractor's containers after the transition 3632 Continue customer's services, container quantity and sizes, and applicable discounts from 3633 outgoing contractor's customer service list, including not providing containers to addresses not 3634 utilizing outgoing contractor's services 3635 3636 1. Prior to the Start of Collection Services 3637 3638 Beginning with the contract award, Burrtec will begin the implementation phase. Activities will 3639 include strategic planning of staff organization, equipment and containers, developing routes and 3640 schedules, and implementing education and program information plans. The primary focus is to 3641 prepare customers for their new collection services and programs. 3642 3643 An excellent example of Burrtec's commitment to a smooth transition and the epitome of "We'll 3644 Take Care Of k" is evident in Los Angeles County franchise area transitions. In these transitions, 3645 some new residents had difficulty starting curbside services for the period preceding the new 3646 franchise program effective date. In the spirit of Burrtec's dedication to customer service, curbside 3647 collection services were started prior to the franchise effective date at no charge to the customer. 3648 FINAL AGREEMENT Page 117 of 192 Our approach is divided into the following scheduled phases. b-. 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. s 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. d- 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 lt." 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. FINAL AGREEMENT Page 118 of 192 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 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 newcontract. 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/t"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. FINAL AGREEMENT Page 119 of 192 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 OfIF 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 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. FINAL AGREEMENT Page 120 of 192 3817 3818 3019 3820 3821 3822 3823 3824 3825 3826 3827 3828 3829 3830 3831 3832 3833 3834 3835 3836 3837 3838 3839 3840 3841 3842 3843 3844 3845 3846 3847 3848 3849 3850 3851 3852 3853 3854 Burrtec Web Site Burrtec's website at vA w:bBurrtec.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. 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 I ActivityStart Date End Date 1 PRE -CONTRACTING PHASE a City identifies recommended proposer. 05/31/22 b Order Collection Vehicles 8/01/22 08/31/22 (2) CONTRACTING PHASE (a) Contract Award/Execute Agreement 07/01/22 b Insurance 08/01/22 c Performance Security 08/01/22 d Execute Agreement 09/01/22 (e) Contracting Fee 10/01/22 (3) TRANSITION PHASE (a) Transition Activities: i Transition Planning 09/01/22 06/30/23 ii Transition Team Meetings(Weekly) 08/01/22 06/01/23 iii After Action Meeting 08/01/23 FINAL AGREEMENT Page 121 of 192 3855 3856 3857 3858 3859 3860 3861 3862 3863 3864 Phase / Activity Start Date End Date b Employment Activities: i Invitation to Apply O5/01/23 ii Recruitment / Family Fair 05/15/23 06/01/23 iii Employment Start Date 07/02/23 c Equipment Activities: (i) Collection Vehicles 01/01/23 05/15/23 ii Residential Cart Production 04/01/23 06/01/23 (iii) Commercial Bin Procurement 04/01/23 06/01/23 iv Residential Cart Distribution / Removal 06/01/23 06/30/23 (v) Commercial Bin Distribution / Removal 06/01/23 06/30/23 d Customer Activities: (i) CSR at City Hall As Needed As Needed (ii) Customer Service Training 06/01/23 06/30/23 iii Residential Account Information Customer Update & Audit 03/01/23 06/01/23 Initial Billing & Reporting 07/01/23 07/01/23 iv Commercial Account Information Verification & Sustainability Programs 04/01/23 06/01/23 Customer Upload & Audit 04/01/23 06/01/23 Initial Billing 07/01/23 07/01/23 v Routing 04/01/23 06/15/23 vi City Facilities 06/01/23 06/30/23 Initial Billing & Reporting 07/01/23 07/01/23 Initial Billing 07/02/23 07/02/23 e Education, Outreach & Diversion Activities i Residential Service Brochure 01/01/23 03/31/23 ii Print & Social Media 04/01/23 04/30/23 iii Update Burrtec Website 04/01/23 06/01/23 iv Community Meeting 06/01/23 06/20/23 (v) Local Organizations Presentation 05/01/23 06/30/23 vi Neighborhood Associations 06/01/23 06/30/23 (vii) Residential Services Selection 06/01/23 06/30/23 Food Recovery Assistance 4 SERVICE START 07/01/23 07/01/23 a Route Adjustments 07/01/23 08/01/23 b Compliance Review 07/01/23 09/01/23 c Identify Tier One & Tier Two Customers 07/01/23 09/01/23 d Assist Tier One & Recovery Inspections 07/01/23 01/01/24 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 FINAL AGREEMENT Page 122 of 192 3865 3866 3867 3868 3869 3870 3871 3872 3873 3874 3875 3876 3877 3878 3879 3880 3881 3882 3883 3884 3885 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. 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 11/0 12/31/22 Im acted) 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 Q) 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 Most Impacted customers include High Volume Generators and Low Volume Generators not required to participate in MCR/MORe programs. Minimally Impacted customers include compliant FINAL AGREEMENT Page 123 of 192 3886 MCR/MORe customers with minimum levels of service. Exempt customers include all customers 3887 having received an MCR/MORe exemption. 3888 3889 Determine Waivers: Burrtec will review current MCR/MORe exempt customers and evaluate Low 3890 Volume Commercial Service Recipients to determine waiver eligibility. Burrtec will work with the 3891 City to develop an SIB 1383 waiver process and categorize customers accordingly. The City will be 3892 required to approve all waivers prior to issue. 3893 3894 Conduct Waste Assessment/Route Review: Burrtec will collaborate with City Staff to develop a 3895 "best approach" customer awareness and education campaign for programs starting July 2023. 3896 Most Impacted customers may receive a site visit from Burrtec Sales and Recycling Coordinators 3897 (SRCs). SRCs will visit the customers' location, conduct a waste assessment, determine if 3898 prohibited contaminants are present in containers, and provide a mockup service program best 3899 suited for the customer's respective disposal needs. Updated bin/cart color information and the 3900 new corresponding service rates will be included in the site visit. The goal will be to give Most 3901 Impacted Commercial Service Recipients at least six months to either modify their current 3902 operations or budget for the new program impacts. Compliance Review and site visit data will be 3903 used to adjust model assumptions and optimize existing and potentially new routes. 3904 3905 Minimally Impacted Customers: Burrtec will focus on the Minimally Impacted Customer group 3906 through site visits and/or educational materials with a goal of giving these Customers at least 90 3907 days to prepare and educate their employees before implementation. 3908 3909 Commercial Equipment: Burrtec's container maintenance facility is centrally located in the City of 3910 Santa Clarita at Burrtec's Santa Clarita Hauling Division. Burrtec will complete bin repairs, bin 3911 washing, SIB 1383 paint and labeling requirements, and maintain an adequate container inventory 3912 at this facility. Commercial serviced customers, including multi -family, mixed -use, and City facilities, 3913 will have an opportunity to change or modify their collections subscriptions. Necessary container 3914 changes will be completed at any time and as requested by the customer. Program and service 3915 option information will assist customers in selecting containers and providing awareness for those 3916 programs that are best suited for their needs. Burrtec's SRCs will facilitate the solid waste needs 3917 assessment to maximize diversion and reduce solid waste disposal costs. 3918 Commercial Education & Outreach 3919 Burrtec will communicate with existing commercial customers in person, through mailers, using 3920 social media platforms, print media advertisements, and public meetings. Print media and materials 3921 are ideally generated and distributed using recycled paper content manufactured at local 3922 businesses. 3923 3924 Additional advertising in local newspapers and on social media platforms encourages public 3925 meeting participation educating customers on essential topics such as sustainability and organics FINAL AGREEMENT Page 124 of 192 3926 recycling requirements. Santa Clarita commercial customers may already be familiar with Burrtec's 3927 existing social media presence in the Santa Clarita Valley. 3928 3929 Facebook: https://www.facebook.com/burrtecscv 3930 Instagram: https://www.instagram.com/burrtecscv 3931 � In addition, Burrtec utilizes KHTS to disseminate pertinent information. Burrtec will also utilize the 3932 ' 01 following local resources for commercial outreach activities: 3933 3934 The SCV Signal and SCVTV 3935 The Santa Clarita Valley Business Journal 3936 Santa Clarita Valley Chamber of Commerce (SCV Chamber) 3937 The Valley Industrial Association (VIA) 3938 Rotary Club of Santa Clarita (SCV Rotary), Business Groups 3939 SCV Economic Development Center Outlets such as podcasts and print 3940 3941 Full -color, multilingual service brochures will be distributed to existing commercial customers to 3942 familiarize them with service protocols, diversion requirements, and service options. Burrtec 3943 representatives will conduct meetings and speak with local businesses as part of the transition 3944 team's public outreach effort. 3945 tMe, IV 3947 FINAL AGREEMENT Page 125 of 192 3948 Exhibit 6 3949 Administrative Charges and Penalties Amount :f AInt CCm n..ter, Item ire 39 Bays mays a. Failure to respond to each complaint within three (3) Work $100 per incident per Service Recipient. Days of receipt of complaint. b. Failure to maintain call center hours as required by this $100 per day. 0 Agreement. c. Failure to submit to City all reports by the deadlines $100 per day. -9- required under the provisions of this Agreement. d. Failure to include all parts of quarterly and annual reports specified in Sections 22.02 and 22.03 in the submitted $100 per day. -0- report e. Failure to submit to City all payments by the deadlines 1 % of the total amount due if fees are 1 required under the provisions of this Agreement. — 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 -9- compliant. g. Failure for Collection Container to be compliant with SIB $50.00/each Collection 1383 labeling requirements. Container not 0 compliant. h. Failure to display Contractor's name and customer $100 per incident per service phone number on Collection Vehicles. day. i. Failure to Collect a missed collection Container by close $1,000 per Calendar of the next Work Day upon notice to Contractor, that year, plus $10 per exceeds twenty (20) in any Calendar Year. incident per day. j. Failure to repair or replace damaged Containers within $1,000 per Calendar year, plus $10 per the time FequiFed by this °gFeern^^' 5 working days, that incident per day. exceeds twenty (20) in any Calendar year. k. Failure to maintain collection hours as required by this $400 250 per day. 8 Agreement. I. Failure to have Contractor personnel in Contractor- $25 per day per provided uniforms. employee. FINAL AGREEMENT Page 126 of 192 Item Amount if Alps CmmFpd ire 39 Bays IF cmmFpd :R 20 Qars m Failure of Contractor to follow Recyclable Materials and 2m-brnitfnF Organic Waste Contamination and Overage procedures apprevalte as set forth under Section 5.07 and 5.13. Cityd $100/day for failure to M implement correction 9 plan. plaR ate Flays- n. Vehicle fluid leak incidents from Contractor Collection Vehicles in excess of th;ee434one 11 duFiag a Galeadar $5000 per incident in $5000 peF ..m. yearper quarter and. Spi is in excess of excess of threeone (31) ent � approximately 5 gallons as determined by City staff -or MOM than one bag of abSOFbent per Quarter thFee (3) o. Failure of Contractor to provide proof of performance Agreement bond as required by this Agreement Default/$500 per day WO peF day p. Failure of Contractor to provide proof of insurance as Agreement $500 day required by this Agreement Default/$500 per day peF q. Failure to provide City with documentation verifying iEfer Diversion, as outlined in Section 8.01.1, was achieved. approval to Sity-and $10,000/Quarter ..I.. n4 serrestiea within 20 r. Failure to Collect holiday trees on Collection Days. $25 per day. -0- s. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day -9 t. Failure to initially respond to a Service Recipient $50.00 per failure to complaint 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. FINAL AGREEMENT Page 127 of 192 3950 3951 FINAL AGREEMENT Page 128 of 192 3952 Exhibit 7 3953 Customer Service Plan 3954 For Burrtec, customer service activities are just as important as excellent route performance. We 3955 maintain a local office in Santa Clarita staffed with local employees who understand the unique 3956 characteristics of the cities they serve. Customer service is the cornerstone on which Burrtec 3957 Waste Industries, Inc. was built. This philosophy is reflected in all areas of our business and is the 3958 key objective in developing our service 3959 policies and procedures. Every Burrtec 3960 employee's mission is "We'll Take Care Of 3961 lt." 3962 3963 Knowledgeable Customer Service nLIA 3964 Staff 3965 3966 Burrtec's Customer Service !Ir - 3967 centerpiece is our caring staff 3968 supported by a technology network 3969 designed to provide instant access to information. Excellent customer service is Burrtec's 3970 Number One objective, and this philosophy is reflected in every facet of its personnel training 3971 and procedures. As our ambassadors to the community, all Customer Service Representatives 3972 ("CSRs") receive in-house training, including a thorough explanation of Customer Service 3973 Policies. Procedures clearly outline the steps needed to resolve customer service issues. 3974 Burrtec CSRs are trained to operate and understand the computer systems and customer 3975 database before responding to customer calls. Burrtec has over the past 20 years provided 3976 the City of Santa Clarita with well -trained, knowledgeable CSRs who are fully aware of the 3977 Company's procedures and contractual requirements. Representatives participate in periodic 3978 and annual training sessions. 3979 3980 One Call Goal 3981 3982 Burrtec aims to answer every customer question and resolve every customer issue with just 3983 one call. CSRs are empowered to provide the customer with "one call" resolution to accomplish 3984 this goal. Remarks are entered for each account upon contact with appropriately detailed 3985 comments regarding the nature of the customer contact and the resolution. Inquiries and 3986 resolutions are categorized by type and are reported and reviewed by Burrtec management to 3987 identify trends and root causes, enabling quick corrective actions as warranted. Callbacks are 3988 completed each morning with customers who had left a message during off business hours the 3989 previous day or weekend. Customer Service Representatives can create work orders at the 3990 time of the call, provide customers with a work status update, and will reconcile and close 3991 completed work orders at the end of each business day, ensuring an accurate record is 3992 maintained in the system. 3993 3994 Customer Service Call Center 3995 3996 The City of Santa Clarita customers will continue to be directed to Burrtec's local customer 3997 service call center at 26000 Springbrook Avenue, Unit 101, 661-222-2249, servicing the 3998 contract area. Call centers are staffed with trained and experienced "CSRs" with multilingual 3999 capabilities Monday through Friday 8 AM — 5 PM. All call centers at each of the Burrtec Division 4000 offices can support or relieve capacity as needed. Additional customer service representatives 4001 will be available for transition beginning one to two weeks prior to the rollout of new services. 4002 1. Service Recipient Billing 4003 FINAL AGREEMENT Page 129 of 192 4004 A computerized accounts receivable system generates customer billings for uniform service 4005 fees, surcharges, and discounts. Burrtec's Billing Management Department manages and 4006 maintains this system in Fontana, CA. Daily Customer Service Representatives receive 4007 process service requests and create and close work orders, effectively reconciling the 4008 customer's account information in real-time. The Santa Clarita Customer Service Manager will 4009 submit a billing request to the Billing Department. The Billing Department reviews, verifies and 4010 processes the billing files. The file is then uploaded to an invoice fulfillment center to process 4011 and prepare the mailing. The invoice processing time from the request for billing to the actual 4012 mailing of the invoice is approximately forty-eight (48) hours. 4013 4014 a. Invoice Content 4015 4016 Burrtec provides current and up-to-date information on the invoice. The invoice 4017 includes Burrtec's contact information, including email, itemized costs by services, and 4018 messages promoting paperless invoicing and electronic payments. Each invoice will 4019 include payment directions and if a single-family dwelling invoice is pre -paid annually 4020 a one -month discount. 4021 4022 b. Frequency 4023 4024 All residential customers will receive an advanced quarterly billing for the upcoming 4025 service period. Remaining customers will be invoiced monthly. Invoices are sent on or 4026 before the first day of each billing period. 4027 4028 c. Electronic Invoicing 4029 4030 Burrtec customers have the opportunity to reduce paper waste and receive electronic 4031 invoices at no additional charge. Customers participating in the electronic invoicing 4032 program continue to receive newsletters and other important program information. 4033 Participants have the opportunity to receive correspondence by mail upon request. 4034 4035 d. Inserts & Statement Messages 4036 4037 The invoices will include a statement message with important reminders or inserts such 4038 as an application for automatic bank account payment deductions, a holiday schedule, 4039 a customized newsletter, or other information requested by the City. 4040 4041 e. Late Payment 4042 4043 1) Residential, Multi -Family. Commercial, and Mixed Use 4044 4045 All residential, multifamily, commercial, and mixed use invoices are due and 4046 payable by end of billing period. Burrtec will mail a reminder letter to any customer 4047 that has not paid their bill within 30 days. The letter will indicate payment was not 4048 received and warn that late fees may be applied beginning the first day of the 4049 following month after the initial invoice was mailed. If an account remains unpaid 4050 after 90 days from the due date, the city will be notified, and customer reminder 4051 letters sent indicating the delinquency. A second letter will advise customers that 4052 the account remains unpaid, contain the balance due, including late fees, warn 4053 that delinquent balances will be sent to a collection agency, and service will be 4054 disrupted unless the account is paid in full. Returned check fees may be charged 4055 to the customer's account. 4056 FINAL AGREEMENT Page 130 of 192 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 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 (ACID) 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. 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 FINAL AGREEMENT Page 131 of 192 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 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 Courtesy Pick -Up Miss Damage Claim Exchange Deliver 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 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 FINAL AGREEMENT Page 132 of 192 4167 4168 4169 4170 4171 4172 4173 4 74 4 75 4 76 4 77 4 78 4179 4180 4181 4182 4183 4184 4 85 4 86 4187 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198 4199 4200 4201 4202 4203 4204 4205 4206 Santa Clarita specific programs, proper set out, educational materials, newsletters and program descriptions. 3. Staffing Levels Burrtec's, Cityof Santa Clarita located call center will maintain a s"K�'^^t staff of welve 12 Formatted: Font color: Auto, Not Strikethrou h ................................ 9 customer service representatives. If the Contractor is able to demonstrate through customer C'` Formatted: Font color: Auto 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. Based on the estimated o ,stem., oeunt of 51 Inn staffing levels equate to aseFYiee Fate of 4,258 o u.-4..... eFS sewmeed by a eh BUFFteG . ntatiye 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. Sgeald-wait times become excessive, COW mav require the Contractor to hire more representative 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 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. FINAL AGREEMENT Page 133 of 192 4207 b. Refunds 4208 4209 Burrtec's automated process ensures customers receive timely refunds of overcharges on 4210 advanced payments after canceling services. Refund requests are processed within 30 4211 days from the date of cancellation. FINAL AGREEMENT Page 134 of 192 4212 4213 4214 4215 4216 4217 4218 4219 4220 4221 4222 4223 4232 4233 4234 4235 4236 4237 4238 4239 4240 4241 4242 4243 4244 4245 4246 4247 4248 4249 4250 4251 4252 4253 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: 4224 Quantity Type Model Year Usefu 1 Automated Autocar Electric 2023 151996 26 Automated Autocar 2023 154227 16 Frontloader Autocar 2023 154228 1 Scout Truck Freightliner 2023 1 1 Bin/Barrel Flatbed Freightliner 2023 1 423i 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. 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. FINAL AGREEMENT Page 135 of 192 4254 4255 4256 4257 4258 4259 4260 4261 4262 4263 4264 4265 4266 4267 4268 4269 4270 4271 4272 4273 4274 4275 4276 4277 4278 4279 4280 4281 4282 4283 4284 4285 4286 4287 4288 4289 4290 4291 4292 4293 4294 4295 4296 4297 4298 4299 4300 4301 4302 4303 4304 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 a clearance, and helps prevent spillage 43 behind the compactor systems."` 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 !t' safely secured and withstand travel over steep or rough terrain. Every vehicle comes equipped with a, a® o a^o 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 d3 3 54,900 10 Ton One Side Loader EV 36 d3 3 54,900 10 Ton One Front Loader CNG 40 d3 3 54,900 10 Ton One FINAL AGREEMENT Page 136 of 192 4305 4306 4307 4308 4309 4310 4311 4312 4313 4314 4315 4316 4317 4318 4319 4320 4321 4322 4323 4324 4325 4326 4327 4328 4329 4330 4331 4332 Fuel # of # of Collection Size GVWR Capacity Type Axles Compartments Scout Truck CNG 1-3 Bins 2 26,000 5 Ton Zero Flat Bed CNG 60 d3 1 2 26,000 5 Ton One 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 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.gov/organics/slcp/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%) FINAL AGREEMENT Page 137 of 192 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 • 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) Lvtx Safety System The Lytx system is deployed on all Burrtec collection vehicles utilizing a combination of cameras, GPS, G-force measurement, and artificial intelligence (AI) 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. FINAL AGREEMENT Page 138 of 192 4388 4389 4390 4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 4404 4405 4406 4407 4408 4409 4410 4411 4412 4413 4414 4415 4416 4417 4418 4419 4420 4421 4422 (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 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. FINAL AGREEMENT Page 139 of 192 4423 4424 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 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 CaIOSHA re uired industry -specific safety training CNG Tank Inspector College -level certification course authorizing employees to inspect CNG tanks Air Conditioning (US EPA 609 Cent) 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 COS 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 fuels stems CNG/LNG Hose & tubing Understand how to build and maintain fuel lines Stop the Drop Hydraulic hose routing & spill prevention AS Arm Hydraulics Proper arm maintenance Battery, alternator & starter Charging system maintenance Suspension systems Understand how to service and maintain suspension systems Steering systems Understand how to service and maintain steering systems Cooling system maintenance Understand how to service and maintain cooling systems FINAL AGREEMENT Page 140 of 192 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. 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 FINAL AGREEMENT Page 141 of 192 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 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 FINAL AGREEMENT Page 142 of 192 4547 equipment is available should repairs require the vehicle to be returned to the hauling yard 4548 or be placed out of service for an extended period. Burrtec's onsite approach allows 4549 technicians to respond within one hour of the breakdown, minimizes driver downtime, and 4550 reduces potential service delays. 4551 4552 2. Containers 4553 4554 Burrtec has secured an allotment of time in the manufacturing schedule for container production 4555 from its vendors to fulfill the contract award requirements. Consistent with SIB 1383 regulations and 4556 contractual requirements, containers will be colored and labeled with the required languages and 4557 signage explicitly designed to facilitate diversion goals and convey general safety information. 4558 4559 a. Past Experience 4560 4561 Burrtec has long-standing relationships with two primary container manufacturers. For more 4562 than two decades, the Rehrig Pacific Company has manufactured Burrtec automated carts. 4563 Consolidated Fabricators, now Wastequip, has continued to supply Burrtec with commercial 4564 bins and roll -off boxes for nearly three decades. Burrtec's long-standing and successful 4565 partnership with these companies has provided a platform for Burrtec management team 4566 members to provide input in the design, operational efficiency, and supply chain management. 4567 4568 1) Rehrig Pacific 4569 4570 The Rehrig Pacific Company was first established in 1913. For over 100 years, Rehrig 4571 Pacific has believed the key to success lies in making products that give customers real 4572 advantage. Today, Rehrig Pacific is in its second century of business, carrying on under 4573 the leadership of the founder's great-grandson. The Rehrig Pacific Company continues to 4574 build upon its expertise in manufacturing and extensive knowledge of customers' 4575 operations to create new solutions for customers. 4576 4577 2) Consolidated Fabricators 4578 4579 Since 1974, Consolidated Fabricators has committed to delivering a line of solid and 4580 innovative products focused on performance, product development, fabrication, and 4581 delivery. Consolidated Fabricators has become a reliable business partner within the 4582 industry, and in 2020, Wastequip, the leading North American manufacturer of waste 4583 handling equipment, added Confab to its portfolio of brands. This acquisition allows Confab 4584 additional operating efficiencies to serve its customer base better. 4585 4586 b. Sufficiency of Capacity 4587 4588 Customers will be able to choose a variety of services offered by Burrtec's preferred source- 4589 separated container collection system when considering their material stream volumes and 4590 individual need for flexibility. Cart and bin serviced sectors, including multi -family complexes, 4591 will be included in the source -separated system. Customers will be able to source separate 4592 recyclables, organics, refuse, and food waste. This service combination is designed to 4593 maximize diversion while minimizing the contamination of customized services amongst 4594 customers. The variety of services offered will enable service recipients to receive clean, 4595 efficient, and cost effective collection services. Available container dimensions are shown 4596 below. Additional recycling and organic waste containers are always available to customers 4597 upon request. 4598 FINAL AGREEMENT Page 143 of 192 4599 4600 4601 4602 4603 4604 4605 4606 4607 4608 4609 4610 4611 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627 4628 4629 4630 4631 4632 4633 4634 4635 4636 4637 4638 4639 4640 4641 4642 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" 1Y Cubic Yard Bin 36" 72" 30" 2 Cubic Yard Bin 1 44" 1 72" 35" 3 Cubic Yard Bin 53" 72" 42" 4 Cubic Yard Bin 58" 72" 51" 6 Cubic Yard Bin 71" 1 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 0BURRTEC realized when the driver uses minimal "W"ilTA. .eofu movements to position containers for DE516—IDE°NE5 servicing. Appropriately sized enclosures, wa containers, and service frequency assist in owA.RE«E�a�. o ax.�nx¢s enaasuxes 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 r enclosures and providing an adequate number { and size of containers reduce overfilled occurrences, accumulation of materials next to 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." Enclosures must be designed to comply with applicable building requirements, including 14 CCR Section 18989.1 CalGreen Building Codes as outlined in SIB 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 SIB 1383 regulations when conducting waste audits and assessments or processing waiver applications. FINAL AGREEMENT Page 144 of 192 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 SIB 1383 requirements as listed below. • Upon customer request • Collected and review waiver applications • Determining initial qualifications • Record keeping and retention 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 SIB 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 FINAL AGREEMENT Page 145 of 192 4698 Resist degradation by ultraviolet radiation, airborne gases, or particulate matter 4699 currently present in the ambient air 4700 4701 Each container will be provided with a lid that continuously overlaps and comes in contact 4702 with the container body or otherwise causes an interface with the container body that 4703 simultaneously: 4704 4705 Prevents the intrusion of rainwater, rodents, birds, and flies 4706 Prevents the emission of odors 4707 Enables the free and complete flow of material from the container during the dump 4708 cycle without interference with the material already deposited in the truck body or 4709 the truck body itself and its lifting mechanism 4710 It permits users of the container to conveniently and quickly open and shut the lid 4711 throughout the serviceable life of the container 4712 4713 Cart lid designs prevent an empty container from tilting backward when flipping the lid 4714 open. The lid will be hinged to the cart body in such a manner to enable the lid to be fully 4715 opened, free of tension, to a position whereby it will rest against the backside of the 4716 container body and remains closed in winds up to 25 miles per hour from any direction. 4717 4718 2) Automated Carts 4719 4720 The cart's body, made from up to 40% recycled material content and identified by a unique 4721 serial number will include the company name or brand in a contrasting color. The cart lids 4722 will include text and graphics listing each respective cart's acceptable and non -acceptable 4723 items. General cart use information such as hazardous waste reminders is also included. 4724 Informational graphics will reinforce the cart's intended use and serve as a convenient 4725 reminder to customers. Below are the SB 1383 in -mold labels for trash, recycling, and 4726 organic waste cart lids used in other service areas. 4727 BLACK BROWN GREEN BLUE TRASH FOOD ORGANICS RECYCLING FINAL AGREEMENT Page 146 of 192 4728 4729 4730 4731 4732 4733 4734 4735 4736 4737 4738 4739 4740 4741 4742 4743 4744 4745 4746 RECYCLING ONLY SOLO RECICLABLES c •ACCEPTABLE ITEMS F•eART(CUjL�OOSSyxACEPTABLES •c• y A ea�L1 anw ARo ® ®CcaTAe`C J s . ART® ®s ORGANICS ONLY SOLO ORGANICOS ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES [m. .RTICULI oA FOOD WASTE ONLY SOLO DESECHOS DE COMIDA ACCEPTABLE ITEMS ARTICULOS ACEPTABLES 3) Commercial Bins GREEN WASTE ONLY DESECHOS VERDES SOLAMENTE ACCEPTABLE ITEMS• ARTICULOS ACEPTABLES Im ®c .RTAR.. AxT® xo 11e®, .......... A-- ..­...1........... re TRASH ONLY BASURA SOLAMENTE 0-t- �.. H.� ACCEPTABLE ITEMS • ARTICULOS ACEPTABLES a r a 441 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. 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 FINAL AGREEMENT Page 147 of 192 4747 4748 4749 4750 4751 4752 4753 4754 4755 4756 4757 4763 4764 4765 4766 4767 4768 4769 4770 4771 4772 4773 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 FINAL AGREEMENT Page 148 of 192 4774 e. Container Maintenance Program 4775 4776 Burrtec's container maintenance facility is centrally located in the City of Santa Clarita at 4777 Burrtec's Santa Clarita Hauling Division. Utilizing a local hauling facility allows Burrtec, in many 4778 cases, to complete bin repairs, bin washing, and paint requirements sooner than the contract 4779 requires. Burrtec will maintain an adequate container inventory and parts in sufficient quantities 4780 to deliver or replace containers within five service days of the request. The City will be informed 4781 of inadequate inventory concerns or manufacturer delays. 4782 4783 Burrtec will replace or repair containers observed to be damaged or at the request of the City, 4784 customer, or occupant. Fees may be charged for missing or damaged containers due to the 4785 customer or occupant's negligence. Minor damages that do not impede the ability to collect 4786 materials nor pose a safety concern are generally repaired or replaced on the customer's next 4787 service day. Containers damaged from extraordinary circumstances or requests for repair or 4788 replacement from the City, customer, or occupant will be completed as agreed upon at the time 4789 of notification but no later than as required by the franchise agreement. In all cases, Burrtec 4790 will ensure the customer's safety, and the functionality of containers remains the priority. 4791 4792 3. Route Operations 4793 4794 a) Advantages to Collection Vehicles Chosen 4795 4796 Vehicles are operated in compliance with the California Vehicle Code, applicable safety 4797 standards, and local ordinances. The Burrtec fleet benefits from three specific advantages: 4798 4799 Use of alternative renewable fuels. Burrtec's use of alternative fuels minimizes pollution, 4800 reduces fuel costs, and capitalizes on renewable natural gas produced at dairy farms 4801 and landfills. Renewable natural gas procurement further reduces the demand for natural 4802 resources. 4803 State of the art technology. Many Burrtec vehicles bodies are specifically designed for 4804 longevity and to collect the maximum payload possible using advanced materials such 4805 as Hardox® wear and abrasion -resistant steel. Coupled with the Lytx Safety System 4806 and GPS technology, the number of vehicles and routes required for service is 4807 significantly reduced, eliminating unnecessary wear and tear on City streets. Additional 4808 technological vehicle advances offered to the City of Santa Clarita are highlighted in the 4809 Innovative "Green Approach" section under Environmental Stewardship. 4810 Conscientious of neighborhoods and families. Burrtec's equipment complies with US 4811 EPA noise emission regulations, currently codified in 40 CFR Part 205 and other 4812 applicable noise control regulations. Such noise control features are incorporated 4813 throughout collection vehicles. Noise levels of equipment utilized for collection activities 4814 comply with respective ordinances. They do not exceed 75 dcb when measured at a 4815 distance of 25 feet from the vehicle, five feet from the ground. 4816 FINAL AGREEMENT Page 149 of 192 4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828 4829 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845 4846 4847 4848 4849 4850 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 # of # of Vehicle Total On Total # of Route Operations # of # of # of Route Route Containers Containers Passes Crew Trucks Routes Hours Hours Collected Collected / per Hour Customer per week Residential Trash 1 11 11 118 107 52,825 90 1 Residential 1 86 78 Recycling 8 8 47,181 110 1 Residential 1 8 8 86 78 Organics 54,498 127 1 Commercial Trash 1 1 8 g 1 88 80 1 6,639 14 U to 6 Commercial 1 5 5 55 50 4,764 16 Upto6 Recycling Commercial 1 22 20 Organics 2 2 2,132 18 Up to 6 Bulky Collection 1 1 1 10 9 Varies Varies Varies Barrel / Bin 1 10 9 Deliver 1 1 Varies Varies Varies Scout Bin Route 1 1 1 4 3.5 Varies Varies Varies d) Operational Communications 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. FINAL AGREEMENT Page 150 of 192 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 orfood 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. 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. 0Unn7Ec "We'll Take Care Of It" TRASH OR OTHER CONTAMMATIOIJ FOUIID PLEASE CONTACT CUSTOMER SERVICE 1-888-BURRTEC f) Annual Service Level and Billing 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 FINAL AGREEMENT Page 151 of 192 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 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. 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 iPad 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. FINAL AGREEMENT Page 152 of 192 4963 4964 4965 4966 4967 4968 4969 4970 4971 4972 4973 4974 4975 4976 4977 4978 4979 4980 4981 4982 4983 4984 4985 4986 4987 4988 4989 4990 4991 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 Hauling Operations 26000 Springbrook Ave 2.7 miles Santa Clarita, CA 91350 Corporate Offices 9890 Cherry Ave Fontana, 76.5 miles CA 92335 Burrtec proposes delivering solid waste, commingled recyclables, and organics to the facilities listed below. Commodity Disposal Facility Facility Owner Location Distance to City Center Solid Waste/ Chiquita Landfill Waste Connections 29201 Henry Mayo 9.2.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 FINAL AGREEMENT Page 153 of 192 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 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 SIB 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 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 FINAL AGREEMENT Page 154 of 192 5048 materials, organic waste, and compostable fibers from the commercial solid waste 5049 collection routes. The resulting 210 TPD of slurry may be used for anaerobic 5050 digestion operations, and may eventually be processed into on -site animal food 5051 production and fertilizer. 5052 5053 Agromin Rancho Cristobal Compost Facility is expected to be permitted before 5054 July 1, 2023 and will also have available capacity for Santa Clarita green waste 5055 tons. This site will receive 200 tons per day of green waste for composting in the 5056 hills of Ventura County to produce compost for mine reclamation projects and for 5057 regenerative carbon farming by sequestering compost in the rangelands. Agromin 5058 is concurrently developing partnerships to implement carbon farming on 5059 rangeland, which can be considered for voluntary carbon offset credits. 5060 5061 2) Recyclable Material Processing 5062 5063 Rent -a -Bin cannot offer processing fees or diversion rates until permitting and 5064 construction nears completion. Burrtec has a currently working relationship with Rent-a- 5065 Bin and has frequent and regular communications regarding the current and future facility. 5066 5067 Rent -a -Bin currently accepts single -stream materials generated in the Santa Clarita Valley 5068 for transferring to off -site processors. Burrtec transfers collected materials to its Burbank 5069 Recycle Center (SWIS 19-AA-1149) located at 500 S Flower Street, Burbank, CA 91502. 5070 Until Rent -a -Bin secures permits and constructs a facility, Burrtec will continue to utilize 5071 Rent -a -Bin to transfer its recycling materials to the Burbank recycling facility. 5072 5073 d) How Recyclable Materials Will Be Marketed and Sold, Contingencies 5074 5075 Recyclable Material 5076 5077 Currently, commodity markets are relatively stable. Plastic markets now have more options 5078 to ship to domestic mills. Markets have adjusted to the elimination of China as a significant 5079 consumer of recycled materials. Quality standards remain high and challenge Material 5080 Recovery Facilities, given the contamination levels in most recyclable streams. Shipping 5081 to overseas markets can be complicated with existing trade imbalances, resulting in a lack 5082 of space on outbound ships. Recyclable materials are currently averaging an estimated 5083 $41.33 per ton in gross revenue before processing and residue charges. Burrtec continues 5084 to expand its network of international and domestic outlets and brokerage firms to increase 5085 the marketability of materials collected and diversion potential. 5086 5087 In each case markets fluctuated, Burrtec has been able to address the situation through a 5088 combination of strategies including, but not limited to, sourcing out new markets, improving 5089 processing output quality, and stockpiling material until conditions improve. Burrtec will 5090 continue to use these same strategies in the future and is capable of adding emergency 5091 storage capacity if necessary. 5092 5093 Organic Waste Material 5094 5095 Burrtec will coordinate and cooperate with the City of Santa Clarita to assist in meeting its 5096 recycled organic waste procurement targets as required by SIB 1383 regulations. The 5097 following programs should all be considered: 5098 5099 Community compost giveaway events 5100 City parks landscape, medians, and turf enhancements where recycled organic 5101 products are used to minimize water usage and improve soils 5102 Compost used in stormwater detention basins to promote vegetation growth FINAL AGREEMENT Page 155 of 192 5103 5104 5105 5106 5107 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 5121 5122 5123 5124 5125 5126 5127 5128 5129 5130 5131 5132 5133 5134 5135 5136 5137 • 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, conductfield training events, hold classroom training, participate in post -incident retraining, and review data collected by the onboard truck safety systems. 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 Tags Bloodborne Pathogens Code of Safe Practices Confined Spaces Emergency Action Plan Driver Ergonomics Driver Responsibilities Fall Protection Fire Prevention Awareness Hazard Communication Hearing Conservation Heat Illness Prevention Plan -HIPP - Provisions of Water -HIPP - Access to Shade -HIPP- Emergency Procedures -HIPP- Heat -Related Symptoms -HIPP- High Heat Procedures Industrial Lifts (Forklifts) Injury and Illness Prevention Program Lockout/ Blockout Program -LO/BO - General Training -LO/BO - Driver Training -LO/BO - Packer Cleaning Procedure Packer System Cleaning & Maintenance Policy Machinery & Equipment Safety Policy Compaction Equipment Personal Protective Equipment Respiratory Protection Awareness Vehicle Fuels & Fuel Safety Automated Collection Activities Commercial Collection Activities Safe Commercial Bin 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 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 FINAL AGREEMENT Page 156 of 192 5138 service encounters such as locked gates, equipment malfunctions, or late set -outs. It also 5139 effectively advises drivers when customers are ready for collection after mitigating a non- 5140 collection issue. 5141 5142 Additional employee trainings include: 5143 Drug & Alcohol Testing Policy Smoking Policy Employee Handbook Acknowledgement Meal Rest Period Policy Cell Phone Policy Paid Sick Leave Policy Employee Privacy & Employee Rights under FMLA Confidentiality Policy DMV Pull Notice Dress Code Policy Acknowledgment Unlawful Harassment & Discrimination Policy DFEH California Family Rights Act Attendance Policy Overweight Policy DFEH Pregnancy Leave 5144 5145 Burrtec continually works to update its safety program. Following are highlights of the 5146 programs, training, and recently improved systems. 5147 5148 1) Proprietary Backing Accident Prevention Program 5149 5150 The Backing Prevention Program was developed to help field trainers and supervisors 5151 teach and prevent backing accidents from occurring. This training was given to all 5152 management and drivers that operate company on -road equipment and included written 5153 performance tests. Burrtec experienced an immediate reduction in backing accidents. 5154 Today, all new drivers are taught this technique and must pass both tests before driving 5155 equipment on their own. 5156 5157 2) Supervisors Hands -On Prevention Training 5158 5159 Every quarter, the Burrtec management team receives regular safety training. Topics have 5160 included post -accident investigation techniques, interactive trainer training lessons, 5161 regulatory updates, and injury prevention subjects. New management team members also 5162 receive in-depth training in smaller class sizes. 5163 5164 3) Lvtx Safety System 5165 5166 In late 2019, Burrtec began the deployment of the Lytx Safety System throughout the entire 5167 fleet. With the help of cameras, g-force sensors, and real-time artificial intelligence 5168 software, management can instantly review safety -sensitive behavior and correct it. 5169 5170 Lytx safety systems help Burrtec ensure that the fleet operates at maximum efficiency, 5171 security, and safety while keeping risks to a minimum and avoiding false claims made 5172 against drivers. Lytx safety systems work by using telematics and vehicle tracking systems 5173 like GPS to record vehicle information sent to advanced software programs that analyze 5174 the stream of data. These software programs offer reports on location, speed, idling time, 5175 mileage, and driver alerts to help Managers discover trends and insights that point to 5176 opportunities for driver efficiency improvements. 5177 5178 The term "telematics" is a combination of two areas of technology; telecommunications and 5179 informatics. Burrtec's system is designed to send data over high-speed cellular 5180 connections. The data contains vehicle location, direction, speed, driver alerts, and 5181 recorded video. 5182 5183 The Lytx safety system has many components with specific best practice uses, such as: FINAL AGREEMENT Page 157 of 192 • Fleet tracking — Identify vehicle locations in real-time for safety -related issues that may arise • Safety protocol — Safety Managers and route supervisors will regularly reviewsafety 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. • 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 & 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 Fire Department as a recommended "Best Practice in the County." Burrtec's safety records and its programs for Fall Prot 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 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: FINAL AGREEMENT Page 158 of 192 • 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. greensantaclarita. 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. 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 FINAL AGREEMENT Page 159 of 192 5294 information between management and staff in a manner that is readily understandable and 5295 consists of the following items: 5296 5297 New hire orientation including a discussion of safety and health policies and 5298 procedures 5299 Annual review of our Injury and Illness Prevention Program 5300 Workplace safety and health training programs 5301 Driver Training Manual 5302 Code of Safe Work Practices 5303 Heat Illness Prevention Plan 5304 Regularly scheduled and as required safety meetings 5305 Specific training as required or when new hazards are identified 5306 Weekly tailgate meetings 5307 Monthly safety meetings 5308 Effective communication of safety and health concerns between workers and 5309 supervisors, including translation 5310 Safety quizzes when applicable 5311 Safety demonstrations when applicable 5312 Posted or distributed safety information and the use of appropriate signage 5313 Employee bulletin boards 5314 Electronic message boards 5315 Heat illness prevention cards 5316 Lock Out/Tag Out information cards 5317 A system for workers to inform management about workplace hazards 5318 Open communication during tailgates, meetings, and as needed with local 5319 management 5320 Direct contact to the Human Resources department outside of the chain of 5321 command 5322 During periodic site visits by Human Resources representatives 5323 Open door policy at all levels of management, including local, regional, and 5324 executive 5325 Safety suggestion box maintained at the facility 5326 • Anonymous reporting system 5327 Program administrators and management team members meet quarterly, review 5328 investigations of accidents and exposures, consider employee suggestions, and 5329 make suggestions to executive management to prevent future incidents. 5330 Company Safety Accident Frequency Review program 5331 5332 Management ensures that all employees communicate and understand all safety and 5333 operational policies and procedures. Managers and supervisors are expected to enforce 5334 the company policies fairly and uniformly. Burrtec ensures that effective communication by 5335 voice, observation, or electronic means is maintained so employees can contact a 5336 supervisor when necessary. Other communication systems have been implemented to 5337 ensure drivers can inform management about workplace hazards or concerns. 5338 5339 2) Training 5340 5341 Burrtec is firmly committed to maintaining a safe and healthy work environment. To achieve 5342 this goal, all newly hired employees have specific, required training that must be 5343 completed. Training is verified and approved after each training phase and before the 5344 employee is released to perform assigned job duties. Working with the Safety Team, 5345 Division Managers have sole responsibility to ensure training is completed and there is 5346 zero -tolerance for employees assigned work without the required training. 5347 FINAL AGREEMENT Page 160 of 192 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 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 Howto Drive Defensively ✓ Demonstrates Safe Backing Procedures ✓ Demonstrates Howto Lock Out the Vehicle Properly ✓ Demonstrates How to Clean the Packer per Procedure Properly ✓ Demonstrates How to Service Containers Safely ✓ Demonstrates Safe Disposal Site Practices ✓ Demonstrates How to Fuel the Vehicle Safely ✓ Successfully pass the Safe Work Practices skills test. FINAL AGREEMENT Page 161 of 192 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 Eguipment 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). 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. Hard Hat-i► Safety Glasses A Reflective Uniform Shirtor Reflective vest Work .Gloves Burrtec takes great pride in the safety and appearance - swabrw.�uNw. of its employees. The driver's appearance is the first s personal contact with customers, leaving a lasting impression. Therefore, the driver's appearance and Boots` presentation are critical in maintaining good customertoTeq 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. FINAL AGREEMENT Page 162 of 192 5460 5461 Each Division clearly defines all areas and tasks for which PPE is required. The type of 5462 PPE required is documented for each area and task associated with PPE use. PPE must 5463 be inspected prior to and as appropriate during each use for defects such as holes, tears, 5464 scratches, signs of material deterioration, cracks, poor closure, or any other sign of 5465 degradation which may affect PPE performance. PPE with defects is immediately removed 5466 from service, replaced, or repaired. Best Management Practices for each type of PPE 5467 utilized by employees is assessed and established by the Safety department. The following 5468 requirements apply to the various types of PPE listed below. 5469 5470 Hard hats are required when employees are outside of the vehicle at all transfer stations, 5471 disposal sites, and processing facilities, as well as construction sites. 5472 Hard hats are worn in areas where falling overhead objects, material, 5473 or electrical installations could present a hazard to employees' heads. 5474 Bump caps are not authorized substitutes for hard hats. 5475 5476 Protection against impact, particles, chemical splash, molten materials, 5477 or flash is provided to employees for face, neck, and eye safeguards. 5478 Contact lenses and regular prescription glasses are not considered 5479 protective, and appropriate eye protection must be worn as required. 5480 Eye protection is worn when employees are outside the vehicle at all' 5481 transfer stations, disposal sites, processing facilities, and entering any 5482 area designated for Eye Protection. 5483 5484 Hand protection must be worn when servicing containers or outside 5485 of the vehicle at all transfer stations, disposal sites, or processing 5486 facilities. A variety of gloves are available to protect the employee's 5487 hands from abrasion, temperature extremes, chemical hazards, 5488 physical hazards, particulates, electrical hazards, radiation, or 5489 bloodborne pathogens where necessary. Gloves are correctly 5490 examined prior to each use for their ability to protect the employee 5491 against a particular hazard. 5492 5493 Each uniform contains the company and employee name for 5494 identification. High visibility (reflective) clothing is provided to 5495 employees exposed to public or private vehicular traffic or heavy f 5496 equipment. The high visibility clothing is intended to provide 5497 5498 conspicuity of the wearer in any light condition when viewed by operators of vehicles or other mechanized equipment during 5499 daylight conditions and under illumination of headlights in the dark. 5500 When the company -issued high visibility uniform shirt is covered by 5501 a non -high visibility garment (i.e., a sweatshirt or jacket), a high 5502 visibility vest is required as the outer -most garment. High visibility 5503 clothing must be worn outside the vehicle at transfer stations, 5504 disposal sites, or processing facilities. Reflective vests are provided to Santa Clarita drivers 5505 as temperatures can vary 30 to 40 degrees in a single day. The reflective vests issued fit 5506 over employee jackets to ensure visibility. FINAL AGREEMENT Page 163 of 192 5507 5508 Foot protection with closed toes is worn in areas where objects could 5509 present a chemical or physical hazard to the foot. Any employee who 5510 spends time in areas (more than a "casual" walk-through) that require 5511 foot protection must wear safety shoes. Drivers and helpers must wear 5512 foot protection/safety shoes that have puncture -resistant soles and 5513 sturdy support for ankles. Maintenance staff must wear foot 5514 protection/safety shoes that meet the ANSI 75 Standards as approved i 5515 by Cal OSHA. Foot protection must have oil -resistant soles and steel I 5516 toe/tech toe. Foot protection must be worn outside the vehicle at 5517 transfer stations, disposal sites, or processing facilities. 5518 5519 During normal operations, drivers are most often exposed to noise 5520 levels below safety thresholds. Maintenance department noise 5521 exposure is considered intermittent and impulsive, which, in most 5522 cases, can be predetermined, allowing employees to take 5523 precautions prior to engaging in the action (e.g., when a shop 5524 employee engages a compressor, earplugs can be used prior to 5525 engagement). Earplugs are available and used during intermittent 5526 and impulsive noise exposures. 5527 5528 During the Santa Clarita summer it can be over 100 degrees for several 5529 consecutive days. Water is a crucial preventative measure to minimize 5530 the risk of heat -related illness. All employees working outdoors have 5531 access to potable drinking water. Suppose the supply of water to the 5532 Jobsite is not plumbed or otherwise continuously supplied. In that case, 5533 water is provided in sufficient quantity at the beginning of the work shift 5534 to ensure at least one quart per employee per hour for drinking 5535 throughout an entire shift. Santa Clarita dispatchers communicate with 5536 drivers every 2 hours to avoid heat related emergencies. 5537 10 5538 PPE and PPE storage bags are provided to each employee to 5539 ensure that PPE is stored and protected from factors that might 5540 degrade its performance. These factors include sunlight, heat, 5541 extreme cold, excessive moisture, chemicals, dust, and physical 5542 distortion. It is the employee's responsibility to maintain and store 5543 their PPE correctly. Replacements are provided if the PPE. 5544 becomes damaged or has reached its useful life. Each PPE bag Ar� 5545 has information tags with high heat, lock out/tag out, and brake c 5546 inspections reminder checklists. 5547 5548 6. Reporting 5549 5550 a. Detailed monitoring and reporting 5551 5552 Burrtec will collaborate with the City to maintain records and distribute reports required to 5553 demonstrate City and State compliance directives. Burrtec will assist the City of Santa Clarita 5554 in documenting SIB 1383 and other related legislative requirements using the Recyclist 5555 platform. Burrtec's mobile Recyclist platform and database allow users to track qualified 5556 customers, edible food generators (as applicable), food recovery organizations and services, 5557 material processing waste characterizations, educational and outreach activities conducted, 5558 route audit results compiled, complaints investigated, and recycled organic material products 5559 procured. Burrtec's platform will enable the City of Santa Clarita to export information from the 5560 database into the State's Electronic Annual Report (EAR) format, which now includes SIB 1383 5561 compliance. Designated City staff will have "real-time" access to monitor activities and FINAL AGREEMENT Page 164 of 192 5562 compliance as they occur. Reports will be transmitted to the City designee electronically as 5563 required. 5564 5565 b. Method Used to Track Tonnage 5566 5567 To supplement SIB 1383 compliance monitoring and reporting requirements, Burrtec's Disposal 5568 Reporting System identifies, records, and tracks valuable solid waste, recyclables, and organic 5569 materials collection and disposal information. This Disposal Reporting System allows Burrtec 5570 to provide the jurisdictions with accurate and up-to-date information required to meet all AB 5571 939, AB 341, AB 1594, AB 1826, SIB 1383 and landfill -related reporting requirements. 5572 Information submitted to the City is formatted and categorized to reflect the State's Source 5573 Reduction and Recycling Element guidelines and indicates the City's percentage of diverted 5574 materials. 5575 5576 5577 5578 5579 5580 5581 5582 5583 5584 5585 5586 5587 5588 5589 5590 5591 5592 5593 5594 5595 5596 5597 5598 5599 5600 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 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. FINAL AGREEMENT Page 165 of 192 5601 Exhibit 9 5602 City -Approved Processing and Disposal Facilities 5603 The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material 5604 Recycling Facilities, and Transfer Stations to manage the specified services and otherwise assist the 5605 Contractor in the performance of the requirements of the Agreement. The Maximum Services Rates in 5606 Exhibit 1 assume all material is delivered to the approved facility. Any City -directed changes to any other 5607 non -approved facility will be considered a City -directed change in accordance with Section 30.01. The 5608 capabilities and capacities of such facilities may change during the term of this Agreement; as such City 5 09 reserves the right to redirect materials to alternate facilities in accordance with any such changes. If the 5 10 Contractor requests to utilize another permitted facility, it shall be done at the Contractor's cost, unless the 5 11 parameters of Article 6. section 6.07, apply. The City must receive prior notification and approve any 5612 change in facilities. 5613 Disposal Facility Approved City Facilities SWIS Number Site Name County Enforcement Agency (LEA/EA) 19-AA-0052 Chiquita Canyon Sanitary Landfill Los Angeles Los Angeles County 5614 5615 Transfer and Processing 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 5616 Note: In the event that a fully permitted organics processing facility is developed at 20745 Santa Clara 5617 Street, consistent with the existing agreement between the City of Santa Clarita and RANDFAM INC. 5618 (d.b.a., Rent -a -Bin), the City reserves the right to direct the flow of organic material to this location for 5619 processing in compliance with the requirements of SIB 1383. 5620 FINAL AGREEMENT Page 166 of 192 5621 Exhibit 10 5622 Sustainability and Compliance Plan 5623 1. The Burrtec Approach to Programs and Facility Requirements 5624 5625 Burrtec's approach to diversion programs and facility development is the right fit for the City of 5626 Santa Clarita, based on knowledge and familiarity with the City's waste stream, and guided by four 5627 principles: 5628 5629 Employ Best Management Practices 5630 Conform to State guidelines and directions 5631 Think local 5632 Partner with regulatory agencies 5633 5634 a) Best Management Practices 5635 5636 Burrtec's approach to collecting solid waste materials, processing recyclable materials and 5637 organic materials, and disposing of non -recyclable solid waste follow the industry's proven 5638 Best Management Practices, meaning the practices that nationwide are determined to be the 5639 most effective and the most practical from technological, economic, environmental, and 5640 sociological viewpoints. 5641 5642 From the alternatives available (multi -stream recycling, single -stream recycling, and mixed- 5643 waste processing), Burrtec has invested in the Single Stream processing approach for the 5644 following reasons: 5645 5646 The single -stream approach is the industry's and CalRecycle's Best Management 5647 Practice 5648 Waste generators are engaged in helping reach the goal because they make decisions 5649 daily about what to recycle and what to dispose of 5650 Waste generators do not need to make the secondary sorting decisions and store the 5651 multiple containers needed for individual commodities that the multi -stream recycling 5652 approach requires 5653 Collection of single -stream materials is more efficient and economical than with the 5654 multi -stream approach 5655 The feedstock quality for materials recovered at the source is far superior to that 5656 recovered from mixed -waste processing 5657 5658 b) State Guidelines 5659 5660 Burrtec's approach is fully compatible with statewide 75 percent diversion goals, which focus 5661 on four components: edible food recovery, source reduction, recycling, and organic waste 5662 material processing. Disposal —related activities like alternative daily cover, transformation, 5663 waste tire -derived fuel, and beneficial reuse at landfill disposal sites do not count toward the 5664 statewide recycling goal. 5665 5666 c) Think Local 5667 5668 Transporting recyclable and organic materials long distances for processing tips the 5669 greenhouse gas scale in the unfavorable direction when the GHGs of long -haul transportation 5670 are included in the formula. For this reason, Burrtec has focused its efforts on facilities such 5671 as Rent -a -Bin located in and near the Santa Clarita Valley communities that it serves. 5672 FINAL AGREEMENT Page 167 of 192 5673 d) Partnership: Standards Development and Education 5674 5675 Burrtec contributes to defining Best Management Practices for Southern California by being 5676 actively involved with State and Regional government. 5677 5678 CalRecycle, San Bernardino and Riverside Counties' Local Enforcement Agencies and 5679 local jurisdictions regularly use Burrtec's West Valley Material Recovery Facility for 5680 training workshops and public education purposes 5681 Burrtec has hosted an SCAQMD study of air emissions at its West Valley MRF 5682 composting facility for the purpose of developing compost facility air quality standards 5683 CalRecycle features Burrtec's SB 1383 Municipal Program Overview as an educational 5684 tool on their SB 1383 Short -Lived Climate Pollutant website. MENU CalRecycle'4 ­—M—ou—ndroi lurange Lou neyl • Yolo Food Bank yolo County) • Yolo County Edible Food Recovery Program • City of Carlsbad: Edible Food Recovery Program • Burrtec SB 1383 Municipal Program Overview • City of Palo Alto: Organic waste Self -Hauler Requirements Mailer 5685 https://www. calrecycle. ca.gou/Organics/SLCP/education 5686 5687 Burrtec senior management are actively engaged with Local Enforcement Agencies and 5688 CalRecycle in the development of regulatory standards for siting, permitting, and operating 5689 organics processing facilities. 5690 5691 2. Meeting Diversion Requirements 5692 5693 The planned three container residential and three -plus container commercial source -separated 5694 diversion programs will be newto some residents and businesses of Santa Clarita. Consequently, 5695 it will take them some time to develop new habits. The SB 1383 added requirement for residential, 5696 mixed organic waste recycling places responsibilities upon jurisdictions to enforce compliance. 5697 Local enforcement of the adopted ordinances will be critical to the success of diversion programs. 5698 Burrtec will begin outreach and waste assessments with commercial and residential customers well 5699 before the Franchise Agreement start date. Per the draft Franchise Agreement for solid waste 5700 collected in the City of Santa Clarita, Burrtec proposes achieving the recycling requirements 5701 outlined in the Agreement. However, Burrtec proposes an alternative diversion calculation 5702 methodology that assures consistency with current and future CalRecycle requirements as further 5703 explained in the exceptions section. 5704 5705 For Agreement Years 2023 and 2024, the minimum annual Franchised Diversion Rate requirement 5706 will be forty percent (40%), and CalRecycle Diversion standards will be fifty-five percent (55%). 5707 5708 For Agreement Years 2025 and 2026, the minimum annual Franchised Diversion Rate requirement 5709 will be forty-five percent (45B/%), and CalRecycle Diversion standards will be sixty percent (60%). 5710 5711 For Agreement Years 2027 and 2028, the minimum annual Franchised Diversion rate requirement 5712 will be fifty percent (50B/%), and CalRecycle Diversion standards will be sixty-five percent (65%). 5713 FINAL AGREEMENT Page 168 of 192 5714 5715 5716 5717 5718 5719 5720 5721 5722 5723 5724 5725 5726 5727 5728 5729 5730 5731 5732 5733 5734 5735 5736 5737 5738 5739 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 SIB 1383 compliance enforcement 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 SIB 1383 Education, Outreach, and Training X X X X Variable Size Container Collection X X X X Source Separated Rec clables X X X X Special Event Collection Services X X X X Source Separated Organics X X X X Service Level Selection X X X X Bulky Item Collection X X X X Container Contamination Minimization X X X X Holiday Tree Collection X X X X Debris Box Collection X X X X Construction & Demolition Processing X X X X Compost Delivery and Give Away X X X X Onsite Waste Consultation X X X Source Separated Green Waste X X X Source Separated Food Waste X X X Manure X X X Edible Food Recovery Assistance X X Sharps Program X X Clean -Up Days X X Paper Shred -Events X X Home Composting Units X X Textile, Carpet, & Mattress Events X X City Sponsored Events X Litter Abatement X Code Enforcement Clean -Up X FINAL AGREEMENT Page 169 of 192 5740 5741 5742 5743 5744 5745 5746 5747 5748 5749 5750 5751 5752 5753 5754 5755 5756 5757 5758 5759 5760 Diversion Programs Single Family Multi- Family Commercial City Services 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. 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. adel�ymadpn Rent -a -Bin (Small Vol. CDI Operation) 20745 Santa Clara Street Ra ndfam, Inc. Canyon Cou ntry(In Sa nta Clanta), CA 91351 PO Box 4463 1p..Iro1.. Chatworth, CA 91311 zActiwa Phone: (818) 709-5296 Notony .. ificat lend owner(sl Loral Enforcement A6ency(LEA) County of Los Angeles Same t Address Pl Departmentof Public Health ndall, ye,c aeswortn, 5050Commence Dr Howard G91311PoA Baldwin Park, CA 91706 Phone: (626) 430-5540 b. Sun Valley Paper Stock 8701 San Fernando Road, Sun Valley, CA 91352 Owner/Operator: Sun Valley Paper Stock TS and MRF Slle Information Sun Valley Paper Stock MRF and TS 8701 North San Fernando Road Sun Valley (In Los Angeles), CA 91352 zActiye zPermitted zre.. land ownerls) name t ,were:: Phone oun& row Hwy. Ballwin Park. Stephen n. 111- 51n Valley Paper Stock I S and MRF 8701San Fernando Road Sun Valley, CA 91352 Phone: (818)767-8984 Loral Enforcement Agenry(LEA) City of Los Angeles Los Angeles Dept of Building & Safety, Local Enforcement Agency Program 221 N Figueroa St Ste 1250 Los Angeles, CA90012 Phone: (213)252-3939 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. FINAL AGREEMENT Page 170 of 192 5761 5. Program Schedule 5762 5763 With the approval of the City, Burrtec will do the following prior to the actual Franchise Agreement 5764 start date: 5765 5766 Inform and educate customers on the full range of all services offered, including container 5767 exchange and cleaning, annual events schedule, and container utilization protocols 5768 Advise customers on selecting container sizes to maximize diversion and the potential 5769 cost benefits of increased diversion 5770 Education requirements established in SIB 1383 regulations not already completed by the 5771 City 5772 Provide customers with a comprehensive list of acceptable and non -acceptable items for 5773 each container 5774 Recyclable Materials include but are not limited to: 5775 5776 5777 5778 5779 5780 5781 5782 5783 5784 Aluminum cans Magazines/catalogs Aerosol cans Newspaper Aseptic containers Paper Brochures Papertubes 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 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 -Seafood Grass Cuttings -Shellfish Dead Plants Bones Flowers Rice Leaves Beans Branches Pasta Similar materials generated through landscaping Bread activities Cheese Similar materials generated through construction Eggs and Eggshells activities 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. FINAL AGREEMENT Page 171 of 192 5785 a. First Quarter 5786 5787 Begin meetings with key City staff monthly to review, at a minimum, program 5788 performance, current and anticipated activities, specific outreach performed to promote 5789 high participation in diversion programs, the ability for customers to change service 5790 levels, awareness of additional services, approve methods to monitor contamination, and 5791 customer messaging on diversion programs 5792 Educate City staff and customers on relevant legislative requirements and provide 5793 recommendations to City facilities on increasing recycling participation and decreasing 5794 contamination 5795 Develop and distribute public education and outreach material for all customers 5796 Sustainability/compliance representative(s) begin site visits and provide public education 5797 and outreach to customers supporting diversion requirements 5798 5799 b. Second Quarter 5800 5801 Waste evaluations and route reviews for customers and at City facilities 5802 Educate City staff on proper container utilization techniques, source reduction, and 5803 prohibiting contamination 5804 Collaborate with education agencies on Earth Day activities, legislative requirements, 5805 container utilization techniques, and prohibiting contaminants 5806 5807 c. Third Quarter 5808 5809 Focus on right -sizing container services at businesses and multi -family facilities based 5810 on a compliance review and results from route reviews conducted 5811 Provide the City with Burrtec's Sustainability and Compliance plan for the upcoming year 5812 detailing measures intended to increase participation and diversion, target "problem" 5813 areas, and outline planned education and outreach activities 5814 Implement the school education and outreach program at the start of the fall semester. 5815 The program will include but is not limited to school resources, kid's activities, flyers, and 5816 onsite outreach. School programs are tailored to the appropriate education level and the 5817 audience receiving the information 5818 • Annual reporting compilation and submittal 5819 5820 d. Fourth Quarter 5821 5822 Tier 2 customer identification, education, and outreach activities in preparation of edible 5823 food recovery expansion of generators set to begin in 2024 5824 Holiday messaging and collection activities 5825 Compliance monitoring plan for the upcoming year, including onsite training for service 5826 recipients 5827 • Annual services notice informative brochure development in preparation for annual 5828 distribution 5829 5830 Subsequent years will follow similar formats and will include implementing targeted program 5831 changes, education, and outreach efforts tailored to support diversion requirements based on the 5832 results found in the fieldwork completed. Program modifications and additional education and 5833 outreach activities will first be approved by the City prior to implementation and conform to SIB 1383 5834 regulation requirements. 5835 5836 Understanding that a full complement of on -going education, outreach, and evaluation activities will 5837 be required to achieve the diversion goals outlined in the RFP. The diversion plan schedule below 5838 identifies key milestones completed annually that will support Burrtec's efforts in attaining the City's FINAL AGREEMENT Page 172 of 192 5839 waste diversion goals. Significant attention to potential additional program development and 5840 outreach may be necessary to reach the Franchised Diversion Rate of 60% by 2031. 5841 Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Education & X X X X X X X X X X Outreach Route Reviews X X X X X X X X X X Residential Container Size X X X X X X X X X X Adjustments & Record X X X X X X X X X X Keeping Multi -Family 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 Commercial Requirements X X X X X X X X X X (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 Sup ort Record X X X X X X X X X X Keeping Diversion X X X X X X X X X X Programs Reporting X X X X X X X X X X Procurement X X X X X X X X X X Community X X X X Meetings School Education & X X X X X X X X X X Outreach Programs City Community Services Event X X X X X X X X X X Participation Complaint Investigations X X X X X X X X X X Additional X X X X X X X X X X Services Program Evaluation & X X X X X X X X X X Adjustment FINAL AGREEMENT Page 173 of 192 5842 5843 5844 5845 5846 5847 5848 5849 5850 5851 5852 5853 5854 5855 5856 5857 5858 5859 5860 5861 5862 5863 5864 5865 5866 5867 5868 5869 5870 5871 5872 Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Franchised Diversion Rate 40% 40% 45% 45% 50% 50% 55% 55% 60% 60% Goal 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 2029 2030 2031 2032 2033 Rec clables 3,931 8,215 9,645 10,053 11,630 12,960 14,813 15,377 17,399 18,031 18,672 Residential Organics 12,194 24,234 30,472 30,269 33,401 33,164 36,214 35,942 38,906 38,595 38,278 Residue 4,733 9,579 7,519 7,672 8,695 8,005 8,961 9,119 10,122 10,299 10,,477 Rec clables 3,776 7,506 8,392 8,338 9,204 9,794 10,698 10,621 11,501 11,413 11,323 Multi Family Organics 1,473 3,085 4,082 4,263 4,939 5,145 5,890 6,123 6,937 7,198 7,462 Residue 1,986 3,988 4,050 4,047 4,493 3,836 4,221 4,221 4,604 4,604 4,604 Commercial Rec clables 3,758 7,445 8,295 8,212 9,032 9,575 10,418 10,301 11,107 10,974 10,839 (includes mixed -use Organics 2,884 5,957 7,780 8,024 9,191 9,469 10,727 11,041 12,392 12744 13,101 service recipients) Residue 2,331 4,680 4,419 4,411 4,892 4,244 4,664 4,660 5,079 5„074 5,069 Rec clables 43 87 91 91 93 94 93 94 92 93 93 Additional Services Organics 68 137 142 143 146 147 146 148 144 145 146 Residue 167 336 285 287 239 240 196 198 157 159 160 40.30 40.30 45.28 45.28 50.25 50.25 55.23 55.23 60.20 Diversion % % % % % % % % % % 60.20 % 60.20 % 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. b. Contamination Monitoring 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 FINAL AGREEMENT Page 174 of 192 5873 reports for all service recipients at least once per year for the first three (3) years of the term. 5874 Thereafter, onsite waste audits will be conducted on a minimum of fifty percent (50%) of 5875 commercial service recipients, with the primary focus on those service recipients with the 5876 lowest program participation or diversion. 5877 5878 c. Route Reviews 5879 5880 Targeted route reviews will be conducted over multiple weeks to support drivers' daily 5881 contamination monitoring activities with multiple personnel. This will allow our auditors to 5882 physically observe required commercial customer's recycling and organic waste containers 5883 annually. Each auditor will undergo a series of training activities in preparation for the route 5884 review. These training activities will include a review of containers utilized, familiarization with 5885 route maps and franchise boundaries, a review of acceptable and unacceptable materials for 5886 each type of container, and training on recording data in the field. Members of the management 5887 team will conduct practice audits, data processing, and contamination noticing for exceptions 5888 identified prior to auditors being deployed in the field to ensure a successful, accurate, and 5889 timely route review. 5890 5891 d. Waste Evaluations 5892 5893 Mindful of the initial impact of residents witnessing auditors evaluate their containers for 5894 prohibited contaminants curbside, Burrtec proposes initially utilizing waste evaluation 5895 processes authorized by SIB 1383 for residential sectors. Each evaluation will undergo a series 5896 of sample collections based on the size of the route studied. Contamination data discovered 5897 during the evaluation is documented and photographed. Contamination notices are sent to the 5898 entire route studied, identifying prohibited container contaminates discovered, reminding 5899 residents of proper container utilization techniques, and providing additional information on 5900 source reduction techniques. Drivers witnessing gross contamination or unpermitted waste will 5901 still follow contamination -noticing protocols during the waste evaluation process. Targeted 5902 route reviews follow for areas found to be over allowable contamination standards. 5903 5904 e. Contamination Noticing and Adequate Service Levels 5905 5906 Auditors and drivers will be equipped with technological aids to document observations in real- 5907 time while on the route and minimize data transfer errors. Each auditor will follow route lists 5908 designed explicitly for this project, which will detail customer account information in such a way 5909 as to allow auditors to capture multiple material commodities in a single visit to the customer's 5910 location on a scheduled service day. The Recycling containers shall be considered 5911 contaminated if it contains more than 10% percent Non -Recyclable material by weight or 5912 volume. The Organic Waste containers shall be considered contaminated if it contains more 5913 than 3% percent Non -Organic Waste material by weight or volume. Initial contamination 5914 percentages were consistent with requirements outlined in SIB 1383 for diversion of recyclables 5915 and incompatible materials respectively and subject to more stringent standards should route 5916 review results dictate. 5917 5918 Completed audited data is downloaded nightly and reviewed by the management team. An 5919 exception list for customers with inadequate service levels will be generated from the data. It 5920 will be provided to applicable personnel to process and coordinate follow-up onsite 5921 consultations. Container exception -based work orders for identified damage or graffiti will be 5922 created for the operations team to remedy timely or on a customer's future service day based 5923 on the auditor's findings. 5924 5925 Findings of container contaminants greater than the percentage of the container contents 5926 allowed will initially result in a "tag" or warning placed on the container, and the generator will 5927 be provided with educational materials detailing material placement expectations and FINAL AGREEMENT Page 175 of 192 5928 directions outlining how to remedy the conditions found by the driver or auditor. A progressive 5929 list of warnings may be used as follows: 5930 5931 All Single Family, Multifamily, Mixed Use and Commercial Recipients 5932 5933 111 & 2nd Incident Within One Calendar Year - Upon finding container contaminants, the driver 5934 or auditor may photograph contamination. A written notice will be provided to the customer, 5935 including properly separating materials left on the container. A secondary notice will be 5936 provided through direct contact, mailed, or electronically sent. Secondary notifications will 5937 indicate contamination fees assessed for the third and subsequent notifications, and that cart 5938 sizes and quantities may be adjusted. Documentation of contamination occurrences will be 5939 digitally maintained. 5940 5941 3rd or Subsequent Incident Within One Calendar Year- Notifications will be considered 5942 Contamination Violation Notices and include digital documentation. Burrtec will provide a 5943 written notice, including photographs, collect the contaminated container, and charge the 5944 customer a contamination fee. The City will be notified within five business days if container 5945 sizes are increased or the customer has a contamination surcharge imposed. 5946 5947 f. Route Reviews & Waste Evaluations 5948 5949 Burrtec will conduct annual route reviews of commercial businesses and waste evaluations for 5950 residential customers to verify commercial and residential generators' compliance with organic 5951 waste generator requirements outlined in the Contamination Monitoring Plan section. Burrtec 5952 will ideally follow the standard three and four container route review and waste evaluation audit 5953 process shown below; however, an overview of SIB 1383 requirements for each type of 5954 container system is located on the following page for reference. 5955 5956 5957 �gcon�'nef Seandardl Contal n e a Audit Requ�imem Wmtesm1nem61� e W.o®� 2oiTy ruM Zmgm�ye �% Renex Fdenre base] weeny cu imm e,uairew zcza s sxo�mae Ka,u�\ _ Keeping ys9-as�mpi® FINAL AGREEMENT Page 176 of 192 Container Contamination Minimization Redormance Based System Ajudsdic[ion shall monitor the containers provided to generators using a threecontainer ortwo-container organic waste collection se ce to minimize prohibited wntaino contaminants in a manner spedfietl below. waste Evaluation Blue BGrcen stendare Mixed We Mi.dwaste Container Type Three Container Two Container One Container 2 Year System System System Gray Guartedy Multiple Arees/Seasons Waste Evaluation Route �� Review Conminer Type Audit Method -All Rovrea Aud'ns Between 2x Year-Annual�Y -Rondo Not Samples per WC Dhdntl Seasons Multiple Not Every Container R uimtl Besed on Route sae Arens Between 25-40 NO Samples^ er WC +25%Resitlue Based o ROute Targetetl Routs Edu o n Any study Sire Review Evidence Specific 'o Penalties Generatom Fmm Begin Yes Study 2024 z'ce'­ No +25%Rastdue Yes WC FuclurcAny study Yes No Record Keeping Im Slandartl Three C­iner Collection SysRm 5958 5959 5960 g. Route Review Efficiency 5961 5962 Where possible and as approved by the City, Burrtec will attempt to reduce cost impacts and 5963 minimize additional labor necessary to comply with contamination monitoring requirements. 5964 Operational activities will be customized to facilitate regulatory review requirements by 5965 capitalizing on existing programs and Burrtec's material recovery facilities. 5966 5967 8. Air Emission Reduction 5968 5969 Organic waste diversion offers many environmental benefits. Burrtec facility's organic 5970 management program is designed to utilize the most effective technologies to reduce greenhouse 5971 gas emissions, generate renewable energy, and reduce the use of chemical fertilizers in agriculture. 5972 Burrtec has fully embraced SIB 1383's intention to mitigate the effects of climate change by 5973 producing high -quality soil amendments for agriculture and farming as well as organic slurries used 5974 in anaerobic digesters. 5975 5976 The Burrtec West Valley Material Recovery Facility compost operation uses covered aerated static 5977 piles to aerobically decompose organics into useable compost, significantly reducing odors, bio- 5978 aerosols, and particulate matter emissions. The incoming feedstock of green and food material is 5979 received, contamination removed, and material ground in the receiving area. The mixture is piled 5980 into windrows and covered atop a controlled aerated system. Temperature and oxygen probes 5981 monitor the decomposition process as air is blown through the composting pile and passes a bio- 5982 filter. Once the retention time in the system has passed, and pathogen reduction requirements 5983 consistent with 14 CCR 17868.3 met, the material is moved to open curing piles for 30 to 60 days 5984 prior to shipment. 5985 FINAL AGREEMENT Page 177 of 192 5988 9. Reducing Wear and Tear on City Streets 5989 5990 Appropriately sized enclosures, containers, and service frequency assist in maximizing collection 5991 efficiency, driver safety, and reducing wear and tear on City streets by limiting the number of times 5992 vehicles enter the premises each week. Coupled with the Lytx Safety System and GPS technology, 5993 the number of vehicles and routes required for service is significantly reduced, eliminating 5994 unnecessary wear and tear on City streets. The routing optimization plan will also reduce wear 5995 and tear on the City's streets by maximizing collection times during non -peak traffic. 5996 5997 10. Environmental Stewardship 5998 5999 Burrtec continues developing and implementing programs at its facilities with positive 6000 environmental impacts. 6001 6002 a. Water and Power Conservation 6003 6004 Vehicles operating under compressed natural gas (CNG) fuel systems are powered by 6005 renewable natural gas (RNG) produced at dairies and landfills. This process reduces the 6006 demand for natural resources and reuses organic waste to power the collection fleet 6007 Burrtec has installed four (4) compressed natural gas and three (3) liquefied natural gas 6008 systems to fuel alternative -powered vehicles at hauling divisions. One such compressed 6009 natural gas fueling station is located in the City of Santa Clarita at Burrtec's local hauling 6010 facility. Onsite fueling limits wear and tear on City streets, reduces driver hours, and 6011 minimizes lines at fueling stations for the public 6012 Onsite time -fill RNG fuel stations allow a fleet to fill overnight during off-peak hours. Off- 6013 peak hours are times when the energy grid has excess electrical generation. Time -fill 6014 increases the efficiency of refueling. In addition, time -fill stations ensure that compressors 6015 only start and stop one time per day, reducing maintenance and extending the life of the 6016 equipment 6017 A percentage of Burrtec's collected organic waste is converted to renewable natural gas 6018 by anaerobic digestion processes at the Los Angeles Sanitation District, San Bernardino 6019 BioDigester, and the City of Riverside Water Quality Control Plant. Burrtec intends to 6020 utilize renewable natural gas to fuel collection vehicles operating throughout Los Angeles 6021 and San Bernardino Counties 6022 Burrtec's network of organic waste processing facilities recover wood and brushy green 6023 waste for use as a renewable biomass fuel. This material is used as a fuel source for 6024 energy generation. This "green" fuel is burned in boilers to make steam that in turn powers 6025 a turbine to generate electricity. Burrtec's network supplies regional local manufacturing 6026 operations with this biomass fuel based on their operational needs 6027 Wood chips from Burrtec's organic waste processing operations are used to enhance 6028 water reduction and conservation. In addition, processed organic materials are also used 6029 for erosion control which assists stormwater pollution prevention best management 6030 practices 6031 Native drought tolerant plants and automated sprinkler systems are installed at Burrtec 6032 facilities FINAL AGREEMENT Page 178 of 192 • 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 • 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 FINAL AGREEMENT Page 179 of 192 6089 high -efficiency filtration products, we have reduced our fleet's oil consumption by over 6090 60% and our lubricants by more than 50%. Benefits of Amsoil include 6091 . Reduced emissions 6092 Increased fuel efficiency 6093 Longer lasting fleet 6094 Reduced dependence on foreign oil and petroleum -based products 6095 Used oils, fluids, and filters from all vehicles are collected and processed for reuse 6096 Tire recycling program. Worn tires are inspected for DOT compliance and re -treaded, 6097 when possible, to reduce the use of virgin materials 6098 E-waste and Battery recycling programs are in place at Burrtec facilities and offices 6099 Metal scrap from maintenance shop truck body repairs is recycled 6100 6101 These practices will continue with implementing the exclusive franchise agreements awarded 6102 by the City of Santa Clarita. New and/or updated practices will be incorporated into our 6103 operations as program alternatives become practical. 6104 6105 11. Use of Local Vendors 6106 6107 In addition to the City resources required to operate Burrtec's Santa Clarita Hauling Division located 6108 at 26000 Springbrook Avenue #101, Burrtec utilizes the following local vendors: 6109 6110 Truck and equipment related vendors such as truck repair, electrical, plumbing, pest control, 6111 & vehicle washing 6112 Firms such as legal counsel, public relations, media advertising 6113 Landfill - Chiquita Canyon 6114 Recycling Processor - Rent -a -Bin 6115 Participation in the Santa Clarita Valley Chamber of Commerce, VIA and KHTS activities 6116 6117 Nearly 15% of the employees working in the Santa Clarita Hauling Division call the City of Santa 6118 Clarita home, including its division manager. Santa Clarita residents' use of local vendors, in 6119 addition to the fifty-five (55+) employees currently working daily at the Santa Clarita Hauling 6120 division, for nearly two decades, make it difficult to quantify but an essential part of the City's local 6121 economy. 6122 6123 12. Innovative "Green Approach" 6124 6125 a. Electric Collection Vehicle Technology 6126 6127 Burrtec is pleased to offer an electric -powered collection vehicle for full-time operation in the 6128 City of Santa Clarita to demonstrate the next generation of cleaner collection vehicles. This 6129 enhancement comes at no additional cost to ratepayers or the City. 6130 6131 Burrtec has been closely following the development of electric -powered collection vehicles and 6132 has concluded that the technology is 'route -ready' under the right circumstances. Electric- 6133 powered trucks will provide cleaner, healthier air will be quieter in neighborhoods, and power 6134 requirements will be met partly from renewable resources (estimated at 30+% and increasing 6135 each year). 6136 6137 Burrtec has ordered six electric -powered collection vehicles from Autocar for delivery in 2022. 6138 The Autocar ACX chassis will be powered by BLUE Horizon 14Xe ePowertrain supplied by 6139 Meritor, Inc. from its North Carolina production facilities. FINAL AGREEMENT Page 180 of 192 6140 6141 6142 6143 6144 6145 6146 6147 6148 6149 6150 6151 6152 6153 6154 6155 6156 6157 6158 6159 6160 6161 6162 6163 6164 6165 6166 6167 6168 6169 6170 6171 6172 6173 6174 6175 6176 6177 6178 6179 6180 6181 6182 6183 6184 6185 6186 6187 6188 6189 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 14Xe 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 SIB 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 SIB 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. West Valley Material Recovery Facility 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- FINAL AGREEMENT Page 181 of 192 6190 6191 6192 6193 6194 6195 6196 6197 6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 6211 6212 6213 6214 6215 6216 6217 6218 6219 6220 6221 6222 6223 6224 6225 6226 6227 6228 6229 6230 6231 6232 6233 6234 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. 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 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: FINAL AGREEMENT Page 182 of 192 6235 6236 6237 Future High Diversion Organic Waste Processing Facilities will house many technologies to 6238 prepare feedstock from single family, multi -family and commercial municipal solid waste. 6239 Should the three -container system alone not achieve the 75% diversion rate, facilities must add 6240 additional technologies to capture unrecovered organics and recyclables from the municipal 6241 solid waste stream to eventually reach 75% diversion. Burrtec with Agromin is endeavoring to 6242 surpass state mandates and help develop facilities so that communities can achieve the 6243 benefits of a zero -waste infrastructure. 6244 6245 d. Supplier Partnerships 6246 6247 Rehrig Pacific pioneered a previously impossible process to manufacture carts out of an 6248 unprecedented 40% recycled material without sacrificing strength or curb appeal. The High- 6249 Density Polyethylene (HDPE) resin that Rehrig Pacific uses in its carts makes them 100% 6250 recyclable. This allows our cart manufacturer to create a closed -loop system reclaiming and 6251 recycling broken carts for reuse in new products at the end of life. Rehrig Pacific also has a 1® BWRF TEC Future SB 1383 High Diversion Organic Waste Processing - Material Flow Diagram a AGE MT Sourca E.�, �_ _ , _.-D Markets eMIM °4. CM�n Organin whoa 5 riea� ... ' y . __ y c b R�ImCrYq 6ryrorvai rp.vr_. ca.o. f i� k.. Commert'1 � ,� 4 Mrro�k Greens rom wa Dpnno IG�M�1 b � � wunp ]rl n f e11rJl 16`� wG^ Dlwrwn u..w. wru r+ewep Truer •.. ... 'a L A A,a qi c-111 Me�rla Sauero SeO✓e�ee 1 a rvwp GrMpe TrvcY fo comn.2w nk..oc+sna • �. ru "�° oryron­Ersw 6252 best -in -class R&D lab leading the way in evaluating non-traditional plastics sources, from bulky 6253 rigid plastic -like patio chairs and laundry hampers to materials like ocean waste and discarded 6254 rope. With seven manufacturing sites across the United States, Rehrig Pacific has a strategic 6255 national footprint that allows for timely production and delivery of new cart orders and lower 6256 freight costs. 6257 FINAL AGREEMENT Page 183 of 192 6258 6259 6260 6261 6262 6263 6264 6265 6266 6267 6268 6269 6270 6271 6272 6273 6274 6275 6276 6277 6278 6279 6280 6281 6282 6283 6284 6285 6286 6287 6288 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 T with ocean -bound plastics. OceanCore results from `+ Rehrig Pacific's unique manufacturing expertise and a • , �� first -of -its -kind process that allows Rehrig to combine virgin plastic with unmatched volumes of recycled material. The result is a product that contains more The first cart made with recycled material than previously thought possible °Dean -bound plastics. without compromising the structural integrity or "°''"r 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. FINAL AGREEMENT Page 184 of 192 6289 6290 6291 6292 6293 6294 6295 6296 6297 6298 6299 6300 6301 6302 6303 6304 6305 6306 6307 6308 6309 6310 6311 6312 6313 6314 6315 6316 6317 6318 6319 6320 6321 6322 6323 6324 6325 6326 6327 6328 6329 6330 6331 6332 6333 6334 6335 6336 6337 6338 6339 6340 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 The SIB 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. FINAL AGREEMENT Page 185 of 192 6341 6342 6343 6344 6345 6346 6347 6348 6349 6350 6351 6352 6353 6354 6355 6356 6357 6358 6359 6360 6361 6362 6363 6364 6365 6366 6367 6368 6369 6370 6371 6372 6373 6374 6375 6376 6377 6378 6379 6380 6381 6382 6383 6384 6385 6386 6387 6388 6389 6390 6391 6392 6393 6394 6395 Avariety 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 • Information on the organic waste «M;Wo generator's requirements to follow proper container utilization COMING S techniques and edible food donation programs RITTIF a. Schedule of Materials to 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 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. FINAL AGREEMENT Page 186 of 192 6396 Scope of services and geographical area including general information on container 6397 colors and sizes available, how to change container sizes and quantities, information 6398 about what to place in containers, and instructions on the set -out site 6399 Holiday Schedules 6400 Delivery, pick up, exchange, and replacement of containers 6401 Burrtec office hours, toll -free customer service telephone number, e-mail address, and 6402 website 6403 City's information such as telephone number, location, Household Hazardous Waste 6404 information, and other information as required 6405 Newsletter 6406 Training on how to sort organic and recyclable material 6407 Description of green waste and food waste items allowable for collection and items 6408 prohibited 6409 Description of acceptable recyclable materials 6410 6411 c. Community Meetings 6412 6413 1) Prior to Start of Contract 6414 6415 Burrtec will hold community meetings to explain the new contract services and highlight 6416 program elements. Meetings will be held on weekday evenings and separate Saturdays 6417 as agreed upon with City's approval. The meeting dates, program information, and 6418 arrangements will be reviewed with City staff prior to finalizing. All customers will receive 6419 a community meeting notification at least two weeks prior to the meeting or approved by 6420 the City. 6421 6422 2) Instructional 6423 6424 Upon request, Burrtec will hold community meetings in English and/or Spanish or other 6425 languages as required informing customers how to recycle properly and what organic 6426 waste diversion means. 6427 6428 d. Written Notices and Outreach Materials 6429 6430 1) Upon Start of Services 6431 6432 Burrtec will develop written educational materials and deliver them to Customers. Burrtec 6433 will utilize technology, such as smartphones to distribute educational materials, reach more 6434 people, and reduce paper waste. Customers will be given a choice of how they want to 6435 receive the information, through traditional quarterly newsletters or via "monthly" e-mail or 6436 text message. Educational materials include: 6437 6438 2) Articles 6439 6440 Burrtec will develop a bilingual (Spanish and other languages as required) article with color 6441 graphics containing information that encourages recycling and educating customers 6442 services available. Topics include the following examples: 6443 6444 Available services notices and information 6445 . New cart colors 6446 Placement of carts, including during heavy rains 6447 Holiday Tree collection instructions cnfist- Teecouecno, 6448 Benefits of source separation, reduction, and „-.. 6449 prevention of solid waste ® BURRTEC FINAL AGREEMENT Page 187 of 192 6450 Information on how organic waste is diverted from the landfill 6451 Methane reduction benefits of reducing organic waste in landfills 6452 Bulky Items 6453 Illegal Dumping 6454 . Cleaning Containers 6455 Holiday Schedule Happy Memorial Day 6456 Commingling of Solid Wastes 6457 . 4 R's, reduce - reuse - recycle - rethink 6458 . Carts left in the street 6459 . Unpermitted Waste disposal 0I!q r? rEC 6460 . New solid waste laws �aa».arvaa=aa.MaaaNainaye ••ea=a esa 6461 eloaM Mo1May Articles specific to service areas such as palm fronds 6462 6463 3) Special Event Announcements 6464 6465 Burrtec will develop and deliver outreach notices to Customers on various events upon 6466 receiving approval from City. Some notifications will be limited to text or e-mail messages 6467 and not be included in newsletters. Examples of events are as follows: 6468 6469 City Household Hazardous Waste Collection Drop -Off Events 6470 City Neighborhood Cleanup Events 6471 Quarterly Paper Shredding Events 6472 Compost/Mulch Giveaway Events 6473 Textile, Carpet, and Mattress Collection Drives 6474 Availability of Food Waste Pails 6475 Sharps Program Information 6476 Bulky Collections 6477 . Home Composters 6478 Cart and Bin Exchange and Cleaning 6479 Holiday Collection schedule 6480 Billing reminders, upon Customer request (e-mail) 6481 . Service interruptions (e-mail) 6482 . Non -collection notices (e-mail) 6483 6484 Certain notifications will be limited to e-mail messages and do not apply to newsletters. 6485 6486 Burrtec will provide notices up to six (6) weeks in advance of events, except as related to 6487 billing reminders, service interruptions, and non -collection notices. Notices may include 6488 artwork, layout, or notices provided by the City. 6489 6490 4) Distribution 6491 6492 The articles and announcements will be disseminated in the following ways, as requested 6493 by Customers: 6494 6495 a) Newsletters 6496 6497 Newsletters will be available in electronic format such as PDF and will be printed on 6498 8.5"xl l" or 8.5"x14" sized recycled paper, whichever is appropriate. Burrtec will 6499 develop one -page (additional page for Spanish and other languages, if required by 6500 City) information newsletters in color and deliver these newsletters to Customers four 6501 times each contract year. A second English page may be added to the newsletter once 6502 per year if requested by Director. 6503 FINAL AGREEMENT Page 188 of 192 6504 6505 6506 6507 6508 6509 6510 6511 6512 6513 6514 6515 6516 6517 6518 6519 6520 6521 6522 6523 6524 6525 6526 6527 6528 6529 6530 6531 6532 6533 6534 6535 6536 6537 6538 6539 6540 6541 6542 6543 6544 6545 6546 6547 6548 6549 6550 6551 6552 6553 6554 6555 6556 6557 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 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: Facebook: www.facebook.com/burrtecscv © Twitter: https://tvvitter.com/burrtecwaste FINAL AGREEMENT Page 189 of 192 6558 O Instagram: https://www.instagram.com/burrtecscv 6559 OYouTube: https://www.youtube.com/channel/UCgaJ5 Ea4Nx1EY4LDDAS9CA 6560 6561 6562 6563 6564 6565 6566 6567 6568 6569 6570 6571 6572 6573 6574 6575 6576 6577 6578 6579 6580 6581 6582 6583 6584 6585 6586 6587 6588 6589 6590 6591 6592 6593 6594 6595 6596 6597 6598 6599 6600 6601 6602 6603 6604 6605 6606 Linkedln: https://www.linkedin.com/companv/burrtec-waste-industries 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 • Benefits to Participation in Recycling Programs • Record -Keeping Requirements • Purchasing Policy Requirements • CalGreen and MWELO Requirements • Enforcement and Inspection Requirements • Best Management Practices FINAL AGREEMENT Page 190 of 192 6607 3. Methods to Reduce Contamination 6608 6609 Burrtec will utilize several methods to reduce contamination and ensure diversion goals are met in 6610 Santa Clarita. Burrtec's experience with program implementations have shown that no one method 6611 can be relied upon, but rather a flexible, multi -faceted approach is required. Burrtec will develop an 6612 explicitly tailored program, designed with expert local knowledge, local community engagement, 6613 and local participation for Santa. Below is a list of primary methods that will be utilized to achieve 6614 program goals: 6615 6616 Education, Education, Education. Ensuring customers understand program requirements 6617 is the first critical component to achieving stated goals 6618 Participation in Community and School Events. Participating in community events and local 6619 schools to demonstrate how proper container utilization works and reduce contamination is 6620 another critical component to achieving stated goals 6621 Generator Feedback. Through onsite waste consultations with businesses, contamination 6622 notices, targeted education, and outreach, and ultimately notices of violation, and individual 6623 generator feedback is critical to achieving stated goals 6624 Data Analysis. The use of route review and waste evaluation results in conjunction with 6625 community waste characterization data will assist in targeting high contamination generators 6626 Equipment Readiness. Operation's readiness to deploy additional containers, exchange 6627 container sizes, and respond to customer requests is critical to ensure contamination 6628 minimization efforts are successful 6629 Technology. Burrtec's continued efforts to upgrade and utilize state-of-the-art equipment at 6630 recovery facilities works and partner with leading industry experts in composting to ensure 6631 diversion goals can be met 6632 6633 4. Benefits of Participation 6634 6635 Burrtec will focus on the following elements to inform customers of the benefits of recycling and 6636 organic waste collection programs: 6637 6638 Information on how recycling conserves natural resources 6639 Information on how participating in recycling programs prevents pollution by reducing the 6640 need for raw materials 6641 Information on methods to recycle organic waste onsite, sending organic waste to 6642 community composting, and any other local requirements regarding organic waste 6643 Information regarding the methane and greenhouse gas reduction benefits of reducing the 6644 local Santa Clarita Valley landfill disposal of organic waste 6645 Information on the methods of organic waste recovery 6646 Information related to the public health and safety, and environmental impacts associated 6647 with the landfill disposal of organic waste 6648 Information regarding programs for donating edible food through the City of Santa Clarita's 6649 Edible Food Recovery Program which helps those who are food insecure 6650 Information about food recovery organizations and services operating within the City of 6651 Santa Clarita, including a list of those services 6652 • Information about actions that commercial edible food generators can take to prevent the 6653 creation of food waste FINAL AGREEMENT Page 191 of 192 6654 6655 6656 6657 6658 Exhibit 12 Acceptable Recyclable Materials Recyclable Materials include but are not limited to: Aluminum cans Magazines/catalogs Aerosol cans Newspaper Aseptic containers Paper Brochures Papertubes 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 FINAL AGREEMENT Page 192 of 192