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HomeMy WebLinkAbout1994-04-26 - AGENDA REPORTS - BIN REPLACEMENT SERVICE PERMIT (2)AGENDA REPORT City Manager Apprc Item to be presented Jeff Kolin, Deputy ( UNFINISHED BUSINESS DATE: April 26, 1994 SUBJECT: BIN REPLACEMENT SERVICE PERMIT RESOLUTION NO. 94-53 DEPARTMENT: PUBLIC WORKS, SOLID WASTE DIVISION Pursuant to the California Integrated Waste Management Act of 1989 (AB 939) the City of Santa Clarita is required by law to divert its municipal solid waste (MSW) from landfills by 25 % by the year 1995 and 50 % by the year 2000. The law also authorizes the City to make adequate provisions of MSW handling to achieve the state mandate. In response to AB 939, the City of Santa Clarita implemented residential and commercial refuse and recycling programs. These programs did not, include large volume generators. As such, the City is establishing the Bin Replacement Service Permit which will target the industrial and large volume generators using temporary bins and routed or un routed roll -off boxes. Permit Development Solid Waste staff researched industry standards to develop a permit system which would be fair and effective. All area haulers were invited to participate in the Permit process. After analyzing the industry data and consulting with waste haulers, staff developed a Bin Replacement Service Permit proposal for City Council's approval; At the December 14, 1993 City Council meeting, staff made a presentation to the council on the Bin Replacement Service Permit (temporary bins and roll -off boxes). Based on comments received from the public, the City Council directed staff to return to negotiations with the applicants in order to resolve the issues relating to the percentage of permit fees assessed to the haulers, the amount of granting fees and the reporting requirements. Additionally, the Santa Clarita Valley Chamber of Commerce requested that the City staff meet with the local businesses to discuss the effects of the proposed Bin Replacement Service Permit. Adapted: y o councill2-22-94.agu 111L Agend-a Item: Hauler Negotiations During the months of January, March and April staff met with haulers to resolve issues relating to the percentage of permit fees, the amount of granting fees and the reporting requirements. City staff and waste haulers agreed upon a fee per cubic yard of trash instead of a percentage of gross receipts fee. Based on the volume of waste hauled by all applicants, staff developed a permit fee per cubic yard. In addition, the granting fee was reduced from $500 to $250 to avoid penalizing smaller haulers. Moreover, the reporting requirements of the Permit were clarified and simplified to assist haulers in submitting accurate reports to the City. Attachment A includes the final negotiated provisions of the Bin Replacement Service Permit. Attachment B includes the Bin Replacement Service Permit Agreement. Public Participation Since the Santa Clarita Valley Chamber of Commerce requested that the City staff meet with the local businesses to discuss the effects of the proposed Bin Replacement Service Permit, on March 2, 1994 City staff held a public information meeting on proposed provisions of the Bin Replacement Service Permit. Invitations were extended to all businesses within the City. In addition, staff provided a briefing of the final negotiated provisions of the Bin Replacement Service Permit to the Valencia Industrial Association, and the Santa Clarita Valley and Canyon Country Chambers of Commerce. RECOMMENDATION Adopt Resolution 94-53 granting Semi -Exclusive Bin Replacement Service Permits to Blue Barrel Disposal, Santa Clarita Disposal, Atlas Refuse Removal, Crown Disposal, A Trojan Disposal, Rent -A -Bin, Cal Coast Recycling, Larey Rubbish Pick -Up Service, Lopez Rubbish Disposal, AWM Disposal Service, Hi -W sa , American Waste Industries, and Empire -Disposal. ATTACHMENTS A. Final Negotiated Provisions of the Bin Replacement Service Permit B. Bin Replacement Service Permit Agreement C. Resolution Number 94-53 counci1\2-22-94.agn ATTACHMENT A FINAL NEGOTIATED PROVISIONS OF THE PERMIT Staff and haulers concluded negotiations on April 5, 1994. The following items were mutually agreed upon: ■ A $.20 Permit Fee Per Cubic Yard Of Trash ■ No Permit Fee Assessed On The Collection Of Source Separated Recyclables ■ Permit Fees Will Be Reviewed Annually To Determine Adjustments ■ Refuse Rates Based On Market Forces ■ A Minimum Of Five Haulers To "Be Operational Within The City At Any Given Time ■ One Year Contract Term ■ AB 939 Indemnification Based On Percentage Of Market Share ■ CERCLA Indemnification By The. Haulers ■ A Minimum Of One Million Dollars ($1,000,000.00) General Liability And One Million Dollars ($1,000,000.00) Per Occurrence Insurance Policy ■ Provide The City With Total Quantities Of Recyclables And Non-Recyclables ■ Self -Enforcement Of Permit System council\2-22-94.agn ATTACHMENT C RESOLUTION NO. 94-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA GRANTING SEMI -EXCLUSIVE BIN REPLACEMENT SERVICE PERMITS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared thatitis within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, AB 939 authorizes and requires local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, the City is obligated to protect the public health and safety of the residents of the City of Santa Clarity by taking steps to enable solid waste haulers to make arrangements for the collection of solid wastes in a manner consistent with the protection of public health and safety; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Clarita as follows: Section 1. The City Council of the City of Santa Clarita hereby finds, determines, and declares that the public convenience and necessity are served by the award of semi - exclusive Bin Replacement Service Permits to Blue Barrel Disposal,Atlas Refuse Removal, Santa Clarita Disposal, Crown Disposal, A Trojan Disposal, Rent -A -Bin, Cal Coast Recycling, Larey Rubbish Pick-up Service; Lopez Rubbish Disposal, AWM Disposal Service, Hi -Waste Disposal, American Waste Industries, and Empire Disposal to arrange with businesses and other entities in the City of Santa Clarity for the collection, recycling, composting, and safe transport and disposal of recyclables, green wastes, and commercial solid wastes. Section 2. The permit agreements by which, on the City granted semi -exclusive permits to the above mentioned companies are hereby ratified, confirmed, and approved are attached hereto and are hereby incorporated into this resolution by reference as if fully and accurately included herein. PASSED, APPROVED, AND ADOPTED this day of 1994. MAYOR ATTEST: CITY CLERK ATTACHIVIF:NT C STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF SANTA CLARITA) I, Donna M. Grindey, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of , 1994 by the following mote of the Council: AYES:COUNCIr.MENIBERS: NOES: COUNCILMEMBERS: ABSENT: C OUNCILMEMBERS : CITY CLERK mwcil\9453.ica ATTACIEVIENT B SEMI -EXCLUSIVE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSAL OF MUNICIPAL SOLID WASTE THROUGH A BIN REPLACEMENT SERVICE PERMIT revised April 11, 1994 f:\home\solwaste\binreorr\brscont2.je TABLE OF CONTENTS Page No. SECTION 1, GRANT OF A SEMI -EXCLUSIVE RIGHT AND 2 PRIVILEGE TO ARRANGE FOR THE COLLECTION OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS A. Semi -Exclusive Right 2 B. Annexations 2 C. Bin Replacement Service Permit 3 SECTION 2. APPLICATION FEE 3 SECTION 3. DEFINITIONS 3 A, AB 939 B. AB 939 Fee C. Bins D. Bin Replacement Service Permit E. Bulky Goods F. City Boundaries G. Commercial Solid Waste H, Commercial Waste Generating Sector I. Compostable Materials J. Construction and Demolition Waste K. Fee Based on Cubic Yard L. Permit Fee M. Hazardous Waste N. Industrial Waste O. Industrial Waste Generating Sector P, Intermediate Processing Centers Q. Materials Recovery Facility R. Municipal Solid Waste S. Non -Compaction Vehicle M Recycling Container U. Recycling Coordinator V. Recyclable Materials W. Recycled X. Regularly Scheduled Collection Routes Y. Residential Premises Z. Residential Solid Waste A.A. Residential Waste Generating Sector BB. Semi -Exclusive Right CC. Temporarily Scheduled Collection Routes DD. White Goods SECTION 4. TERM 7 SECTION 5. PERMIT FEE 7 SECTION 6. LEVELS OF SERVICE 7 A. Collection 7 B. Recycling Coordinator/Government Liaison 7 SECTION 7. AB 939 REPORTING; PUBLIC OUTREACH 7 A. Diversion Reports 7 B. Disposal Reports 8 C. Submittal of Reports 8 D. Marketing of'Recyclables 8 SECTION 8. OWNERSHIP OF MUNICIPAL SOLID WASTE 9 AND RECYCLABLES SECTION 9. COMPLIANCE WITH LAWS AND REGULATIONS 9 SECTION 10. BILLING 9 SECTION 11. PRIVACY 9 SECTION 12. SERVICE EXCEPTIONS - HAZARDOUS WASTE 10 NOTIFICATIONS SECTION 13. INDEMNIFICATION AND INSURANCE 10 A. Indemnification of City 10 B. AB 939 Indemnification 10 C. Hazardous Substances Indemnification 11 D. AB 939 Obligations of City 11 E. Workers' Compensation Insurance 11 F. General Liability Insurance 12 G. Evidence of Insurance Coverage; Insurance Repository 13 SECTION 14. HAULER'S BOOKS AND RECORDS; AUDITS 13 SECTION 15. CITY'S SOURCE REDUCTION AND RECYCLING 14 ELEMENT; INCORPORATION BY REFERENCE ii SECTION 16. CUSTOMER SERVICE 14 A. General 14 B. Office Hours 14 SECTION 17. TERMINATION 14 SECTION 18. PERMIT TRANSFERABLE; CITY CONSENT REQUIRED 15 A. Right to Transfer 15 B. Material Breach 16 C. Minimum of Five Haulers 16 SECTION 19. PERMIT TRANSFER; FEES 16 SECTION 20. GENERAL PROVISIONS 16 A. AB 939 16 B. Amendment 17 C. Failure to Report 17 D, Force Majeure 17 E. Identification Required 17 F: Independent Contractor 17 G. Joint Drafting i8 H. Law to Govern; Venue 18 I. Pavement Damage 18 J. Property Damage 18 K. Reasonable Determinations 18 L. Right of Entry 18 M. Savings Clause and Entirety 18 N. Submittal of Reports 19 O. Notices 19 iii SEMI -EXCLUSIVE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSAL OF MUNICIPAL SOLID WASTE THROUGH A BIN REPLACEMENT SERVICE PERMIT This SEMI -EXCLUSIVE AGREEMENT ("Agreement") is entered into this day of 1994, by and between the CITY OF SANTA CLARITA ("City") and ( ) ("Hauler') for the collection, transportation, recycling, composting and disposal of municipal solid waste, compostable materials and recyclable material through a Bin Replacement Service Permit. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS; AB 939 authorizes and requires local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, City is obligated to protect the public health and safety of the residents of the City of Santa Clarita by taking steps to enable solid waste haulers to make arrangements for the collection of solid waste in a manner consistent with the protection of public health and safety; and WHEREAS, City and Hauler are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA") 42 U.S.C. §§ 6901 et sec., and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et SCCA. and WHEREAS, City and Hauler desire to leave no doubts as to their respective roles, and that by entering into this Agreement, City is not thereby becoming a "generator' or an "arranger" as those terms are used in CERCLA § 107(a)(3), and that it is Hauler, not City, which is "arranging for" the collection, the transport for disposal, composting of compostable materials and the recycling of recyclables, compostable materials and municipal solid wastes; and WHEREAS, there are no places within the City limits of the City of Santa Clarita where landfills are located, or which are suitable for the siting of a landfill, and solid waste must, therefore, be exported from the City; and WHEREAS, City and Hauler agree that it is Hauler and not. City, which will select the landfill or transformation facility destination of the non -recyclable waste which Hauler will arrange to collect, that City has not, and, by this Agreement does not, instruct Hauler on its collection methods, nor supervise the collection of waste, and nothing in this Agreement, or other action of the City shall be construed to place title to such waste in Hauler, the parties recognizing that whatever, if any, title Hauler, may gain to such waste by operation of law, and is not the result of this Agreement; and WHEREAS, Hauler has represented and warranted to City that it has the experience, responsibility and qualifications to conduct recycling programs and to arrange with businesses and other entities in the City of Santa Clarita for the collection, safe transport, and disposal of their recyclables and municipal solid wastes which may inadvertently contain hazardous substances. The City Council of the City of Santa Clarity determines and finds that the public interest, health, safety and well being would be served if Hauler were to make arrangements with business owners and other entities to perform these services for the City's commercial and industrial sectors. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. GRANT OF A SEMI -EXCLUSIVE RIGHT AND PRIVILEGE TO ARRANGE FOR. THE COLLECTION OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS THROUGH A BIN REPLACEMENT SERVICE A. Semi -Exclusive Rights This Agreement grants to Hauler for the term of this Agreement (including all extensions or renewals), a semi -exclusive right and privilege to arrange for the collection, transportation, recycling, composting and disposal of municipal solid waste through a Residential, Industrial and Commercial sector Bin Replacement Service Permit and to arrange for the collection of recyclable materials generated or accumulated within the City of Santa Clarita as its existing boundaries at the date of execution of this Agreement are now constituted or may hereafter be changed pursuant to the City of Santa Clarita Municipal Code and California Public Resources Code Section 40059 (a) (1). Hauler agrees to be bound by and comply with all the requirements of this Agreement. This Agreement is subject to all of the provisions of this Agreement, and to any rights, if any, which may be held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520 or other laws and those rights pursuant to the City of Santa Clarita Resolutions 91-27 and 93-83. B. Annexations Territory annexed to the City, subsequent to the date of this Agreement, shall be added to the service area covered by this Agreement and serviced by Hauler. Provided however, the City 2 Council at its sole discretion, may allow any Municipal solid waste enterprise currently servicing the annexed area to compete with Hauler within the annexed area only subject to the terms of this Agreement. In the event that City Council chooses to add an annexed area to the service area of Hauler, the City and Hauler agree that this Agreement shall supersede any previous franchise agreement, permit, or license granted by another public entity, subsequent to any rights held pursuant to Public, Resources Code Section 49520, if any. C. Bin Replacement Service Permit The Bin Replacement Service Permit entitles Hauler to collect municipal solid waste from the residential, commercial and industrial waste generating sectors using non -compaction vehicles, on a temporary basis; roll -off containers are permitted for use on a temporary and permanent basis. The Bin Replacement Service Permit prohibits the use of zero (0) to six (6) cubic yard bins for use in regularly scheduled collection routes of municipal solid waste or recyclables from the residential and commercial waste generating sectors pursuant to the City of Santa Clarita Resolutions 91-27 and 93-83. SECTION 2. APPLICATION FEE Hauler, upon submission of this Agreement to City Council for approval, shall pay the City $250.00 to reimburse City for attorneys' fees and expenses associated with granting this Agreement. In the event that the. City Council shall fail to approve this Agreement, the funds deposited with the City by Hauler shall be returned by City to Hauler. SECTION 3. DEFINITIONS Whenever any term used in this Agreement has been defined by the Santa Clarita Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code (PRC) §§ 49500 et. sem. and §§ 40100 et sec ., the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board. B. "AB 939 Fee means a line item fee placed on all businesses that generate waste. The fee shall be based on a dollar per ton or cubic yard basis. This fee is authorized through "AB 939." The revenue collected is used to cover City costs of monitoring, reporting, pilot programs and technical assistance. The fee shall not. be utilized for any other purpose. C. "Bins" shall mean those containers provided by Hauler for residential commercial, industrial, recycling, construction and demolition collection. Bins are zero (0) cubic yards to six (6) cubic yards in size. Roll -off containers are ten (10) to forty (40) yards in size with the weight being the maximum permitted by the California Highway Patrol. 3 D. 'Bin Replacement Service Permit" means the collection of municipal solid waste from the residential, commercial and industrial sectors using non - compaction vehicles where an empty bin is exchanged for the bin full of municipal solid waste or recyclables at the time of collection. E. 'Bulky Goods" shall mean large and small appliances, furniture, carpets, mattresses, clothing, tires and oversized yard waste such as tree trunks and large branches if no larger than two (2) feet in diameter and four (4) feet in length; including white goods, automobile parts, residential material resulting from building construction, alteration or repair (except asbestos - containing materials), rock; brick, stone, cement, plaster, manure, soil or sod, and similar large items which cannot be placed in a bin furnished to the customer and any item which is impractical for placement in such bin because of weight, configuration which protrudes above the water level of such bin. F. "City Boundaries" shall mean the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the Clerk of the City Council. G. "Commercial Waste Generating Sector" means the establishments within the City that generate commercial solid waste. IL "Commercial Solid Wastes" shall mean those wastes generated or accumulated by stores, offices, governmental institutions and other commercial sources which are listed in PRC § 49503 as well as Bulky Goods, Compostable Materials, Green Waste, Yard Waste and Industrial Waste as those terms are defined in this Agreement. Commercial Solid Waste does not, include those wastes collected pursuant: to the Cityof Santa Clarita Resolution. No. 91-27. I: "Compostable Materials" means Green Waste or Yard Waste which includes leaves, grass clippings, brush, branches and other forms of organic materials separated from other municipal solid waste. "Compostable Materials" does not include stumps or branches exceeding four (4) inches in diameter or four (4) feet in length. J. "Construction and Demolition Waste" means the discarded building materials, packaging; plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations on pavements, buildings and other structures (except asbestos -containing materials). K. "Fee Based on Cubic Yard" means the flat permit fee assessed on each yard of municipal solid waste collected from the residential, commercial or industrial waste generating sectors but the Cubic Yard fee is not assessed on the collection of source separated recyclables. L. "Permit Fee" means the fee or assessment imposed by the City on Hauler because of its status as party to this Agreement, and which, inter alia, is intended to offset the City's expenses in administering this Agreement and to compensate City for damage to its streets, sidewalks, curbs and gutters or other infrastructure resulting from Hauler's exercise of this Agreement. M. "Hazardous Waste" means any Hazardous substances or waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., and all future amendments to either of them, or as defined by the California Environmental Protection Agency or the California Integrated Waste Management Board, or either of them. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or municipal solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing defini- tion. N. "Industrial Waste" means all municipal solid waste which results from industrial processes and manufacturing operations. 0. "Industrial Waste Generating Sector" means the establishments within the City that generate industrial waste, P. "Intermediate Processing Centers" (IPCs) means: facilities that accept source separated recyclable or compostable items and materials. Recyclable items are often received in a mixed (commingled) form. Commingled items are usually sorted manually, contaminants are removed and mechanized equipment is used to prepare materials to buyer specifications. (C1WMB Definition.) Q. "Materials Recovery Facility" (MRF) means a. permitted municipal solid waste facility where solid wastes or recyclable materials are sorted or separated by hand or by use of machinery for the purposes of recycling or composting. (CIWMB Definition.) R. "Municipal Solid Waste" means Solid Waste generated or accumulated within the City of Santa Clarita which is designated for collection under this Agreement. 5 S. "Non -Compaction Vehicle" means a vehicle that does not compact the solid waste collected using front, side and rear loading systems or by any other means. T. "Recycling Container" means a container for the temporary storage and collection of recyclables. U. "Recycling Coordinator" means a person responsible for recycling operations, education and outreach, waste surveys, site specific recycling plans and diversion reporting. V. "Recyclable Material' means materials that are diverted from the landfill and taken to recycling centers, Materials Recovery Facilities and Intermediate Processing Centers and which are collected by Hauler pursuant to this Agreement. W. "Recycled" means the act of having processed or arranged for the processing of recyclable materials into a form suitable for reuse and having marketed those processed materials for a use consistentwith the require- ments of AB 939 for recycled materials. The act of marketing does not require that revenue is generated from the processed materials. X. 'Regularly Scheduled Collection Routes" means collection of municipal solid waste or recyclables on a fixed Schedule. Y. 'Residential Premises" means any "single-family or multi -family" dwelling unit which utilizes one or more individual ninety (90) gallon residential type municipal solid waste containers or bins pursuant to resolution 91-27, Z. 'Residential Solid Waste" means all municipal solid waste which is generated in residential areas. AA. 'Residential Waste Generating Sector" means the area that generates residential solid waste. BB. "Semi -Exclusive Right" means the right and privilege to arrange for the collection, transportation, recycling, composting and disposal of municipal solid waste through a Bin Replacement Service Permit as described in Section 1 (Grant of a Semi -Exclusive Right and Privilege to Arrange for the Collection, Transportation, Recycling, Composting and Disposal of Municipal Solid Waste Through a Bin Replacement Service Permit); CC. "Temporarily Scheduled Collection Routes" means collection of municipal solid waste or recyclables not on a fixed Schedule.. DD. "White Goods" means appliances such as refrigerators, dishwashers, dryers, water heaters, and all large household appliances. 0 SECTION 4. TERM The term of this Agreement shall be for a base period of one year, commencing on May 26, 1994, and ending on May 25, 1995. Sixty (60) days before the conclusion of the term, a one year extension may be implemented if mutually agreed upon, in writing, by Hauler and City. SECTION 5. PERMIT FEE Each month, Hauler shall pay to City an amount equal to $.20 per cubic yard of municipal solid waste (not including source separated recyclables) collected as defined in Section 3K. Such monthly installment of the Permit Fee shall be due and payable to the City no later than 3:00 p.m., Pacific time, on the fifteenth (15th) day of the succeeding month. If the monthly installment is not so received by City, interest at the maximum rate allowable by law shall be levied against the Hauler. Permit fees shall be reviewed annually to determine adjustments in the fee. SECTION 6. LEVELS OF SERVICE A. Collection Collection practices shall adhere to Chapter 11.44 of the Santa Clarita Municipal Code, (Noise Limits) or as the Chapter may be amended for industrial areas. No collection will take place in residential areas on the following holidays each year: Christmas Day, New Year's Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. Collection must be rescheduled for these days, B. Recycling Coordinator/ Government Liaison Hauler is required to have a staff person responsible for recycling operations, education and outreach, waste surveys, training, site specific recycling plans and diversion reporting. The staff person shall be referred to as the "Recycling Coordinator." SECTION 7. AB 939 REPORTING; PUBLIC OUTREACH Hauler shall be required to cooperate with City to produce municipal solid waste diversion reports and waste stream audits and to implement measures to achieve the City's source reduction, recycling and waste stream diversion goals. Hauler agrees to submit such reports and information by fax or typed format as required by the City. These reports are to include, but are not necessarily limited to, those listed below. A. Diversion Reports Hauler shall provide a quarterly statement showing the type of material, tonnage and each buyer/user, and net sales. 7 Hauler shall provide a certification statement by responsible official under penalty of perjury. Hauler shall submit quarterly reports (to comply with California Integrated Waste Man- agement Act) using the following quarterly breakdown: First Quarter - January, February and March Second Quarter April, May and June Third Quarter - July, August and September Fourth Quarter - October, November and December On or before January 15 of each year, Hauler shall submit a year-end annual report to include a collated summary of the information contained in the quarterly reports and a discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, increase efficiency, and increase participation. B. Disposal Reports Hauler shall retain copies of landfill dump slips for each load disposed of in the City. Hauler shall maintain a list of the number of cubic yards pulled each month throughout the term of the contract. Hauler shall submit quarterly reports on Municipal solid waste landfilled using the following quarterly breakdown: First Quarter - January, February and March Second Quarter - April, May and June Third Quarter July, August and September Fourth Quarter - October, November and December C. Submittal of Reports Each year reports are due: First Quarter Reports Due - April 30 Second Quarter Reports Due - July 30 Third Quarter Reports Due - October 30 Fourth Quarter Reports Due - January 30 Reports shall be submitted to; Director of Public Works City of Santa Clarita 25663 Avenue Stanford Santa Clarita, CA 91355 D. Marketing of Recyclables Hauler shall be responsible for marketing and sale of all recyclables collected pursuant to this Agreement and Hauler shall retain all revenues from the sales of these materials. All sale prices, volumes, terms and purchasers shall be reported to the City upon request. 3 SECTION 8. OWNERSHIP OF MUNICIPAL SOLID WASTE AND RECYCLABLES Ownership and the right to possession of municipal solid waste, compostable materials and recyclable materials placed in containers or bins for collection shall transfer directly from the service recipient to Hauler by operation of state law, when the service recipient surrenders ownership by placing municipal solid waste or recyclables in Hauler's container or bin for collection. This provision does not include hazardous wastes or substances. At no time does the City obtain any right of ownership or possession of municipal solid waste placed for collection, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. The City retains the right to direct that a portion of or all of any one or more recyclables collected under the program be delivered to specific locations or purchasers for any purpose including but not limited to pilot testing materials markets, achieving the highest and best use of materials, and meeting California Integrated Waste Management Act. In the event that the City exercises the right to direct materials, Hauler will be compensated at a rate to be determined by agreement. In the event the City exercises its right to direct materials, Hauler will retain responsibility for the quality of collected recyclables. SECTION 9. COMPLIANCE WITH LAWS AND REGULATIONS Hauler warrants that it will comply with all applicable laws, including implementing regulations, as they from time -to -time may be amended, specifically including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et. sq., the Resource Conservation and Recovery Act,; 42 U.S.C. §§ 6901, et sez ., the California, Integrated Waste Management Act, and all other applicable laws of the State of California, the County of Los Angeles, ordinances of the City, the requirements of Local Enforcement Agencies and other agencies with jurisdic- tion. SECTION 10. BILLING Bills to service recipients may be itemized showing charges for landfill collection and disposal, and recyclable materials collection and processing. Cubic Yard Permit Fee must be itemized on customer's bills for the collection of municipal solid waste. SECTION 11. PRIVACY Hauler shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers or the composition or contents of a customer's Municipal solid waste or recyclables shall not be revealed to any person, governmental unit, private agency or company unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Hauler from preparing, participating in or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939. a Hauler shall not market or distribute mailing lists with the names and addresses of customers unless approved by the Director of Public Works. The rights accorded customers pursuant to this Section shall be in addition to any other privacy rights accorded customers pursuant to federal or state law. SECTION 12. SERVICE EXCEPTIONS - HAZARDOUS WASTE NOTIFICATIONS When municipal solid waste is not collected from any municipal solid waste customer, Hauler shall notify its customer in writing, at the time collection is not made, and why the collection was not made. Hauler has represented to City that Hauler will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers, and if appropriate, the National Response Center, of reportable quantities of hazardous waste found or observed in municipal solid waste anywhere within the City including on, in, under or about City property including streets, easements, rights-of-way and City waste containers. In addition to other required notifications, if Hauler observes any substances which it or its employees reasonably believe or suspect to contain hazardous wastes unlawfully disposed of or released on City property including streets, storm drains or public rights-of-way, Hauler also will immediately notify the City Manager, or the City Manager's designee. SECTION 13. INDEiiWIFICATION AND INSURANCE A. Indemnification of City Hauler agrees that it shall protect, defend with counsel selected by City, and Hauler shall indemnify and hold harmless City, its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees arising out of or resulting in any way from City's granting of this Agreement to Hauler or Hauler's exercise of the Agreement, unless such claim is due to the sole negligence or willful acts of the City, its officers, employees, agents or contractors. Subject to the scope of this indemnification and upon demand of the City, made by and through the City Attorney, Hauler shall protect City from and appear in and defend the City and its officers, employees and agents in any claims or actions, whether judicial, administrative or otherwisearising out of the exercise of the Agreement. B. AB 939 Indemnification The parties acknowledge and agree that the California Public Resources Code requires the City to develop and implement a Solid Waste Management Plan. Hauler shall cooperate with the City and/or the City's AB 939 consultant in collecting and transmitting such information and data as may be required for the preparation and implementation of this plan. To the extent that Hauler has control of a share of the City's Municipal solid waste and recyclable stream, Hauler guarantees to City that it will achieve the AB 939 diversion goals for Hauler's share of the waste and recyclable stream and Hauler assumes responsibility for payment of Hauler's proportionate share of any fines and penalties imposed by the State on the City should said diversion goals not be achieved to the State's satisfaction. Hauler shall make a commitment to separate recyclables from non-recyclabies. In turn, and as a 10 condition to Hauler providing such aforementioned guarantee, City agrees to cooperate in good faith with the Hauler to facilitate Hauler's compliance with said goals. Such actions shall include, but not be limited to, the consideration of adoption and enforcement by the City of necessary ordinances, local regulations and other administrative and legislative acts to insure business owners' cooperation in compliance with Hauler's programs. In addition, and as a further condition to Hauler providing such aforementioned guarantee, the City agrees to cooperate with Hauler in approving and implementing local resource recovery and waste diversion programs proposed by Hauler to comply with the State mandate. C. Hazardous Substances Indemnification Hauler shall indemnify, defend with counsel selected by City and Hauler, protect and hold harmless City, its officers, employees, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against City or its officers, employees, or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes at any place where Hauler transfers, transports, stores or disposes of Municipal Solid Waste pursuant to this Agreement, or Municipal Solid Waste has otherwise come to be located, or its activities pursuant to this Agreement otherwise result in a release of hazardous substances into the environment. The foregoing indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U,S.C. § 9607(e), and California Health and Safety Code § 25364, to defend, protect, hold harmless and indemnify City from liability pursuant to performance under this Agreement. D. AB 939 Obligations of City City agrees to comply with its statutory duties and obligations with respect to planning for the collection, transportation, recycling and disposal of municipal solid waste, imposed by AB 939 (Public Resources Code Section 40000, et LN.,) as it may, from time -to -time be amended. The indemnification and defense provisions of Section 13A (Indemnification of City) and Section 13B (AB 939 Indemnification) shall not apply if City fails to carry out its statutory duties imposed by AB 939 (Public Resources Code Section 40000, et steer.,) as it may, from time -to -time be amended to plan for the safe disposal of municipal solid waste. E. Workers' Compensation Insurance Hauler shall obtain and maintain in full force and effect throughout the entire term of this Agreement full workers' compensation insurance in accordance with the provisions and requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of 11 this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses which arise from work performed by the named insured for the City. F. General Liability Insurance Hauler shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Porm Comprehensive General Liability (occurrence) policy with a minimum limit of ONE MILLION DOLLARS ($1,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage with any self-insured retention not exceeding $100,000.00 per occurrence. Said insurance shall protect Hauler and City from any claim for damages for bodily injury including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Agreement, whether such operations be by Hauler itself or by its agents, employees and/or subcontractors. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. The following language is required to be made a part of all of the insurance policies required by this Section: "The City of Santa Clarita, is hereby added as insureds as respects liability arising out of activities performed by or on behalf of Hauler." 2. "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." 3. "This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." 4. "Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to the City in theevent of suspension, cancellation, reduction in coverage or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk." The insurance required by this Agreement shall be with insurers which are California - admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time to match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on each of the policies or policy endorsements. 12 G. Evidence of Insurance Coverage; Insurance Repository Contemporaneously with the execution of this Agreement, Hauler shall deposit copies of insurance policies or endorsements evidencing the existence of policies of insurance required pursuant to this Agreement. City agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for one hundred years (100 years) after the end of the collection period covered by this Agreement, and to notify City's Risk Manager and City Attorney before destroying copies of such policies. This provision shall survive the termination of this Agreement. SECTION 14. HAULER'S BOOKS AND RECORDS; AUDITS. Hauler shall maintain all records relating to the services provided hereunder, including but not limited to customer lists, billing records, total number of cubic yards collected for each month of the agreement, maps, and AB 939 records for the full term of this Agreement and an additional period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon ten (10) business days advance notice, to inspect and audit all records relating to this Agreement, including; but not limited to, customer lists, billing records, total number of cubic yards collected for each month of the agreement, maps, and AB 939 records. Such records shall be made available to City at Hauler's regular place of business, but in no event outside the County of Los Angeles. Should any etamination or audit of Hauler's records reveal an underpayment of any fee required under this Agreement, the amount of such underpayment shall become due and payable to City no later than thirty (30) days after written notice of such underpayment is sent to Hauler by City. Should an underpayment of more than three percent (3 %) be discovered, Hauler shall bear the entire cost of the accounts receivable audit. Hauler shall locally maintain current, accurate and complete financial records in accordance with the Hauler's regularly maintained method of accounting relating to Agreement opera- tions, including original ledgers, journals, accounts, and records in which are recorded entries reflecting its activities hereunder, as well as supporting documents such as bank statements, cancelled checks, bank account reconciliations, tax returns, contracts, employee files, time records, invoices, and receipts. All accounts shall be maintained in accordance with Generally Accepted Accounting Principles. Notwithstanding anything to the contrary herein, the City shall have the right during normal business hours, and upon reasonable notice, to inspect all financial records pertaining to any City contract related account and any other records of Hauler reasonably and directly neces- sary for City administration of its right of review, approval or enforcement by this Agreement. In addition to the foregoing, City shall have the right, for a period of three years following the delivery of an Auditor's report and financial statements, to inspect during normal business hours and upon reasonable notice at no expense to the City or hauler, for the purpose of auditing all fmancial and other records of Hauler concerning its operation pursuant to this Agreement: 13 SECTION 15. CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT; INCORPORATION BY REFERENCE During the term of this Agreement Hauler, at no expense to City, is willing to assist the City with information and reports required by City to meet its reporting obligations imposed by AB 939 as amended, the regulations implementing AB 939, and to comply with the guidelines in the City's Source Reduction and Recycling Element, with respect to the waste stream covered by this Agreement in a manner approved by City. Hauler agrees to submit such reports and information by fax or typed format required by the City.. Hauler agrees to comply with the guidelines of City's Source Reduction and Recycling Element and agrees that City's Source Reduction and Recycling Element, as it may be amended from time -to -time, shall be deemed conclusively to comply with the requirements of AB 939. Upon adoption, City's Source Reduction and Recycling Element, by this reference, shall be deemed to be incorporated into, and to constitute an amendment to this Agreement, Costs incurred by Hauler in complying with this provision shall be incorporated in the annual rate review process. SECTION 16. CUSTOMER SERVICE A. General Hauler shall collect, transport; recycle, compost and dispose of municipal solid waste, compostable materials and recyclable materials pursuant to this Agreement; B. Office Hours Hauler's office hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. Monday through Friday. Hauler shall also maintain an after hours telephone answering machine for use during other than normal business hours. Hauler shall be accessible by a Santa Clarita phone number. SECTION 17. TERMINATION This right of termination is in addition to any other rights of City upon a failure of Hauler to perform its obligations under this Agreement, The City further reserves the right to terminate this Agreement in the event of any of the following of this Agreement: 1._ If Hauler practices or attempts to practice, any fraud or deceit upon the City or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement; 2. If Hauler becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Hauler in a bankruptcy proceeding; 14 3. If Hauler fails to provide or maintain in full force and effect, the workers compensation, liability and indemnification coverage as required by the Agreement; 4. If Hauler willfully violates any orders or rulings of any regulatory body having jurisdiction over Hauler relative to this Agreement, provided that Hauler may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of the Agreement shall be deemed to have occurred until a final decision adverse to Hauler is entered; 5. If Hauler ceases to provide collection service as required under this Agreement over all or a substantial portion of its Permit Area for a period of seven (7) days or more, for any reason within the control of Hauler; 6. If Hauler willfully fails to make any payments required under the Agreement and/or refuses to provide City with required information, reports and/or test results in a timely manner as provided in the Agreement; 7. Any other act or omission by Hauler which materially violates the terms, conditions or requirements of the Agreement and which is not corrected or remedied within the time set in the written notice of the violation or, if Hauler cannot reasonably correct or remedy the breach within the time set forth in such notice, if Hauler should fail to commence to correct or remedy such vio- lation within the time set forth in such notice and diligently effect such cor- rection or remedy thereafter, SECTION 18. PERMIT TRANSFERABLE; CITY CONSENT REQUIRED A. Right to Transfer The permit granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of Hauler or by operations of law, without the prior written consent of the City expressed by resolution. For purposes of this Agreement, any dissolution, merger, consolidation or other reorganization of Hauler or the sale or other transfer of an accumulative fifty percent (50%) or more of the voting stock shall be deemed an assignment of this Agreement. Any attempt by Hauler to assign this Agreement without the consent of City shall be void. If Hauler attempts to transfer the Agreement prior to obtaining City consent, all of the profits or ten percent (10%) of the Gross Revenues, from the date of attempted transfer until the date of City consent, whichever is greater, shall be returned to the customers, on a pro rata basis. 15 The City shall not unreasonably withhold its consent to a transfer of the permit granted by this Agreement. The City may impose reasonable conditions of approval on a transfer, including, but not limited to conditions requiring the payment of a transfer fee to the City. B. Material Breach Any change in control of Hauler occurring without prior City approval shall constitute a material breach of this Agreement. C. Minimum of Five Haulers City has granted to Blue Barrel Disposal, Santa Clarita Disposal, Atlas Refuse Removal, Crown Disposal, A Trojan Disposal, Rent -A -Bin, Cal Coast Recycling, Larey Rubbish Pick - Up Service, Lopez Rubbish Disposal, AWM Disposal, Hi -Waste Disposal, American Waste Industries, and Empire Disposal (collectively "the Haulers") a semi -exclusive right and privilege to arrange for the collection, transportation, recycling, composting and disposal of municipal solid waste through a Bin Replacement Service Permit, Any of the Haulers may sell or otherwise transfer its semi -exclusive right to a third party or one of the other haulers by seeking consent to do so from the City as provided for in Section 18A (Right to Transfer) and Section 18B (Material Breach) of this Agreement. Provided, however_, that should one of the Haulers seek to sell or otherwise transfer its semi -exclusive right to another of the Haulers, City shall have the right to ensure that there are a minimum of five Haulers throughout the term of this Agreement. Thus, should one or several of the Haulers buy or otherwise acquire the semi -exclusive rights of the remaining Haulers, so that less than five Haulers remain, City may at the sole discretion of the City Council grant another semi - exclusive right on the same terms and conditions of this Agreement to another hauler. SECTION 19. PERMIT TRANSFER; FEES Any application for a permit transfer shall be made in a manner prescribed by the Director of Public Works. The application shall include a transfer fee in an amount to be set by City by Resolution of the City Council, to cover the anticipated cost of all direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse City for all direct; and indirect expenses. In addition, Hauler shall reimburse the City for all consultants', attorneys,' and staff costs not covered by the transfer fee not to exceed five thousand dollars ($5,000). City's request for reimburse- ment shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. SECTION 20. GENERAL PROVISIONS A. AB 939 This Agreement is part of the City's efforts to comply with the provisions of the California Integrated Waste Management Act of 1989, ("AB 939") as it from time -to -time may be amended and as implemented by the regulations of the California Integrated Waste Manage- • 16 ment Board ("Regulations"), as they from time to time may be amended, and the City's Source Reduction and Recycling Element, as it may be amended from time to time. In the event that AB 939 or other state or federal laws or regulations enacted after this Agreement has been executed, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. B. Amendment Except as otherwise provided in this Agreement, no other amendment of this Agreement shall ,be valid unless in writing duly executed by the parties. C. Failure to Report The refusal or failure of Hauler to file any of the reports required, or to provide required information to City, or the inclusion of any false or intentionally misleading statements or representations by Hauler in such report shall entitle the City to all remedies specified in this Agreement. D. Force Majeure Hauler shall not be in default under this Agreement in the event that .be collection, transpor- tation, recycling, composting, and disposal services of Hauler are temporarily interrupted for any of the following reasons: riots, war or national emergency declared by the President or Congress and affecting the City of Santa Clarita, sabotage, civil disturbance, insurrection, explosion, natural disasters such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances; or other catastrophic events which are beyond the reasonable control of Hauler. "Other catastrophic events" does not include the financial inability of Hauler to perform or failure of Hauler to obtain any necessary pen -nits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure occurs despite the exercise of reasonable diligence by Hauler. E. Identification Required Hauler shall provide its employees and representatives with identification for all individuals who may make personal contact with the public. Identification shall include but is not limited to badges, uniforms, hats or business cards. Bins shall be labeled with the company name and phone number in print size of at least three (3) inches. F. Independent Contractor Hauler is an independent contractor and not an officer, agent, servant or employee of City. Hauler is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Hauler_ Neither Hauler nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. 17 G. Joint Drafting This Agreement was drafted jointly by the parties to this Agreement. H. Law to Govern; Venue The law of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court exclusive venue shall lie in the Central District of California. I. Pavement Damage Hauler shall be responsible for any extraordinary damage to City's driving surfaces, whether or not paved, resulting from the illegal weight of vehicles providing municipal solid waste collection services at the location of bins and containers on public property. This Agreement does not purport to affect in any way Hauler's civil liability to any third parties. J. Property Damage Any physical damage caused by the negligent or willful acts or omissions of employees of Hauler to public property shall be repaired or replaced by Hauler at Hauler's sole expense. This Agreement does not purport to affect, in any way, Hauler's civil liability to any third parties. K. Reasonable Determinations Where any provision of this Agreement requires the consent or approval of either party, such consent or approval shall not be unreasonably or arbitrarily withheld. Where any provision of this Agreement requires the action of either party, such action must be reasonable in nature. L. Right of Entry Hauler shall have the right, until receipt of written notice revoking permission to pass is delivered to Hauler, to enter or drive on any private streets, court, place, easement or other private property for the purpose of collecting or transporting municipal solid waste pursuant to this Agreement. M. Savings Clause and Entirety If any non -material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. 18 N. Submittal of Reports Reports shall be submitted to: Director of Public Works City of Santa Clarita 25663 Avenue Stanford Santa Clarita, California 91355 O. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by telecopier or United States certified mail, postage prepaid, return receipt requested, addressed as follows:' To City: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite. 300 Santa Clarita, California 91355 Telecopier Number (805) 259-8125 Copy to: Director of Public Works/Integrated Waste Management Coordinator City of Santa Clarita 25663 Avenue Stanford Santa Clarita, California 91355 Telecopier Number (805) 294-2517 And to: City Attorney City of Santa Clarita c/o Burke, Williams & Sorensen 611 West 6th Street, 25th Floor Los Angeles, CA 90017 Telecopier Number (213) 236-2700 To (hauler Name) Telecopier Copy to: Hauler's Attorney or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or sent by telecopier or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. 19 ` WITNESS the execution of this Agreement on the day and year written above. ATTEST: Donna M. Grindey, City Clerk APPROVED AS TO FORM: Carl Newton, City Attorney CITY OF SANTA CLARITA George Pederson, Mayor CITY OF SANTA CLARITA LIM George Caravalho, City Manager HAULER COMPANY NAME 20 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) On before me personally appeared personally known to me or proved to be the person who executed the within instrument entitled AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND ( ) FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSAL OF MUNICIPAL SOLID WASTE THROUGH A BIN REPLACEMENT SERVICE PERMIT on behalf of , a California corporation, and acknowledged to me that such execution was pursuant to its bylaws or a resolution of its board of directors. DATE: CORPORATESEAL 21