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HomeMy WebLinkAbout2013-10-22 - AGENDA REPORTS - RESIDENTIAL SOLID WASTE RESOS (4)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 2 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: October 22, 2013 Travis Lange RESOLUTIONS CONSENTING TO ASSIGNMENT OF A RESIDENTIAL SOLID WASTE SERVICE FRANCHISE AGREEMENT FROM THE COUNTY OF LOS ANGELES TO THE CITY OF SANTA CLARITA FOR ANNEXED AREAS (COPPERSTONE, ELSMERE CANYON, NORTH COPPER HILL, SOLEDAD COMMONS, VISTA CANYON/FAIR OAKS/JAKES WAY, SOUTH SAND CANYON AND NORLAND/ROBINSON RANCH), THE EXECUTION OF AGREEMENTS FOR COMMERCIAL AND TEMPORARY BIN SERVICE FOR ANNEXED AREAS, AND THE ADOPTION OF RESOLUTIONS AMENDING THE COMMERCIAL AND RESIDENTIAL FRANCHISE AGREEMENTS FOR SOLID WASTE COLLECTION SERVICES ALLOWING THE HAULERS TO TAKE WASTE TO ANY LANDFILL PERMITTED BY THE STATE OF CALIFORNIA TO ACCEPT MUNICIPAL SOLID WASTE Public Works RECOMMENDED ACTION City Council: 1. Adopt a resolution to consent to an assignment of the County of Los Angeles' Exclusive Franchise Agreement for residential solid waste collection services with Burrtec Waste Industries, Inc., to continue to provide services to the City of Santa Clarity (City) in the newly annexed areas. 2. Adopt a resolution to amend the Exclusive Franchise Agreement for residential solid waste collection services between the County of Los Angeles (County) and Burrtec Waste Industries, Inc., to make it more consistent with the City's existing franchise in other areas of the City. The amendmenf will become effective upon the County approving and executing the assignment agreement with the City. The City will effectively adopt the existing County Non -Exclusive Franchise Agreement with certain amendments including lowering residential trash rates. � cpic 44 )a tiros. ►3 �'�,1 �-��, 3. Adopt a resolution to enter into Non -Exclusive Franchise Agreements for commercial solid waste collection and temporary bin service for the newly annexed areas with three companies that currently provide such service to these areas pursuant to a non-exclusive franchise with the County, Burrtec Waste Industries, Inc., Consolidated Disposal Service LLC (Consolidated), and USA Waste of California dba Waste Management and Blue Barrel. Further, authorize the City Manager or designee to execute similar contracts with any additional commercial haulers who may assert continuation rights and after it is determined that they are eligible to assert such rights pursuant to the provisions of the Public Resources Code, provided that the contracts are substantially similar to those approved for Burrtec, Consolidated, and USA Waste. 4. Adopt a resolution for the Third Amendment to the Amended and Restated Agreement between the City and USA Waste of California, Inc. dba Blue Barrel, for residential solid waste management services allowing Blue Barrel to use any landfill permitted by the State of California that accepts municipal solid waste. 5. Adopt a resolution for the Second Amendment to the Amended and Restated Agreement between the City and Burrtec Waste Industries, Inc., for commercial solid waste management services allowing Burrtec Waste Industries, Inc., to use any landfill permitted by the State of California that accepts municipal solid waste. 6. By motion determined that the aforementioned actions are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15061 of the CEQA guidelines. 7. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. BACKGROUND During 2012 and 2013, the City annexed seven areas from the County. These areas include Copperstone, Elsmere Canyon, North Copper Hill, Soledad Commons, Vista Canyon/Fair Oaks/Jakes Way, South Sand Canyon, and Norland/Robinson Ranch. In these areas, residents living in single-family homes and multifamily complexes with less than four units receive solid waste collection services from Burrtec Waste Industries, Inc. (Burrtec), who has an existing Exclusive Residential Franchise Agreement with the County (County Residential Franchise). Currently, businesses and multifamily dwellings with greater than four units may choose solid waste collection services from providers who have a Non -Exclusive Franchise Agreement to provide such commercial services to the County (County Commercial Franchise), which includes Burrtec, Consolidated, and Waste Management. Temporary bin and roll -off services are included as part of the County Commercial Franchise. The City intends to take over the administration of the solid waste services for the annexed areas to be consistent with the City's current practices. However, pursuant to Public Resources Code sections 49520 and 49521, the existing commercial providers in the newly annexed areas have the right to continue commercial services in the annexed areas for a period of five years from the annexation dates. In addition, Burrtec has the right to continue residential trash services to the Z annexed areas pursuant to its County Residential Franchise for the remainder of the term of such agreement. These rights to continue services after annexation into the City are referred to as "continuation rights." Burrtec notified the City on August 14, 2012, of its intention to exercise its continuation rights in the newly annexed residential areas for the remainder of the term in the County Residential Franchise, which expires October 31, 2015. After October 31, 2015, Waste Management, the City's current residential waste service provider, will take over services in these areas. Regarding commercial services, Consolidated, Burrtec, and Waste Management notified the City of their intention to exercise their continuation rights for commercial services, which allows them to continue to provide services in the annexed areas for five years from the annexation dates. Staff recommends adopting a resolution consenting to an assignment of the City to take over the administration of the County Residential Franchise for the annexed areas for the remainder of the term, and a resolution allowing the City to amend the County Residential Franchise to be consistent with the City's existing services. The amendments to the County Residential Franchise will do the following: • Lower residential trash rates from $22.39 to $20.19 and make the rate adjustment methodology consistent with the rate structure in place with Waste Management for other areas of the City. • Update the indemnification and insurance language. • Change the franchise fees to be consistent with the fees in the City. • Require Burrtec to provide a transition plan six months prior to the termination of the Franchise Agreement detailing how service will be transitioned to Waste Management, the City's current exclusive residential provider. • Allow Burrtec to comingle residential routes in the newly annexed areas with the adjacent unincorporated County areas. Burrtec will be required to use standard industry practices to accurately allocate disposal tonnages to each jurisdiction, so the City is only credited for residential waste generated within its boundaries. • Make clear the franchisee's rights and obligations with regard to future annexed areas will take effect immediately and terminate five years from the date that Local Agency Formation Commission approves such annexations. City staff is working with the County to coordinate the assignment of the franchise agreement. Pending approval of the assignment by the City Council, the Los Angeles County Board of Supervisors is scheduled to hear and vote on the assignment of the County Residential Franchise at a future meeting in 2013. The amendments to the County Residential Franchise, described above, will become effective upon the execution of the assignment by the County. For any future annexed areas, the assignment and amendments will take effect immediately upon finalization of such annexations. Staff also recommends adopting a third resolution to enter into Non -Exclusive Franchise Agreements with the three solid waste providers, Burrtec, Waste Management, and Consolidated. All three providers have Non -Exclusive Franchises with the County to provide commercial services in the annexed areas and have asserted their continuation rights to continue to do so for the next five years. The proposed Non -Exclusive Franchise Agreement is nearly identical to the existing County agreement with Burrtec, Waste Management, and Consolidated, except for certain amendments which will make it more consistent with the City's existing commercial services. Similar to the amendments of the County Residential Franchise, these amendments include: • Updating the indemnification and insurance protections. • Changing the franchise fee to be consistent with what is charged in other parts of the City. • Requiring the haulers to prepare transition plans. • Setting a firm service termination date. • Competitive rates amongst the commercial haulers. The adoption of these agreements with these amendments will allow the City to oversee the provision of commercial services in the annexed areas and make such services more consistent with the existing level of service in the City. The agreements will also require the providers to comply with the City's existing franchise agreement for temporary bin and roll -off services, resulting in complete uniformity of standards for all temporary bin and roll -off service providers. It is possible that additional commercial haulers will assert continuation rights within the annexed areas because provision of those services within the unincorporated areas is non-exclusive. The California Public Resources Code sets forth the requirements for entitlement to such continuation rights. If any additional haulers assert such rights, and they meet the requirements of the Public Resources Code, they would be entitled to the same agreements as Burrtec, Waste Management, and Consolidated. To expedite transition of such franchises from the County to the City, it is recommended that the City Manager be authorized to sign agreements with any such haulers that assert continuation rights in the future. City staff is also recommending the City Council adopt two resolutions amending the City's Commercial and Residential Franchise Agreements to broaden the list of disposal facilities (landfills) where haulers may take waste. The proposed amendments came as part of discussions with the haulers to address the potential increases in disposal costs due to the closure of Puente Hills Landfill scheduled for October 31, 2013. The landfill currently is permitted to accept up to 13,000 tons of waste per day. When the landfill closes at the end of the month, it will cause a significant decrease in landfill capacity countywide. Allowing the City's haulers more flexibility as to where they take their waste will allow them to negotiate competitive rates. 0 Allowing the franchised haulers to expand their disposal options is consistent with six other benchmark cities. Staff surveyed Oxnard, Palmdale, Lancaster, Thousand Oaks, Pasadena, and Calabasas. The cities of Burbank and Glendale were not surveyed, as they own their own landfills, which accept waste exclusively from their jurisdiction. All of the aforementioned actions are exempt from CEQA in that assumption of the existing franchise agreements within the newly annexed areas will not result in any change to the environment. Further, with respect to the amendments to the City's existing franchise agreements for commercial and residential solid waste, in accordance with Section 15061(b)(3), these amendments are exempt from CEQA. The current franchise hauler agreement identifies landfill sites for haulers to use as a part of the agreement. The proposed amendment to the franchise hauler agreement would include sites that are anticipated to have similar impacts to those previously considered. Further, practical constraints, including but not limited to the cost of transport, will restrict the hauling distance to sites in the surrounding area with similar impacts to those previously considered. Therefore, no further consideration under CEQA is required. ALTERNATIVE ACTIONS Other action as determined by the City Council FISCAL IMPACT As a result of the haulers servicing the newly annexed areas, the City's general fund will receive additional revenue from the franchise fees. Based on 10 percent of the gross receipts, it is anticipated $106,352 in revenue will be collected annually. ATTACHMENTS Resolution - Burrtec Assignment Agreement Resolution - Amendments to the Burrtec Assignment Agreement Attachment to Burrtec Assignment Agreement and Amendment Resolutions available in the City Clerk's Reading File Resolution - Commercial Haulers Exhibit A to Commercial Haulers Resolution available in the City Clerk's Reading File Exhibit B to Commercial Haulers Resolution available in the City Clerk's Reading File Exhibit C to Commercial Haulers Resolution available in the City Clerk's Reading File Burrtec Continuation Rights Letter Blue Barrel Landfill Request Letter Burrtec Landfill Request Letter Resolution - Amending Blue Barrel Franchise Agreement Attachment to Resolution Amending Blue Barrel Franchise Agreement Resolution - Amending Burrtec Franchise Agreement Attachment to Resolution Amending Burrtec Franchise Agreement 5 RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ACCEPTING THE ASSIGNMENT OF A RESIDENTIAL SOLID WASTE SERVICE FRANCHISE AGREEMENT FROM THE COUNTY OF LOS ANGELES TO THE CITY OF SANTA CLARITA FOR CERTAIN ANNEXED PROPERTIES. WHEREAS, On October 30, 2008, Burrtec Waste Industries, Inc. ("Burrtec"), entered into an exclusive franchise agreement with the County of Los Angeles ("County") for the collection of refuse, recyclables, and green waste at residential premises and certain multifamily commercial premises for the service area of certain unincorporated portions of the Santa Clarita Valley. WHEREAS, The City of Santa Clarita ("City") has an entirely separate franchise agreement with a different hauler to provide exclusive solid waste handling services for residential and multifamily premises within the incorporated boundaries of the City. WHEREAS, The City recently completed annexations of certain portions of unincorporated land from the County into the City. WHEREAS, Pursuant to Public Resources Code section 49520, Burrtec is entitled to continue to provide services to the annexed areas until the termination of its franchise agreement with the County, which expires on October 31, 2015. After that time, the City may transition the provision of services for the annexed areas to its existing exclusive provider. WHEREAS, The City and County have agreed to assign the County's franchise with Burrtec to the City, so the City may enforce the provisions of it for the duration of its term, as well as collect the required franchise fees. NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Franchise Assignment. The City Council hereby agrees and consents to the assignment of the Exclusive Franchise Agreement for residential solid waste handling services between the County of Los Angeles and Burrtec, dated November 1, 2008, with regard to the newly annexed areas of Copperstone, Elsmere Canyon, North Copper Hill, Soledad Commons, Vista Canyon/Fair Oaks/Jakes Way, South Sand Canyon, and Norland/Robinson Ranch from the County to the City. The City hereby assumes all the rights and obligations of the County in such assigned franchise agreement. The Mayor and/or City Manager is authorized to execute the assignment agreement on behalf of the City and the assignment agreement is hereby approved. The assignment agreement is attached to this Resolution. SECTION 2. Effective Date. This resolution will take effect immediately upon adoption. Z SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 22nd day of October, 2013. ATTEST: INTERIM CITY CLERK DA' MAYOR 2 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA) I, Armine Chaparyan, Interim City Clerk of the City of Santa Clarita, do 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 22nd day of October 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: INTERIM CITY CLERK I RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING A RESIDENTIAL SOLID WASTE SERVICE FRANCHISE AGREEMENT THAT WAS ASSIGNED FROM THE COUNTY OF LOS ANGELES TO THE CITY OF SANTA CLARITA FOR CERTAIN ANNEXED PROPERTIES. WHEREAS, On October 30, 2008, Burrtec Waste Industries, Inc. ("Burrtec") entered into an exclusive franchise agreement with the County of Los Angeles ("County") for the collection of refuse, recyclables, and green waste at residential premises and certain multifamily commercial premises for the service area of certain unincorporated portions of the Santa Clarita Valley. WHEREAS, The City of Santa Clarita ("City") has an entirely separate franchise agreement with a different hauler to provide exclusive solid waste handling services for residential and multtfamily premises within the incorporated boundaries of the City. WHEREAS, The City recently completed annexations of certain portions of unincorporated land in the County into the City. WHEREAS, Pursuant to Public Resources Code section 49520, Burrtec is entitled to continue to provide services to the annexed areas until the termination of its franchise agreement with the County, which expires on October 31, 2015. After that time, the City is required to transition the provision of services for the annexed areas to its existing exclusive provider. WHEREAS, The City and County are in the processing of assigning the County's franchise with Burrtec to the City so the City may enforce the provisions of it for the duration of its term, as well as collect the required franchise fees. WHEREAS, The City and Burrtec desire to amend the assigned franchise agreement between the City and Burrtec to make it more consistent with the City's existing franchise for such services in other areas of the City and allow for easier administration of the assigned franchise agreement by the City. NOW THEREFORE, the City Council of the City of Santa Clarita resolves as follows: SECTION 1. Franchise Amendment. The City Council hereby approves and authorizes the amendment of the Exclusive Franchise Agreement for residential solid waste handling services between the City and Burrtec, that concerns the newly annexed areas of Copperstone, Elsmere Canyon, North Copper Hill, Soledad Commons, Vista Canyon/Fair Oaks/Jakes Way, South Sand Canyon, and Norland/Robinson Ranch, effective upon upon the execution by the County of the assignment agreement between the County and the City. The Mayor and/or City Manager is authorized to execute the amendment on behalf of the City and the amendment is hereby approved. The amendment is attached to this Resolution, 0 SECTION 2. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 22nd day of October, 2013 MAYOR ATTEST: INTERIM CITY CLERK DATE: 10 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA) I, Armind Chaparyan, Interim City Clerk of the City of Santa Clarita, do 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 22nd day of October 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: INTERIM CITY CLERK RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING THE CITY OF SANTA CLARITA TO ENTER INTO A COMMERCIAL SOLID WASTE SERVICE FRANCHISE AGREEMENT WITH THREE SOLID WASTE SERVICE PROVIDERS FOR CERTAIN ANNEXED PROPERTIES. WHEREAS, Burrtec Waste Industries, Inc., (`Burrtec"), Consolidated Disposal Service LLC ("Consolidated"), and USA Waste of California, dba Waste Management ("Waste Management") all provide commercial solid waste collection services pursuant to nonexclusive franchise agreements with the County of Los Angeles ("County") for certain unincorporated portions of the Santa Clarita Valley. The County nonexclusive franchise allows the providers to serve multifamily units. WHEREAS, The City of Santa Clarita ("City") recently completed annexations of certain portions of unincorporated land in the County into the City. WHEREAS, The City has an entirely separate exclusive franchise agreement with Burrtec to provide commercial solid waste handling services, but not including service.for multifamily waste collection, within the incorporated boundaries of the City and desires to have Burrtec provide such services in the newly annexed areas pursuant to the existing exclusive franchise agreement. The City has also approved several non-exclusive franchises for temporary and roll -off bin service within the City. WHEREAS, Pursuant to Public Resources Code section 49520, Burrtec, Consolidated, and Waste Management have the right to continue to provide solid waste handling services for commercial enterprises in the newly annexed areas for a period of five years from the date the City annexes those areas ("continuation rights"). WHEREAS, Pursuant to Public Resources Code section 49521, Burrtec, Consolidated, and Waste Management must provide such continued solid waste handling services in the annexed areas in substantial compliance with the terms and conditions of the County franchise agreement and must meet the quality and frequency of service that is provided by the City in the City's incorporated areas for such similar service. WHEREAS, The City, Burrtec, Consolidated, and Waste Management desire to enter into agreements whereby Burrtec, Consolidated, and Waste Management will provide solid waste handling services to commercial enterprises in the newly annexed areas in compliance with the terms and conditions of the existing County franchise agreement, with certain amendments to be more consistent with the City's existing exclusive agreement with Burrtec, for the five-year period in which the three providers are allowed to continue to provide such services. Such an agreement will facilitate administration and enforcement of the services by the City during this continuation rights period. WHEREAS, Burrtec is exercising its continuation rights, rather than simply complying with its existing exclusive franchise agreement with the City for the newly annexed areas. The continuation rights allow Burrtec to provide service to multifamily units, and Burrtec does not have such rights under its existing exclusive franchise agreement with the City. WHEREAS, Burrtec, Consolidated, and Waste Management are the only companies that have asserted commercial continuation rights to date, although staff believes there may be other solid waste companies with non-exclusive County franchise agreements providing services in the annexed areas that may assert continuation rights for those areas in the future. NOW THEREFORE, the City Council of the City of Santa Clarita resolves as follows: SECTION 1. Non -Exclusive Franchise Agreement with Burrtec. The City Council hereby approves and authorizes the City to enter into a non-exclusive franchise agreement with Burrtec to provide solid waste handling services to commercial enterprises in the newly annexed areas of Copperstone, Elsmere Canyon, North Copper Hill, Soledad Commons, Vista Canyon/Fair Oaks/Jakes Way, South Sand Canyon, and Norland/Robinson Ranch. The Mayor and/or City Manager is authorized to execute the agreement on behalf of the City, and the agreement is hereby approved. The Burrtec agreement is attached as Exhibit A to this resolution. SECTION 2. Non -Exclusive Franchise Agreement with Consolidated. The City Council hereby approves and authorizes the City to enter into a non-exclusive franchise agreement with Consolidated to provide solid waste handling services to commercial enterprises in the newly annexed areas of Copperstone, Elsmere Canyon, North Copper Hill, Soledad Commons, Vista Canyon/Fair Oaks/Jakes Way, South Sand Canyon, and Norland/Robinson Ranch. The Mayor and/or City Manager is authorized to execute the agreement on behalf of the City, and the agreement is hereby approved. The Consolidated agreement is attached as Exhibit B to this Resolution. SECTION 3. Non -Exclusive Franchise Agreement with Waste Management. The City Council hereby approves and authorizes the City to enter into a non-exclusive franchise agreement with Waste Management to provide solid waste handling services to commercial enterprises in the newly annexed areas of Copperstone, Elsmere Canyon, North Copper Hill, Soledad Commons, Vista Canyon/Fair Oaks/Jakes Way, South Sand Canyon, and Norland/Robinson Ranch. The Mayor and/or City Manager is authorized to execute the agreement on behalf of the City and the agreement is hereby approved. The Waste Management agreement is attached as Exhibit C to this Resolution. SECTION 4. Delegation of Authority to the City Manager. Pursuant to Santa Clarita Municipal Code section 15.44.305, the City Council hereby delegates the authority to the City Manager to award commercial, temporary bin, and roll -off service franchise agreements with any solid waste companies who currently have non-exclusive County franchise agreements for those services within the annexed areas, provided that such companies establish they are entitled to continuation rights within the annexed areas and provided such franchises are consistent with the terms of the other agreements approved pursuant to this Resolution. 0 SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 22nd day of October 2013. MAYOR ATTEST: INTERIM CITY CLERK DATE: lq STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Armind Chaparyan, Interim City Clerk of the City of Santa Clarita, do 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 22nd day of October 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: INTERIM CITY CLERK 15 ANkBURRTE WWASTE INDUSTRIES, INC. "We'll Take Care Of It" May 31, 2012 Mr. Travis Lange City of Santa Clarita 23920 Valencia Blvd Santa Clarita, CA 91355 RE: Pending City of Santa Clarita Annexations Dear Mr Lange: We are in receipt of your letter dated May 1, 2012, regarding the pending City of Santa Clarita annexations. As previously communicated, Burrtec will exercise its continuation rights with the residential serviced customers that are to be annexed by the City of Santa Clarita. The areas include the following communities and corresponding residential customers: Copperstone (421 residences), Elsmere Canyon (0 residences), Soledad Commons (0 residences), and Vista Canyon/Fair Oaks (1354 residences). In our ongoing partnership with the City, Burrtec will provide the affected residents with solid waste and recycling collection services that substantially comply with those offered under the City's franchise -at -rates established-by-theCity of-SantaClarita City Coundil Furthermore—Burttec will meet the quality and frequency of services as required in the City's franchise and will be operating altemative fuel collection vehicles. The new rates will be effective July 1, 2012, with a credit appearing on customer billings in the August -September invoices. The credit will be $2.25 for standard service and $0.72 for the senior discount service. A collection service program newsletter will be mailed with the August invoices and include confirmation of the annexation and its impact on the residential solid waste and recycling collection programs and related costs and discounts. Attached please find a draft of the communication for City review and comment. Rest assured that our intent is to provide a seamless transition for our customers while providing the benefits under the City's residential program including the reduced rates. Please contact me if you have any questions regarding the annexation plan or the transition plan timeline as previously submitted. Thank you. Sincerely, Richard Niflo Director Municipal Services 9890 Cherry Avenue • Fontana, California 92335 • 909-429-4200 • FAX 909-429-4290 IV W"W MAI GE.9. September 23, 2013 Mr. Travis Lange Environmental Services Manager City of Santa Clarita 23920 Valencia Blvd., #300 Santa Clarita, CA 91355-2196 Dear Mr. Lange: RE: City Approved Disposal Sites WASTE MANAGEMENT OF ANTELOPE VALLEY PO Box 4040 M1lhndnle. CA 93590 (661) 947-7197 (661)274.4289 Fax With the closure of Puente Hills Landfill, WM appreciates the opportunity to submit additional disposal sites for your consideration. We respectfully request the addition of the following disposal sites to approved sites listed in Section 4.9 of the Amended and Restated Agreement between City of Santa Clarita and USA Waste of California, Inc. DBA Blue Barrel Disposal for Residential Solid Waste Management Services, dated May 2012. Azusa Transfer and MRF 1501 W Gladstone Azusa, CA 91702 Sun Valley Recycling Park 9227 Tujunga Ave. Sun Valley, CA 91352 If you have any questions, please don't hesitate to contact me at 661-312-2538. We appreciate being able to provide service to the City of Santa Clarita and for the opportunity to "Think Green' by effectively managing material that is generated in your city. Sincerely, J is ne Haness Can act Compliance Manager CC. Sandra Pursiey, Municipal Marketing Manager Kristi C, District Manager Bill Minnis, Operations Director From everyday collection to environmental protection, Think Green¢ Think Waste Management. ® PrvON en 1006 wu muunn rmrlNpopr 11 BURRTEC "We'll Take Care Of It" September 19, 2013 Robert Newman City of Santa Clarita 23920 Valencia Blvd Santa Clarita California 91355 RE: Santa Clarita Valley Landfills Dear Mr. Newman, Burrtec Waste Industries would like to amend section 4.8 of the Restated Agreement between the City of Santa Clarita and Burrtec Waste Industries, Inc, for Commercial Solid Waste Management Services Dated November 20, 2003, and Revised April 2012. This section currently reads as follows: 4.8 Disposal of Refuse - Disposal Site The Company shall dispose of all Refuse Collected under Section 4.1 at the Disposal Site. Unless and until the City otherwise obtains ownership of the Solid Waste stream, or unless otherwise approved by City, the primary Disposal Sites used by Company shall be the Antelope Valley Public Landfill, owned and operated by Waste Management, Inc., and the Chiquita Canyon Landfill, owned and operated by Waste Connections." This section limits the utilization of landfills to only one of the two local Santa Clarita Valley landfills. The other landfill is in the Antelope Valley. In the near future this will impose an unbeneficial constraint. On October 31, 2013, the Puente Hills Landfill is projected to close. As a result of this closure approximately 6,000 to 8,000 tons per day generated in the Los Angeles basin will be displaced. This, more than likely, will have an adverse effect on the local landfills here in the Santa Clarita Valley. These changes will impact future operational cost, including tipping fees, which pursuant to the franchise may be passed along to the ratepayers. This amendment is requested to allow the greatest flexibility in negotiating the most cost effective rates, Thank you, 4 Dennis Verner Division Manager 26000 Springbrook Avenue, Unit 101, Saugus CA 91350 Vol RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC., DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT 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 November 20, 2003, the City and USA Waste of California, Inc., (Blue Barrel) entered into that certain "Agreement Between the City of Santa Clarita and USA Waste of California, Inc., for Residential Solid Waste Management Services" (the Agreement); and WHEREAS, on May 24, 2011, the City and Blue Barrel entered into that certain "Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc., for Residential Solid Waste Management Services" (the Agreement); and WHEREAS, the closure of Puente Hills Landfill on October 31, 2013 will significantly reduce landfill capacity in Los Angeles County and impact landfill disposal rates in the future so it is necessary to provide additional flexibility in the agreement to allow Blue Barrel to minimize impacts to rate payers; and WHEREAS, pursuant to Section 4.9 of the Agreement, Blue Barrel currently has a defined set of permitted solid waste facilities they are eligible to take municipal solid waste from the City; and WHEREAS, the amendment to the Agreement is considered a project under the California Environmental Quality Act (CEQA). NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The amendment to the Agreement is considered a project under the CEQA and is exempt in accordance with Section 15061(b)(3). The current franchise hauler agreement identifies landfill sites for haulers to use as a part of the agreement. The proposed Iq amendment to the franchise hauler agreement would include sites that are anticipated to have similar impacts to those previously considered. Further, practical constraints, including but not limited to the cost of transport, will restrict the hauling distance to sites in the surrounding area with similar impacts to those previously considered. Therefore, no further consideration under CEQA is required SECTION 2. The Third Amendment to the Amended and Restated Agreement between the City and Blue Barrel for Residential Solid Waste Management Services is attached SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 22nd day of October 2013. MAYOR UNSHRU INTERIM CITY CLERK IPIN $3 20 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Armine Chaparyan, Interim City Clerk of the City of Santa Clarita, do 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 22nd day of October 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: INTERIM CITY CLERK 21 THIRD AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARTTA AND USA WASTE OF CALIFORNIA, INC., DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES This THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA INC., DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES, (Third Amendment) is entered into this day of 2013, between the City of Santa Clarita, California, (City) a California municipal corporation and USA Waste of California, Inc., dba Blue Barrel Disposal, (Blue Barrel) a California corporation to amend that certain "Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc., dba Blue Barrel Disposal, for Residential Solid Waste Management Services" (the Agreement), dated May 24, 2011. RECITALS 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 November 20, 2003, the City and Blue Barrel entered into that certain "Agreement Between the City of Santa Clarita and USA Waste of California, Inc., dba, Blue Barrel Disposal, for Residential Solid Waste Management Services" (the Agreement); and WHEREAS, on May 24, 2011, the City and Blue Barrel entered into that certain "Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc., dba, Blue Barrel Disposal for Residential Solid Waste Management Services" (the Agreement); and WHEREAS, pursuant to Section 4.9 of the Agreement, Blue Barrel has a defined set of solid waste facilities they are eligible to take municipal solid waste to from the City; and WHEREAS, the closure of Puente Hills Landfill will reduce the landfill capacity in Los Angeles County and impact landfill disposal rates in the future so it is necessary to 2� provide additional flexibility in the agreement to allow Blue Barrel to minimize impacts to rate payers. NOW, THEREFORE, the City and Blue Barrel, in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Section 4.9 of the Agreement is hereby amended in its entirety to read as follows. 4.9 Disposal of Refuse The Company shall dispose of all Refuse Collected under Section 4.1 at the Disposal Site. Unless and until the City otherwise obtains ownership of the Solid Waste stream, or unless otherwise approved by City, the Disposal Site shall be a permitted disposal site within the State of California. (Signatures on next page) 2� IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Bob Kellar Mayor ATTEST: Armine Chaparyan Interim City Clerk APPROVED AS TO FORM: Joseph M. Montes City Attorney 24 USA WASTE OF CALIFORNIA, INC., DBA BLUE BARREL DISPOSAL M [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 Iraw Name and Title of the Officer personally appeared Name(s) of Signer(s) Place Notary Seal Above 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. 4 Signature of Notary Public 25 RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT 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 November 20, 2003, the City and Burrtec Waste Industries, Inc., (Burrtec) entered into that certain "Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services" (the Agreement); and WHEREAS, on May 24, 2011, the City and Burrtec entered into that certain "Amended and Restated Agreement between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services" (the Agreement); and WHEREAS, the closure of Puente Hills Landfill on October 31, 2013, will significantly reduce landfill capacity in Los Angeles County and impact landfill disposal rates in the future so it is necessary to provide additional flexibility in the agreement to allow Burrtec to minimize impacts to rate payers; and WHEREAS, pursuant to Section 4.8 of the Agreement, Burrtec currently has a defined set of permitted solid waste facilities that are eligible to take municipal solid waste from the City; and WHEREAS, the amendment to the Agreement is considered a project under the California Environmental Quality Act (CEQA). NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The amendment to the Agreement is considered a project under the CEQA and is exempt in accordance with Section 15061(b)(3). The current franchise hauler agreement identifies landfill sites for haulers to use as a part of the agreement. The proposed amendment to the franchise hauler agreement would include sites that are anticipated to have similar impacts to those previously considered. Further, practical constraints, including but not 2� limited to the cost of transport, will restrict the hauling distance to sites in the surrounding area with similar impacts to those previously considered. Therefore, no further consideration under CEQA is required. SECTION 2. The Second Amendment to the Amended and Restated Agreement between the City and Burrtec for Commercial Solid Waste Management Services is attached. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 22nd day of October 2013. �� ATTEST: INTERIM CITY CLERK DATE: 21 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Armind Chaparyan, Interim City Clerk of the City of Santa Clarita, do 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 22nd day of October 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: INTERIM CITY CLERK MF SECOND AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES This SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARrrA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES, (Second Amendment) is entered into this day of 2013, between the City of Santa Clarita, California, (City) a California municipal corporation and Burrtec Waste Industries, Inc., (Burrtec) a California corporation to amend that certain "Amended and Restated Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services" (the Agreement), dated May 24, 2011. 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 November 20, 2003, the City and Burrtec entered into that certain "Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services" (the Agreement); and WHEREAS, on May 24, 2011, the City and Burrtec entered into that certain "Amended and Restated Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services" (the Agreement); and WHEREAS, pursuant to Section 4.8 of the Agreement, Burrtec has a defined set of solid waste facilities they are eligible to take municipal solid waste to from the City; and WHEREAS, the closure of Puente Hills Landfill will reduce the landfill capacity in Los Angeles County and impact landfill disposal rates in the future so it is necessary to provide additional flexibility in the agreement to allow Burrtec to minimize impacts to rate payers. 2q NOW, THEREFORE, the City and Burrtec in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Section 4.8 of the Agreement is hereby amended in its entirety to read as follows. 4.8 Disposal of Refuse The Company shall dispose of all Refuse Collected under Section 4.1 at the Disposal Site. Unless and until the City otherwise obtains ownership of the Solid Waste stream, or unless otherwise approved by City, the Disposal Site shall be a permitted disposal site with the State of California. (Signatures on next page) C�� IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Bob Kellar Mayor ATTEST: Armine Chaparyan Interim City Clerk APPROVED AS TO FORM: Joseph M. Montes City Attorney LE M State of California County of On Date personally appeared _ Place Notary Seal Above BURRTEC WASTE INDUSTRIES, INC., Un [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] before me, Here Innen Name and Title of [be Officer Name(s) of Signer(.) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public 4 3� FIRST AMENDMENT TO ASSIGNED FRANCHISE AGREEMENT This First Amendment to Assigned Franchise Agreement (the "First Amendment") is entered into as of , 2013 by and between the City of Santa Clarita, a California municipal corporation (the "City") and Burrtec Waste Industries, Inc., a California corporation, ("Franchisee"), who agree as follows: 1. Recitals. This Amendment is made with reference to the following facts and circumstances: (a) On October 30, 2008, Franchisee entered into an exclusive franchise agreement with the County of Los Angeles ("County") for the collection of refuse, recyclables, and green waste at residential premises and certain multifamily commercial premises for the service area of certain unincorporated portions of the Santa Clarita Valley ("County Franchise"). (b) The County Franchise set forth, among other things, the terms and conditions by which Franchisee must collect, transport and dispose of refuse and recyclables, as well as the rates that may be charged and required franchise fees. The termination date of the County Franchise was October 31, 2015. (c) The City has an entirely separate franchise agreement with a different hauler to provide solid waste handling services for residential and multi -family premises within the incorporated boundaries of the City ("City Exclusive Franchise"). (d) In 2012, the City completed annexations of certain portions of unincorporated land in Los Angeles County into the City (the "Annexed Area"). The Annexed Area is described in the attached Attachment A. (e) Pursuant to Public Resources Code section 49520, the City mailed notice to Franchisee on July 30, 2012 that the City intends to contract for exclusive solid waste handling services for residential and certain multi -family premises with another provider for the Annexed Area. (f) Pursuant to Public Resources Code section 49520, Franchisee is entitled to continue to provide services through the County Franchise to the Annexed Area through the end of the term of the County Franchise, which is October 31, 2015. (g) Consequently, the County is assigning the County Franchise to the City ("Assignment") and pursuant to the Assignment, the City is assuming certain rights and obligations of the County under the County Agreement for the duration of the term of the County Franchise (the "Assigned Franchise"). The Assignment, which includes Franchisee's consent, is attached as Attachment B and the Assigned Franchise is attached as Attachment C. (h) The City and Franchisee desire to amend the Assigned Franchise to make certain provisions consistent with the existing City Exclusive Franchise. This will ensure a higher level of uniform service throughout the City and will make it easier for the City to administer the Assigned Franchise. 2. Amendments. The City and the Franchisee agree that the Assigned Franchise is amended as follows: (a) Section 1(D) of the Assigned Franchise concerning franchise fees is deleted and replaced with the attached Attachment D. (b) Section 10 of the Assigned Franchise concerning rates is deleted and replaced with the attached Attac� E• (c) Section 14 of the Assigned Franchise concerning Indemnification and Insurance is deleted and replaced with the attached Attachment F. (d) Section 25 is added to the Assigned Franchise to read as follows: "Franchisee shall submit a detailed transition plan six months prior to the termination on this Agreement that outlines how it intends to ensure that the the her hauler after transion intian fell efficient manner and does tnot impact the provision er 31, 2015 is n of services toCi carried residents." 3. Assicied Franchise Remains ct. Except as Amendmentn' the Assigned Fra ch'seremains unmodified and in amended force and effect. first [Signature Page Follows] IN WITNESS WHEREOF, the Parties enter into this Amendment of the Assigned Franchise as of the date first written above. BURRTEC WASTE INDUSTRIES, INC. 0 CITY OF SANTA CLARITA By: Kenneth W. Striplin City Manager ATTEST: By: Armine Chaparyan Interim City Clerk APPROVED AS TO FORM: By: Joseph M. Montes City Attorney ATTACHMENT A (Annexed Area) ma ATTACHMENT "A" Page 1 of 40 P•4P F AO i ATTACHMENT A I LEGAL DESCRIPTION ANI\TEE�ATIOI�' N0.2010_10 TO TEE CITY OF SAI\TTA CI.ARITA "COPPE&STO?�-p" That Dort on of the Rancho Sas Francisco in the County of Los _-Angeles, State of CaliforLa as shown on map recorded in Book 1 pages 521 and 522, of Patents, in the office of the County Recorder of .said county described' _£ f011owS: Beginning at the pont of interseCtior_ of the de tezline of Copper 7,411 Drive with the ^.a nta=li=e of De00ro' D::ve as shown on' map of ''ra=t No. 48202 filed in Book =25.6 Pages 9 th=ough • 12 inclusive, off Maps,. _"n said office of the County Beco_rder, 'said point be=g on a cure, in said' cenL£r-11_ine of Cgpper_ Hill ,Drive, Concave no=thwesterly having a, radius of 1750. 00 • feet,, a radial line '-hrough said point bear$ No -rt 33012146" West, sa=d.point also being an aagie point on the boundary of the City of Santa Clarita as the same existed on October 14, 2010; fence' (Cl) leaving said boundary of the City of Santa Clarita and northeasterly along said centerline of Copper Rill Dr-ve ' and said curve and along 'the centerline of Copper Hill Drive as shown on map of T=act No. 58202-.0.4 filed in Book 1247 'Pages 55 through 61. inclusive, of said Maps '`.rough a central angle of 27°05120" an. arc distance of 82'7.38 feet to the.point of ir_tersection.of last said centerline with the northwesterly prolongation o -the northeasterly line of Lot 37 of said Tract No. 48202-04; thence (1,2) radiel to said curve and along said prolongation and alorg said northeasterly line South 60018'06" East 127.90 feet to an angle point.. therein; 'hence (i3) along the northwesterly line of said Lot 37 North 73246'19" East 1473.51 feet to the most easter^-y corner of said Lot 37 also being ;he X:\AD.MANORD ?705\L?GALS\SITS\8d00 ZYMKTS\M51 CO?P-.RSTONF.'P. MX 2010-10 E=.DOC .. e ?'( nb theasterly corner of T=act No. 45202-0S as shoji+ on mag .filed in Book ., . 1248 Pages 24 through 33 inc'-usive, of said *fags: thence (14) along .the genera -.easterly boundary of said Tract No. 46202-05 the _allowing 25 courses, `South 15°49'58" East 204.97 feet;thence (15) South 49°23106" East 74.35 feet; thence (L6) South 14°01'34" West 77.56 feet; thence (17) North 83605'11" West 77.10 fee'_; thence (18) South 64°35'06" West 80.82'feet: thence (19) South 09°26'-04" West 7B.56 'feet; t`lenc (110) South 35050133" East 50.72 feet thence (111) South 72°56122" East'6G.99 feet: thence (112) South 669°33139" East 58.92feet; hence (11311 South 36038'59„ East 61.98 feet: taence z la 45 02 .mast 56.66f=_et; hence (L_i_) South ' 1115) South 07°42125" last 73.95 .fast; thEace ., (LIS) South 16°21'36" East 86.43 -feet; thence (3,17) South 05008'45" East '-33.63 feet; thence, (116) Soeth 00'°'05'01 last 76..93 feet: thence (1191 South 03003157" West 128.63 feet; thence (L20) South•29°12'13" West 41.03 feet; thence . (L21) south 52°42'43" West 41.79 feet; `12nce (L22) Sou-�h 43°33128" West 59.61 feet; thence (123) south. 09°21'05" West 182:50 feet: :hence . (124) South 26°39'52".fast 45.35 -feet; thence (L25) South 4.1005'24" fast 66.03 feet; thence (L26) South 33°04'43" East 128.67 feet:'. the -ice (L27) South .27-13133" East 35.05 feet; thence (128) South 05059'53"east 362.09. feet to an angle point in the easterly line of Lot 10 of said Tract No. 48202-05; thence ', (L2 9)- along said easterly line•and its prolongation'Soutt.. 0239'35" West ins of Decoro 49.45 feet to a point of. intersection with the center-! es 151 as shown on map of Parcel. Map No. 24961 filed n Book 288 pag. Y,:\P.DYnI\MORD D0CS\>EGA-S\EYRIBITS\8()00 EX62BIT5\8551 •CO??ERSTCNE, 13WYX 2010-1D ^..+-'.DOC ATTACHMENT"A" Page 3 of 40 (j.31) _long said boundary North 0203913311 Sast 40.00 feet to an angle iroint therein; thence (132) continu_ng along said bounda_zy,,Nor;.h 87°20'25' West 69.99 feetto an angle point therein; thence (133) continuing along said. boundary North 87021130' West 128.32 feet to the beginning of a tangent curve concave northerly 'having a radius of 2560.00 feet; thence (C34), westerly along said boundary. and along last said cu_--ve and all the' northerly line of said Deco --o Drive trough z central angle' of . 18031100" an arc distance of 827.33 feet to an angle point in said boundary;` thence- .. ' (L35) along said boundary and radial to last said curve South 21°09'30" test 40.00 feet to an angle point therein on the centerline of said Decoro Drive'also being a point a= the bey=nninC of- a C'`'ve concave northeasterly having a radii's of 2600.00 feet, to Which .last s=i3 course is radial; thence (r36)_-;:m=t;.hwesterly along said bop dary and lest said cr_--ve and along ' said centerline of Decoro Drive through a central angle of 30`46152" an arc distance of 1396.80 feet; thence (137) along said boundary and tangent to last said ca ---7e North. 38`03'38". West'92.97 feet to the point of beg'nn ng. Containing 68.66 acres, mole or less. LAND s�o W? ND.4652 �l9lF DF CAt\F���\� X:\ADCS1q\WO9D DO'..a\":---.LS\==W—,TS\8000 c' `'-B_T$\8551 COPPMT0,M7 ANNEX 2010-10 =.DOC PORTION OF RANCHO SAN. FRANCISCO BOOK 1, P13i. •521-522, OF PATENTS ejo, I 1 / rann R11 •i . "cnua rMm i m"'• a° wu einu� ., Ap'Sy�lr-ii'I;�,Jsh'�d" .xrnrvx� er nim•.i ion+e rnrnrnn xndonrtn ��rr '� ��� �7"atnV;pXSi rnr,nrme xOwnmcmnrvouaorrmsart Nmm�nw4°rm rn car..rznarm¢_ccrrmna nn"w.na�nnvmw - - __ _ _-- ATTACHMENT "A" Page 4 of 40 ATTACHMENT "A" Page 5 of 40 i s ATTACHMENT A r A'��1'EXATION _NO.2011-03 TO THE CITY OF SANTA CL_ARITA. "ELSMERE CANYON" Those portions of Section 7 and Section 18 L= Township 3 North, Range 15 vest, and :hose portions or Fractional Sections 12 and 13 in Township 3 North, Range 16 West, San Bernardino Meridian, all according to the official Plats thereof, in the ur-ncorporated territory of the County of jos _ngeles, State of Califo_*' a together with that portion of. fie RanchoS Francisco as shown_ on map recorded in Book 1 Pages 521 and 522 of Patents, in the office of the Cou.ty Recorder of said Co>t?ty described as a V41 Ole as follows: Beg ming at the east criarter corner of sad Section 7, said ec_ner .. being a pont On the boon. dart Of the .�'itv Of Santa (.'lcrlta 2S '_'.e S .e. . existed on Ta=aa_ry 11, 201-; _hence (L1j lear_ng said b'ounda_-y and aloma �E easterly line of the southeast auarter of said Section 7 South 00059121" West 2905.63 feet to the northeast corner Of said Section 18; thence (L2)•along, the northerly line of the northeast quarter of said Section 1B North 89028'32" West 1083.57 feet to the northeasterly corner of the northwest quarter of the northeast quarter of said Section 18 as - described in Parcel 4 in deed to said City of Santa Clarita recorded October 29, 2010 as instrument no. 201015529B2 of Official Records; in said office of the County Recorder; thence (L3). along the easterly line of last said northwest gruarter of the northeast quarter and along the easterly line of the southwest quarter. of the northeast q-aarter of said Section 18 as described in Parcels 3 and 4 of last said deed South 02004159 West 2607.54 feet to the X:\ADMjK\ACRD DOCS\.T_—_AL5\�%$SL'T5\8000 EXfi fi=TS\S>60 EXE EL59IE_RE C'5 T3h•'ME7C•DOC 3 ATTACHMENT "A" Page 6 of 40 southeasterly corner of .said southwest #arter of the .northeast quarter; thence (L4) along the south line of the northeast quarter of said Section. 1S South 69038153" West 1220,49 fee= to the southeasterly corner of the northwest quarter of said Section 18; thence (Ib) along the south l ne of last said northwest cuarter .South 89°38'53" West 2548.87 feet to the west quarter corner of said Section 18; thence •(L6) along the 'south line of the northeast quarter. of said Fractional Section 13 North 86039'15" West 973.29 feet to a' paint on the canterline Of the $ntelope Valley Freeway-(Stmtm Ai Gaway 14),, X1.50 being a'point on the boundary of the City of Santa Clarita as the same _ existed on January 2.1, 2011; thenoa (L7) along said centerline and z'_ong .list said boundary North 18°56r5I" 'Bast 128.86 feet to the begi-nning of a tangent curve concave westerly having a radius of 3500.00 feet',-, thence (ce) northerly along said centerline and along last said boundary and said._zurve _ hrougr a central angle._of.. 34058'29" an azc .distance Of 2136.48 feet; thence (L9) continn ng along said aanter'_-xe and last said bounda_-y and tangent to said curve North 16`01138" West 1908.77 feet ao the beginning of a tangent curve concave easterly having a radius of 3000.00 feet; thence (C10) continuing northerly. along 'said centerline and last said. boundary and last said curve through a central angle of 40°52122" an arc distance of 2140.09 feet; thence (Lll) continuing along said centerline and last said boundary and tangent to last said curve North 24°50'48 East 645.22. feet to. an. angle point in said boundary of the City of Santa Clasita; thence (L12) .leaving said centerline and along last said boundary the following 7 courses, South 89009109" east 872.20 feet; thence (L13) South 83°22'14" East 1285.70 feet; thence (L14) South .00'28131" East, 394.97 feet; thence x:�anx \worn Doc5\IEeLTs\MuusxTSV3D00 =IBITs\8560 axx E,s�Ssa (BYO sha x.sx a 0 ATTACHMENT "A" L Page 7 of 40 " (115) South 8$007145" Fast 1291.28 -feet; thence %(116) South 89907'3.9" East 1268.02 -feet; t_^eace (117) South 00°36'05" East 652.59 =eet; thence i (113) South 89°09154" East '250-57 -feet to the go_nt.o: beg_nllLng. 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ANWXATIM140.2011A3 K3RDMI m owl 10TIMCIIY0PSN11AMMIA 'BxeMF.g6GlM4N wa _ nl w_mmww ATTACHMENT"A" Page 8 of 40 .1 i IDD3EIN uo91AIM 23] 11 bJ 33x 11 IA 440 R 133 31011 137 $43 P 133 213 H 137 NNF9Aii011 DON111IJff AXISIINO dtt BWNMIIY j nue, Iola. ANWXATIM140.2011A3 K3RDMI m owl 10TIMCIIY0PSN11AMMIA 'BxeMF.g6GlM4N wa _ nl w_mmww ATTACHMENT"A" Page 8 of 40 ATTACHMENT A LEGAL ANNFi ATTON No. 2011-22 TO THE CITY OF SA>\'TA CL,4MTA `NORTH COPPER HILA' ATTACHMENT"A" Page 9 of 40 Those.Dortions of Sections 5, 6, 7 and 81 Township 4 North, Range 15 West and those portions of Sections 1 .and 2, Township 4 No=r -h, Range 16 West and those portions of Section 31, ^ownsa .5 No_, ?z�ge ?o West and those portions of Sections 35 and 36, Township 5 North, Range 2:6 West, all of Sar Bernardino Meridian in the County of Los ?mgeles, State of'Califo_rnia described as follows: Beginning at the northeast corner of said Section .6; thence (11) along the east l --'-e of said Sect'_Dn 6 South 01°49`09" �a5t 2321.54 feet to a pC—t on �2 centerline of Bou aa- Caz-j n Ro=_d aS shoi:= `ot Llcp of -=act 1-vo 35'_-7 -filed is Book 1095 pages 48 to 55 inclusive, of Maps, in the of=_ce of `r_e County Re GGrder - of said County; thence (12) along said centerline South 50°53156" West 320.18 fa_ to a point on the north line of the southeast quarter Of said Section 6; `hence (L3) along said north line North 89047'35" Last 254.85 feet to the northwest corner of the southwest quarter of said Section 5; thence (L4) along the north line of said southwest quarter of Section. 5 South '89007'07" East 1272.62 feet to the east line of the northwest quarter of the southwest cr: arter of said Section 5; thence (L5) along .last said east line South 02018'54" West 1315.34 feet to the sout_n line of last said northwest quarte_ of the southwest quarter; thence (L6) along last said south line North '88°58'38" West 1176_06 feet to the northwesterly corner of Lot 170.0£ Tract No. 46268 as shown. on map filed in Book 1141 pages i to 12 inclusive,'of said Maps; thence X:•\RDtzN\WORD D0C5\sVLS\8)CSBZ=S\800D £HI:a-2="_'S\8582 EXE -DOC \ , - c ` ........ ATTACHMENT "A" Page 10 of 40 northwesterly lines of said Lot�IU 1.(i7) along the southwester_i t and as follows, South O1°01'22" East 14.73 feet; thence (L8) South 46°47'19" Last'334.D6 feet;.hence {L9) South 56°22'51" East 117.D0 feet; thence (L10) South 60°59137" East 697.63 feet; thence (L11) South 27°39'09" West 367.49 feet; thence (L12) South 78°56'46" West 159.64 feet to the wes-erly lice of said. Lot 170 on the northeasterly line of Santa Rozd as shovm on said reap of Tract 'No. 46268 and as .shown_ on nap of Tract No. 46269 1 inclusive, of said Naas; thence riled in Book 1234 Daces 50 to 6" (-I along last said. northeasterly l nE South D7°�D'S1' Bast 62.05 - o of a to curve concave northeasterly having feet tthe beginning ng a'radius of 468. DO _ee�, .hence e and so�.heastex'ly (C14) con` u_ng along last said ngr`�easterly.l'_ Gong last said ve.throsgh a Central angle of 29°49'26" r arc distance of 253.61 feet; thence --- i last said no='yh along line and tz_^_gent to (L1B)' -coat ruing --_ las'C s> -d curve' --South 37°40'17" East 69-6D -feet to tR2' 'nCti.—Way-Erle' . corer of Lot llfi of sed Tract No. 56269; thence (L16) along the northwesterly line of said Lot 116 North'78°56'[g" East 141.34 feet to the northeasterly corner or ct ATo.. said Tra452691 thence_o follows, (L11) along the easterly line of said Tract No. -626. as South.28°44130" Bast 351.35 feet; thence (L18) South 03°11'26" East 60.D0 feet; thence (L19) South 09038'05" East 66.58 feet; thence (L20) South DD'24'16" West 192..94 feet to the southeasterly coiner of Lot 108 of said Tract No. 56269; theace r� line 'o (L21) South 18°33129" West 64.00 feet along last sa_d easte__y - an angle point therein on the northeasterly dine of Lot .107 of said curve concave southwesterly having a radius. of Tract No. 46269 on ar 318.00.feet through which list said course is radial; thence x:�t rx\w6anDJ'CSVyCgsiMMB?TSNUDOa3='sT-T"582BXH.Doc��, i Y ATTACHMENT"A" I Page 11 of 40 AM) southeasterly along last said curve and. along _na nor.aeasnerly h> . line through a central angle of 1°50'01" an arc distance of 10.18 feet to the northeasterly corner of said Lot 107; thence (123) continuing along said easterly line of Tract 150. 46269 the following three courses, South 15032'38" West 156.15 feet; thence,. (124) South 22`21'52" West 58.15 feet; thence (125) South 31031158' West 165.85 feet; thence (126) continuing along said easterly line of Tract No. 46269 and along the easterly line of Tract No. 46270 as showm on map filed .in Book 1234 pages 40 to 49 inclusive, Of..said Maps as follows, South 38°-18120" West 485.49 feet; thence (127) South 25°11107" West 140.33 feet; thence (128) South 13007135" West 61.44 feet; *.fence (129)' South 07°52146•, `west 50.91 feet;.:hence (L30) South 07°33'05' Vest 174.40 feet; thence (L31) South 04,048'44" West 43.09 feet; thence (L32) South 01°33'43" East 345.76 feet to the sou-^eastexly ccrmer of Lot 78 of said Tract No. -46270 -being a point on the nprtherly..l n of Plum Canyon Road as shows on said map of Tract No. 46270 and as shown on TP_ of Tract No. 31158 filed in Book 1246 pages 20 to 24 inclusive, of said Maps and as shown_ on map of Tract No. 44966 filed in Book_ 1190 pages 78 to 86 inclusive, our said Maps; thence (L33) South 08026'58" Bast 50.00 feet to a point on the centerline of said Plum Canyon Road being a point on a curve concave northerly having a radi^as of 3100.00 feet; to which last said course is radial; thence (C34) westerly along last said centerline and said curve as follows, through a central angle of .12`50'36" an arc distance of 694.89 feet; . thence (L35) tangent to last said curve North 85°36122" West 445.21 feet to the beginning of a tangent curve concave northsastsrly having a rsdi 8 of 1200.00 feet; thence e .. ATTACHMENT "A" Page 12 of 40 Yp ,, (C36) northwesterly along 'last said cu_ne and sL center ;. Canyon Road through z,cent rzl angle of 33°12'30" .an'zrc distance o_ 695.51 pet: thence last said centerline of (L37), tangent to last 'said curve and along the r_ortherl Plum Canyon Road North 52°23'52" west. 273.94- feet to Y terminus of that course shown as North 37°36'08" East 3.94 feet (D2) on sa=d.map of Tract No. 44966; `hence (L38) .along last said course South 37°36'08" Wes 3.94 feet to an angle point in the bounds y of said Tract No. 44966 and an angle moi^ -t in the boundary of ,the City of Santa Cla_ita as the same existed on May 10, 2011; thence (L39) along said boundary o, -F the City of Santa Clarita North 49'121 3D" West 15.04 feet to the beginning Of a. tangent curve concave S.On-`WeotEr1V hav=g- a =od=or .of 2000. 00 =a=t; thence (C40) continuing along said bormdz_J o.f the City of Santa C1a_Ti to _Ong `L'!e following COL ses and cLrves� `nOrtI1�+?-ter1V along last Said . c_eve Through 3 Central angle p_ 6°55'51" an `c di S - OS .591.00 -Feet to uz soahwestesI co ner of 5 d..Tract .NO_ X49.56;_. thence __ .... (L41) North 16032126" East 243.20 _e=; thence (1,42) North i6°49'46'^ East 60.00 fen thence (L43) North 73'1D'14"^ West 37.50 -Feet; thence (L44) Nc=th 16049'52" East 127.21 featthence (L45) North 68026106" West 28.00 feet; thence (L46) North 04°00'54".West 104.47 feet; thence a innln Of a non - (L47) North 05°29'16" West 64.00 :feet to the beginning .00 fatet to tangent cure concave northerly having a radius or , wbilch last said course is radial; thence (C48) westerly along last said curve through a central angle of 00018122" an arc distance of 2.50 feet; thence (L49) nor_ -tangent to last said curve North 02°00'16" west 183.57 feet; thence (LSD) South 89°07'48" East 36.60 feet; thence .(L51) North 79006'57" East 81.D7..feet; thence. (L52) North 72047'10" East 82.48 feet, thence 2;\ate} 7\woaD DOCS\I+SC7wS\E (SITS\6000 a_rIB_'TS\B582 �F DOC \ '' M ATTACHMENT"A" Page 13 of 40 (L70) South 00°15'27" East 2644.81 feet; thence (L71) South 89°41'16" West 500.31 feet; thence . (L72) North 00°16104" West 555:00 -feet; thence (L73) South 89°41'16" West 826.54 _-feet; thence (L74) South 00°16'21" East 555.00 feet; thence (L75) South.89°41116" West 1179.60 feet; thence (L76) North 11026131" West 144.73 feet; thence (L77) North 09041.'54" Fast 593.86 feet; thence (L78) North 26°22118" West 95.23 feet; thence X. \ADDiOS\WO3D DOCS\'tel"--T`�S\3Y�I5=TS\8000 EX i -BBITS\S582 5X£.DOC r S sv � .� ,(L53) North 26°88'32" was,, 1.05.08 feet to a port on a non-Lzngenn x curve concave no=thwesuerly navno a rad -'us ci 230.00 =eet, a radial line trough last said point bears North 26°co _5 West; thence (C54) northeasterly alone last said curve through a central angle o= 15`51148" an arc distance of 63.6B feet; thence (L55) radial to last said cu_-ve North 42°41'03" West 60.00 -feet; thence (156) North 43014154" West 155.3B *feet; thence (L57) Nora 22°.23'31" West 120.BB feet; thence (158) North 07040137" West 343.94 feet; thence . (15 9) North 00.010'01' East 251; 00 -feet; thence (L60) North 25044'30" East 1148.04 feet: thence (L61) North 0201-6150' mast 131_6.37 feet; thence (L62) South 89047135" West 778.83 feet; thence (L63) No----th 00'08X41" East 1350.83 feet; thence (L64) North B9°34'15" West 600.00 feet; -,^,,encu (L65) North B9°32'5'_'.' west 1009.75 feet; thence - __': 1165) South 03°58'.47" West 8B3.3T Feet; them--= (L67) continuing along said City botnda-y South 66°29'31" West 69.98 feet to the beginning of a tangent vu --:re concave northerly king a radius of 1500.00 feet; thence - (1168) westerly along last said curve through a ceztrel Frig le o-. 54047'04" an arc distance of 1435.25 feet; thence (169) non=tangent to last said curve South DD°16'53" Bast 540.98 =eet;.'. thence (L70) South 00°15'27" East 2644.81 feet; thence (L71) South 89°41'16" West 500.31 feet; thence . (L72) North 00°16104" West 555:00 -feet; thence (L73) South 89°41'16" West 826.54 _-feet; thence (L74) South 00°16'21" East 555.00 feet; thence (L75) South.89°41116" West 1179.60 feet; thence (L76) North 11026131" West 144.73 feet; thence (L77) North 09041.'54" Fast 593.86 feet; thence (L78) North 26°22118" West 95.23 feet; thence X. \ADDiOS\WO3D DOCS\'tel"--T`�S\3Y�I5=TS\8000 EX i -BBITS\S582 5X£.DOC r S sv � ATTACHMENT"A" Page 14 of 40 i .(L79) North i0010'25" East »1.01 feet; thence (LBO) North B9032143" West 360.46 Peet to a point at the beginning 02 a non -tangent cu:-ve concave westerly having a radius of 1540.00 feet, a radial line through said point bears North 85°14'50" West; thence '(.C61) 'northerly along said curve through a central angle of an arc distance of 146.60 feet? thence (L82) tangent to said curve North DO°42'D6" west 506.63 net to the beginning of a tangent curve .concave easterly. having a radius 0- 5240'.00 feet; :Bence (C83) northerly 410n9 last said curve tb.Ougin a central angle of O1°55'26" an arc distance o_ 175.95 feet; thence feet t (L84) tangent to last said curve North 01°13'20" �'asL, 462:-7_e b the beginn_ng of a tangent carve concave southeas y n'y-ng a rad 'a5 of 27.00 feet thence (C85) northeasterly along last said curve through a Central angle or 89°59'56" _- arc distance o_ 42.41 Bet; 'thence ° _ / C4"' F,aSt 36.32 - fleet; (166) t=gent to Mast. said cu_�,=_ South 66 -6 --- thence . . (L67) North 00°17'49" West 40.01 Peet; thence - (1.68) North 88045109" West 1661.84 feet to the beg.�,ng or a,tar*gent curve concave southerly having a radius of 1200.00 feet; thence (C69) westerlyalong last said curve through a central angle of 20°30'25" an arc distance of 429.50 f=_et; thence (L90) tangent to last said curve South 70°44126" West.370.97 feet to the beginning of a. tangent curve concave no hwasterly having a radius of 1800.00 feet; thence (C91) southwesterly along last said curve through a central ar_.gle of 280.03!31" an arc distance of 881.49 Peet to the beginning of a tar_gent compound curve concave northeasterly having a, radius of 1100.00 feet; thence (C92) northwesterly along last said curve through a central e=gle .of 24°21153" an. arc 'distance of 467.77 'feet; thence (L93) tangent to last .said curve North 56°50110" West 235.60 feet; thence X:\:n*TTM.W02,D .DOCS\I+ SGFLs\++s'i=g=Ts\8'Joo �,BI^_'S\8582 EXH-D C - ATTACHMENT"A" Page 15 of 40 .,(194) North 89'50'41" West 1360.92 thence (i95).North 00°26110" West 2472.24 feet; thence (L96) North 88034'55" East 1264.78 feet': thence (L97) North 06°12'05" West 1518.70 feet to the beginning of & tangert. .curve concave easterly having a radius of 229.05 feet; thence (C98) northerly along last said curve. through a central angle ,of 02°55'53" an arc distance of 11.72 feet; thence (L99) 'tangent to last said curve North. 0_1'26112" West. 1519.17 .feet to. the beginning of a.tangent curve concave easterly having a radius of 229.05 -feet; thence (C100) norher1V along last said cu_-ve through a central angle of 21°38'38" an arc distance of 86.53 feet; thence (L101) tangent to last said curve North 18`22126" East 277.38 feet; . thenoe (1102) South 89`40112" West 1104.39 feet; thence (T.103) South 89'40105" West 448.62 feet (1105) South 04025'40" East 116.00 feet to the beg=r -ng of a `gent . Cn'"'Pe"'concave -easterly having._3.°--rad-us'.Of.. 400.00 feet; thencs . (C105) southerly along last said cu.-ve through a centre7 ar_gle of 15'50115" an a-rc distance of, 110.57 -feet; than --- (L106) non -tangent to last said curve South 65054119" West 123.42. Feet; thence_ (L107) South 24°03'52^ East 8.42 feet; thence (1106) 'South 66'09130' West 17.44)fset to the beginning of a.tangent curve concave southeasterly having a radius of 380.00 feet; thence (C109) southwesterly along last said curve trough a central angle of 14'30'52" an arc distance of 96.26 feet; thence (1,110) non -tangent to last said curve .North 39006'27" West 88.45 feet; thence - (1111) North 47053'50" West 34.57 feet; thence (L112) North 68055114" West 53.21 feet; thence (L113) South 47007115" West 31.65 feet; thence (L114) North 44°06'22" West 102.12 feet; thence (L115) North 34034102" West 110.22 feet; .thence K:\P"D!°.l'N\670RD DO05\i56Ei5\E.5IT5 \BD00 5}=-n: tS\8582.'E}3.J00 ' '1. ATTACHMENT"A" Page 16 of 40 A' {1116) South 09040'42" West 76.51 feet; thence "(ki-7) South 37°.03'27" West 22.78 feet; thence . (1118) North 51026'59" West 337.92 feet; thence (1119.) North 840D2'39" West 59.61 feet; thence (Li2D) South 76054' 110 West 245.10 feet; thence (y121) South 00°06'34" East 5_9.60 feet; thence (L122) South 89"27120" West 275.50 Feet; thence 5123) South 02°58'43" West 81.35 feet; :hence (L124) Nort 67057'22" West 30.00 .Feet; thence (L125) Sout_-i 54°45'37" West 29.25 feet; thence (1,126) North 67402'1D„ West 33.95 feet; thence (1,127) South 87°07'15" West 29.94 feet; thence (L128) South 57°56'51" West 31.34 feet; thence (L129) South 31009'31" West 75.06 feet; thence (L130) North 76°35'5'0" West 118.81 feet; -hent=_ (1,.131) North+ 83°21'5'_" Wast 142.75 hen - feet; a (113.2)_S.outh.61`D8'03" Gies" 240.44 feet; thence - _, -•--- ence (L•,1331 South .2-.'48'- 0�" ' wes .36c69 r _ (1134) South 23234121" East 171.50 feet; thence (L135) South 44`04'57" Wast 414.01 feet; thence . (1136) South 89°39'57" West 126.55 fee's to an angle point in said bGlndary. GS the City of Santa Clar]ta at the SOL'`^e5terlj G023eY. Oi Tract No. 46564-03 as shown on ma -p filed in Book 1227 pages 12 to 17 inclusive, of said.Maps; thence (1137) leavg said boLnda_7 of the City of. Sar_ta Clari'a�d along the westerly line of said Tract No. 46564-03 North OD°20103" West 628.59 feet to an angle point therein at the westquarter corner of said Section 35;,then;e (1138) continuing along last said westerly line North DO°19154" West 162.85, feet to the most. northerly corner of Lot 4 of said Tract No.. 46564-03; thence (1139)..along the northeasterly line of said Lot 4 South 59°20'12" East 136-25 feet to the most westerly corner of Lot 5 of said Tract 1Qo. 46564-03 also being a point on to general westerly line of the land X_1-_%M=�AORD DOCS\L, .7 S\6000 E 3-TS�B582 -DOO s.. A ATTACHMENT"A" Page 17 of 40 e` described in deed recorded November' 30, 2004 as instrument no. 04- e Of >r r r cords, in the office o_ said County ,R 308510'7 of Cf=ictal Recorder; thence (L14D). along said general west==erly line the follow=or courses, North 22°17'45" East .93.42 feet; thence (L141), North 29028'59" East 86.89 feet; thence (1,142) North 53°46'23" East 42.99 feet; thence (L143) North 22°30134" East 40.26 feet; thence (L144) North 25°05'37" West 22.96 feet; thence (L145) North 29°04132" East 92.18 feet; thence (L146) North 38033120" West 2.7.39 feet; ``hence (L147) North 04059109" West 34.35 feet; thence (L148) North 33°09'" East 41.53 -feet; thence "i7 (L149) North 07°33'51" West 37.03 feet; thence (L150) North 06036'57" East 51.05 feet; thence (L151) North 36'45'55" West 14.43 feet; thence. (L152) North 22°09'43" West 46.79 -feet; thence __....(b1-53) North 41°42'56" west 10.52 feet; thence (L154) North 27'°5i'25" West 67.67 feet; thence (1155) North 48°48101" West 22.84 feet; thence (L156) North 71°05'15" West 35.76 feet; thence . 0157) North 56°32'18" West 17.20 feet; thence (1156) North 02`55'D6" West 9.54 feet; thence (L159) North 38004'32" East 16.20 -feet; thence (L160) North 55017'42„ East 10.99 feet; thence (L161) South 89°52152" East 3.18 feet; thence (.7.164) South 48°01'40" East 31.06 feet; thence (L163) South 36`01'.10" East 15.62 feet; thence (L164) South 70°24'35" East 16.37 feet; thence (L165) North 68°56'51" East 9.01 feet, thence - Ukl 66) South 84°48115" East 4.74 feet;. thence (L167) South 63°19'41" East 7.04 feet; thence 9e (L166) North'82°49'21" Past 2.16 feet; thence (L169) North 53°05'15" East 22.35 feet; thence X.-\#DNfZN\FORD 70:S\LEGLLSjSXFIB.^•'S\8000 MMI—BITS\8582 SX -Dm F r I ATTACHMENT "A" Page 18 of 40 .0170) North 13°48'47" East 7.33 feet; thence {1171) South 82020'14" vast 59.93 feet; hence (1172) South 53`91`.09" East 14.97 feet; thence (1173) South 82°22'.55"'East 44.61 feet; thence (1;174) 'North 39°07145' East 67:32 feet; thence (1175) North 73°26'23" west 20.86 feet; thence ('176) North 27°42158" west 30.91 feet; pence (1177) North .63°19'36" west 27.03 feet; thence (1178) North 25°45128" west 73.43 eet to a point on the southerly line of lot 3 of Tract No. 465664-04 as shown on map filed in Book 1248 . pages 16 to 23 in-clusive, of said Maps; thence � r said (1179) leaving 'fast. sand general westerly line. and along southerly ine ^-f lot 3 Nor" i4°18'30" Wes. 955.67 fest to the westerly li^^-e of said Tract No. 4'0564-04; thence - (1180) along last said westerly line and the west=_rly o=ne o= Tract No. 46564 as shown on map ed in Book 251 pages 50 to 57 inclusiver of said Maps North 00 19'54" west 1769.79 feet to the northwest corner of said sec ion'35;. thence (1:181) along the .northerly lane of the northwest queer °£ sa d Section 35 South .89°41'5'6" East 2654.06 feet to the northwest c° --Er of the northeast quarter of said S=_ction 35; hence (1182) along the norherly -.sine of said northeast quarter South 4 East 2653.97 feet to the'nerthwest corner of Said section e9°i30 thence ence along the north line of the northwest quarter Of .said Section (1;t 36 South 89044151" East 2658.32. feet to tqu he north arter corner of said Section 36; thence (1164) along.`he north line of the northeast qua ter o£.s�id section 36 South 89°46'18"' East 2681.67 .feet to the nortwest corner of said section. 31; thence.. (L185) :along the gest line of the northwest quarter of said Section 31 south 00°31'38" Fest 1357.41 feet to the northwesterly .corner .of Gove_rs2 said Section 31; .thence x.\RMZK'\WOa6 DOCS GALSuM'-s7Ts\aoo0 3,I`s\e5e2 Mx-noc; i I ATTACHMENT "A" Page 19 of 40 (1186) along the north line of said Lot 2 South 88`44'10' East 1226.95 Meet to the no=theasterly corner of said Lot 2; thence (L187) along the east line of said Lot 2 South 00`35'21" West 1351..91 -Feet to the nortb lie of *tee southwest quarte= of said Section 31; thence (L188) along last said north line South 88°59130" East 1319.95 feet to the center of.said Section 31; thence (L.189) along f,11e east 'fine of last said southwest quarter South 00°35'19" West 1356.37 feet to the southwesterly corner Of Parcel -Map no. 14813. as shown on man -filed in Book 166 Pages 31 and 32, of Parcel YkDs, in said office of the County Reco_der; thence (L190) along the south line of last said parcel map and along. the south line of Parcel Mar No. 5927 as shown on map fled in Book 64 Page 17, of said Parcel Maas South 89°14125" East 2000.71 feet to the west line of last said p_roel map; thence (L19;) along last said west line South '00928'03" West 737.72 'feet -to the south line of last said parcel map; thence.' (Z1 -92) -along lastsaidsouth -line South 89°29117" East 667.41 '_Feet to the east line of said Section 31; Hence (L193) along last said east line. South 00025'38" West 600.00: feet to the Point of Beginning. Conta-"niag 2472.88 acres, more or less. X:Wjf4.f\WoaD DOCS\LP.G7s�5\aXf.2>=?S\6000 MITBITS\6562 T.XB.D0C . NO 652(/ OF V#O����� ¢ C LEGEND ' AHI9EXAnn11 n01XIGMT ^«•—""—"-'^ AWHOMm F TIEY14 Tool SANTA CLARITA Ha118E NUMBEWNQ MAPS a+]1 vmv. a1r.1]f m.lv mm 0.1.11 T6D1 b9119 lY]-IN HFIH T6411 ]ffiIlt ]Y1--111 10 Ol SM LII ' , e n 1 alta Fnrt nTr –JS ] ! }" 1 r 1 1 qly 0 SANTA CLMITA scN>:: ANNEXATION No. 2011-22 •r"YY ... 11 t"�.. iEi�1�1,1i����14q irY1NIIInI I1S) 47'j�,KoA 1'-xlGo' r 3 y„r„�1y>i'�k,Jy IIE11^kyF ,Jf,Sl�r ,h XliFn>N011 �Iifi 1�'j�B 16i�AREA:-- TO THE CITY OF SANTA CLARITA ,9 15 ¢. zP 1�'�2'. .mu..13iS�1{k.u'[t.+!• u l ++.l�]12412,08 ACRES RID SNTI 111E CO RECOUI)FR "NORTH CAPPER HTLV I9WT\38783\htlliEXATI@I\PWG\1➢B182-COPPER HU NORTH NINEXAWOH-08X11.OWO ATTACHMENT"A" Page 21 of 40 i.i ATTACHMENT i A�TINEMAMDN NO.2010-08 TO TIS CITE' OF SANTA CL -=A (SOLED -AD CONLMOMN That aortion of the north half, of. Section 18, Township 4 North, Range 14 West, San Bernardino Meridian in the County of hos Angeles, State of California described as follows:' Beginning at the point of intersection of the westerly line of the northeast quarter of said Section 18 with the centerline of the Antelope Valley=-eeway (State _ghwzv I ) , said point being on a curve concave southerly having a radius of 2000.0.0 feet, a radial line through said point bears South 070.14143" West; thence (Cl) northweste=lV along said centerline and along said curve t rough a central angle of 00°50'16" an arc distance of 29.24 fest; thence (L2) along said ce_.terline and tangent to said curve North 81055101" West 554.69 feet to the bsg_rning of a tangent cure Concave southerly having.a radius! of 2000.00 feet; thence (C3) westerly along last said curve• and along said centerline t`�Z ongh a central angle of 18`32'35" as arc cLstance of 647..27 2eet to an angle point in the boundary of the -City cf Sa:r a Clarita as the same eristed on October c', 2010; the:, --- (L4) along said boundary North 03°23140" West 348.41 feet; thence (LS) co5t:Lnuing along'scid boundary 'North 27`56`30' East 201.55• feet to a point at the beg=n=.Jng of a non_-Langent curve concave southwesterly having a radius of 1450.00 feet, a radial line in through last said pot bears North 10°25'12" West; thence ' (C6) southeasterly along said boundazy and along last said Cu_*ve through a central angle of 47°34739" an arc distance of 1204.06 feet to the northerly boundary of said freeway; thence (1,7) leaving said boundary of the City of Santa Clarita and along last said northerly boundary North 84012152" West 32.34 feet to the first above -described westerly line of the northeast quarter of Section 18; thence (B8) along said westerly line South 07026'53" Bast 329.96 feet to the point of beginning. Containing 13.21 acres, more or less. X. %ADkCX%WORD D'JCS\I+=- HITS\EICBITS\8000 MMBIT_S\8.50 SoiMfiD COMiONS .T_-RURRIoIF BXF..DOC , i Yi � lamp:Io.� YK]IIRL NM_ —sF.m1E- nlmA� a.Y, mrt a.m. c! RESnII�Ya As„n PE ', �eGWK UkllA / PMRin U110111 1 e aFl P I! VALLF_Y I`RIPEWAY - 'L18.J_ m)285a[ rn J A,.,,LOPS®—N[10.16 FJ U4PMLfl.iNNBFIR . "'x�9.051-001-0531 . W NEnllle, FF 2ROt'-041-08 _ _ 2851-011-048 NI1¢arE VMLF'I YREEIIAY� ' 1 POB 2851 -Oil -01i . SCALE: P�OtlC nausE Iwmlmw � 14N, R14W, SBM 10 li YP9 I UNINCORPORATED TERRITORY OF - 1 LBOLJND _._--------_— THE COUNTY OF LOS ANGELES 1 AN146AVOII WIRMA"Y E=7AQ d1Y "w"0Mr MUM OE SECTION IB 1 ' - MFA=1JII ACRES a"a=, a Fa ITA Flmlml "YOF SNIlA 4MIEA ' 4^rN AI4s�7� sl p �'" 1 7 x?� '"ash Fry ghS � A.AMF. RaLM. ANNEYWION NO, 2810-08 "'�Ii4N��,1 1�{n Nyiih i ASSNe1M) ASSIIORN TO111ECIIYOFSANTACLARITA LSI itl F I i� L yj i+' ib11'�y l' i'YL1A I .tl AM ERiy "f "IE CO. REMBUI nNNaPAR: aYIMMaIxNmM,xVty.�"ygmAp (pyPan N4lIXnTaUINn.00." ATTACHMENT"A" Page 22 of 40 51`eCC a�� p Pa" �F vuIY;F A P' Soy m' F Fli CITY F_P_�la y .q _wlrox_____.__.____�_ +s.W i__c+�¢!•i' . p�EA=13.21 ACRES • 1YnR. N 1./2 OYf �R B'CsC. 18, T,IN, R14W i rw? �Id� fn'— ��n IlLy NII"laS vnllP.Y iPFIIM,AY i Yi � lamp:Io.� YK]IIRL NM_ —sF.m1E- nlmA� a.Y, mrt a.m. c! RESnII�Ya As„n PE ', �eGWK UkllA / PMRin U110111 1 e aFl P I! VALLF_Y I`RIPEWAY - 'L18.J_ m)285a[ rn J A,.,,LOPS®—N[10.16 FJ U4PMLfl.iNNBFIR . "'x�9.051-001-0531 . W NEnllle, FF 2ROt'-041-08 _ _ 2851-011-048 NI1¢arE VMLF'I YREEIIAY� ' 1 POB 2851 -Oil -01i . SCALE: P�OtlC nausE Iwmlmw � 14N, R14W, SBM 10 li YP9 I UNINCORPORATED TERRITORY OF - 1 LBOLJND _._--------_— THE COUNTY OF LOS ANGELES 1 AN146AVOII WIRMA"Y E=7AQ d1Y "w"0Mr MUM OE SECTION IB 1 ' - MFA=1JII ACRES a"a=, a Fa ITA Flmlml "YOF SNIlA 4MIEA ' 4^rN AI4s�7� sl p �'" 1 7 x?� '"ash Fry ghS � A.AMF. RaLM. ANNEYWION NO, 2810-08 "'�Ii4N��,1 1�{n Nyiih i ASSNe1M) ASSIIORN TO111ECIIYOFSANTACLARITA LSI itl F I i� L yj i+' ib11'�y l' i'YL1A I .tl AM ERiy "f "IE CO. REMBUI nNNaPAR: aYIMMaIxNmM,xVty.�"ygmAp (pyPan N4lIXnTaUINn.00." ATTACHMENT"A" Page 22 of 40 ATTACHMENT "A" Page 23 of 40 ATTACHMENT A ' TIO N0. 2on 20 TO TLIE = OF SANTA CLARITA "VISTA C_AYfON/FAIRO?.PS / JAIES WAY" Those portions of Sections 21., 22, 23, 26, 27, 26, 34, and 35 in Tommship 4 North, Range 15 west, San Bernardino Meridian toaethe.r with a porion of Section 2 in To'-asship 3 North, Range 15 West, San Bernardino Meridian, all in the County of Los 7-mgeles, State of. California described as a whole as follows: Beginn_ng at the southeast corner of said Section 28 being a post on the b0,=dkry of the City of Santa Clarita as the same eyisted on _7a=uFly 31, 2011; thence along said City Boundary the follow=g courses and Curves: (L1)' South 89004133" west 2634.89 feet; thence (L2) North 00014139" west 2570.31 feet; thence ' (L3) South 68°08'59" Bast 26.80 -feet; thence -(La) North'46°27'40" East 392.66 feet; thence (L5) North 03035119" Nast 272.19 feet; thence (L6) North 39038115" west 503.61 -feet; thence (17) North 60°07145" 'West 232.07 feet; thence (LB) North 71°19'50" West 102.46 feet; thence (L9j North 56013123" West 231.31 feet; thence (L10) North 76°56'40" West 542.10 feet; thence. (Lll) North 68016154" West 118.05 feet; thence (Z12) North 89006127" East 1117.06 feet; thence (L13) North 00°10'33" West 1316.51 feet; +.hence (L14) South 85°56'51" West 454.84 feet 'to the centerline of Sierra Eighway as shown on map of Tract No. .43510 filed in book 1078 pages 93 to 99, inclusive of Maps, in the office of the County Recorder of said County; _. -- -- ATTACHMENT "A" Page 24 of 40 I f {h13) along saiff d centerli_?e North 40°03'07" East 284.70 feet to the z: beginning O' a 3ngEIIt .ClLrve coIICave nOrthr-iweSLErly hanG a _Tadi il5 Or 3500..00 •`eat; :hence (C16) continuing no= heasterly along said centerline and said cure. Through a. central angle of 11°25'•02" an arc distance -of. 697_L4 feet to the, beginning of a tangent coamound --wive concave northwesterly having a radius of 2750.00 feet; thence L' ng ncrtheasterly along said cente=lime and last said curve (CZ7) Contin . � ° i0_ 9" an arc dis`anc of 48.92 '_eet; ',hroug� central angle centrangle o'_ D_ 0 dist an (1'8) leaving sad centerline and mon-tangent to last s=.'d. curve South 66038144" East 202.97 feet; hence (L19) North 07037156" East 129.91 net; thence ^ 44" West 61.31 feet to a ont on, sa_c centerline_ or (L20) North 66°38' -' p L Sie ra Highway On sal d Carve concave n0. thW25terlV having a radius O_ 2750.00 ,feet, a ::ac: --'l line through. said poin bears North64`59'3.8" West; thenoe (C21) mortneaster,-1y : -along said._-e'-ine andast_ sz3 cu-ve oLyh a - central angle of 04'36'32" an arc distance of. 221.21 feet; thence . (L22), continuing along said centerline and tangent to last said cu_--ve North 20023150" East 231.44 Feet; thence (123) leaving said center= -,e North 89°16'02" East 2270.20 feet; thence. (124) North 00°07140" West 557.93 feet to a point at the beginn—g o- '- non -t ---gent curve concave northerly having a radius of 9700.00 feet, a = radial line through last said point bears North 03041125" West; thence (C25) easterly along last said cure through a central angle of 05°23'37". an a;.c distance of 913.12 feet; thenc.. (L26) non -tangent to last said curve south 80°59 pg" East 802.71 feet to a aoint .on the. centerline of the Ant eloae Valley Freeway (State Highway 14) on a• cur -7e concave southeasterly having a radius of 3000.00 feet, a radial line through last said point bears South 55°53'.44" East; thence X: \AD_"N\,R04D D0�3\I,EC_iS\VISITS\8000 F.%STT�=TS\E561 ��W.JOC ,\ r ATTACHMENT"A" Page 25 of 40 (C27) northeasterly along last sz_3 centerline and last said, curve nrough a central angle of 26046151" an arc distance of .1402.24 feet; thence (;,28) ' continuing along last said centerline and tangent to last said curve North 600-53107" East 4430.D0 feet; thence (L29) leaving last said centerline South 00°30136" Wes: 1241.76 feet to a point it the beginning of a non -tangent curve concave northerly caving a radius of 1200.00 feet, a radial line through last said point bears North 02°06'19" West; thence (C30)•vesterly along last said curve through a central angle o£ 08°53'18" an arc distance oZ 186. i6 feez; th=rice (131) non -tangent, to last said curve South 02=48140" East 800.41 feet; thence (L32) South 57°48'40" East 204.70 fee'- to a print at the be ming of a non -tangent curve concave southeasterly.having a radius of 2914.83 feet, a radial line tough last said point bears South 23'12'26"'cast; theme (C33) southwesterly aiOng last Said eUr7e through a ceat,=al angle or _.00.'.44'E9"..an.ara dis �ae.o= 38,0O...reet; thence (L34) non -tangent to last said curve South 0003D'36" West 274.44 feet; thence (L35) North 69047100" East 1713.73 feet-, thence (L36) South 23°08122" West 631.01 feet; thence (L37) South 89042'25" West 158.00 -feet; thence (L38) South 00°35125" West 983.76 -feet; thence (139) North 89°42151" East 109.14 feet to a point at the beginning of a non -tangent curve concave northeasterly having a radius of 1820.00 -feet, a radial line through last said point bears North 82033'D6" East; .thence (C40) southeasterly along last said curve through a central angle of 11°46'59" an arc distance of 374.29 feet; thence (141) tangent to last said curve South 19013'53" East 120.44 feet; thence (L42) North 89038130" East 110.05 -feet; thence (L43) South 00°35125" West 182.50 feet; thence (L44) South 89038130" West 350.00 feet; thence X:\;V_—N\MORD DOCS\LEGP3,S\.s7SFL3IPS\6D00 8R_3IPS\8561 -%%.DOC ATTACHMENT "A" Page 26 of 40 e '..(L95) South 00035125^ West 4D2.50 feet; thence S: "? (i,46) South 00001'27" Pest 5260.30 feet; thence, . (L47) South 06°36'02" East.5029.37 feet.,thence (L48) North 88°59'50" East 1514.44 Peet to a point of intersection with. the centerline of ?lacerita Canyon Road as shown on County Surveyor's Map No. B-2283 sheet 2 (CSB 2283-2) on file in the office of, the Director being a� -he POint .Of cusp at of public Works OI said county, said point .the easterly te=Uzu's of a tangent curve concave southeasterly hzviny. a radius of 500-00 feet; thence (C49) southwesterly along last said centerline and along last said c1_=e the following 6 courses, through a central angle of 36017 ' 407 an arc distance.of 316.73 Feet; thence 7 40'1 (LBO) tangent to last said carve South 520 5 feet to the __ 0" West 101 ]Deginn_ag of a tangent cve concave northwesterly having a radius or s . 800.00 feet;.thence _ ang (C51) Southwesterly alOIIg last Sala cure t+ -ouch a central' 16°03'00" an arcdcstance of 224.10 feet thence h 68°45'10" ries-_65.73 feet to she _._(L52). -t=_ gent .to last. said cu_:ve Sq_t . begin _ing of a tangent CLr'Pe cop -save sou., iy ha��1r_g a radius Cf 1000.00 feet; thence _ (C53) southwesterly -long last sa_d curve -sough a central angle or 17°49'10" an arc distance of 311.01 feet; thence (LU) tangent to last said curve South 50056'00" West 584.39 fee*- to a point on the easterly boundary of 2arcel Map No. 7096. as shown on maP filed in Book.1Q8 pages 33 and 34 inclusive, of Pa cel Maes, in said Offfice of the County Recorder;. thence {L55) along last said easterly boundary SOuth 00036'27" West 219..37 feet to the southerly boundary of said Parcel ?ap No. 7-096; thence (L56) along last, said southerly.boundary North 89°30104" West 667.02 feet to the point of intersection with the westerly line of the east half oi. the southeas- quarter of the northwest quarter of 'said Section 2 ae. . described in ,document recorded July 12, 2007 as instrument no. c DOCSVSC?.IS\Z'=- ITS\8000 ZXF,-B-TS\8561 rte. E'D'CC t.� ATTACHMENT "A" Page 27 of 40 20071654941 of Official Records, in said office of the County Recorder; (L57) along last said westerly line South 00028'55" West 318.70 feet to the point of intersection w1 -:h said oente-=line-of 9laceri.ta Canyon Road, being a point cn a curve concave northwesterly havL-ig a radius of 1500.0C feet, a radial line through last said pgi.nt bears Nor -_h 32°21134" West; thence (C58) southwestei_y along last said centerline and along last said curve through a central angle' of 27°11133" an arc distance of 711.90 feet to the point of intersection with the westerly line of the land -described in docment recorded June 07, 20D6 as instrument no. 06-1253113 of ,said Official Records; thence (1,59) along last said Westerly line South 0021'14" west 774.87 feet to the north 1 e of the southwest quarter.of, said Section 2; thence. (160) along last said north line South 89013'10" East 1326.21 feet toe northeast corner of the southwest =&rter'cf said Section 2; thence (16=) along the EaEt line of 1'cst said soot as ouamour South 0.0`36'27 Vast-1,347.98fset- to the nO-"tleastErly corner Of the sout3aast q4 a=t@2 Of *�__ southwest cue= sr of said Section 2; th=ence (162) along the southerly lineof parcel B .as described in docment recorded ?august 25, 2004 as instrument no. D4-2190843, of said Official Records, North 89036142" west 1338.36 feet to the easterly lire of parcel C as described in said document recorded august 25, 2004; thence (1-63) along last said eastsrly line South 01'02'22" West 1349.36 feet to the southerly line of the southwest cpaarter of said Section 2; thence (L64) along last said southerly line North 89°20'10" West ;_348.56 feet to the 'southwest corner of said Section 2; thence (L65) along the westerly line of the southwest quarter of said Section 2 . North 01028115" East 2701.64 _feet to the west quarter corner of -said ., Section 2 being an angle' point on the boundary of the City of Santa Clarita as *the same existed on January 31, 2011; thence (L66) along said City Boundary the following 8 coarses, North 00`05130" East 2362.51 feet; thence 8� X:\XDP`-7.N\WORD DOC»5\iS�-'-T S`�.:.%a19=^-•a\8000-'K•ri-�T-'PS\85:1 3::5 -DOC ATTACHMENT "A" Page 28 of 40 °. (L67) North 05054127" West 1389.89 =set;. thence (L5B) North 89'53'14" East 1333.12 feet; thence (L69) North 06°18120" West.1239.96 feet; -whence (y70) Nor:: 06°18'08" West 1280.26 feet; thence (L71) South 89°87'09" west 2632.95 feet; thence (L72) North 05°32'23" West 1231.99 -feet; thence (173) Sonth 69038'56" West 3921.13 feet to the Post of Bagin*-'-g• j r-ontptimAng 2837.28 acres, more or less. i Zs a Gt -k NO.462 ' BF Cy_4F�� k .. 5 X:\Ar-*ET\WORD DDCS\IOGRLSVX-T3'-Ts\8000 SXH*-8="s\8561 -"3.nCr' \ As 'Malway e S 39•pWYx)nlOb+ ]RnW]S01 ASSESMPRtt311UNA 19nbmfmuppl9 LS_ ql Nl';_IWOFIS$- RSRSSLM1 PM411. NIIM�R9.._: xMB9119ro '•. �:ex .��;1��n^"3' �p••^lv--- IIUUGE NUMBERIKG MWS pgmSMllO Wn ' n4i690.11104 xRMm4W5TO Wi xMbws.n wbin5E EN1w5-0a xe+.n:af 1'OR'1'IONS OF SIIC'LJON9 21, 223 23,, 25f 27, 28,.34335 xewwfvxl - 1pOM W' •L4N' RIS W, S.D.M. Zj13 71 161 zMllwfaN zeelmawnnw. ambw�m]mrm INN xewm.amtpwf aa{•p3ewnvlw iei mevie 1 1JZO P0.2TLUN OP Z46 (1 153 IMrmlm9 1201mi ' zw1-wrvmsm ero xelb.bro wl SIICT10N 7. 24611157 ]erowq-0l. xmvwwlz n11.a9m] xen'`^''O0'To'"" xele vzewl xela-pn.Rn mma T3N, R15W, S.J3.M, 74611161 xN"Rlna)IOBIO mawsINIm701770015 ]MIA39w3 1MxWx01f l0plp EOnB Mr1aa10W1 ]e•Ivm+ml xelp.aA 70mn m919aaw aa�^w znumlanlpeee ze11w)-0n ze+e.n¢ow loolz ' 24911153 mAO wi-039 T00i lml.'m xNl wS MZa1w xmB b5nm9 zNOw)M6vail wr 1. SBO.I wl1vOM 249/1157 IMMMS ze1RER1�Pn xF rmnw+ x 11910 w9 =ell m3"'Mi 249 H 16 1 iNO Cm 014 1.Unnb5310nID ]N3MB WIlOM1 ]plBm}w3+O WB 9 z3wW1901tp9{l xR14M0n]d 10n1IXb0])IOMl a81B-0HA)plpbll 'iUWAO � CN1Na 1NOWlml $MlmldnllOOxx imlwe wv mLwnW ,C, _�`. L, L-- 7.5211. t57 zaoWRaB __ _ „� awm3 w5 xwl WAwwvwa -- 25511149 nw +o. w3 tVllb - xo-mOnaw 1p ve - Y 4 26511 153 2m xaemuaw iMmsb3 b rMl wltoolf 255 H 157 ]ewuN.wi 3eM N 1Mxmt ilta.x IM, .1 a Mono a mlaembnmloa) xwlm.ml 14 >y � r� _ 1RN-0IN193 x+I H3d39 mE ]n11 M9w51ea9 9 C 1� 1� --11 2116 H 145 x 3 it mR xMlalBmll00Br �)1 f .' _ I zmomlvonnme na b.9ars T0Ne - 256 H 119 ]NOUNanaTpW! 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Ila 21 apM m39311431n INl-0nall M119)4x191n M3 xN3on.n]n aM]-019.5 zmw,wev mnbsimlmmn' 1P11 aYwiTnU1) xm3.b)3pwxuvN xnl.mnw9 wMoams , TIN I._'L3N T•_/ -L~_ --.I -`--- I--- xNl.oxams IMl-0x39eM1 xNl.alo9.mmn ammm�berlviw 1_ Mq .41.5900 x41 VIf a., WNI ]N1 a3bi E913V1I 089 2N4b5xmplpOw ]MA m9pE - ��.z_ pN 33A4Wx09) lwnaaE09RMm] 1 I I� -Tl , 1MIi1130m IMLMa�.im 101 3Mbp3a w1T0010 Eal-0I30lSi0aE 2a90360E1V414 -111 1_ 1.110331. IMLmM01 1w5d51m3100U ]BM.I90110 me 39Nmxn"R 191 bIS }e1Ym9 wITp0W ]Nlmf9nl0n10 xN1mE,m} - ' xmlm9Mx: xe 1-0Sf fllnlpw" - I 9N40x001i ' IN4asme10M4 zMbvssmemmv x'rllmnwllnwf mtlmwnivRa 1 SCALE; I4000I 3 2 RN101om1Y001{ 3N1a3dirm� 1 iNIA]OONTp01. 1M1039-011 ia0w I 1NlN0a]3t0Bs - x011-BsuwIl001r -__-^-�-^-�-' ---•'1 1NL.I w3lO4PI-, '"MoN0UNmp x440!.%0 1MOM0w11npR 3N9a00191pn1e 10, 1'I SNbmx.] ]n11 mORilTnpsE � 11 _ 3MLMLma ]NEOSYw+Tnwl - ' 1M}OI1.4i0.d - • aAHAi1.l apuA3xw1 tpml 3MI.TWImOzt xNl.Mv.WI 14n.o]n nnl zNLosa Ws xmx0se.w3 xMsanewm13a ]Newewl lYawOdle 1 - ,flt .PiTry Ilii' N„I� 1 1 -.: ] n^•Y ata tFrliE z3"' 'J 141i 7r tsh9iiuiu u(i 11 ' CITY OF SANTA `y J.p �r�fl $ VttffN'{Iyx yll$I li l 1 p1Y 9I4pICEl1 - CIARITA zM3MsdNtoav :mlasemv :w.wboam Mf .•s°77Qd^" 5 l '44 IECNN 5Y: tp#aae SCALE• ANNEXATION No. 20' zeiiwiroi d" e, 1}��v' 3 �'64��'ry{s ' r l g• I1S.?''EA: ".14i%DBiz.n!'.lui'II [A. TO TNF CIN OF SANTA C 1N1Awme IN 11 k'Ti .;�1L'1'.y7.m...s!u14r:Y.�l,.ax'2'i''�hni,1 ,Y rsa. s1.x4A FIIEU N➢I IIIE CO.rtEC91lUErl "VISTA f:ANYOWIFAIR OAKSIJN ,•YI\SURWY%F MUAiI aMrm.AUVIfN fSnCMlpNt WV XWvmI rAM vMSp-m33 sAI.+InnxSn nnrY.•nlnn'-g0. every. 0, E J, I ANNEXATION NO. 2011-26 TO TEE CITY OF SANTA CLA=A "SOL'THS_A_ND C.AlVYON" . Parcel 1: Those portions of Sections 1,.'2; 11. and 12 in Tov,-:ship 3 North, Range 15' West, San B3e'-'_^_arC=no Ner,id-' an in the County of LCs . __ngeles, State of Ca! i-bzzia described,as fc11oW$' - 3egzn3iing at the Center of said Section 12; thence (LI)_ -along. --the sou_herlyline of the northwest q�Larter of said Section 12 South 88°55'4-4" West 1162.49 feet ,to tae westerly line of parcel 1 as descrided in document recorded April 28, 1995 as instrument no. 94-818523 of Official Records,. in the ofi_ce of the County Recorder of said county; thence (L2) along said westerly line North 0001412.8" Driest 2659.52 feet to the southwesterly corner of. the southeast quarter of the southwest quarter of said Section 1; thence . (13 along the westerly line of parcel 11 as described in document. recorded .April 22, 2005 asinst=t ent no. 05-09432Q4 of said Official Records,North . 00019141" Last 1372.20 feet to the northwesterly corner 'of said southeast quarter of the southwest quarter; thence (L4) along the southerly line .of parol 1 as'described in document recorded April 22, 2005. asinstrument, no. 05-0943244 of .said X-\PzPaX\WORD DOCS\LSrAT- Nmz-8 -S\6000 3X•T7S\8562 x= -.DOC �A- i ATTACHMENT"A" Page 31 of 40 i. 1i 36. 49 •feet to the x, 3,g=ici=? Records, South 89506'32r'Wes' easterly line of the southeast quarter ,Of said Section 2- thence (L5) .along last said easterly line South 00°23`15" Test 1345.26 feet to the southeasterly corner of .said Section 2; thence (L 6) along .the southerly line of the southeast quarter of .sa'-o Section 2 North a9°20'10" west 674.28 feet to 'the easterly. line of pa=cel.5 as described in said docL�ment recorded '.P- r,l - 22, 2005; thence riv line Scu+ h 00017`18" vast 1346.09 . (L-7) along last said este_ feet to the southe_ly line of said parcEl �-;.thence ;cr line North 69°24'23" west _348:60 !LS) along _ st said sou_._..__v r si rl ',i c "•iQ _Aar Cel 5; meet to the we ._._V __r_- o= s:- =7 thence (L-9) along last said d westerly ine North 00°'1726" Last 1347:75 =er o said. feet t0 the southerly line Of the, southeast . ALL-'- r Section 2; thence r 89°20'1p" art 337.14 (Llp) along last said southerly lire Scut_ d _. _ eat LO the Wflsterly.}=nE Of Parcel 4 as �escr-bed 'n said doc'.rnent recerded Aaril 22, 2005; thence (L11j a'_onc 'last said westerly line North 00°31`30" cast 1346.96 feet to the southerly lire of Parcel 1 as described in doc=ent recorded December 2, 2002 as instrument no. 02-2914078' o£. said Oficial Records; thence (L12 -j along last said southerly line North 89016'41" West 1009.49 feet to the 'westerly line o= the nort_hwe.st c.Marter of t :e southeast quarter of said Section 2; thence ° 3=st 137.98 (L�3) along last said westerly line North 00 36.27 - - feet to the northeast corner of the southwest cuarter O= said section 2; thence.... (L•14)' along the northerly line of said southwest, cuarter of Section 2 North 89°13'10" West 13.28.21. feet.. to he westerly line X:\ADtMAT\Y70:cD D0=3\"a Tms\BOOD Ci 2:".-TS\6562 E-MDX a I O 111. 'c - HI C7 m N IN. d N O. N rY fr y L r+ p N - DI 1-h N• In F, INr 1 Iy .' N O. N ' ld F-' m 'J J . 1-' �, . W O r pG ..H, J ._ .: (`4D .ry. a W �O V r 00 V) y rl" J P. F, ��- O I� k1 1� O a' to ' m V O, v rt m w m .P 1'r ,-Y OI rl. N I -'•i P.I: rY S7 io ,7 cY (-Y 4 Ii o .�.. ri. '✓' ` O ,�. I -h' I -h 0 1-h I -h p H O ILI m N u:l q .. O m rP F3 m ~o t n G N .. m N Fh N �-' n �, a FN' 0 O �J 'J' m C, p n ri rt II--''? O li (J m rt :mJ fi• N C m 'H 'b (U m rh 1ll f'I' ;Q ° O N W m tD o IQ W ,rOy �4 O o W IT, bl cr `,y 7 7' �' �• 0 P 'y i N ' N o rr rr O m j N- l0 (D ,�. O O R. O. iv N ly m .. o in IN H, N p N tt 11, O' 11' (D IN O li M O d L.I y N N to y HI . I_I, rl. O. f1. US m rl N. y m. O N O pl fh (.h m It t. P• N• U II fi- U Ih1-' IH'1 to 'C W y ib Cl (D P r I,I p. 4 7' m M -li I-' N fD li N O #• i., N I 1'' H to V In m y (D . P. rl' hl to �� S li " N �' IN. .N m N• m IN .� ,�. I� �. 4C m I-. J . P ,,C• o N - rt I'- tt I.+- (D f]. - N 1< o N. P. ° U.)- m O IZ fl. U 1­1rt CL , N ~ I` y N 1` W '' tr, U ' `p� r:1 W to {YU-�' N N. N F• It N n O IC F: m n W p• r- C]' F.. O 0 U r r 17 m IN ri I IN IN N Y AI i S o 1' zi pj . Hi N- 1-4 m (o m o IJ' fD rF ("', v. 1.4 y y (D H N I-.. f r ,D O .1, 1"i 1-� ,'V'' o N li O I,, ID Cl. (D I N U L] £ N O " w y ~. fU I-' i H O o C ; d N m ice- O p) : rh P' I.� H ao `,-'' '� to ly rt rl C2. G H I� (D (4ll1 la. w U hh ;y (�? 'i, n N[y1, O u. `C O. b' i-{ 'C li -'(•.J u- O '-( - O 'zi [rl O m O (9D F-' O m v .. N CU y (tl O 1�- N f-..:'Fh rr O rt GpG O O ro G N m h� f. I� ,J H, F I (D. IJ Ht ri' y 4L (D �" �. [n m N rl. �• (D li P, fu OZ rF C1 N y W ti w Imo. j }- (D F-• N to (� w ILIH. 'i rr pa- O w m �' F' o fm+ .. (D y !�I 1'' H tC ID N �y w . (n ly-,h to N. 1' IN-' O. w (i. ro, (�.. (D n (7 y ° 7 O (-' - 2 ID O hi, N I. �' N N i.., ,pq rY HO o l li -m .N �- (C'- N r £ O O p CL ,v ri O a, O P. : o. o • ID o ri. H f W N b u I -h P , m PI Wv J N �' n W O N U (D o0 O P. �i 'pl. l> J •,ij l0- t3' 1-' 1-' O M C,1 _ ID F-+ i �"' F'• . G m y 4U O co Iq, 1 UI IV N I, O. to 'IQ �� �� a o rh �. EO (D rt ,�. IY m P. N. 'd ,y . o a, tr 10 I� ri '[7 r (D o .� .� m H W b W L*i J m m O Imo. N' Ort . Ito H1 P. N N O O (D 60'1 Vi (D ri. kr CI" IJ W IY 0 1 tri' li IN N v Ih . p O A3 . I_,. r. (U (.I. y • N. .� . .. o G n - W, lr•� P rh . O o rn x N .. O. O H J i -y+ -h-' (U 7' • i N N O t7 a' O W d. o H' r W o Lxl N J (n I-' P. (U fl' O f G m N,' ' - ua (D k N to N - 'Ti o N V d -L h•- r ri- m r o tTl N o . in O to rt m In rF DI w�I or O .O Ill i '- p to (q {ll eI y -J• F, ' '-*I rh N (D m N O ATTACHMENT"A" Page 33 of 40 L12) tangent to last said curve North 68°45'10" East 165.73 feet t0 the beg.RI1LTIG of a tangent cu Je-.cOncave ncrthweste:rly having a radius of 800.00 feet; thence ('C23) northeasterly along last sa_d cu=ve.t_'r_rough a central. angle of l0"°03`00" an arc distance of 224.10 feet; th nc� 1 (,T24)tangent to last said curve 'North 52°42'10" East 101.75 feet to the beginning of a tangent carve concave southeasterly having a radius of 500.00. -feet; thence (C25) northeasterly along last said curve thrdagh a central' angl=_ of 36`7'401 an. arc distance of 316.73 feet to a aoint on: the _s the s=_Tee esi's`ev Febr�la_y boundary Of Zha C1tV. vv^f Santa Ciarita 'I 14, 2011; thence (L26) contiruinc along said centerline and said boundary and _Rgent to _ast s d, -curve North &8'S9'J^v" a5t 1D7L_47 -feet t0 'an angle T)OS nt i1 Said bOLndary On the centerline Of Jan a yon i'. Road;..thence —.. (L27) aIOP_g said b0'.indary and sa_d centerl�e of Sand -Canyon Road I; the fo.lI.owing 11 courses and. curves, SOLtn 1i Vy" Ute- Hca =eat to the beginning of a tangent curve concave northeasterly having a radius of 3D0.00 fleet; thence (C28). southeasterly wrong last said curve 'through a central angle of 78°45'4D" an arc distance of 412.39 feet; thence (L29)' tangent to last said. curve 'South 89°54`45" East 166.04 feet to the beginning of a 'tangent curve concave northerly,'having a radius of'1000.00 feet; thence (C30) easterly alo g last said curve through a central angle of 25044150" an arc distance of 449.37 feet; thence (L31) tangent to last said curve North 64020'25" East 213.03 feet.. to the -beginning of a tangent curve concave northwesterlY having a radius, of 200.00 feet; thence X:\pTu:n\ao%o Docs\r.sc�asU�: Ts\s000 > ms\essz =Z ' n S __ .. ATTACHMENT "A" iPage 34 of 40 g' 'I(E32) northeasterly along last said curve through a central angle of 31`14110" an arc,distance of 109::03 feet; thence. , (L33)' tangent to last said curve North 33°06115' East 95.70 feet to the beginning of a tangent curve concave southeasterly having a radius of 200.00 feet; thence (C34) northeasterly along last said centerline and last said curve through z central angle o= 42°50'20" -an arc distance of 149.54 feet; thence (L35) tangent to last said curve North 7505&135" East 670.82 'feet to the beginning of a tangent curve concave •southerly having a radius of 300.00 feet; thence • (C36) easterly along last said curve L=otgh a Cen=rat angle of 33`20'30" An arc distance of 175.58 feet; thence, (L37) tangentto last said curve South 70°42'5,^" Last 108.17 feet to the easterly lil-ie of the West Ralf of said Section 1; t_aeaoe (L38) -...leaving said City Boundary and along last said easterly line South 00°16'15" West 5075.48. feet to the south qua--ter .corner of said Section 1; thence .•(L39) along the easterly line of the northwest gpa_t-er of said " Section 12 South 00'46756" East 2628.75 feet to the point of Beginning. Containing 634.47 acres, more or less PARCEL 2: Lots 3 and 4 in Section 36, Township 4 North, Range 15 West, San Bernardino Meridian in the County of Los Angeles;'. State of California according the official plat thereof on file in the n� Government Land Office described as a whole as follows: X:\AD—M-M\WDRD iDOCS\MGPSS\EX9?BITS\8000 s"''—IBITS\8562 M3.DOC f ATTACHMENT "A" Page 35 of 40 Beginning at the southeast COX -ler O- said Section 36; thence (Ll) along the souther'_y line o= said Section 36 West 2267,96 'eet to the westerly line.of said Lot: (L2) along said westerly line North 03°26'48" West South. 67°OS'_0" 3; thence il4"•26 feet to the north line of said Lot 3; thence (L3) along the north lines of said Lots.. 59°48'42' East 235.0.47 feet to the easterly line. 3 and 4 of said .North Section 36: :hence (6; along said easte rly line South 00°55'26" West 1034.10 feet to the Point of 3e9innin9- ' Parcel 2 containing 57.68 acres, acre or less- crCe�_5'1 and 2 Contain '092.15 acres, IIO.e Or 1 _n the_r ns$� $o\RDHMPORD DOCS\LSGALS\r7"•z+•+.+ITS\8000 ESF38ITS\8562 gYji.Dx f BMW BMlYON NMBxAa0N-OMI M MOUSE NUMBERING MAVS 243 M f05 246 H 165 240 M f65 SCALB: V -200(Y ASSESSgt PNtCEI. i _ 2848031-011 2 0 9 0 011-012 ze9e0uma 284eau-oln ' 849-01Z-026 TO 2898.G*E-032 2048 alb00 2099 012-094 1840all-045 281U 033-050 2a 46-M-Bsa 2048012-059 2a4, U12 060 1846-012 00 3048"022-010 2849 01 2978,012076 284"12-0n 2940.033-014 2 8 4 0-013 016 xa40-01301] 2848 -013 -BAB 2648014-010 . 2848014-017 2090.029005 7,040 029 MG 2048029 -OW 2848 -029 -MB 2,48029009 2848.029.011 2849W9 8V 3843-M U19 28480350,1 2848-035002 2848-035003 2840 035004 Za40.035.005 ASSESSOR PARCM IWLW Jt6 PARCEL 2 2448-005-075 T0076 1 ANNEXATION No. 201 "f0 THE GI JY OF SAN IA CU f ATTACHMENT"A" I I Page 37 of 40 ATTACHMENT B T.. G -U DESCR=ON AR\T=A.TIOW NO. 2011-t> TO ' CTTY OF S_gl\7A CI�ARITA "_�rOP,I..��r\D-P.OBiRSONR�rvCH" , Those portions of Section 13 and of the northaast c1a_-te_- of Section 24, all in Township 4 North, -Range 15 West, San Bernardino Meridiem in the Co,=:y of Los Angeles, State -of California described as follows: Beginning at the northeast corner of said Section 24; thence (11) along'the easterly line of the northeast ons e-- of said Sec'"ion 24 South 00`23'2.5". west 2649.07 feet to the sou easterly corner Of the ., northeast cuar=er o said Sactlo_ 24, said corner being a:± ay"e point the boundary or the Ci: =y pf Santa C-c_i_a•as =ne same existed on February 15, 20"il;. hence t rel' -i- <. (�2j-_alon�-s_ed City Bov�3a_� �n2"_.,Or•__E COL'rSes and cT�"¢eS; SDn'h T 69053152" West 13'_8.61 feet; thence (13) North 00°16128" Bast.2340.95 feet, thence (14) South 70°26'05" 'West 640.20 feet; thence A (15) North 19033155". West 367.72 feet to a point on a curve concave nosthwestp= y.hav-,ng a•radius of 1522.47 Peet, a radial line h—rougi said point bears North 33017102" West; thence (C6) nost_heasterly along said c: e through a central angle of l0°18'51" an arc distance 6f 274.07 Peet; thence (17) non -tangent to said curve South 89°44142" West 346.96 feet; thence (18) North 49°22'39" East 262.45 feet; thence (19) North 000,17'03" East. 377.03 Peet to a point on a curve, cone=_ve northerly haling a radius of 2469.00 Peet, a -radial linethrough last said point bears North 14°15'51" West; thence (C10)- westerly along last said curve through a central angle of 16'20`5l" an arc distance of 704.45 -feet; thence X:\P?xTN\wD---kD DCSVzCaLS\z I*S\6000 s'i. C-_yE35\8563 ATTACHMENT "A" Page 38 of 40 fee to the d cl=vs North 81055'00' 'Zest (:�Il) tanngent -10 5&1 , dius of 1000-00 ant curve concave northerly havillc�7 S -a beginning Of a tangent feet; thence angle 0� 0E ',22' 03' (C12) westerly along !as- said curve t-n-ro'42 a 'eau a. tangent r&eVe=sL beginning Or - ax arc distaste eat �o "he tance of 146.04 t; thence ,.aj,,n5 a radius of 1000.00 fee curve concave 60,_,therly ID056129" .1 said cu --7e F central angle . C) f (C_3)Westerly 21-OP9 'as' �an thencefeet, an arc dis Ce 0 -h 89°30'3a" west 1232.56 (1.14) tangent to last said cu=;ve Sou thence a point on the centerline or Wes s93.35 feet (1--,5) North 00°02'4'6" We (State Z-1ghway l4) thencePa2ltelope Valley Freeway at -e -the �117451' 12-z5.'76 along said centerline South BB s 0, ec,—,-ve ConCaT- Lzn c'faI a: SBDD. DD = at; thenx6 I curve centerline analong said northeaserly alongSaid I angle of 20-4V36' an -arc distanae 2099-83 feat C, -e-- v I!,, ation of -i West Er -ooint On a recorded imaust oil a rmen-, described is Percal in docum-em. . Cpunty. POcorder Official Records, in the office Lf the ,L20.9676 0� Of ic No. 68 . f . E of said county; thence lorgat.,o Boundery and long said P!�O n en I d a10-1,19 (T� leaving �n said City the T ' e St A�01 67 feet to northerly 1 said wast'erly line South GO*-jjrO3" We - . . ded F =-�Iary 27, 196B I domme-Dt' reror ab of the -land described *as Parcel 1 it as 3:nm,6nt No. .3275 of said Official -Records.; than'. 'd northerly line South. .8904215 . 7" East 20D.00 =--set to tI, e (12.9) along hence westerly line 09 lastL said Parcel 1;, (T,20) along said easterly feet to. =he -�Brly line South D() 0 1-1; 03" West 2DO.00 southerly line 0- -as i- t said Paroel'IF the,re n . 0 feet to the (L21) along said southerly line -North 89-42'57" West 200-0 of parcel I as desc= -bed in said dOaOMen t re-orded August was-erly oil. 1988; thence N ATTACHMENT "A Page 39 of 40 ." -(;L22) along last said westerly line South 00°17'03" West '341.67 'eet to the southerly line of last said Parcel thence (123) along last s -d southerly line North 89°40'54" East 465.88 feat to.. the southeasterly fine of last said Parcel 1;. thence (124) along said southeasterly line North 43011'47' Bast 94.85 feet to the beginning of a tangent curve concave southeasterly having a _radius of 1532.47 fee:; fence (C25) northeasterly along 'last said curve and along said. southeasterly liae-troagh a central angle of 33°12rD0" an arc distance o 867.99 -ee%; thence (126) non -tangent to last said curve and along last said southerly line North 80041'09" East 112:38 feet; thence (127) continug along last said southerly line North 87°DSDOr East 594.72 feet to the easteriv line of `?e southeast quarter 0f said Section 1s; thence (128) along last said easterly line South 00°26'42" west 1218.04 fest to the Point of Beg;,=•ing. Containing 204.32 acres, ire or less. X: V+7+�ti\iaOAD Do:SU�••C-P7.5� "=TeITSXB Doo E$ ZTS\8563 =M.:= nWen aw SCALE: ]'^800` F.Ir-rrt� vuNgnY W IiC—•� �I ' • � P"'TOWV IYI\INI ' �YSY'��lilrSi�,S1�Ifi2 VY�S t3�Vj ��'3�Vf�J?� El�ra���lllktYS�ki Yr"R.'�I�.ci�u,n3s4! ann\�vz ylryglµekW.11011V4kLLOrxf lPoxVlq.MMIWI R/INI AMFtX\Ipll-11%1]DML _ , CJJYM mF IIIY ORRFIR q1Y OF SNiTr{ tEu Y sonic: 'ANNEXATION NO. Ze�I -23 W l fAfO 8101 Ly H - Nie�{,T—nnria 'i TOU. nGIRetlI.If .f• W'I�lau„4v co A y ���.�����.e"�•,i ' _..,:z ,.. / Iz LSOAND _J 0 n — -----•J'—�j�/' q xnlualWl Eanminr w+nm,+ � F — YMIRMr g 1L me a Rul3E YxMIfM1 ' 204.32ACIMS A hn r IMRRR4 iFFF rOrt Ott V49rtc if We .2Iw n � ... ..� '�'• 'p � •• •.•_ _ p1O ze o 0o ios yy��rr Iw - N ._- 11 � �__ 4 fr .y(SS. • 2810-001-BV2 WWJrm.W _ • ! • .. S — iRl �1:Sy 20 U -01R-039 If.2 •1• • � •• T.OiM1'IR{YneDL. y _9��/. JI2EL 100-0,9-015 SIfO.0 9-0!4 • _�.IIsi[ RR!0_0 i 022 . . S N ' � 10.VF.I2:Y 12 • • iMIe4M.en ... �IS1@7 wr JJE9 A INy-1 Q 2 21r 9eM1 M 165 4L . e�p Y Y ff��s 20) 1161 aT- Re) it lvs `•' I5� 3 ��t--JO1°'snz,rsu A nWen aw SCALE: ]'^800` F.Ir-rrt� vuNgnY W IiC—•� �I ' • � P"'TOWV IYI\INI ' �YSY'��lilrSi�,S1�Ifi2 VY�S t3�Vj ��'3�Vf�J?� El�ra���lllktYS�ki Yr"R.'�I�.ci�u,n3s4! ann\�vz ylryglµekW.11011V4kLLOrxf lPoxVlq.MMIWI R/INI AMFtX\Ipll-11%1]DML _ , CJJYM mF IIIY ORRFIR q1Y OF SNiTr{ tEu Y sonic: 'ANNEXATION NO. Ze�I -23 ' TO THE CITY OP SnMTA CNRITA fAfO 8101 Ly "1ONICd,�— a �a co A y O 1 O to Iz 0 r_1ir_Td:hId:4.raa (Assignment) ASSIGNMENT BY COUNTY OF LOS ANGELES MW ASSUMPTION BY CITY OF SANTA CLARITA, CA OF EXCLUSIVE FRANCHISE AGREEMENT between the County of Los Angeles and Burrtec Waste Industries, Inc. for provision of Refuse, Recyclables, and Green Waste Automated Cart Services at Residential Premises and Certain Multifamily and Commercial Premises for the Service Area of Santa Clarita Valle This ASSIGNMENT AND ASSUMPTION cited in the preceding title ("Assignment") is between the County of Los Angeles, a political subdivision of the State of California ("County") and the City of Santa Clarita, a municipal corporation and California general law city ("City") (collectively, "Parties"). It is effective on the first day of the customer's next billing period beginning after the County received written notice from the City that the Los Angeles County Local Area Formation Commission ("LAFCO") has approved the City's annexation ("Effective Date"). For example, if the County receives notice on February 14, in the middle of a January - March billing quarter, then the Effective Date would be April 1. The Parties agree as follows: 1. Recitals and Findines. The Parties make this Assignment with reference to the following facts, circumstances and findings: (a) Subject of Assignment: County and Burrtec Waste Industries, Inc. ("Burrtec") entered into an Exclusive Franchise Agreement with a service commencement date of November 1, 2008 ("Franchise Agreement") attached to this Assignment as Exhibit A. The service area under the Franchise Agreement is comprised of a portion of the unincorporated Santa Clarita Valley. It is described in Attachment 1 to Exhibit 3D of the Franchise Agreement, page 72: Castaic, Canyon Country, Newhall, Valencia, Saugus and Stevenson Ranch ("Franchise Service Area"). (b) Background: (i) The City has entered into an entirely separate franchise agreement with a different franchised hauler to provide solid waste handling services within the City's incorporated boundaries. Under that franchise agreement, certain residential premises and multi -family premises in the City (those that discard their LA 44850.3185-2816 vl HOA.961206.1 I solid waste in automated carts pending collection), receive different services than do the same type of customers in the County's Franchise Service Area under the Franchise Agreement. (ii) The City has completed annexations listed in Exhibit "B" (the "Annexed Area"). (iii) Assignable Right: Neither the Franchise Agreement nor law prohibits County from assigning the Franchise Agreement to a third party or places any conditions or limitations on County's assignment. Burrtec's solid waste management services are not personal in a manner that would preclude this Assignment. Moreover, Burrtec consents to this Assignment below, following the signatures of the County and City. (c) Parties' Goals: (i) Uniform City Service: The City wants to provide all its residents with the same solid waste management services provided under the City's current franchise. (ii) Burrtec Will Provide Uniform City Service: Under Section 49520 et. seq. of the CA Public Resources Code, Burrtec has the right to continue to provide services under the Franchise Agreement until the Franchise Agreement expires on October 31, 2015. However, Burrtec is willing to provide the services for the City in the Annexed Area as Burrtec and the City may agree. The City wants to administer and enforce its franchise agreement with Burrtec. (iii) Uniform Unincorporated County Service: However conversely, the County wants solid waste handling services under the Franchise Agreement to be uniform throughout the Franchise Service Area. In addition, it does not want to assume liability for administering and enforcing Burrtec's new obligations to provide services in the Annexed Area in accordance with City programs. It wants Burrtec to continue providing municipal solid waste management services, outside the Annexed Area, until the expiration or termination of the Franchise Agreement. (d) Parties' Intent: (i) Franchise Assignment/Assumption Made As of the Effective Date: The City and County intend that the County will assign all of its rights and obligations under the Franchise Agreement to the City; and the City shall assume those rights and obligations with respect to the Annexed Area. (ii) Exception Regarding Remaining Franchise Service Area: The City and County do not intend that the County will assign its rights and obligations under the Franchise Agreement, or the City will assume those rights and obligations outside the Annexed Area. LA #4850-3185-2816 v1 HOA.961206A2 (iii) Reservation of Certain Rights, Remedies and Benefits: The City and County intend that they will reserve certain rights, remedies and benefits described below with respect to franchise services that Bumec provided in the Annexed Area prior to the Effective Date of this Assignment. (e) Adequate Consideration: The City and County find that their respective assignment and assumption under this Assignment comprises good and valuable consideration, including achievement of their goals described above. 2. Assignment by County: (a) Assignment: The County assigns to the City on the Effective Date, subject to the exceptions, restrictions, and reservations, as listed below, all of the County's rights, interests and obligations under the Franchise Agreement, and the City acknowledges delivery and receipt of that assignment by the County. (b) Exception: The County excepts from its assignment, its rights, interests and obligations under the Franchise Agreement, the Franchise Service Areas outside the Annexed Area. This Assignment is not a novation of the entire Franchise Service Area and Franchise Agreement. (c) Restriction: The assignment does not include the County's rights, remedies and benefits under the Franchise Agreement with respect to the Annexed Area prior to the Effective Date. County may continue to exercise those rights, and remedies and receive those benefits following this Assignment (d) Reservation: County reserves its following rights, remedies and benefits under the Franchise Agreement with respect to: 1) Section 2B Obligations Upon Expiration or Termination ofAGREEMENT, with respect to this assignment as if it were the expiration or termination of the Franchise Agreement; 2) Section 8 OWNERSHIP OF SOLID WASTE; 3) Section 17 DEBARMENT BREACHES AND DEFAULTS; SUSPENSION 4) Section 18 ENFORCEMENT OF AGREEMENT. Examples of County's reserved rights include the County's power or authority to demand that Burrtec pay indemnities, franchise fees or liquidated damages for any liabilities related to events occurring prior to the Effective Date for the Annexed Area; maintain records; and submit reports, and further include Burrtec's correlative obligations and duties to do those acts. An example of County's reserved remedies include its assessment of liquidated or other damages, and enforcing breaches or defaults under the Franchise Agreement. LA #4850-3185-2816 v1 HOA.961206A3 Examples of County's reserved benefits, advantages and privileges include survival of Burrtec's acknowledgements, representations and warranties. 3. Acceptance and Assumption: (a) As of the Effective Date, subject to the reservations, restrictions and exceptions under Section 2: 1) City accepts County's right, title and interest under the Franchise Agreement, and 2) City assumes all of County's rights and obligations under the Franchise Agreement. (b) City shall observe, perform and discharge all of the duties, obligations, liabilities and restrictions imposed on County under the Franchise Agreement which pertain to and are to be observed, performed and discharged on and after the Effective Date (with respect to the Annexed Area). The City releases the County from any of those duties, obligations, liabilities and restrictions. The City acknowledges that although this Assignment is not a novation and County reserves such rights and benefits under the Franchise, County is not a surety for Burrtec's performance or non-performance under the Franchise Agreement. (c) The City and County each acknowledge that they each are receiving adequate consideration for their respective rights and obligations under this Assignment, including those described in the Findings above. 4. The Parties' Representations and Warranties. (a) The County represents and warrants to the City as follows: (i) As of the Effective Date, neither the County nor, to the best of its knowledge, Burrtec, are in default in the performance of their respective obligations under the Franchise Agreement as it relates to the Annexed Area. (ii) As of the Effective Date, neither the County nor, to the best of its knowledge, Burrtec, have or have filed any claims, actions, or complaints against each other in connection with the Franchise Agreement as it relates to the Annexed Areas. (iii) The County represents and warrants that it has the all requisite right, power, legal capacity and authority to enter into and carry out the terms of this Assignment. (b) The City represents and warrants to the County that it has the all requisite right, power, legal capacity and authority to enter into and carry out the terms of this Assignment. LA #4850.3195-2816 v1 HOA.9612mi4 5. Indemnification. (a) The County will indemnify and hold harmless City from and against any and all claims, actions, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Franchise Agreement prior to the Effective Date of this Assignment in connection with the Annexed Area. (b) The City will indemnify and hold harmless County from and against any and all claims, actions, damages, costs (including, without limitation, attorney's fees), injuries, or liability arising out of the Franchise Agreement after the Effective Date of this Assignment in connection with the Annexed Area. 6. Miscellaneous. (a) This Assignment is governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws. (b) No term or provision of this Agreement may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of the both parties. (c) The section headings in this Assignment are for convenience of reference only and are not to be referred to in construing or interpreting this Assignment. (d) This Assignment constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and thereof and supersedes all prior or contemporaneous agreements of the parties with respect to that subject matter. (e) If either party to this Assignment brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attomeys' fees to be paid by the losing party as fixed by the court. (f) This Assignment may be executed in counterparts, each of which is an original but all of which together constitute but one and the same instrument. Signature and acknowledgment pages, if any, to this Assignment may be detached from any counterpart and re -attached to any other counterpart of this Assignment which is identical in form hereto but having attached to it one or more additional signature and acknowledgment pages. (g) Attachments and exhibits to this Assignment are incorporated in this Assignment by reference and comprise a part of this Assignment. [SIGNATURES ON NEXT PAGE] LA #4850-3185-2816 A HOA.9612o6.15 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR COUNTY OF LOS ANGELES: M Mark Ridley-Thomas Chairman of the Board Date: ATTEST: SACHI A. HAMAI Executive Officer of the Board of Supervisors of The County of Los Angeles By Deputy APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel By FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: ATTEST: By: IA 44850-3185-2816 A HOA.961206A6 City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY 0 City Attorney Date: LA #4850-3185-2816 v1 HOA.961206.17 Consent to Assignment. and Agreement 1. Burrtec Waste Industries, Inc. ("Bu"tec") acknowledges receipt of this Assignment. 2. Burrtec consents to the County's assignment and City's acceptance and assumption under this Assignment. 3. Burrtec acknowledges that after the Effective Date (with respect to the Annexed Area) it will no longer be in privity with County and will be in new privity with the City, and County has discharged its obligations and duties to Burrtec. 4. Burrtec will not raise any objection to enforcement of the Franchise Agreement based on County's discharge of duty under the Franchise Agreement or any corresponding change in Burrtec's duty, burden or risk under the Franchise Agreement. 5. Burrtec represents and warrants to the County and City as follows: (a) As of the Effective Date, neither Burrtec nor, to the best of its knowledge, the County, are in default in the performance of their respective obligations under the Franchise Agreement as it relates to the Annexed Area. (b) As of the Effective Date, neither Burrtec nor, to the best of its knowledge, the County, have or have filed any claims, actions, or complaints against each other in connection with the Franchise Agreement as it relates to the Annexed Areas. (c) It has the all requisite right, power, legal capacity and authority to enter into and carry out agreements made under this consent. BURRTEC WASTE INDUSTRIES, INC. By: President Date: ATTEST: By:_ Secretary Date: LA #4850-3185-2816 vi HOA.961206.18 EXHIBrr "A" (County Franchise Agreement) LA #4850-3185-2816 v 1 HOA.961206.1 CONTRACTOR EXECUTE 001874 Exclusive Franchise Agreement For The Area of Santa Clarita Valley BY AND BETWEEN THE COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS AND BURRTEC WASTE INDUSTRIES, INC. CONTRACTOR EXECUTE 0018'74 EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND BURRTEC WASTE INDUSTRIES, INC. FOR PROVISION OF REFUSE, RECYCLABLES, AND GREEN WASTE AUTOMATED CART SERVICES AT RESIDENTIAL PREMISES AND CERTAIN MULTIFAMILY AND COMMERCIAL PREMISES FOR THE SERVICE AREA OF SANTA CLARITA VALLEY NOVEMBER 1, 2008 TABLE OF CONTENTS RECITALS......................... I ................ I............ 1 SECTION 1 GRANT OF RIGHT AND PRIVILEGE TO PROVIDE FRANCHISE SERVICES ............................................ 3 A. Grant of Franchise ................................. 3 B. Exclusions from Franchise ............................ 4 C. Definition of Rights ................................. 5 D. Franchise Fee ..................................... 5 SECTION 2 TERM ................................................ 5 A. Term ............................................ 5 B. Obligations Upon Expiration or Termination of Agreement... 5 C. Undepreciated Assets ............................... 7 SECTION 3 SCOPE OF SERVICES AND SPECIFICATIONS ............... 7 A. Prescribed Scope .................................. 7 B. County Notice ..................................... 7 C. Change in Scope of Services ......................... 7 D. Franchisee Documentation ........................... 7 SECTION 4 SERVICE STANDARDS ................................... 8 A. Public Health and Safety; Nuisances .................... 8 B. Streets and Alleys .................................. 9 C. Non -Collection Notice ............................... 9 D. Subscription Order .................................. 10 E. No Exceptions to Performance Obligations ............... 11 F. Nondiscrimination .................................. 11 G. Franchisee Waste Reduction Practices .................. 11 H. Customer Correspondence and Other Materials........... 12 I. Publicity and News Media Relations .................... 12 J. Responsiveness to County ........................... 13 K. No Commingling of Interjurisdictional Materials............ 13 L. Key Personnel ..................................... 13 SECTION 5 PRIVACY .............................................. 13 A. General .......................................... 13 B. Mailing Lists ....................................... 14 C. Privacy Rights Cumulative ............................ 14 SECTION 6 UNPERMITTED WASTE SCREENING AND REPORTING....... 14 A. Protocol .......................................... 14 B. Prohibition on Collection ............................. 14 C. Reports to Acting Director ............................ 14 D. Labels ........................................... 15 E. Safe Disposal Customer Education Program 15 SECTION 7 CUSTOMER SERVICE ................................... 15 A. Office ............................................ 15 B. Telephone Service .................................. 15 C. Bilingual .......................................... 15 D. Customer Complaints; Missed Collections ............... 15 SECTION 8 OWNERSHIP OF SOLID WASTE ........................... 16 SECTION 9 DIVERSION ............................................ 17 SECTION 10 RATES AND CUSTOMER BILLING .......................... 17 A. Rates ............................................ 17 B. Billing ............................................ 17 SECTION 11 FRANCHISEE RECORDS; AUDITS ......................... 17 A. Record Maintenance and Retention .................... 18 B. County Custody .................................... 18 C. Inspection and Audit ................................ 18 D. Copies ........................................... 19 SECTION 12 PROGRAM IMPLEMENTATION AND REPORTING REQUIREMENTS........................................ 19 A. Programs ......................................... 19 B. Submission of Records .............................. 19 SECTION 13 REPORTS ............................................. 19 A. Types and Content ................................. 19 B. Format ........................................... 22 C. Reporting Adverse Information ........................ 22 D. Submission of Reports ............................... 23 E. County's Right to Request Information .................. 23 F. Reporting Requirements for Improper Solicitations......... 23 SECTION 14 INDEMNIFICATION AND INSURANCE ....................... 23 A. Indemnification and Release of County .................. 23 B. Insurance ......................................... 25 C. Compensation for County Costs ....................... 28 SECTION 15 PERFORMANCE ASSURANCE ............................ 28 SECTION 16 EMERGENCY SERVICE .................................. 29 A. County Right to Provide MSW Management Services...... 29 B. Disaster Assistance ................................. 33 SECTION 17 DEBARMENT BREACHES AND DEFAULTS; SUSPENSION; TERMINATION .......................................... 34 A. Notice of Breach; Franchisee Cure ..................... 34 B. Franchisee Default .................................. 34 C. Notice of Franchisee Default .......................... 36 D. Suspension or Termination of Agreement ................ 37 E. Franchisee Responsibility and Debarment ............... 38 SECTION 18 ENFORCEMENT OF AGREEMENT ......................... 38 A. As Provided by Law ................................. 38 B. County's Additional Remedies ......................... 38 C. Injunctive Relief .................................... 39 D. Recovery of Damages ............................... 39 E. County's Reimbursement Costs ....................... 41 F. Waiver ........................................... 41 SECTION 19 TRANSFER OF FRANCHISE .............................. 41 A. Director Consent ................................... 41 B. Franchisee Demonstration ............................ 41 C. Payment of County's Transfer Costs. . . ....... ......... 41 D. County's Reimbursement Costs of Enforcement........... 42 SECTION 20 GENERAL PROVISIONS .................................. 42 A. Exercise of Options ................................. 42 B. Independent Status.................................42 C. Damage to Property and Personal Injury ................. 42 D. Venue ........................................... 43 E. Amendments and Changes ........................... 43 F. Notices ........................................... 43 G. Authorized Representative of Director ................... 44 H. Authority and Representations; County Disclaimer......... 44 I. Limitation on Subscription Orders. . . ......... ......... 45 J. Criminal Activity .................................... 45 K. Notice of Delay .................................... 46 L. County's Quality Assurance Plan ....................... 46 SECTION 21 DEFINITIONS AND INTERPRETATION OF AGREEMENT....... 47 A. Definitions ........................................ 47 B. Interpretation and Construction ........................ 47 C. Integration ........................................ 48 D. Governing Law ..................................... 48 E. Severability ....................................... 48 F. Interpretation ...................................... 48 SECTION 22 COMPLIANCE WITH LAWS AND REGULATIONS .............. 49 A. Applicable Law ..................................... 49 B. County Child Support Compliance Program .............. 50 SECTION 23 LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS........................................... 50 A. Labor Code ....................................... 50 B. Consideration for GAIN/GROW Participants for Employment. 51 C. Notices to Employees ............................... 51 D. Prohibition Against use of Child Labor ................... 52 E. Nondiscrimination .................................. 52 F. Safety. . .................................... ..... 53 G. County Lobbyists ................................... 54 SECTION 24 EXECUTION OF AGREEMENT ......... . ................... 54 A. Execution of Counterparts ............................ 54 B. Authority to Execute ................................. 54 EXHIBIT 3A FRANCHISEE SERVICES AND SERVICE SPECIFICATIONS.... 56 A. Provisions Cross -Referenced in the Body of the Agreement. 56 B. General Specifications ............................... 57 1. Collection Commencement Date/Hours of Collection. 57 2. Waste Diversion Program ................... 57 3. Containers ................................ 59 4. Vehicles .................................. 61 5. Subcontractors ............................. 61 6. Routing and Container Placement .............. 61 7. Collection Frequency ........................ 62 C. Refuse Collection, Transportation, and Disposal........... 62 D. Recyclables Collection, Transportation, Processing, and Diversion ......................................... 63 E. Green Waste Collection, Transportation, Processing, and Diversion ......................................... 66 F. Special Services ................................... 66 1. Holiday Tree Collection ...................... 66 2. Bulky Items, Excess Solid Waste, E -Waste and CEDs Collection ....................... 67 3. Special Events Cleanup Services ............. 68 4. Vehicle Billboards ................ 68 G. Roll -Out Services ................................... 69 H. Senior Discount .................................... 69 I. Transition Roll -Out Plan .............................. 70 iv J. Franchisee Commitments Made in Its Proposal to County for Procurement of This Agreement ....................... 70 K. MSW Management Services to Residential Premises in Bins. 70 ATTACHMENT 1 to Exhibit 3A STREET SWEEPING SCHEDULE (Section 66) ....... 72 EXHIBIT 3D FRANCHISEE DOCUMENTATION .......................... 73 EXHIBIT 10 RATES ................................................ 76 ATTACHMENT 1 TO EXHIBIT 10: RATE ADJUSTMENT EXAMPLES .................... 80 ATTACHMENT 2 TO EXHIBIT 10: RATE SCHEDULE (Customer Service Charges) ......... 83 EXHIBIT 181D2 LIQUIDATED DAMAGES .................................. 84 EXHIBIT 20G AUTHORIZED REPRESENTATIVE OF COUNTY'S DIRECTOR OF PUBLIC WORKS ........................................ 87 EXHIBIT 20H FRANCHISEE'S REPRESENTATIONS AND WARRANTIES...... 88 EXHIBIT 21 DEFINITIONS ........................................... 91 P:\asDub\CONTRACT\Jeane"e\FRANCHISE AGREEMENTS\200TAgmements\TOC_Agreement_SCV.doc V 001874 THIS AGREEMENT is made and entered into on oC�i 3� 2008, by and between the County of Los Angeles, a political subdivision of the State of California (COUNTY), and Burrtec Waste Industries, Inc., a California Corporation (FRANCHISEE). RECITALS WHEREAS, Municipal Solid Waste (MSW) Management Services have been provided by private haulers pursuant to permit. Historically, in the approximately 2,700 square mile unincorporated territory of the COUNTY, with a population of approximately one million inhabitants, MSW Management Services have not been provided by the COUNTY itself but rather by private industry through competitive, free enterprise, and open -market, private operations, except in Garbage Disposal Districts where the Garbage Disposal Districts contract with private haulers. Residents and businesses have individually arranged for Solid Waste collection. Customer service charges have been negotiated between customers and haulers. The practice of private arrangements for MSW Management Services between a hauler and Customers will continue under this AGREEMENT, but in order to limit the wear and tear on COUNTY streets, reduce pollution from collection vehicle exhaust, increase customer service accountability, improve Assembly Bill (AB) 939 program implementation performance and reporting accuracy, and facilitate more efficient franchise agreement administration and enforcement by COUNTY staff, only FRANCHISEE will arrange with Customers for MSW Management Services, subject to the terms of this AGREEMENT. WHEREAS, the COUNTY is authorized to award franchises to private haulers. Article XI, § 7 of the California State Constitution authorizes the COUNTY to protect the public health and safety by exercising its authority over police and sanitary matters. Historically, the COUNTY Department of Health Services issued permits to haulers for the hauling of solid waste with requirements to protect public health and safety, including frequency of collection and collection vehicle maintenance. It will continue to do so, and FRANCHISEE will continue to obtain that permit and comply with all of its provisions. WHEREAS, California Public Resources Code § 40059 specifically authorizes the COUNTY to prescribe the terms and conditions of aspects of MSW Management Services, including frequency of collection; means of collection and transportation; level of services; charges and fees; and the nature, location, and extent of providing MSW Management Services; and whether the services are to be provided by means of nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit or otherwise. WHEREAS, the County Code authorizes the COUNTY'S Acting Director of Public Works to require franchises in any part of the unincorporated territory of the COUNTY not served by a Garbage Disposal District. Page 1 WHEREAS, the COUNTY must comply with AB 939. The State of California has found and declared that the amount of solid waste generated in California coupled with diminishing landfill space and potential adverse environmental impacts from landfilling have created an urgent need for State of California and local agencies to enact and implement an aggressive new integrated waste management program. Through enactment of AB 939, the State of California has directed agencies, such as the COUNTY, to divert 50 percent of all solid waste through source reduction, recycling, and composting activities. The California Integrated Waste Management Board has granted the COUNTY a time line to achieve compliance with the AB 939 diversion requirements. Compliance is based in part on executing and implementing this AGREEMENT in order to secure cooperation with FRANCHISEE'S AB 939 waste diversion programs, record keeping, and reporting. WHEREAS, the COUNTY'S Acting Director of Public Works has determined to require franchises for Franchise Services. In order to assist residents and businesses located in the Service Area to receive quality MSW Management Services and to provide the COUNTY with programs, records, and reports that will help the COUNTY comply with AB 939, the Acting Director of Public Works has determined to franchise MSW Management Services in portions of the COUNTY, under the terms of this AGREEMENT. The COUNTY gave the FRANCHISEE a 5 -year notice under California Public Resources Code § 49520 of the COUNTY'S intent to authorize, among other options, the exclusive franchising of MSW Management Services in portions of the COUNTY. WHEREAS, residents and businesses in the service area are not required to subscribe to Franchise Services. They may self -haul their refuse, and this AGREEMENT excludes the collection of self -hauled waste. Owners and occupants of residential premises may collect solid waste in their own containers, transport in their own vehicles and themselves dispose of solid waste generated at their premises. The obligation to FRANCHISEE'S customers under this AGREEMENT to pay Customer Service Charges under this Agreement does not arise because they own property, but because they generate refuse and do not exercise their right to self -haul. WHEREAS, the FRANCHISEE will perform Franchise Services in accordance with the laws governing the safe collection, transport, recycling and disposal of Residential and Commercial Solid Waste, such as AB 939, Recovered Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response Compensation and Liability Act (CERCLA). The COUNTY will not exercise control over the disposal or other disposition of the Solid Waste handled by the FRANCHISEE, and the COUNTY will not designate or determine the use of any given solid waste facility. FRANCHISEE acknowledges that by entering into this AGREEMENT, the COUNTY does not assume any of FRANCHISEE'S obligation to or responsibility for providing Franchise Services, and the COUNTY does not become a "generator' or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3). FRANCHISEE agrees that FRANCHISEE, an independent entity, and not the COUNTY, is arranging for Franchise Services provided under this AGREEMENT. Although minimum scope of Franchise Services, Service Specifications, and Service Standards are set forth in this Page 2 AGREEMENT, the COUNTY has not, and by this AGREEMENT does not, supervise Franchise Services or assume title to Solid Waste. WHEREAS, the COUNTY consulted with representatives of private haulers in developing this AGREEMENT. The COUNTY and representatives of the private hauling industry met many times to discuss the scope of Franchise Services, Service Specifications, Service Standards and other Performance Obligations and to address certain of the industry's questions, comments and concerns, and the COUNTY provided multiple drafts of this AGREEMENT to these representatives. WHEREAS, the FRANCHISEE has set its compensation (the Customer Service Charges) through competitive procurement. The COUNTY issued a Request for Proposals to provide services under this AGREEMENT, and private waste hauling companies submitted proposals, including their proposed schedule of rates and charges. The COUNTY selected FRANCHISEE based, inter alia, on FRANCHISEE'S price proposal. Under this AGREEMENT, the FRANCHISEE cannot charge more than the Customer Service Charges, which it bills and collects from its customers. WHEREAS, the FRANCHISEE is awarded this AGREEMENT. The Board of Supervisors determines and finds pursuant to California Public Resources Code § 40059, that the public health, safety, and welfare require that FRANCHISEE be awarded this AGREEMENT for Franchise Services pursuant to Chapter 20.70 of the County Code. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1 - GRANT OF RIGHT AND PRIVILEGE TO PROVIDE FRANCHISE SERVICES A. Grant of Franchise. COUNTY grants to FRANCHISEE the right and privilege described in this Section. COUNTY'S grant is conditioned on FRANCHISEE being at all times ready, willing, and able to fully and timely meet all of its Performance Obligations. FRANCHISEE accepts this Franchise subject to all of the terms and conditions in this AGREEMENT and the exclusions in subsection B. Grant of Exclusive Franchise for Collection in Carts. COUNTY grants to FRANCHISEE the exclusive right and privilege together with the obligation to make and enter into independent arrangements with Customers for the provision of Franchise Services to Residential Premises, and any other rights and privileges provided in Exhibit 3A, subject to the exclusions in subsection B. 2. Grant of Nonexclusive Franchise. Recyclables. COUNTY grants to FRANCHISEE the nonexclusive right and privilege together with the obligation to arrange to provide Page 3 Franchise Services with respect to Recyclables discarded by Customers if prescribed in Exhibit 3A. Notwithstanding the foregoing, however, Customers may donate or sell any or all of their Recyclables to Persons other than FRANCHISEE. B. Exclusions from Franchise. 1. Customer Self -Haul. This Franchise excludes the right and privilege to Collect self -hauled Solid Waste. Owners and occupants of Residential Premises and other Persons performing services other than MSW Management Services (such as roofers and gardeners) at those Premises may collect in receptacles other than Containers provided by FRANCHISEE, transport in their own vehicles, and themselves dispose of some or all of the Solid Waste generated at those Premises. 2. COUNTY and Third -Party Agencies. This Franchise excludes the right and privilege to arrange to provide Franchise Services to Premises owned or controlled by any of the following entities: a. COUNTY or any other entity governed by the Board of Supervisors; b. The State of California; C. Any school district; d. Any entity that is excluded by law from the obligation to subscribe to Franchise Services under this AGREEMENT. This Franchise does not prohibit FRANCHISEE from executing separate agreements with those entities to provide MSW Management Services. 3. Collection of Solid Waste in Bins at Residential Premises. This Franchise excludes the right and privilege to provide Collection of Solid Waste in Carts for any Residential Customer requesting Bins instead of Carts, or any other exclusions provided in Exhibit 3A. That Customer may arrange with FRANCHISEE or another Person to provide MSW Management Services in Bins. 4. Collection of Solid Waste in Carts at Commercial Premises and Multifamily Premises. As provided in Section 1A2b, this Franchise excludes the exclusive right and privilege to provide Collection of Solid Waste in Carts at Commercial Premises and Multifamily Premises. 5. Riahts Under California Public Resources Code § 49520. This Franchise excludes the right and privilege to arrange for provision of Franchise Services with any Person who is receiving solid waste handling services from a solid waste enterprise that has the statutory right to continue to provide solid waste handling services to that Person in accordance with California Public Resources Code § 49520 et seq. This Page 4 Franchise does not prohibit FRANCHISEE from executing separate agreements with those Persons to provide Franchise Services. C. Definition of Rights. FRANCHISEE acknowledges having received a timely notice from COUNTY under California Public Resources Code § 49520 before entering into this AGREEMENT, which notice precludes FRANCHISEE from asserting the right to continue to provide MSW Management Services in the Service Area without a franchise agreement as may be required by COUNTY, now or in the future. FRANCHISEE further acknowledges that the signing of this AGREEMENT does not confer on FRANCHISEE any rights under California Public Resources Code § 49520 and that FRANCHISEE does not have the right to make any claim under California Public Resources Code § 49520 but only under the terms of this AGREEMENT. Notwithstanding the foregoing, in accordance with California Public Resources Code § 49523, COUNTY and FRANCHISEE agree, based on the mutually satisfactory terms of providing Franchise Services set forth in this AGREEMENT and receipt of compensation therefor, that FRANCHISEE shall cease providing MSW Management Services in the Service Area on the Termination Date even if that Termination Date should occur before the expiration of the period described in California Public Resources Code § 49520. FRANCHISEE'S agreement and acknowledgments in this AGREEMENT do not foreclose COUNTY from reprocuring agreements for MSW Management Services, including from FRANCHISEE, after termination of this AGREEMENT, by exclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit or otherwise, with or without competitive bidding. D. Franchise Fee. In consideration for this Franchise, FRANCHISEE shall pay COUNTY the Franchise Fee at the time and in the amount and manner established from time to time by COUNTY ordinance or resolution of the Board of Supervisors. FRANCHISEE shall not separately identify the Franchise Fee in correspondence with Customers, including in Subscription Orders, bills, or invoices. FRANCHISEE'S fees, charges, and other compensation from providing MSW Management Services to Residential Premises in Bins, as authorized but not required in Exhibit 3A, will not be included in the calculation of the Franchise Fee. SECTION 2 — TERM A. Term. This AGREEMENT commences on the date both parties have executed this AGREEMENT and expires on the Termination Date provided in Exhibit 3A. B. Obligations Upon Expiration or Termination of AGREEMENT. The following provisions will survive the expiration or termination of this AGREEMENT: 1. All acknowledgments, including those in the following Sections: Page 5 Section 1C with respect to inapplicability of cited California Public Resources Code provisions Section 3A with respect to COUNTY responsibility Section 11A with respect to COUNTY'S need for Record maintenance Section 12A with respect to AB 939 compliance Section 21 F with respect to FRANCHISEE choice and initiative Section 23C3 with respect to child support Section 23A with respect to a legal day's work 2. All representations and warranties, including those made in accordance with the following Sections: Section 21 F with respect to review of this AGREEMENT Section 24B, Authority to Execute Exhibit 20H, FRANCHISEE'S Representations and Warranties 3. All Indemnities 4. All obligations to pay any due and payable monetary amounts, or claims for those amounts, including: Any Franchise Fees Payment of Transfer Deposits and Transfer Costs defined in Section 19C Damages under Section 18D 5. All obligations to maintain and submit Records and Reports, including: The final Annual Report Information with respect to Solid Waste Facilities Copies of certificates of insurance or other evidence of coverage and • Records of Disposal Notice of destruction of Records of Disposal Inspection and audit 6. Any other provisions of this AGREEMENT and rights and obligations of the Parties stated to survive the Termination Date, including this subsection B with respect to removal of Containers. If FRANCHISEE is not awarded an agreement to allow FRANCHISEE to continue to provide MSW Management Services substantially similar to Franchise Services in the Service Area after the expiration or termination of this AGREEMENT, FRANCHISEE shall cooperate fully with COUNTY and the succeeding franchisee, licensee, permittee or other provider of MSW Management Services to assure a smooth, efficient, orderly, timely, and effective transition and continued delivery of MSW Management Services to FRANCHISEE'S former Customers. FRANCHISEE shall not remove a Container from any Premises until the earlier of: (1) the date any replacement Containers Page 6 are provided to the Customer, or (2) two weeks after the Termination Date. FRANCHISEE'S OBLIGATIONS AND COUNTY'S RIGHTS IN THIS SUBSECTION B SURVIVE THE TERM. C. Undepreciated Assets. If any of FRANCHISEE'S assets remain undepreciated upon the expiration or earlier termination of this Franchise, FRANCHISEE has no right to recover amounts equal to the undepreciated asset value from COUNTY or Customers, and neither COUNTY nor Customers are obligated to compensate FRANCHISEE for any undepreciated asset value. SECTION 3 - SCOPE OF SERVICES AND SPECIFICATIONS A. Prescribed Scope. FRANCHISEE shall arrange to provide Franchise Services to Premises in the Service Area with any Person who requests them. Notwithstanding the foregoing, subject to meeting the minimum required scope of Franchise Services and Service Specifications and Service Standards, FRANCHISEE has the freedom and discretion to determine the means, manner, or method of providing Franchise Services. FRANCHISEE acknowledges that in entering into this AGREEMENT, COUNTY is not responsible for supervising FRANCHISEE or for performance of any Franchise Services. FRANCHISEE is solely responsible for choosing the Solid Waste Facilities. In addition, County is not the owner or titleholder of any material Collected, transported, Disposed of or otherwise handled by FRANCHISEE. B. County Notice. Upon Notice of request by the Acting Director, FRANCHISEE shall use its best efforts to promptly provide Franchise Services to any Premises, as the Acting Director deems necessary to protect public health or safety. C. Change in Scope of Services. COUNTY may change the scope of Franchise Services and Services Standards, subject to any Rate adjustment agreed to with FRANCHISEE in accordance with Section 10A. D. Franchisee Documentation. 1 FRANCHISEE shall provide Franchise Services in compliance with the Franchisee Documentation attached as Exhibit 3D. 2. Changes in Franchisee Documentation. a. Notice to COUNTY. FRANCHISEE shall give the Acting Director prompt Notice of any changes in Franchisee Documentation listed in Section A of Exhibit 3D Franchisee Documentation, after the Execution Date. The Acting Director's receipt of those changes will be evidenced by the following acknowledgment appended to the changed Franchisee Documentation: Page 7 "Acknowledgment: FRANCHISEE has submitted the attached Franchisee Documentation listed below as of the following date: Date: F Acting Director: b. COUNTY Consent. FRANCHISEE shall submit to the Acting Director for review and consent any changes occurring in Franchisee Documentation listed in Section B of Exhibit 3D Franchisee Documentation, after the Execution Date. The Acting Director's approval will be evidenced by the following acknowledgment appended to the changed Franchisee Documentation "Acknowledgment: I have reviewed and approved the attached Franchisee Documentation submitted by FRANCHISEE as of the following date: Date: -3U-0 F"Acting Director: SECTION 4 - SERVICE STANDARDS A. Public Health and Safety; Nuisances 1. Litter. FRANCHISEE shall clean up all litter caused by FRANCHISEE. When Collecting any Bulky Item, FRANCHISEE shall also clean up all litter within a 10 -foot radius of the site from which FRANCHISEE Collected the Bulky Item. FRANCHISEE shall ensure that each Vehicle is properly staffed and equipped at all times for this purpose. 2. Soills. FRANCHISEE shall enclose or cover Solid Waste that it transports in Vehicles, debris boxes, hoppers, compactors, or any other containers. FRANCHISEE shall prevent Solid Waste from escaping, dropping, spilling, leaking, blowing, sifting, falling, or scattering from Vehicles ("Spills") during Collection and transportation. FRANCHISEE shall not transfer loads from one Vehicle to another Vehicle unless necessitated by mechanical failure or accidental damage to a Vehicle. FRANCHISEE shall immediately clean up any Solid Waste that it Spills onto any alley, street, or public place. 3. Leaking. FRANCHISEE shall prevent oil, hydraulic fluid, paint, or other liquid from leaking from its Vehicles. FRANCHISEE shall ensure that each Vehicle carries petroleum absorbent agents, and other appropriate cleaning agents and if any liquid leaks from a Vehicle, FRANCHISEE shall immediately cover, treat, or remove the liquid materials from the ground, as necessary, and apply the necessary cleaning agent to minimize the adverse impact of the liquid materials. Page 8 4. Noise. FRANCHISEE shall conduct Collection as quietly as possible, in compliance with noise levels prescribed by Applicable Law, including County Code § 12.08.520 - Refuse Collection Vehicles. FRANCHISEE shall perform Franchise Services so as to cause the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which it performs Franchise Services. 5. Emergency Telephone Number. FRANCHISEE shall maintain a local emergency telephone number disclosed to the Acting Director for use by the Acting Director outside Franchisee Office Hours. FRANCHISEE shall make a representative available at the emergency number outside Franchisee Office Hours who will return any emergency call as soon as possible, and in any event within one hour. B. Streets and Alleys. FRANCHISEE shall use its best efforts to prevent damaging alleys, streets, and parking lots over which its Vehicles operate. FRANCHISEE shall obtain all approvals required to operate Vehicles on private alleys, streets, and parking lots. Subject to COUNTY review and approval and to Section 20C, FRANCHISEE may require Customers to sign a Subscription Order containing a waiver of liability and/or an indemnification in connection with subscribing for Franchise Services on private driveways or pavement. C. Non -Collection Notice. FRANCHISEE is not obligated to Collect in any of the following events: 1. FRANCHISEE observes the presence of Unpermitted Waste at the Set - Out Site other than any Unpermitted Waste that Franchisee Collects as Bulky Items, E -waste or CEDs; 2. FRANCHISEE observes an unsafe condition at the Set -Out Site; 3. Solid Waste is not placed in a Container, except for uncontainerized materials set out as part of any on-call Collection of Bulky Items, E -waste and CEDs and annual cleanup campaigns, and uncontainerized Green Waste prescribed as part of Franchise Services, 4. Containers, Bulky Items, E -waste or CEDs are not placed at the Set -Out Site; 5. A Container exceeds any weight limitations described in Subscription Orders; 6. The Customer has not timely paid FRANCHISEE'S invoice for Franchise Services; 7. The Premises are not safely accessible to Vehicles; Page 9 8. FRANCHISEE observes the presence of Refuse or Green Waste in a Recyclables Container or Refuse or Recyclables in a Green Waste Container or any other material in Containers specified in Exhibit 3A; 9. FRANCHISEE observes any other event provided in Exhibit 3A If FRANCHISEE determines not to provide Collection as provided above, FRANCHISEE shall complete and leave a Non -Collection notice, substantially in the form included in Franchisee Documentation, securely attached to a Container, describing the reason the Customer's Solid Waste was not Collected, how the Customer can correct the problem, and how the Customer may contact FRANCHISEE. FRANCHISEE shall Collect the Customer's Solid Waste without surcharge to the Customer no later than 6 p.m. on the day it left the Non - Collection notice, if the Customer notifies Franchise by 3 p.m. that day that the Customer has corrected the condition justifying non -collection. D. Subscription Order. Before commencing Franchise Services for an individual Customer, FRANCHISEE shall provide a Subscription Order to that Customer, substantially in the form included in Franchisee Documentation, which must include at a minimum, all of the following items: 1. The scope of Franchise Services, including size and number of Containers, subscription date, and Set -Out Site; 2. Customer Service Charges, which may be in the form of a general fee schedule, clearly marked to indicate the fees that are specifically applicable to the Customer but which may not separately indicate Rates attributable to Solid Waste materials type, such as Refuse, Green Waste, Recyclables or manure; 3. FRANCHISEE'S billing procedures, including payment due and delinquency dates, FRANCHISEE'S right to terminate Franchise Services for delinquent payments, and, in accordance with Section 10B, the Customer's refund rights after termination of Franchise Services; 4. Holiday schedules; 5. Delivery, pick up, exchange and replacement of Containers; 6. Any weight limitations of Containers; 7. Customers' privacy rights in accordance with Section 5; 8. Nondiscrimination information in accordance with subsection F; 9. Term of the Subscription Order and the Customer's termination rights in accordance with Section 201; Page 10 10. Franchisee Office Hours and toll-free Customer service telephone number; 11. Notice that the Customer's subscription is subject to FRANCHISEE'S execution of this AGREEMENT and will be terminated if this AGREEMENT is terminated; 12. The Customer's right to donate or sell any or all of their Recyclables to Persons other than FRANCHISEE as set forth in Section 1A2a above; 13. The Customer's right to self -haul as set forth in Section 161 above; 14. The Customer's rights in the event of property damage or personal injury as described in Section 20C; 15. COUNTY'S telephone number, which the Customer may call after contacting FRANCHISEE if the Customer's service complaint is not satisfactorily resolved; and 16. Any other information requested by the Acting Director. FRANCHISEE shall annually distribute to Customers a summary approved by COUNTY of the Customer's Subscription Order containing the general information described in items 1 through 15, and describing where a Customer can contact FRANCHISEE to obtain a copy of that Customer's Subscription Order. FRANCHISEE may distribute that summary together with other correspondence from FRANCHISEE to all Customers, such as Customer outreach and educational materials. The Acting Director may change the form and content of Subscription Order from time to time after Notice to FRANCHISEE. FRANCHISEE may change the form of Subscription Order only with the Acting Director's prior written consent in accordance with Section 3D. E. Exceptions to Performance Obligations. No exceptions to Performance Obligations described in the text of this AGREEMENT are permitted unless they are specifically identified in Section A2 of EXHIBIT 3A. F. Nondiscrimination. FRANCHISEE shall comply with Subchapter VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e -2000e(17), to the end that no Customer or any other Person will, on the grounds of race, creed, color, sex, gender, national origin, ancestry, religion, age, physical or mental disability, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. G. FRANCHISEE Waste Reduction Practices. Consistent with the Board of Supervisors' policy to reduce the amount of Solid Waste that is disposed of at Page 11 landfills within the COUNTY, FRANCHISEE shall implement waste reduction practices and procurement policies, including use of recycled -content paper, to the maximum extent possible in providing Franchise Services and maintaining Records. All recycled -content paper that is distributed to Customers must be labeled to indicate recycled content. H. Customer Correspondence and Other Materials. FRANCHISEE shall submit to the Acting Director for approval at least five County Business Days before printing, distributing, or mailing forms of written materials sent or given to Customers (other than with respect to a particular Customer's Subscription Order or Franchise Services complaints). I. Publicity and News Media Relations. 1. Publici . Unless otherwise required by subsection H or subsection 1.2, FRANCHISEE and its Affiliates, employees, consultants, agents, or subcontractors may, without COUNTY consent, publicize its Franchise Services or indicate in its proposals and sales materials that it has been awarded this AGREEMENT to provide Franchise Services, if FRANCHISEE develops that publicity, proposals, or sales materials in a professional manner. Neither FRANCHISEE nor any of its Affiliates, employees, consultants, agents, or subcontractors may publish or disseminate commercial advertisements, news or press releases, opinions or feature articles using the name of COUNTY without the prior written consent of COUNTY'S Chief Administrative Officer and County Counsel. COUNTY shall not unreasonably withhold written consent. COUNTY consent will be deemed given if COUNTY does not submit to FRANCHISEE any adverse comments within two weeks after FRANCHISEE submitted the publicity material to COUNTY. 2. News Media Relations; Trade Journal Articles. FRANCHISEE shall notify COUNTY by telephone followed by facsimile or e-mail, if possible, of all requests for news media interviews related to the Franchise Services (and not other communities) within 24 hours of FRANCHISEE'S receipt of the request. Before responding to requests involving issues other than those relating to descriptions of Collection programs and scope of Franchise Services, FRANCHISEE shall discuss FRANCHISEE'S proposed response with COUNTY. FRANCHISEE shall submit copies of FRANCHISEE'S draft news releases or proposed trade journal articles related to Franchise Services to County for prior review and approval at least five County Business Days in advance of release. Page 12 FRANCHISEE shall provide to County, within five days after publication, copies of articles related to Franchise Services resulting from media interviews or news releases. J. Responsiveness to County. FRANCHISEE shall return telephone calls from COUNTY to the individual who made that call during County Office Hours no later than the next County Business Day. FRANCHISEE shall meet with COUNTY during County Office Hours within one week of COUNTY'S oral or written request at COUNTY offices or other location directed by COUNTY. FRANCHISEE shall respond to all e-mails from COUNTY within two County Business Days of receipt and shall respond to other written correspondence from COUNTY within one week of receipt thereof. K. No Commingling of Interjurisdictional Materials. FRANCHISEE may not commingle, in its Vehicles or otherwise, any Solid Waste that it Collects with any other materials that it collects in cities, without the express prior written consent of the Acting Director, who may require documentation such as records of customers, including container capacities, in cities and in the Service Area, respectively. FRANCHISEE shall maintain Records with respect to Solid Waste separately from weight and records with respect to those other materials. L. Key Personnel. FRANCHISEE acknowledges that it identified certain personnel and described their professional experience and qualifications in the proposal it submitted to the COUNTY in connection with the procurement of this AGREEMENT, and that COUNTY awarded this AGREEMENT to FRANCHISEE based in part on those individuals' experience and qualifications. FRANCHISEE shall identify those personnel ("Key Personnel") in Franchisee Documentation. FRANCHISEE shall provide COUNTY at least 30 days' Notice of changes in Key Personnel, including the professional experience and qualifications of the individual FRANCHISEE proposes to serve in place of a departing Key Personnel, unless a Key Personnel gives FRANCHISEE less than 30 days' notice of resignation, in which case FRANCHISEE shall provide COUNTY prompt Notice. During that 30 -day period, COUNTY may request FRANCHISEE to propose an alternative individual to serve in the position of the departing Key Personnel. SECTION 5 - PRIVACY A. General. FRANCHISEE shall strictly observe and protect the trade secrets and rights of privacy of Customers. FRANCHISEE shall not reveal to a Person other than COUNTY any information identifying individual Customers or the composition or contents of a Customer's Solid Waste to any Person unless under Section 11 or upon the authority of law or upon valid authorization of the Customer. This provision may not be construed to excuse FRANCHISEE from its obligations to assist COUNTY in the preparation of Solid Waste characterization studies or waste stream analyses, keeping Records, making Reports, or assisting COUNTY on meeting any of the requirements of AB 939. Page 13 B. Mailing Lists. FRANCHISEE shall not market or distribute mailing lists with the names and addresses of Customers. C. Privacy Rights Cumulative. FRANCHISEE'S obligations in this Section are in addition to any other privacy rights accorded Customers under Applicable Law. SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING A. Protocol. FRANCHISEE shall develop and implement the Unpermitted Waste Screening Protocol included in Franchisee Documentation, in compliance with Applicable Law and including, at a minimum, the following provisions: 1. Ongoing employee training in identification, safety and notification procedures, including leaving Non -Collection notices, when safe; 2. Means of driver inspection, such as visual inspection during tipping of Containers into Vehicles; 3. Immediate driver response, such as load segregation; 4. Driver notification, such as calling FRANCHISEE'S dispatcher or field supervisor; 5. Notification of appropriate local agency or department; 6. Appropriate action, such as segregation and containerization for manifesting and transport for disposal in accordance with Applicable Law or securing services of permitted handling and transport company; 7. Compliance with Applicable Law, including regulations of the federal Department of Transportation (DOT) (Title 49 CFR) and of the United States Environmental Protection Agency (Title 40 CFR); and 8. Form and content of labels described in subsection D. B. Prohibition on Collection. FRANCHISEE is prohibited, unless licensed in accordance with Applicable Law, from Collecting any Unpermitted Waste observed by FRANCHISEE other than in connection with providing Collection of Bulky Items. FRANCHISEE shall notify all Persons required by Applicable Law of Unpermitted Waste that FRANCHISEE finds or observes in Solid Waste. C. Reports to Acting Director. If FRANCHISEE observes that any substance it reasonably believes or suspects to contain Unpermitted Waste has been disposed of or released on any COUNTY or any other public property, including storm drains, streets, or other public rights of way, FRANCHISEE shall use Reasonable Business Efforts to report its observation to the Acting Director in addition to notifying Persons as required by Applicable Law. Page 14 D. Labels. FRANCHISEE shall conspicuously label Containers with stickers, embossing, or other secure means, prohibiting Customers from discarding Unpermitted Waste and including illustrative examples. E. Safe Disposal Customer Education Program. As part of its Unpermitted Waste Screening Protocol, FRANCHISEE shall develop and implement a Customer educational program to maximize exclusion of Unpermitted Waste from Disposal and promote safe handling of Unpermitted Waste. FRANCHISEE shall include a copy of its program in Franchisee Documentation. At least once each calendar year, FRANCHISEE shall distribute flyers, pamphlets, brochures, or other written information describing the safe disposal Customer education program. FRANCHISEE shall submit the materials to COUNTY at least one month before mailing them, and COUNTY may comment on them. FRANCHISEE may combine this distribution with its Customer outreach for the Waste Diversion Program as provided in Section B2b of Exhibit 3A. SECTION 7 - CUSTOMER SERVICE A. Office. FRANCHISEE shall maintain an Office and Vehicle maintenance yard at the address provided in Franchisee Documentation, which FRANCHISEE may change following COUNTY consent in accordance with Section 3D2b. B. Telephone Service. FRANCHISEE shall maintain a toll-free telephone number. FRANCHISEE shall list the telephone number under FRANCHISEE'S name in at least two telephone directories (white pages and yellow pages) available in the Service Area, including English and Spanish or other language as required by the Acting Director. FRANCHISEE'S choice of directories must be approved by the Acting Director before printing. FRANCHISEE shall be available during Franchisee Office Hours at that number to receive calls (including from the Acting Director, Customers, and the public) with respect to its Performance Obligations or Franchise Services (including Subscription Orders, Franchise Services payments, and complaints). FRANCHISEE shall provide an answering machine or answering service at that number to take reports of missed pick-ups and other complaints that are received outside of Franchisee Office Hours and otherwise provide Customer services in accordance with County Code § 20.72.160 and any additional provisions in Exhibit 3A. C. Bilingual. FRANCHISEE shall respond to Customers in English and Spanish and/or any alternative or additional language prescribed in Exhibit 3A, as requested by a Customer. D. Customer Complaints; Missed Collections. 1. Resolution of Complaints. The protection of public health, safety, and well-being require that Customer complaints be acted on promptly and that a record be maintained in order to permit COUNTY and FRANCHISEE to identify potential public health and safety problems. Page 15 Accordingly, FRANCHISEE'S Subscription Order shall direct Customers to make all complaints to FRANCHISEE at the telephone number identified in subsection B. FRANCHISEE shall address all Customer complaints by the end of the next Service Day following Customer contact. If the Acting Director or a Customer notifies FRANCHISEE that FRANCHISEE has missed Collecting from any Container that it should have Collected, Franchisee shall Collect from that Container: a. No later than 6 p.m. on the day it receives the complaint, if it receives the complaint by 3 p.m.; or b. On the next day, if it receives the complaint after 3 p.m. Franchisee shall promptly resolve all other complaints. 2. Complaint Logs. FRANCHISEE shall enter, log and maintain Records of all complaints and their resolution in computerized format and in accordance with County Code § 20.72.160. At COUNTY'S request, FRANCHISEE shall immediately e-mail the following to COUNTY during County Office Hours: (1) those Records and (2) the complaining Customer's Customer Service Charge and Subscription Order. FRANCHISEE shall include a copy or summary of this log for the applicable month in its Monthly Report. 3. County's Reimbursement Costs. If COUNTY employees or agents spend either: (1) more than two hours in the aggregate resolving complaints from any single Customer that the Customer states have previously been filed with FRANCHISEE, or (2) more than one hour in any work week (Monday through Friday) resolving complaints from different Customers; then FRANCHISEE shall reimburse COUNTY its County's Reimbursement Costs incurred to resolve the complaint, as evidenced by an invoice indicating the name and address of the Customer, nature of complaint, amount of time spent, and hourly fees for employees involved and materials or other disbursements, including phone and postage costs. SECTION 8 - OWNERSHIP OF SOLID WASTE This AGREEMENT does not purport to grant FRANCHISEE ownership over Solid Waste. The right to possession or ownership of Solid Waste placed at the Set -Out Site for Collection, including Green Waste and Recyclables, will be determined in accordance with Applicable Law and not as a result of this AGREEMENT. COUNTY acknowledges that it has no ownership rights in Solid Waste and that FRANCHISEE may provide for transfer of ownership in the Subscription Order. Page 16 SECTION 9 - DIVERSION FRANCHISEE agrees to use Reasonable Business Efforts to Divert all Recyclables, Green Waste (including holiday trees), Bulky Items, E -waste, and CEDs that it Collects, including implementing its Waste Diversion Program. SECTION 10 - RATES AND CUSTOMER BILLING A. Rates. FRANCHISEE shall charge Customers no more than the Customer Service Charges provided in Attachment 2 (Rate Schedule) of Exhibit 10, and FRANCHISEE shall charge the same, uniform rates to all Customers receiving the same services listed in Attachment 2 of Exhibit 10. B. Billing. FRANCHISEE shall include in its form of Customer invoice the following information: Set -out times and places for Containers as required by the County Code and other County Code requirements as may be requested by County; and 2. Franchisee's telephone number and address for Customer complaints and questions. At COUNTY'S request, FRANCHISEE shall promptly submit its form of Customer invoice to COUNTY. FRANCHISEE shall itemize costs in accordance with service options itemized on the Rate Schedule. FRANCHISEE shall not separately segregate, separate, or designate that portion of a Customer's bill attributable to the Franchise Fee or identify it to Customers. FRANCHISEE may bill Customers monthly, bimonthly, or quarterly as the Customer and FRANCHISEE may agree. At COUNTY'S request, FRANCHISEE shall use Reasonable Business Efforts to enclose with Customer bills all inserts promoting recycling and waste reduction prepared and provided by COUNTY. FRANCHISEE shall refund any overcharges to a Customer (including advance payments for Franchise Services that are subsequently canceled) within 30 days after collection thereof. FRANCHISEE shall pay the Customer interest on overcharges (other than advance payments for subsequently canceled services) with interest thereon at 10 percent per annum from the date originally overcharged until the date refunded. SECTION 11 - FRANCHISEE RECORDS; AUDITS FRANCHISEE'S OBLIGATIONS AND COUNTY'S RIGHTS IN THIS SECTION SURVIVE THE TERM. Page 17 A. Record Maintenance and Retention. 1. All Records. FRANCHISEE shall prepare and maintain all Records during the Term and for an additional period of not less than three years after the Termination Date or any longer period required by Applicable Law. 2. Disposal Records. FRANCHISEE acknowledges: a. That COUNTY may need to respond to claims under CERCLA or similar claims with respect to Disposal of Solid Waste; and b. COUNTY'S need to determine the quantity of FRANCHISEE'S Disposal of Solid Waste. Therefore, FRANCHISEE shall establish and maintain a protocol for the retention and preservation of those Records, for a period of five years after the Termination Date or any longer period required by Applicable Law, which protocol will document where FRANCHISEE Disposed of Solid Waste that it Collected (whether landfilled, incinerated, composted, otherwise processed or marketed). 3. Notification. FRANCHISEE shall give Notice to the Acting Director at least 30 days before destroying Records of Disposal at any time after the retention period referred to in subsection A2. B. County Custody. If the Acting Director has reason to believe that Records may be lost, discarded, or destroyed for any reason, the Acting Director may require that FRANCHISEE give COUNTY custody of any or all Records in which event access to those Records is granted to any Person duly authorized by FRANCHISEE. C. Inspection and Audit. Upon five Service Days' advance notice by telephone or writing, or a lesser amount of time in the event of extraordinary circumstances, COUNTY and its auditors may inspect, audit (including using outside auditors), and copy all Records at FRANCHISEE'S Office during Franchisee Office Hours. FRANCHISEE may maintain Records outside of the COUNTY if it promptly provides copies thereof to COUNTY at COUNTY'S offices. COUNTY will bear the expense of the audit and of obtaining a copy of Records; however, within 30 days of COUNTY Notice, FRANCHISEE shall reimburse COUNTY for County's Reimbursement Cost of the expenses if the audit reveals a discrepancy of the lesser of 3 percent or $2,500 between: 1. The amount contained in the Records (e.g., the amount of Solid Waste Collected or Diverted or the amount of Gross Receipts received), and Page 18 2. Any representation or Report that FRANCHISEE made to COUNTY; Franchise Fee or other money paid to COUNTY; or information that FRANCHISEE submitted to COUNTY. The Acting Director may give Notice to FRANCHISEE identifying any shortfall, and if FRANCHISEE does not pay that shortfall within 30 days, including fees and charges for the late payment of Franchise Fees, that failure to pay will constitute a Franchisee Default in accordance with Section 17. D. Copies. Franchise shall provide copies of Customers' names, addresses, and Franchise Services subscription levels to COUNTY upon request. SECTION 12 - PROGRAM IMPLEMENTATION AND REPORTING REQUIREMENTS A. Programs. FRANCHISEE acknowledges that one of COUNTY'S primary reasons for entering into this AGREEMENT with FRANCHISEE is to assist COUNTY in complying with AB 939. FRANCHISEE shall implement its Waste Diversion Program. FRANCHISEE shall use its best efforts to implement measures intended to achieve COUNTY'S source reduction, recycling and waste stream diversion goals for Solid Waste it Collects. FRANCHISEE shall further use its best efforts to cooperate with COUNTY in conducting Solid Waste characterization studies and waste stream audits. B. Submission of Records. FRANCHISEE shall submit to the Acting Director, without charge to COUNTY or surcharge to Customers, any Records relating to Diversion requested by COUNTY to assist COUNTY in meeting obligations imposed by AB 939. FRANCHISEE shall submit those Records in a format compatible with COUNTY'S computers (such as by e-mail or on computer discs or hard copy) as requested by the Acting Director. SECTION 13 - REPORTS A. Types and Content. 1. Monthly. Within 45 days after the end of each calendar month, FRANCHISEE shall submit the Monthly Report for that calendar month to COUNTY in a form satisfactory to COUNTY, including the following information: a. The total number of Commercial Premises, Multifamily Premises, and Residential Premises, respectively, at which FRANCHISEE provided for regularly scheduled Collection of Refuse or other measurement requested by COUNTY concerning these items; b. The respective total quantities of: Page 19 Refuse (in Tons), Recyclables (in Tons), and any Green Waste (in Tons or, if not weighed at the Solid Waste Facility where it is delivered, in cubic yards) Collected by FRANCHISEE, Materials recovered from those Recyclables and residual Refuse remaining after processing of Recyclables, The final destination of that Refuse, and Where FRANCHISEE delivered those Recyclables; C. The estimated number of holiday trees, bushes, and biomass Collected by Franchisee and their final destination; d. Using Reasonable Business Efforts, the estimated number and Tons of Bulky Items, E -waste and CEDs Collected by FRANCHISEE (such as major appliances/white goods and metallic discards, used tires and other Solid Waste recovered by FRANCHISEE during any annual cleanup campaigns), and final destination thereof; e. The Collection route maps and schedule with a complete map of the Service Area if any map or schedule has changed during the prior month; and f. Any other information compiled from Records or formatting of that information requested by the Acting Director, 2. Quarterly Reports. Within 45 days after the last day of each March, June, September, and December FRANCHISEE shall submit the Quarterly Report for the preceding three calendar months ending with that month to COUNTY in a form satisfactory to COUNTY, including the following information. a. A narrative description of efforts made to deter and prevent unauthorized removal or scavenging of Recyclables; b. The number of Tons of any type of Recyclables rejected for sale after Processing together with the reason for rejection and place at which the rejected materials were Disposed; C. A report of Waste Diversion Program promotional activities, including materials distributed by FRANCHISEE to its Customers; d. The total number of Commercial Premises, Multifamily Premises, and Residential Premises, respectively, at which Customers set out Recyclables and Green Waste Containers, respectively, together Page 20 with Tonnage of Recyclables and Green Waste or other measurement of participation requested by COUNTY concerning these items; and e. The Collection route maps and schedule with a complete map of the Service Area. f. A summary of the number of Non -Collection notices issued and the reasons for issuance. 3. Annual Report. On or before each February 28, FRANCHISEE shall submit the Annual Report to COUNTY in a form satisfactory to COUNTY, for the preceding calendar year, including the following information: a. General information about FRANCHISEE, including a list of its respective officers, principals, major shareholders, general and limited partners, limited liability company members, and member of its boards of directors or governing board as the case may be; b. A copy of the most recent annual public financial reports and other periodic public financial reports of FRANCHISEE and, at the Acting Director's request, each of its Affiliates and other entities, if any, performing Franchise Services or providing Goods or Services; provided however, that if FRANCHISEE did not submit its own financial reports before the Execution Date of this AGREEMENT, it must provide a guaranty in the form provided by the Acting Director, by a guarantor satisfactory to the Acting Director, which guarantor must provide its own audited financial reports; C. A report of FRANCHISEE'S compliance with its Performance Obligations with respect to Waste Diversion Program implementation during the preceding calendar year; d. An updated inventory of Service Assets in accordance with Section 16A3; e. A copy of the telephone directories described in Section 713; f. A description of contamination audits of Recyclables Containers in accordance with Service Specifications; and g. An updated list naming all Subcontractors, the amount of Goods or Services that each Subcontractor provides to FRANCHISEE, and a description of FRANCHISEE'S relationships to each Subcontractor (including ownership interests) in accordance with Exhibit 3A. Page 21 4. Reports of Violators. If FRANCHISEE discovers that any Person is providing MSW Management Services in the Service Area that are not authorized by COUNTY or are in Violation of Applicable Law, then FRANCHISEE shall use Reasonable Business Efforts to promptly provide COUNTY with a written report containing at least the following: a. The identity and address of the Person ("Violator"), if known; b. The facts and documentation supporting FRANCHISEE'S report; and C. Any other information or documentation in connection with the Violator and FRANCHISEE'S report that COUNTY may reasonably request. COUNTY acknowledges that FRANCHISEE may seek legal or injunctive relief against the Violator in accordance with Applicable Law to cease providing those MSW Management Services. Notwithstanding the foregoing, COUNTY is not liable to FRANCHISEE, and FRANCHISEE hereby releases COUNTY in connection with any act of a Violator. B. Format. FRANCHISEE shall submit Reports in a format compatible with COUNTY'S computers (such as by e-mail or on computer discs or printed copy) as determined by the Acting Director. C. Reporting Adverse Information. FRANCHISEE shall provide the Acting Director copies of all reports, pleadings, applications, notifications, notices of violation, communications or other material directly relating to its Performance Obligations submitted by FRANCHISEE to, or received by FRANCHISEE from, any of the following: 1. The United States or California Environmental Protection Agency; 2. The California Integrated Waste Management Board, 3. The Securities and Exchange Commission; 4. Any other Regulatory Agency; 5. Any federal, state, or county court. Franchisee shall submit copies to the Acting Director simultaneously with FRANCHISEE'S submission of those materials to those entities. At COUNTY'S request, FRANCHISEE shall promptly make available to COUNTY any other correspondence between FRANCHISEE and those entities. Page 22 D. Submission of Reports. FRANCHISEE shall submit Reports to the Acting Director at COUNTY'S address provided for Notices. E. County's Right to Request Information. At the Acting Director's request, FRANCHISEE shall promptly provide to County additional information reasonably and directly pertaining to this AGREEMENT (including substantiation of information submitted in Reports). F. Reporting Requirements for Improper Solicitations. FRANCHISEE shall immediately report any attempt by a COUNTY officer or employee to solicit improper consideration. FRANCHISEE shall make the report either to COUNTY manager charged with the supervision of the employee or to the COUNTY Fraud Hotline at (800) 554-6861 or www.lacountvfraud.org. Among other items, improper consideration may take the form of cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. SECTION 14 - INDEMNIFICATION AND INSURANCE A. Indemnification and Release of County. FRANCHISEE shall release, indemnify, defend, and hold harmless COUNTY and County's Related Parties from and against any and all Liabilities arising from, connected with, or relating to all of the following: 1. Operations. FRANCHISEE'S and Franchisee's Related Parties' operations or any of their respective services on or after the date of this AGREEMENT, including the Franchise Services and Liabilities further detailed in the following Indemnifications contained in subsections A2 through 5, but excluding any Liabilities arising from the following: a. The sole active negligence of COUNTY, or b. RCRA, CERCLA (specifically 42 U.S.C. § 9607(3)), or California Health and Safety Code § 25364. 2. Cal/OSHA. Without limiting the operations Indemnity in subsection Al, employer sanctions and any other Liabilities that may be assessed against FRANCHISEE or COUNTY or both in connection with any alleged act or omission of FRANCHISEE or any of Franchisee's Related Parties that is in violation of any Cal/OSHA regulation. This obligation includes all investigations and proceedings associated with purported violations of 8 CCR 336.10 pertaining to multi-employer work sites. FRANCHISEE shall not be obligated to so release, indemnify, defend, and hold harmless COUNTY from and against any Liabilities arising from the active negligence of COUNTY. 3. Immigration. Without limiting the operations Indemnity in subsection Al, employer sanctions and any other Liabilities that may be assessed against Page 23 FRANCHISEE, any of Franchisee's Related Parties or COUNTY or any one or all of them in connection with any alleged violation of federal Applicable Law (including the Immigration Reform and Control Act of 1986 (PL. 99-603) pertaining to the eligibility for employment of individuals performing Franchise Services. FRANCHISEE shall not be obligated to so indemnify, release, defend, and hold harmless COUNTY from and against any Liabilities arising from active negligence of COUNTY. 4. Enforcement of AGREEMENT or Applicable Law. Without limiting the operations Indemnity in subsection Al, any Liabilities that may be assessed against FRANCHISEE, any of Franchisee's Related Parties or COUNTY or any one or all of them in connection with any alleged failure of COUNTY to exercise COUNTY's rights under this AGREEMENT or to enforce provisions of this AGREEMENT or of Applicable Law as permitted under Section 22A4. 5. Disposal. The presence, Disposal, escape, migration, leakage, spillage, discharge, release, or emission of Unpermitted Waste or petroleum to, in, on, at or under at any place, site, or facility where FRANCHISEE or any of Franchisee's Related Parties delivers, stores, processes, Recycles, composts or Disposes of Solid Waste to the extent that Liabilities are caused indirectly or directly by any of the following: a. FRANCHISEE Negligence or Misconduct. The wrongful, willful or negligent act, error or omission, or the misconduct of FRANCHISEE or any of Franchisee's Related Parties; b. Non -Customer Materials. The collection, delivery, handling, recycling, processing, composting or disposal by FRANCHISEE or any of Franchisee's Related Parties of any materials or waste, including Unpermitted Waste, that are generated by Persons other than Customers or collected from premises other than Premises; C. Failure to Comply with Unpermitted Waste Screening Protocol. The failure of FRANCHISEE or any of Franchisee's Related Parties to undertake Unpermitted Waste training procedures required by Applicable Law or the Unpermitted Waste Screening Protocol, whichever is more stringent; or d. FRANCHISEE -Identified Unpermitted Waste. The improper or negligent collection, handling, delivery, processing, recycling, composting or disposal by FRANCHISEE or any of Franchisee's Related Parties of Unpermitted Waste that FRANCHISEE or any of Franchisee's Related Parties inadvertently collects from Customers and that FRANCHISEE or any of Franchisee's Related Parties identifies as Unpermitted Waste before its delivery, processing, recycling, composting, or disposal whether: Page 24 (i) In one or more occurrence; (ii) Threatened or transpired; (iii) FRANCHISEE or any of Franchisee's Related Parties is negligent or otherwise culpable; or (iv) Those Liabilities are litigated, settled or reduced to judgment. For purposes of this Indemnity, "Liabilities" includes Liabilities arising from or attributable to any operations, repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial, response, closure, postclosure, or other plan, regardless of whether undertaken due to government directive or action, such as remediation of surface or ground water contamination and replacement or restoration of natural resources. The mere presence of household hazardous waste in the Solid Waste that is Collected by FRANCHISEE or any of Franchisee's Related Parties under this AGREEMENT will not constitute negligence and in and of itself create any liability on the part of FRANCHISEE or any of Franchisee's Related Parties absent any of the circumstances described in items a through d in this subsection A5. COUNTY reserves the right to retain co counsel at its own cost and expense and FRANCHISEE shall direct FRANCHISEE'S counsel to assist and cooperate with COUNTY'S co counsel with respect to COUNTY'S defense. The foregoing indemnity is intended to operate as an agreement under 42 U.S.C. § 9607(e) and California Health and Safety Code § 25364, to insure, protect, hold harmless, and indemnify COUNTY from liability in accordance with this Section. FRANCHISEE hereby releases and shall not seek contribution or compensation of any nature from COUNTY for Liabilities relating to Unpermitted Waste, including relating to RCRA, CERCLA, or the California Health and Safety Code. FRANCHISEE shall not make any claims against or assert an interest in any account, fund, or reserve that COUNTY may establish or set aside from the proceeds of the Franchise Fee or otherwise or maintains to cover Liabilities relating to Unpermitted Waste, which established fund or reserve COUNTY is under no obligation to establish or maintain. B. Insurance. Without limiting its Indemnities, FRANCHISEE shall provide and maintain throughout the Term, the following programs of insurance. All insurance shall be primary to and not contributing with any other insurance or self-insurance programs maintained by COUNTY and FRANCHISEE shall Page 25 provide and maintain it at FRANCHISEE'S own expense If FRANCHISEE does not provide and maintain those programs of insurance, COUNTY may elect to purchase required insurance coverage without further notice to FRANCHISEE, and COUNTY may charge from sums due to FRANCHISEE any premium costs advanced by COUNTY for that insurance and draw on the performance bond, letter, of credit, or other form of performance assurance provided by FRANCHISEE. 1. Evidence of Insurance. On or before the Execution Date and thereafter prior to individual policy expiration and also within two business days of any COUNTY request, FRANCHISEE shall deliver a certificate or certificates of insurance or other evidence of coverage acceptable to the Acting Director at the address provided for Notices. Certificates or other evidence must: a. Specifically identify this AGREEMENT; b. Clearly evidence all coverage required in this AGREEMENT, including policy forms or their equivalent; C. Contain the express condition that COUNTY is to be given written notice by mail at least 30 days (10 days for nonpayment of premium) in advance of cancellation for all policies evidenced on the certificate of insurance; d. Include a copy of the additional insured endorsements to the general liability policy, adding COUNTY, its Special Districts, its officers, and its employees as insured for all activities arising from this AGREEMENT; e. Identify any deductibles or self-insured retention for COUNTY'S approval. COUNTY retains the right to require FRANCHISEE to reduce any deductibles or self-insured retention as they apply to COUNTY or to require FRANCHISEE to provide a bond, guaranteeing payment of all retained losses and related costs, including expenses, or both, related to investigations, claims administrations, and legal defense. The bond or letter of credit must be executed by a corporate surety licensed to transact business in the State of California; and f. At COUNTY'S request, include documentation acceptable to COUNTY verifying that the individual signing or countersigning the certificates, policies, endorsements, or other evidence of coverage is authorized to do so and identifies his or her company affiliation and title. COUNTY may require complete, certified copies of FRANCHISEE'S insurance policies at any time. Page 26 2. Insurer Financial Rating. FRANCHISEE shall secure insurance provided by an insurance company acceptable to COUNTY with a rating by A.M. Best Company of not less than A: VII, unless otherwise approved by COUNTY. 3. Notification of Incidents, Claims, or Suits. FRANCHISEE shall promptly report the following in writing to the Acting Director: a. Any accident or incident relating to the Franchise Services involving injury or property damage that may result in the filing of an insurance claim, its legal claim, or lawsuit against FRANCHISEE and/or COUNTY; b. Any third -party claim or lawsuit fled against FRANCHISEE arising from or related to Franchise Services; or C. Any injury to a FRANCHISEE employee that occurs on COUNTY property. FRANCHISEE shall submit its report on a COUNTY "Nonemployee Injury Report" form available on COUNTY'S website at http /Icao co la ca us/RMB/pdf/NonEmployeeiniuryReport.pdf. 4. Insurance Coverage Requirements. FRANCHISEE shall secure and maintain insurance coverage meeting the following requirements: a. General Liability Insurance (written on ISO policy form CG 00 01 or its equivalent) with limits of not less than the following: General Aggregate: $4 million Products/Completed Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million b. Pollution Liability Coverage for pollution conditions resulting from transported cargo, with annual limits of not less than $2 million per occurrence and $4 million aggregate, covering loss (including cleanup costs) that FRANCHISEE becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs (including expenses required by environmental laws or incurred by federal, state, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this subsection 14135b, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are Page 27 not naturally present in the environment in the amounts or concentrations discovered. The pollution liability coverage must provide contractual liability coverage, by endorsement, if necessary, for FRANCHISEE'S indemnification of COUNTY. As an alternative to such a policy, FRANCHISEE'S general liability policy may be endorsed to provide the above described pollution liability coverage. C. Automobile Liability Coverage (written on ISO policy forms CA 00 12 or CA 00 20 or their equivalent) with a limit of liability not less than $2 million for each accident and endorsed to include pollution liability (written on form CA 99 48 or its equivalent). The insurance must cover all vehicles used by FRANCHISEE pursuant to its operations and services and the terms of this AGREEMENT. FRANCHISEES subject to federal regulations also shall maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. d. Workers' Compensation and Employers' Liability insurance providing workers' compensation benefits required by the California Labor Code or by any other state labor law, and for which FRANCHISEE is responsible. In all cases, this insurance must also include Employers' Liability coverage with limits of not less than the following: i. Each accident: $1 million ii. Disease - policy limit: $1 million iii. Disease - each employee: $1 million C. Compensation for County Costs. If FRANCHISEE fails to comply with any of the Indemnification or insurance requirements of this AGREEMENT and that failure results in any costs to COUNTY, FRANCHISEE shall pay full compensation for all County's Reimbursement Costs. SECTION 15 - PERFORMANCE ASSURANCE FRANCHISEE shall secure and maintain throughout the Term a faithful performance bond, in a form satisfactory to COUNTY or, at COUNTY'S sole and absolute discretion, any alternative security acceptable to the Acting Director, including cash, certified check payable to COUNTY, certificate of deposit, or letter of credit (together, "Performance Assurance"). During the first Contract Year, the amount of the Performance Assurance must be in the sum established by COUNTY (see Exhibit 3A) to secure full and timely satisfaction of Performance Obligations, including payment of Franchise Fees, and any liquidated damages. In all subsequent Contract Years, that amount must be not less than the sum of: Page 28 1. 15 percent of FRANCHISEE'S Gross Receipts minus Franchise Fees for the prior Contract Year; 2. 110 percent of the Franchise Fees paid by FRANCHISEE during the first six months of the prior Contract Year; 3. 110 percent of any liquidated damages assessed FRANCHISEE by COUNTY during the first six months of the prior Contract Year; 4. Up to $50,000, at the discretion of the Acting Director; and Any additional amounts provided in Exhibit 3A. A performance bond must be payable to COUNTY and executed by a corporate surety licensed to transact business ("admitted") as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by COUNTY. The form of performance bond may not allow the bond surety to substitute another Person to perform Franchise Services but must provide for payment of moneys to COUNTY to secure substitute Franchise Services, remedy damages incurred, and ensure satisfaction of all Performance Obligations, including payment of Franchise Fees or liquidated damages to COUNTY, if recovered from COUNTY in any bankruptcy or similar proceedings relating to FRANCHISEE. The performance bond must be conditioned on faithful performance by FRANCHISEE of all the terms and conditions of this AGREEMENT, including payment of Franchise Fees and any liquidated damages. Each Performance Assurance must be renewed to provide for continuing liability in the above amount notwithstanding any payment or recovery thereon. On or before the Execution Date and promptly upon any renewal of the Performance Assurance, FRANCHISEE shall deliver the Performance Assurance to COUNTY. COUNTY may verify the accuracy and authenticity of the Performance Assurance submitted. SECTION 16 - EMERGENCY SERVICE A. COUNTY Right to Provide MSW Management Services. Events. COUNTY may perform, or contract for the performance of, any or all of FRANCHISE Services, including the collection of Solid Waste or any portion thereof and the transportation and delivery to a solid waste facility, upon the occurrence of either of the following events, determined by County in its sole discretion: FRANCHISEE, due to Uncontrollable reason whatsoever, fails, refuses, or 48 hours to collect and/or at any time Page 29 Circumstances or for any is unable for a period of to transport Solid Waste or any portion thereof to a Solid Waste Facility and the Acting Director determines there is danger to the public health, safety, or welfare; or b. COUNTY suspends or terminates this AGREEMENT. If COUNTY contracts for the performance of any or all of Franchise Services, it will consider contracting with other COUNTY franchisees. COUNTY has no obligation to continue providing Franchise Services and may at any time, in its sole discretion, cease to provide Franchise Services. However COUNTY'S right to provide Franchise Services will continue until FRANCHISEE can demonstrate to COUNTY'S satisfaction that FRANCHISEE is ready, willing, and able to resume timely and full Franchise Services or until COUNTY can make alternative arrangements for providing MSW Management Services comparable to Franchise Services in scope and price, which may include contracting with another service provider. 2. Notice. COUNTY may give FRANCHISEE oral notice that COUNTY is exercising its right to perform Franchise Services, which notice is effective immediately, but must confirm oral notice with a Notice within 24 hours thereafter. 3. Service Assets. a. COUNTY Possession. Upon giving FRANCHISEE oral notice, COUNTY may take possession of any or all Service Assets necessary or convenient in providing Services, and FRANCHISEE shall fully cooperate with COUNTY to transfer possession of Service Assets to COUNTY. Customers' possession of Containers will be deemed possession by COUNTY if necessary to exercise this right. b. Service Assets Document. Any document that encumbers or limits FRANCHISEE'S interest in Service Assets, including a lease, financing contract, acquisition over time, mortgage, or other instrument establishing a security interest to or by FRANCHISEE, must allow COUNTY to assume FRANCHISEE'S obligations and to continue use of Service Assets in performing MSW Management Services. C. Updated Inventory. In each Annual Report and at any other time requested by COUNTY, FRANCHISEE shall update its inventory of Service Assets included in Franchisee Documentation to reflect acquisition or replacement of Service Assets or additional service asset document described in Section 16A3b, or change in any service asset described in Section 16A3b, accompanied by a Page 30 certification signed by FRANCHISEE that all Vehicles meet any specifications provided in this AGREEMENT and all Carts meet the specifications described in Franchisee Documentation. d. County Use. COUNTY may use Service Assets to provide all or a portion of Franchise Services. COUNTY shall have absolute and exclusive control over Service Assets as though COUNTY were the absolute owner thereof. However, at COUNTY'S request, FRANCHISEE shall keep Service Assets in good condition. Unless Franchisee repairs and maintains them, COUNTY shall assume complete responsibility for use of Service Assets while they are in its possession and shall maintain Service Assets in the same condition as they were in when FRANCHISEE transferred possession thereof to County. Subject to repair and maintenance by FRANCHISEE, COUNTY shall return Service Assets to FRANCHISEE in the same condition as received, normal wear and tear excepted. FRANCHISEE shall maintain in full force and effect all insurance required in accordance with Section 14 during COUNTY'S possession of Service Assets. By granting COUNTY the right to possession and use of FRANCHISEE'S Service Assets, FRANCHISEE declares as follows: i. COUNTY and Customers are permitted users for purposes of liability insurance policies that FRANCHISEE must procure and maintain under this AGREEMENT; and ii. COUNTY'S and Customers' use and possession is not intended to be and is not transfer of ownership for purposes of any liability policies. Furthermore, if COUNTY has possession and/or use of FRANCHISEE'S Service Assets, FRANCHISEE shall execute whatever documentation its liability insurers require to ensure that COUNTY and Customers are protected and covered by FRANCHISEE'S general and automobile policies, including requesting and executing endorsements to those policies. FRANCHISEE hereby gives COUNTY the right to call and confer with FRANCHISEE'S insurance broker to determine what, if any, documentation or actions are necessary to achieve protection satisfactory to COUNTY. FRANCHISEE hereby gives COUNTY the right to pay for any endorsements, additional premiums, or other costs. By executing this AGREEMENT, FRANCHISEE authorizes its insurance broker to cooperate with and respond to requests from COUNTY, which authorization FRANCHISEE may not rescind without COUNTY consent. Page 31 4. FRANCHISEE'S Personnel. Upon giving FRANCHISEE oral notice in accordance with subsection A2, COUNTY may immediately engage personnel necessary or convenient for providing all or a portion of Franchise Services, including employees previously or then employed by FRANCHISEE. However COUNTY shall not be obligated to hire FRANCHISEE'S employees and may use municipal employees or other individuals to provide all or a portion of Services, including driving Vehicles. At COUNTY'S request, FRANCHISEE shall promptly make available to COUNTY all FRANCHISEE'S management and office personnel necessary or convenient for providing Franchise Services (including Customer services) and billing at the cost, if any, provided in subsection A8. 5. Records and Reports. At COUNTY'S request, FRANCHISEE shall promptly provide COUNTY with immediate access to or possession of Records, including those related to routing and billing. Without limiting its available remedies provided elsewhere in this AGREEMENT, COUNTY may seek specific performance of this obligation. 6. Reimbursement. FRANCHISEE shall reimburse COUNTY for County's Reimbursement Costs incurred in taking over possession and use of Service Assets in accordance with subsection A3 and in providing MSW Management Services in amounts exceeding Rates. 7. Stipulations. FRANCHISEE stipulates that COUNTY'S exercise of rights under this Section does not constitute a taking of private property for which COUNTY must compensate FRANCHISEE, shall not create any liability on the part of COUNTY to FRANCHISEE, and does not exempt FRANCHISEE from any Indemnities, which Parties acknowledge are intended to extend to circumstances arising under this Section. However, FRANCHISEE is not required to indemnify COUNTY against claims and damages arising from the negligence or misconduct of COUNTY officers and employees (other than employees of Franchisee at the time COUNTY began performing Services) and agents driving Vehicles. COUNTY shall indemnify FRANCHISEE, its Affiliates and its and their officers, directors, employees, and agents from and against damages, costs, or other expenses or losses they incur arising out of or relating to that negligence or misconduct. 8. Rental and Other Compensation. a. Uncontrollable Circumstances. If an event enumerated in item a or b in subsection Al is due to Uncontrollable Circumstances, then COUNTY shall pay FRANCHISEE the following Direct Costs of FRANCHISEE that FRANCHISEE is not then being compensated for through charging and collecting Rates: Page 32 (i) Rental fees for COUNTY'S use and possession of Service Assets equal to fair market value thereof as determined by an independent appraiser selected by the Parties as provided in this subsection A8a. (ii) FRANCHISEE'S Direct Costs of providing Vehicles with fuel, oil, and other maintenance in accordance with subsection A3d. (iii) FRANCHISEE'S Direct Costs of making FRANCHISEE'S personnel available to COUNTY in accordance with subsection A4. The Parties shall select an appraiser as follows: within 10 days after FRANCHISEE requests payment of rental fees in events described in item (i) of this subsection 8a, each Party will prepare a separate list of five Persons who do not work for either Party having experience in solid waste equipment appraisal, in numerical order with the first preference at the top, and exchange and compare lists. The Person ranking highest on the two lists by having the lowest total rank order position on the two lists is the appraiser. In case of a tie in scores, the Person having the smallest difference between the rankings of the two Parties is selected; other ties are determined by a coin toss. If no Person appears on both lists, this procedure is repeated. If selection is not completed after the exchange of three lists or 60 days, whichever comes first, then each Party will select one Person having the qualifications and experience described above and those two Persons will together select an appraiser. b. Other Than Uncontrollable Circumstances. If an event enumerated in item a or b in subsection Al is not due to Uncontrollable Circumstances, then COUNTY will not be obligated to pay the compensation enumerated in subsection A8a, and FRANCHISEE shall pay County's Reimbursement Costs in accordance with subsection A6 within 10 days of COUNTY'S submitting an invoice therefor. If FRANCHISEE does not so timely pay, COUNTY may draw upon any performance bond, letter of credit, or other security provided under this AGREEMENT. B. Disaster Assistance. FRANCHISEE shall make Reasonable Business Efforts to assist County in the event of major disaster, such as an earthquake, storm, riot, or civil disturbance, by providing Vehicles and drivers normally assigned to the Service Area to Collect any Solid Waste as requested by COUNTY, at Customer Service Charges no greater than the Rates, unless the Acting Director provides authorization based on information provided by FRANCHISEE substantiating the need for an increase. FRANCHISEE shall cooperate with Page 33 COUNTY, State of California, and federal officials in filing information related to a regional, state, or federally -declared state of emergency or disaster as to which FRANCHISEE has provided equipment and drivers under this AGREEMENT. SECTION 17 - DEBARMENT BREACHES AND DEFAULTS; SUSPENSION; TERMINATION A. Notice of Breach; Franchisee Cure. If the Acting Director determines that FRANCHISEE is in Breach, the Acting Director may give Notice to FRANCHISEE identifying and describing the Breach, including any of the following: Failure to keep Records required by this AGREEMENT; Failure to file any Reports at the time, in the manner, and containing the information required in Section 13; Failure to timely provide COUNTY with complete information (including any test results such as prescribed noise levels in accordance with Section 4A4) required by this AGREEMENT or requested by the Acting Director in good faith in accordance with this AGREEMENT; Failure to timely pay the Franchise Fee; or Failure to timely pay an Indemnification. FRANCHISEE shall remedy the Breach within 30 days from the receipt of Notice (or with respect to a Breach of the Child Support Compliance Program described in Section 22B, 90 days after notice by the Los Angeles County's Child Support Services Department) unless COUNTY determines that the public health and safety require a shorter period of time in which Franchisee must remedy the Breach. COUNTY will hold a conference with Franchisee within 30 days of Franchisee request. Franchisee may request additional time to correct the Breach, but COUNTY may accept or reject that request in its sole discretion. B. Franchisee Default. The following constitute Franchisee Defaults: Fraud Misrepresentation, or Breach of Warranties. FRANCHISEE committed any fraud or deceit or made any intentional misrepresentations in the procurement of this AGREEMENT; commits, or attempts to commit, any fraud or deceit upon COUNTY after the Execution Date of this AGREEMENT; makes any material misrepresentations or breaches any warranties in this AGREEMENT (including Exhibit 20H); or includes any materially false or misleading statement, representation, or warranty in any Record or Report. 2. Insolvency or Bankruptcy. FRANCHISEE becomes insolvent or files a voluntary petition to declare bankruptcy; a receiver or trust is appointed for Page 34 FRANCHISEE; or FRANCHISEE executes an assignment for the benefit of creditors. FRANCHISEE is deemed to be "insolvent' if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not FRANCHISEE has committed an act of bankruptcy and whether or not FRANCHISEE is insolvent within the meaning of the federal bankruptcy law or not. 3. Failure to Provide Insurance, Bonds. FRANCHISEE does not provide or maintain in full force and effect all insurance and other assurances of its Performance Obligations, including as required under Sections 14 and 15, or provide evidence of insurance coverage acceptable to COUNTY. 4. Material or Repeated Violation of Applicable Law. a. Any material Violation of Applicable Law that is not cured to the satisfaction of COUNTY or applicable Regulatory Agency within 30 days of the notice, assessment, or determination of that Violation of Applicable Law; or Any repeated Violation of Applicable Law. If FRANCHISEE is entitled to and does contest a notice, assessment, or determination of Violation of Applicable Law by proceedings conducted in good faith, no Franchisee Default will be deemed to have occurred until a final decision adverse to FRANCHISEE is entered. 5. Failure to Collect for Seven Days. Unless due to Uncontrollable Circumstances, FRANCHISEE fails to Collect for a period of either: a. Seven consecutive days; or b. Seven days in the aggregate from the Execution Date. 6. Failure to Collect for More Than Seven Days. Whether or not due to Uncontrollable Circumstances, FRANCHISEE fails to Collect for a period of more than seven consecutive days. 7. Payments to County. FRANCHISEE does not timely and fully make any payment to COUNTY required under this AGREEMENT (including payment of Franchise Fees): More than twice in any calendar year; Within 30 days of Notice by COUNTY that payment is due; or C. With respect to payment of a shortfall in Franchise Fees, within 30 days of Notice in accordance with Section 11 C. Page 35 8. Specified Franchisee Defaults. FRANCHISEE Breaches any of the following Sections: Section 22B Child Support Compliance Program (if not cured within 90 days of Notice as described in Section 17A); Section 23D1 Compliance with ILO Convention Concerning Minimum Age for Employment; C. Section 23E Nondiscrimination; or Section 23G County Lobbyist Ordinance. Uncured or Repeated Breach. FRANCHISEE does not timely cure any other Breach in accordance with subsection A or FRANCHISEE Breaches any of its Performance Obligations repeatedly or habitually, as determined by the Acting Director in his or her sole discretion, whether or not a specific instance of failure or refusal has been previously cured. However, this Franchisee Default will be excused for a period of seven days beginning on the first occurrence of that Franchisee Default in the event of Uncontrollable Circumstances, if the event materially affects FRANCHISEE'S ability to provide Franchise Services. Nevertheless, if Uncontrollable Circumstances interrupt Collection, Customers may take actions and COUNTY may exercise any of its rights under Section 16. This Franchisee Default will not be excused if it continues for a period of more than seven days beginning on the first occurrence of this Franchisee Default. 10. Improper Consideration. COUNTY finds that consideration, in any form, was offered or given by FRANCHISEE either directly or through an intermediary to any COUNTY officer, employee, or agent with the intent of securing this AGREEMENT or securing favorable treatment with respect to the award, amendment, or extension of this AGREEMENT or the making of any determinations with respect to FRANCHISEE'S performance under this AGREEMENT where that consideration may take any form including cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. 11. Default Under Guaranty. A default exists under the guaranty, if any, provided in accordance with Section 13A3b. C. Notice of Franchisee Default. Effective Immediately. The Acting Director may terminate this AGREEMENT effective immediately after Notice by COUNTY to FRANCHISEE of any of the following Franchisee Defaults: Page 36 a. Any Franchisee Default, if the Acting Director determines that protection of public health and safety requires immediate suspension or termination; b. A Franchisee Default in subsection B3 (failure to provide insurance, bonds); C. A Franchisee Default described in subsection B4 (material or repeated Violation of Applicable Law, including the County Lobbyist Ordinance); d. A Franchisee Default described in subsection B10 (improper consideration). 2. Effective 30 days. The Acting Director may terminate this AGREEMENT effective 30 days after Notice by COUNTY to FRANCHISEE of any Franchisee Defaults other than the Franchisee Defaults listed in subsection C1 or termination events listed in subsection D. 3. Effective 15 days. The Acting Director may terminate this AGREEMENT effective 15 days after Notice by COUNTY to FRANCHISEE of COUNTY'S right to terminate this AGREEMENT in the event of Criminal Activity in accordance with Section 20J and subsection D2c. D. Suspension or Termination of AGREEMENT 1. Suspension. Together with any other rights COUNTY may have under this AGREEMENT (including the right to use and possession of Service Assets under Section 16), the Acting Director may suspend this AGREEMENT, in whole or in part, for a period of 45 days effective immediately upon Notice to FRANCHISEE in any of the following events: a. A Franchisee Default; or b. COUNTY exercise of its right to suspend this AGREEMENT under Section 20J in the event of Criminal Activity of FRANCHISEE. During that 45 -day period FRANCHISEE shall have the opportunity to demonstrate to COUNTY that FRANCHISEE can once again fully perform Franchise Services in accordance with this AGREEMENT. If FRANCHISEE so demonstrates, COUNTY'S right to suspend this AGREEMENT will cease and FRANCHISEE may resume providing services. If FRANCHISEE does not so demonstrate, COUNTY may terminate this AGREEMENT and exercise any other rights and remedies under this AGREEMENT. Page 37 2. Termination a. Franchisee Default. The Acting Director may terminate this AGREEMENT, in whole or in part, upon the occurrence of a Franchisee Default and Notice to FRANCHISEE at the times provided in subsection C. b. Failure to Agree on Rate Adjustments. Notwithstanding the foregoing, the Acting Director may terminate this AGREEMENT on six months' Notice if in the judgment of the Acting Director, COUNTY and FRANCHISEE are unable to reach satisfactory agreement to adjust Rates in accordance with item d of Section Al of Exhibit 10 for a Change in Law or changes in Service Specifications or Service Standards after good faith negotiations during a period of at least 30 days. C. Criminal Activity. The Acting Director may terminate this AGREEMENT upon Notice required in Section 17C if County exercises its right to terminate this AGREEMENT under Section 20J in the event of Criminal Activity of FRANCHISEE. E. FRANCHISEE Responsibility and Debarment. COUNTY may debar FRANCHISEE from doing business with COUNTY if COUNTY determines after giving notice and conducting a hearing in accordance with Chapter 2.202 of the County Code, which shall apply to this AGREEMENT, that FRANCHISEE (or any of its Subcontractors) is not responsible within the meaning of Chapter 2.202 and in accordance with COUNTY'S policy to do business with responsible contractors; Franchisee's failure to comply with the Child Support Compliance Program, as provided in Section 22B, may be cause for debarment in accordance with § 2.200.020 of the County Code. SECTION 18 - ENFORCEMENT OF AGREEMENT A. As Provided by Law. Either Party may avail itself of any remedy available under law. B. County's Additional Remedies. Without limiting COUNTY'S remedies otherwise available under this AGREEMENT in law or equity, at its option, COUNTY may enforce a Breach in any or all of the following ways: 1. Execute alternative agreements for MSW Management Services in the event of Franchisee Default; 2. Seek to obtain injunctive relief and/or damages; and 3. Assess damages under subsection D. Page 38 C. Injunctive Relief. FRANCHISEE acknowledges that COUNTY'S remedy of damages for a Breach may be inadequate for reasons including the following: 1. The urgency of timely, continuous and high-quality Franchise Services, including Collection, transportation, and/or transfer for Disposal of wastes which constitute a threat to public health; 2. The long time and significant commitment of money and personnel and elected officials (both COUNTY staff and private consultants, including engineers, procurement counsel, citizens, public agency colleagues, and elected COUNTY officials) invested in this AGREEMENT, including developing COUNTY'S Option Analysis dated February 2001 and implementing its recommendations through numerous meetings of a Working Group comprised of Solid Waste industry representatives from small and large businesses, requesting and evaluating qualifications and proposals for this AGREEMENT (including FRANCHISEE'S), reviewing and commenting on documentation submitted by FRANCHISEE in conjunction with execution of this AGREEMENT, and review of Franchisee Documentation; 3. The time and investment of personnel and elected officials described in the preceding item 2 to develop alternative Solid Waste services comparable to Franchise Services for the price provided under this AGREEMENT, and to negotiate new agreements therefor; and 4. COUNTY'S reliance on FRANCHISEE'S technical Solid Waste management expertise. Consequently, COUNTY is entitled to all available equitable remedies, including injunctive relief. D. Recovery of Damages 1. Compensatory. COUNTY may seek compensatory damages, including the following: a. Amounts equal to any Franchise Fees, liquidated damages, or other amounts that FRANCHISEE has previously paid to COUNTY but are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; b. If COUNTY terminates this AGREEMENT for a Franchisee Default or in the event of Criminal Activity in accordance with Section 17D2a or c, respectively, costs incurred by COUNTY to provide or reprocure MSW Management Services in lieu of Franchise Services; and Page 39 C. If COUNTY terminates this AGREEMENT before expiration for a Franchisee Default or in the event of Criminal Activity in accordance with Section 17D2a or c, respectively, costs of MSW Management Services provided or reprocured in lieu of Franchise Services in excess of Customer Service Charges for the balance of the Term remaining if this AGREEMENT had not been terminated. COUNTY may draw upon the performance bond, letter of credit, certificate of deposit, or other form of performance assurance provided by FRANCHISEE in accordance with Section 15 to pay compensatory damages. For FRANCHISEE'S misrepresentation regarding contingent fees in Exhibit 20H, in addition to terminating this AGREEMENT, COUNTY may recover from FRANCHISEE the full amount of the proscribed commission, percentage, brokerage, or contingent fee. 2. Liquidated. The Parties acknowledge that COUNTY incurred considerable time and expense procuring this AGREEMENT in order to secure an improved level of Collection quality and increased Customer satisfaction. Therefore, consistent and reliable Services are of the utmost importance to COUNTY and Customers. COUNTY has considered and relied on FRANCHISEE'S representations as to its quality of service commitment in entering into this AGREEMENT, and FRANCHISEE'S Breach represents a loss of bargain to COUNTY. The Parties further recognize that quantified standards of performance are necessary and appropriate to ensure quality, consistent, and reliable Collection, and if FRANCHISEE fails to meet its Performance Obligations, COUNTY will suffer damages (including its Customers' inconvenience; anxiety, frustration, potential political pressure, criticism, and complaint by Customers; lost Supervisors and staff time; deprivation of the benefits of this AGREEMENT and loss of bargain) in subjective ways and in varying degrees of intensity that are incapable of measurement in precise monetary terms, and that it is and will be impracticable and extremely difficult to ascertain and determine the value thereof. In addition, in the event of Breach or Franchisee Default, urgency of protecting public health and safety may necessitate that COUNTY enter into emergency or short- term arrangements for services without competitive procurement at prices substantially greater than under this AGREEMENT, and the monetary loss resulting there from is impossible to precisely quantify. Lastly, termination of this AGREEMENT for Franchisee Default and other remedies provided in this AGREEMENT are, at best, a means of future correction and not remedies that make COUNTY whole for past Breaches and Franchisee Defaults. Therefore, the Parties agree that the liquidated damages listed in Exhibit 18D2 represent a reasonable estimate of the amount of damages, considering all of the circumstances existing on the date of this AGREEMENT, including the relationship of the sums to the range of harm Page 40 to COUNTY that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this AGREEMENT, each Party specifically confirms the accuracy of the statements made above and the fact that each Party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this AGREEMENT was made. E. County's Reimbursement Costs. FRANCHISEE shall pay COUNTY promptly upon request County's Reimbursement Costs of conducting a nonroutine investigation of any alleged Breach, when appropriate in judgment of the Acting Director. FRANCHISEE shall reimburse COUNTY for County's Reimbursement Costs incurred as a consequence of FRANCHISEE'S Breach, including failure to maintain insurance. F. Waiver. No waiver by COUNTY of any breach of any provision of this AGREEMENT constitutes a waiver of any other breach of that provision. Failure of COUNTY to enforce at anytime, or from time to time, any provision of this AGREEMENT will not be construed as a waiver thereof. The rights and remedies set forth in this subsection F are exclusive and are in addition to any other rights and remedies provided by law or under this AGREEMENT. SECTION 19 - TRANSFER OF FRANCHISE A. Acting Director Consent. FRANCHISEE may not Transfer this AGREEMENT, the Franchise granted under it, or any rights or duties under it, in whole or in part, and whether voluntarily or involuntarily, without the Acting Director's prior written consent, the exercise of which is in the Acting Director's sole discretion. Any Transfer or attempted Transfer of this AGREEMENT, the franchise granted under it or any rights and duties under it, made without the Acting Director's consent, at COUNTY'S option, will be null and void. The Acting Director may condition consent on payment of amounts specified in Exhibit 3A in consideration for the value of good will and intangibles that accrued to COUNTY and Customers in the award of this AGREEMENT to FRANCHISEE. B. Franchisee Demonstration. Without obligating the Acting Director to give consent, FRANCHISEE shall demonstrate to the Acting Director's satisfaction that the proposed transferee has the operational and financial ability to satisfy FRANCHISEE'S Performance Obligations. C. Payment of County's Transfer Costs. 1. Transfer Deposit. FRANCHISEE must make any request for the Director's consent to a Transfer in the manner prescribed by the Acting Director. FRANCHISEE shall pay COUNTY a Transfer Deposit before the Acting Director's consideration of FRANCHISEE'S request. COUNTY will return to FRANCHISEE any amounts paid in excess of the Transfer Costs incurred. Page 41 2. Additional Transfer Costs. In the course of COUNTY'S processing FRANCHISEE'S request for Transfer, FRANCHISEE shall further pay COUNTY its additional Transfer Costs in excess of the Transfer Deposit within 30 days of the Acting Director's request therefor, whether or not the Acting Director approves the Transfer. At FRANCHISEE'S request, COUNTY will provide FRANCHISEE access to all records evidencing the Transfer Costs incurred. D. County's Reimbursement Costs of Enforcement. In addition, Franchise shall pay County's Reimbursement Costs for fees and investigation costs as COUNTY may deem necessary to enjoin the Transfer or to otherwise enforce this provision within 30 days of COUNTY'S request therefor. SECTION 20 - GENERAL PROVISIONS A. Exercise of Options. Parties will exercise any approval, disapproval, consent, judgment, option, discretion, election, opinion, or choice under this AGREEMENT, make a requirement under this AGREEMENT or interpret this AGREEMENT ("Discretionary Action") reasonably. Any mediator, arbitrator, or court must find the Party's exercise to be reasonable. Recognizing the essential public health and safety protections this AGREEMENT serves where this AGREEMENT specifically provides that the exercise of any Discretionary Action is in either Party's independent, sole, exclusive or absolute discretion, control or judgment, the other Party will not question or challenge the first Party's exercise thereof. Parties will nevertheless exercise their rights and remedies in good faith in accordance with Applicable Law. B. Independent Status. FRANCHISEE is an independent entity and not an officer, agent, servant, or employee of COUNTY. This AGREEMENT is between COUNTY and FRANCHISEE and is not intended, and will not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between COUNTY and FRANCHISEE, including for purposes of workers' compensation. FRANCHISEE is solely responsible for the acts and omissions of its officers, agents, employees, and any Subcontractors. Nothing in this AGREEMENT will be construed as creating an arrangement for handling Unpermitted Waste. FRANCHISEE bears the sole responsibility and liability for furnishing workers' compensation and all other benefits required by law to any individual for injuries arising from or connected with Franchise Services performed on behalf of FRANCHISEE under this AGREEMENT. C. Damage to Property and Personal Injury. FRANCHISEE shall not cause damage to property or personal injury. At its sole expense, FRANCHISEE shall repair or replace to the satisfaction of the owner of damaged property, any physical damage to public or private property and shall reimburse to the satisfaction of an injured individual, the cost of any personal injury caused by the negligent or willful acts or omissions of FRANCHISEE. COUNTY may refer all complaints of damage or injury to FRANCHISEE as a matter within Page 42 FRANCHISEE'S sole responsibility. Notwithstanding any rights COUNTY has for breach of contract, disputes between FRANCHISEE and Persons as to damage to private pavement or other property or to injury are civil matters between FRANCHISEE and that Person, and the Person may institute suits with respect thereto as allowed by law. D. Venue. In the event of litigation between the Parties, venue in State of California trial courts will lie exclusively in the COUNTY. In the event of litigation in a United States District Court, exclusive venue will lie in the Central District of California. E. Amendments and Changes. 1. Acting Director's Changes. The following changes in this AGREEMENT after the Execution Date will be effective after Notice from the Acting Director to FRANCHISEE (or with respect to certain changes referenced in item b, from FRANCHISEE to the Acting Director, in accordance with Section 3D2a) as consented to by FRANCHISEE: a. Changes in the scope of Franchise Services and Service Specifications and minimum Service Standards that do not result in a Rate adjustment in accordance with Section 3C; b. Changes to Exhibit 3D Franchisee Documentation; C. Changes to Exhibit 20G Authorized Representative of Acting Director; d. Immaterial changes to immaterial Performance Obligations. 2. Board's Amendments. The following changes in this AGREEMENT after the Execution Date will be effective only upon execution of a written amendment to this AGREEMENT, including warranties by the Parties in accordance with Section 2413: a. Changes in the scope of Franchise Services and Service Standards that result in a Rate adjustment in accordance with Section 3C; and b. Material changes to material Performance Obligations (such as the period of performance, payments, or any material term or condition included in this AGREEMENT). F. Notices. All Notices required or permitted to be given under this AGREEMENT must be in writing and must be personally delivered or sent by telecopier or registered or certified mail, return receipt requested. All Notices to COUNTY must be addressed to the Acting Director as provided in Exhibit 20G. All Notices to FRANCHISEE must be addressed to the authorized representative of Page 43 FRANCHISEE named in Franchisee Documentation (who will be FRANCHISEE'S primary contact under this AGREEMENT), except for Notices of suspension or termination of this AGREEMENT, which Notices may be personally delivered to any individual whose actual knowledge of suspension or termination would be sufficient notice to FRANCHISEE, including: 1. An individual, if FRANCHISEE is a sole proprietor; 2. Copartner, if FRANCHISEE is a partnership; or 3. The president, vice president, secretary, or general manager, if FRANCHISEE is a corporation. Notice is deemed effective: 1. On the date personally delivered or sent by telecopier, with evidence of receipt; or 2. Three days after the date of mailing. G. Authorized Representative of Acting Director. COUNTY authorizes the Acting Director to make requests or requirements of FRANCHISEE or give approvals under this AGREEMENT. The authorized representative of the Acting Director named in Exhibit 20G is FRANCHISEE'S primary contact under this AGREEMENT and can be contacted as provided in Exhibit 20G. FRANCHISEE shall give that authorized representative a copy of all Notices in accordance with Section 20F. From time to time, COUNTY may change Exhibit 20G by Notice to FRANCHISEE. H. Authority and Representations; COUNTY Disclaimer. 1. COUNTY. COUNTY represents and disclaims as follows: a. Status. COUNTY is a political subdivision of the State of California. b. Authority and Authorization. COUNTY has full legal right, power, and authority to execute and deliver this AGREEMENT and perform its obligations under this AGREEMENT. This AGREEMENT has been duly executed and delivered by COUNTY and constitutes a legal, valid, and binding obligation of COUNTY enforceable against COUNTY in accordance with its terms. C. No Warranty Regarding Waste Characterization. COUNTY makes no representations or warranties with respect to the waste characterization within the COUNTY, any waste disposal characterization study, or projections by material type with respect Page 44 to waste in the COUNTY. COUNTY expressly disclaims any representations and warranties, either express or implied, as to the merchantability or fitness for any particular purpose of Solid Waste or any portion thereof. 2. FRANCHISEE. FRANCHISEE represents and warrants as provided in Exhibit 20H. Limitation on Subscription Orders. FRANCHISEE shall limit the terms of Subscription Orders to no longer than the remaining period of the Term. FRANCHISEE shall give each Customer the option to terminate its Subscription Order without cause on 90 days notice. FRANCHISEE shall also give each Customer the right to terminate service immediately in the event of emergency in accordance with Section 16A, or within 30 days if FRANCHISEE: 1. Fails to provide Franchise Services in accordance with the Terms of this AGREEMENT (including missed Collections, failure to timely repair or replace Containers, or failure to provide Collection or Recyclables) or the Subscription Order; or 2. Bills the Customer for amounts not provided in the Subscription Order or in excess of Rates. FRANCHISEE may not include in the terms of Subscription Orders any automatic renewals or extensions, colloquially referred to as "evergreen" clauses, which obligate a Customer to take affirmative, prescribed action (such as written notice within a specified time period before the stated expiration of the Subscription Order) in order to terminate the Subscription Order. J. Criminal Activity 1. Notice. FRANCHISEE shall immediately give Notice to COUNTY on the occurrence of any convictions of a Criminal Activity or any pleas of "guilty," "nolo contendere," or "no contest' to a Criminal Activity with respect to FRANCHISEE or any of its Franchisee Managers (except for Franchisee Managers in a Position of Influence). FRANCHISEE shall use Reasonable Business Efforts to immediately give Notice to COUNTY on the occurrence of any convictions or any pleas with respect to FRANCHISEE or any of its Franchisee Managers in a Position of Influence. 2. Franchisee Cure. Upon the occurrence of any conviction or any plea described in subsection J1, FRANCHISEE immediately shall do or cause to be done both of the following: a. Terminate from employment or remove from office any offending Franchisee Manager who is an individual, or with respect to Page 45 FRANCHISEE or an Affiliate, the individual or individuals responsible for the Criminal Activity; and b. Eliminate the participation in management of FRANCHISEE by that Franchisee Manager who is an individual or, with respect to FRANCHISEE or an Affiliate, the individual or individuals responsible for the Criminal Activity from any Position of Influence. 3. County Remedies. COUNTY may suspend or terminate this AGREEMENT or may impose other sanctions (which may include financial sanctions or any other condition deemed appropriate short of suspension or termination), as it deems proper, in either or both of the following events: a. FRANCHISEE or any Affiliate fails to effectuate the cure described in subsection J2; or b. The Criminal Activity is related to this AGREEMENT or occurring in the COUNTY. 4. Limitations on Franchisee Manager. No Franchisee Manager may have previously been convicted of a Criminal Activity or any plea of "guilty," "nolo contendere," or "no contest" to a Criminal Activity. 5. Franchisee Documentation. Franchisee shall list all Franchisee Managers in Franchisee Documentation. K. Notice of Delay. Within one day of learning that any actual or potential circumstance is delaying or threatening to delay the timely satisfaction of a Performance Obligation, FRANCHISEE shall give COUNTY a Notice of the delay, including all relevant information, such as identifying the particular Performance Obligation, circumstance, and duration of the delay, and whether or not FRANCHISEE believes that the delay is due to Uncontrollable Circumstances. L. County's Quality Assurance Plan. COUNTY or its agent will evaluate FRANCHISEE'S performance under this AGREEMENT on not less than an annual basis. The evaluation will include assessing FRANCHISEE'S compliance with all terms and performance standards of this AGREEMENT. FRANCHISEE deficiencies that COUNTY determines are severe or continuing and that may place performance of this AGREEMENT in jeopardy, if not corrected, will be reported to the Board of Supervisors. The report will include imp rovemenUcorrective action measures taken by COUNTY and FRANCHISEE. If improvement does not occur consistent with the corrective action measures, COUNTY may terminate this AGREEMENT or impose other penalties as specified in this AGREEMENT. Page 46 SECTION 21 - DEFINITIONS AND INTERPRETATION OF AGREEMENT A. Definitions. Defined words in this AGREEMENT have the meanings given in Exhibit 21 and in some instances within Sections 1 through 24. B. Interpretation and Construction. 1. Gender and Plurality. Words of the masculine gender include correlative words of the feminine and neuter genders and vice versa. Words importing the singular number include the plural number and vice versa unless the context demands otherwise. (For example, reference to a defined "Solid Waste Facility" may include reference to more than one facility identified by FRANCHISEE in Franchisee Documentation.) 2. Headings: Font. Any captions or headings following the Exhibit, Attachment, Section, subsection, paragraph, and other attachments and subdivisions of this AGREEMENT that precede the operative text of this AGREEMENT are for convenience of reference only and do not control or affect the scope, intent, meaning, construction, interpretation, or effect of this AGREEMENT. Any underlined, italicized, bold-faced, upper captioned or other font style is for ease of reading and contract administration only and does not imply relative importance or unimportance of any provision of this AGREEMENT. 3. References to Parts. References to Sections refer to Sections of this AGREEMENT, unless specified otherwise. References to Exhibits and Attachments refer to Exhibits and Attachments attached to this AGREEMENT. Reference to "subsections" refers to the subsection contained in the same Section in which the reference occurs, unless otherwise referenced. 4. Examples. Examples are for purpose of illustration only. If any example is ambiguous, inconsistent, or conflicts with the text that it illustrates, the text governs. 5. Specifics No Limitation on Generalities. The mention of any specific duty or liability imposed on FRANCHISEE may not be construed as a limitation or restriction of any general liability or duty imposed on FRANCHISEE by this AGREEMENT or Applicable Law. 6. Exhibits. The Exhibits to this AGREEMENT, including their attachments, are part of this AGREEMENT to the same extent and effect as if included in the text of Sections 1 through 24. Page 47 7. Inconsistencies and Conflicts. a. if any provision of Exhibit 3A is inconsistent or conflicts with Sections 1 through 24 of this AGREEMENT or any other any Exhibits or Attachments to this AGREEMENT, then the provisions of Exhibit 3A will govern, and b. If any provision of Sections 1 through 24 of this AGREEMENT is inconsistent or conflicts with any Exhibit (other than Exhibit 3A), including Franchisee Documentation, then the provision of Sections 1 through 24 of this AGREEMENT will govern unless the Acting Director determines that is contrary to the interest of the Parties. C. Integration. This AGREEMENT contains the entire agreement between the Parties with respect to the rights and responsibilities of the Parties under this AGREEMENT. This AGREEMENT completely and fully supersedes all prior oral and written understandings and agreements between the Parties with respect to those rights and responsibilities. D. Governing Law. This AGREEMENT is governed by, and construed and enforced in accordance with, the law of the State of California, without giving effect to the State's principles of conflicts of laws. E. Severability. If any clause, sentence, provision, subsection, or Section of this AGREEMENT or Exhibit to this AGREEMENT (an "Agreement Provision") is ruled illegal, invalid, nonbinding, or unenforceable by any court of competent jurisdiction, then the Parties will take the following actions: 1. Promptly meet and negotiate a substitute for the Agreement Provision and any related amendments, deletions, or additions to other provisions of this AGREEMENT, which together effect the Parties' original intent to the greatest extent allowable under Applicable Law; and 2. If necessary or desirable to accomplish preceding item 1, apply to the court that declared the invalidity for a judicial construction of the substituted Agreement Provision and any amendments, deletions, or additions to this AGREEMENT. Within ten days of County's request, Franchisee shall pay County an amount equal to the Direct Costs of the application or other amount provided in Exhibit 3A. The illegality, invalidity, nonbinding nature or unenforceability of any Agreement Provision will not affect any of the remaining provisions of this AGREEMENT, and this AGREEMENT will be construed and enforced as if the Agreement Provision did not exist. F. Interpretation. This AGREEMENT will be interpreted and construed neither for nor against either Party, regardless of the degree to which either Party Page 48 participated in its drafting. Franchisee acknowledges that it determined to provide Franchise Services in the Service Area and to execute this AGREEMENT upon FRANCHISEE'S own choice and initiative. Each Party represents and warrants that it and its counsel have reviewed this AGREEMENT, and the Parties agree that no provision in this AGREEMENT will be construed against the drafting Party. SECTION 22 - COMPLIANCE WITH LAWS AND REGULATIONS A. Applicable Law. 1. Compliance. FRANCHISEE shall comply with all Applicable Laws, including (as required by 13 CCR 2021.1) all applicable air pollution control laws such as Diesel Particulate Matter Control Measure of on -road heavy-duty diesel -fueled Residential and Commercial Solid Waste Collection Vehicles set forth in 13 CCR 2020 et seq., and securing and maintaining all Permits. No obligation in this AGREEMENT may be construed to relieve FRANCHISEE of any obligations imposed by Applicable Law. 2. Referenced Provisions. References in this AGREEMENT to particular provisions or requirements of Applicable Law may not be construed to limit FRANCHISEE'S obligation to comply with all provisions of Applicable Law. Those references are intended to facilitate FRANCHISEE'S satisfaction of its Performance Obligations and COUNTY'S administration and specific enforcement of this AGREEMENT and may not be construed to constitute lack of obligation to comply with other provisions or requirements of Applicable Law not specifically referred to or cited in this AGREEMENT. If any provision of this AGREEMENT is more stringent than Applicable Law, FRANCHISEE shall comply with that provision. 3. Fines and Penalties. FRANCHISEE is solely liable for all fines and penalties that may be imposed on FRANCHISEE or may be due to FRANCHISEE'S actions, including fines and penalties that are the result of FRANCHISEE'S Violation of Applicable Law (including Permits). FRANCHISEE shall not seek reimbursement from COUNTY or Customers for any fines or penalties. 4. Contractual Obligations. Provisions of Applicable Law are incorporated in this AGREEMENT by reference as if set forth fully in this AGREEMENT as contractual obligations of FRANCHISEE to COUNTY. a. Breaches. In addition to or in lieu of prosecuting violations of those provisions as misdemeanors, infractions, or otherwise in the manner provided under Applicable Law, COUNTY may enforce those provisions in the same manner as it may enforce FRANCHISEE'S other contractual obligations under this Page 49 AGREEMENT, including specific performance and as Breaches subject to cure in accordance with Section 17A. However, COUNTY has no obligation to enforce any Applicable Law. b. Violation. Violation of Applicable Law is a Franchisee Default subject to contest as provided in item 4 of Section 17B. 5. County's Protection of Public Safety. Health, and Welfare. FRANCHISEE acknowledges that COUNTY is authorized to make all necessary and reasonable rules and regulations regarding all aspects of MSW Management Services to protect the public's health, safety, and welfare. No provision in this AGREEMENT is deemed to limit the power of COUNTY to regulate FRANCHISEE or to take any action as COUNTY deems appropriate or necessary in COUNTY'S sole and absolute discretion, under COUNTY'S police power, including to protect the public's safety, health, and welfare. 6. Compliance with Applicable Law of County. FRANCHISEE shall comply with Applicable Law of COUNTY subject to possible adjustments in the Rates in the event of Changes in Law in accordance with Section A1d of Exhibit 10. B. County Child Support Compliance Program. As required by COUNTY'S Child Support Compliance Program (County Code Chapter 2.200), FRANCHISEE shall fully comply with employment and wage reporting requirements under the federal Social Security Act (42 U.S.C. § 653(a) and California Unemployment Insurance Code § 1088.5. FRANCHISEE shall implement lawfully served wage and earnings withholding orders or COUNTY Child Support Services Department notices of wage earnings assignment for child, family, or spousal support issued in accordance with California Code of Civil Procedure § 706.031 and California Family Code § 5246(b). SECTION 23 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS A. Labor Code. FRANCHISEE and its agents and employees are bound by and shall comply with all applicable provisions of the California Labor Code as well as all other Applicable Laws related to labor. FRANCHISEE acknowledges that 8 hours labor constitutes a legal day's work under Applicable Law. FRANCHISEE shall require work in excess of 8 hours a day or 40 hours during anyone week only as authorized by California Labor Code § 1815. By and through its execution of this AGREEMENT, FRANCHISEE represents and warrants that it is aware of and understands the provisions of California Labor Code § 3700, which requires every employer to be insured against liability of Workers' Compensation or to undertake self-insurance in accordance with those provisions before Page 50 commencing the performance of work under this AGREEMENT and agrees to fully comply with those provisions. B. Consideration of GAIN/GROW Participants for Employment. Should FRANCHISEE require additional or replacement personnel after the Execution Date, FRANCHISEE shall give consideration for any of those employment openings to participants in COUNTY'S Department of Public Social Services' Greater Avenues for Independence (GAIN) Program or General Relief Opportunities for Work (GROW) Program who meet FRANCHISEE'S minimum qualifications for the open position. COUNTY will refer GAIN/GROW participants, by job category, to FRANCHISEE. For this purpose, "consideration" means that FRANCHISEE shall interview qualified candidates. C. Notices to Employees. 1. Regarding the Federal Earned Income Credit. FRANCHISEE shall notify its employees, and shall require each Subcontractor performing Franchise Services to notify its employees, that they may be eligible for the federal Earned Income Credit under the federal income tax laws. The notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015 that FRANCHISEE has attached as Franchisee Documentation. 2. Regarding Safely Surrendered Baby Law. FRANCHISEE acknowledges that COUNTY places a high priority on the implementation of the Safely Surrendered Baby Law (SB 1368) a. Fact Sheet. FRANCHISEE shall notify and provide to its employees and shall require each Subcontractor performing Franchise Services to notify and provide to Subcontractors' employees a fact sheet regarding the Safely Surrendered Baby Law, its implementation in the COUNTY, and where and how to safely surrender a baby. FRANCHISEE shall print and make available in every facility where its employees are present, including offices and operation yards, the fact sheet that is available at www.babysafela.org. b. Poster. FRANCHISEE understands that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "Safely Surrendered Baby Law" poster in a prominent position at the contractor's place of business. FRANCHISEE shall also encourage its Subcontractors to post this poster in a prominent position in the Subcontractors' place of business. COUNTY'S Department of Children and Family Services will supply FRANCHISEE with the poster to be used. Page 51 3. Renarding Child Support. FRANCHISEE acknowledges that COUNTY places a high priority on the enforcement of child support laws and the apprehension of child support evaders. FRANCHISEE further acknowledges that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "L.A.'s Most Wanted: Delinquent Parents List" supplied by COUNTY in a prominent position at their place of business. D. Prohibition Against Use of Child Labor. Employment. FRANCHISEE shall not knowingly sell or supply to COUNTY or Customers any products, goods, supplies, or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment (the "Convention Concerning Minimum Age for Employment"). If FRANCHISEE discovers that any products, goods, supplies, or other personal property sold or supplied by FRANCHISEE to COUNTY or any Customer are produced in violation of that Convention, FRANCHISEE shall immediately provide an alternative source of supply that complies with that Convention. 2. Provide COUNTY with Records. At COUNTY'S request, FRANCHISEE shall provide documentation satisfactory to COUNTY evidencing the country or countries of origin of any products, goods, supplies, or other personal property FRANCHISEE sells or supplies to COUNTY or any Customer in connection with Franchise Services. 3. Provide COUNTY with Manufacturers' Certification. At COUNTY'S request, FRANCHISEE shall provide to COUNTY the manufacturer's certification of compliance with the Convention Concerning Minimum Age for Employment or other all -international child labor conventions. E. Nondiscrimination. 1. Employees. FRANCHISEE and its Affiliates shall employ qualified applicants and treat employees equally without regard to or because of race, color, national origin, ancestry, religion sex, age, physical or mental disability, marital status, or political affiliation and in compliance with all State of California and federal antidiscrimination laws, including in employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation, and selection of training (including apprenticeship). 2. Subcontractors. Bidders and Vendors. FRANCHISEE shall deal with its Subcontractors, bidders, and vendors without regard to or because of Page 52 race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation. 3. Certification. FRANCHISEE shall comply with the provisions of FRANCHISEE'S EEO Certification (Form PW -7), attached as Franchisee Documentation. 4. Inspection of Records. At COUNTY'S request, FRANCHISEE shall promptly allow COUNTY and its auditors access to FRANCHISEE'S employment records at FRANCHISEE'S Office during Franchisee Office Hours to verify compliance with the provisions of this subsection E. 5. Remedies for Discrimination. If COUNTY finds that FRANCHISEE has violated any provisions of this subsection E, that violation constitutes a Franchisee Default. While COUNTY reserves the right to determine independently that the antidiscrimination provisions of this subsection E have been violated, in addition, a determination by the California Fair Employment Practices Commission or the federal Equal Employment Opportunity Commission that FRANCHISEE has violated State of California or federal antidiscrimination laws will constitute a finding by COUNTY that FRANCHISEE has violated the antidiscrimination provisions of this subsection E. F. Safety 1. Services Safety Official. FRANCHISEE shall designate in Franchisee Documentation a Services Safety Official who shall be thoroughly familiar with FRANCHISEE'S Injury and Illness Prevention Program (IIPP) and Code of Safe Practices (CSP). FRANCHISEE shall ensure that the Services Safety Official is available at all times Franchise Services are provided to abate any potential safety hazards. FRANCHISEE shall give the Services Safety Official the authority and responsibility to cease performing any service if necessary to abate any potential safety hazard. If FRANCHISEE fails to designate or make available the Services Safety Official, COUNTY may direct the Franchise to cease providing Franchise Services at no cost to COUNTY until FRANCHISEE is in compliance with this Section. 2. Safety Responsibilities. FRANCHISEE is responsible for the safety of equipment, material, and personnel under FRANCHISEE'S control or authority during performance of Franchise Services. FRANCHISEE is solely responsible for ensuring that all work performed under this AGREEMENT is performed in strict compliance with all Applicable Laws with respect to occupational safety regulations. FRANCHISEE shall provide at its expense all safeguards, safety devices, protective equipment, and shall take all actions appropriate to providing a safe job environment. Page 53 G. COUNTY Lobbyists. FRANCHISEE and each COUNTY lobbyist or County lobbying firm as defined in County Code § 2.160.010, retained by Franchisee shall fully comply with the County Lobbyist Ordinance. SECTION 24 - EXECUTION OF AGREEMENT A. Execution in Counterparts. This AGREEMENT, including dated signatures on amended Exhibits and attachments to those Exhibits, may be signed in any number of original counterparts. All counterparts constitute but one and the same agreement. B. Authority to Execute. COUNTY warrants that the individual signing this AGREEMENT has been duly authorized by COUNTY to sign this AGREEMENT on behalf of COUNTY and has the full right, power, and authority to bind COUNTY to this AGREEMENT. FRANCHISEE warrants that the individual signing this AGREEMENT below has been duly authorized by FRANCHISEE to sign this AGREEMENT on behalf of FRANCHISEE and has the full right, power, and authority to bind FRANCHISEE to this AGREEMENT. Page 54 IN WITNESS WHEREOF, COUNTY has by order of its Board of Supervisors caused this AGREEMENT to be signed by the Acting Director of Public Works, and FRANCHISEE has caused this AGREEMENT to be signed by its duly authorized officers, as of the date first written above. APPROVED AS TO FORM: RAYMOND G. FORTNER, JR. County Counsel N By a �w Deputy COUNTY OF LOS ANGELES By ;e cting Dire r pWublic Works NAME c;ti BEHALF gfFResident oN BENAI Page 55 ISE u CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CaliforniaI County of tf [ (JS I¢f OnC.t'T7D��-_19_�004beforeme, �/���f 1N6 tor ��kc- Dale I- ere Inas Name and idle oft Gfiicer personally appeared m i Cka�! / rre 9(/i /L_ Name(.) of Signegs) 1 Place Notary Seal Altal who proved to me on the basis of satisfactory evidence to be the person(s) whose name(q[ 'aFKsubscribed to the within instrument and ackRenti�ty ed to me that he Ith�(executed the me(VttfKtr authorized capacity(ies), and that byignature(s) on the instrument the person(s), or tupon 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 off ici I seal. Signature C ` Signa re of Notary PW.OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservato ❑ Other: Signer Is Representing: Number of Pages: Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ql THUMBPRINT OF SIGNERLE 02W7Nallonal NotaryAamaattcn- MW De Soto A., PC Bax 2402•Croate &, CA 913132402•~y NatenalNctaryo,p Itarn a5W7 Re clar. GaNToaFree 1E 76-eB27 Page 55.1 ACTION BY UNANIMOUS WRITTEN CONSENT OF BOARD OF DIRECTORS OF BURRTEC WASTE INDUSTRIES, INC. a Califomia corporation We are all of the directors of BURRTEC WASTE INDUSTRIES, INC., a California corporation. We hereby consent to and adopt the following resolution effective January 1, 2008. Authorization to Michael Arreouin to Execute Documents RESOLVED, that Michael Arreguin, Vice President of this corporation, is hereby authorized to execute all contracts on behalf of the President and Secretary, that this corporation has with or submits to the County of Los Angeles relating to exclusive franchises for refuse, recyclables and green waste automated cart services, and that all such writings upon being executed by Michael Arreguin shall be binding upon this corporation. This ActionfaaV—be Pxecuted in any number of counterparts, and the counterparts taken the same instrument. Page 55.2 Franchisee Services and Service Specifications — EXHIBIT 3A EXHIBIT 3A - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS A. Provisions Cross -Referenced in the Body of AGREEMENT. The following provisions are referenced in the body of this AGREEMENT and provided in this Exhibit: 1. Section 1A1 Grant of Exclusive Franchise for Collection in Carts. COUNTY does not grant to FRANCHISEE any additional exclusive rights and privileges. 2. Premises. This Franchise excludes the following right and privilege: none, other than the exclusions provided in Section 1 B. 3. Section 2A Termination Date. The Termination Date is October 31, 2015. The Acting Director in his or her sole discretion may extend the Termination Date for up to three one-year periods after Notice to FRANCHISEE no later than 90 days before the Termination Date. FRANCHISEE acknowledges that in exercising its option to extend the Termination Date, COUNTY need not consider whether any Service Assets are not fully depreciated as of the Termination Date and that FRANCHISEE invested in and depreciated those Service Assets in FRANCHISEE'S sole discretion. 4. Section 4C Non -Collection Notice item 8. FRANCHISEE observes the presence of Manure in a Refuse Container. 5. Section 4E Exceptions to Performance Obligations. The Parties agree to the following exceptions to Performance Obligations described in Sections 1 through 24 of this AGREEMENT: none. 6. Section 7B Telephone Service. The Parties agree to the following additional service obligations: a. FRANCHISEE shall use Reasonable Business Efforts to broadcast public education messages to Customers while they are placed on hold waiting to talk to a Customer service representative; b. FRANCHISEE shall require no more than two recorded options on a telephone tree before the Customer speaks to a live Customer service representative (for example, English/Spanish and residential/commercial service choices); and C. FRANCHISEE shall answer the telephone within five rings. Upon the Acting Director's determination that the telephone is not answered within five rings based on at least three calls within one week or ten calls within one month made and certified by the Page 56 Franchisee Services and Service Specifications — EXHIBIT 3A Acting Director, the Acting Director may require that FRANCHISEE install additional telephone lines, hire additional operators and make other Customer service improvements without increasing Rates. 7. Section 7C Bilingual. FRANCHISEE shall respond to Customers in English and Spanish, as the Customer requests. 8. Section 15 Amount of Performance Assurance. FRANCHISEE shall provide performance assurance for Santa Clarita Valley in the amount of $1,048,150. 9. 19A Acting Director's Consent to Transfer. The Acting Director may condition consent to any Transfer, other than an Assignment to an Affiliate, on FRANCHISEE'S payment to COUNTY of $5.00 per Customer. 10. 21E Allocable Share of Direct Costs of Application with Respect to Severability of Agreement Provision. FRANCHISEE'S share is 100 percent. B. General Specifications. if FRANCHISEE shall begin Collection on November 1, 2008, and Collect from all Customers during the succeeding week. Franchise shall Collect only between the hours of 6 a.m. and 6 p.m., Monday through Saturday, except that FRANCHISEE may Collect from Commercial Premises that are not located within 500 feet of Residential Premises at other times agreed to between FRANCHISEE and the Commercial Customer in accordance with the County Code, including § 12.08.520 Refuse Collection Vehicles. FRANCHISEE shall use Reasonable Business Efforts to adjust the early morning start point of Collection routes to address and minimize Customer complaints. FRANCHISEE shall Collect from Premises that were scheduled for Collection on a Holiday on the day before or after the scheduled Service Day that is a Holiday, and shall Collect from all other Premises in the Service Area on their regularly scheduled Collection day or one day later than their regularly scheduled Collection day. FRANCHISEE shall indicate the option it has selected in Franchisee Documentation. FRANCHISEE shall pay liquidated damages for Breach under this subsection B1 in accordance with Exhibit 18D2 Liquidated Damages. 2. Waste Diversion Program. FRANCHISEE shall develop and implement a Waste Diversion Program for all Residential Premises and Multifamily Premises, including Collection of Recyclables, Green Waste, Bulky Items, E -waste and CEDs; Customer education and outreach; Record keeping; and submission of Reports. FRANCHISEE shall include a copy of its Page 57 Franchisee Services and Service Specifications — EXHIBIT 3A program in Franchisee Documentation. The Waste Diversion Program must include, at a minimum, all of the following items: a. Customer Recyclables Diversion Education Program. As part of its Waste Diversion Program, FRANCHISEE shall develop and implement a Customer educational program to maximize Diversion of Recyclables, Green Waste, Bulky Items, E -waste and CEDs. The Customer educational program must include, at a minimum, all of the following items: (i) Recycling and Diversion goals, including method and calculations used and measures that will be used to determine how successful FRANCHISEE is in meeting its waste diversion goals; (ii) Identifying Recycling and Diversion strategies and Customer options, including efforts to increase participation of Customer food retailers; (iii) Establishing program tasks, such as meeting with managers of Multifamily Premises, visiting schools, speaking at Chambers of Commerce, informing Customers of on-line recycling and diversion information sites, and mailing quarterly newsletters; (iv) Timetable for program implementation; and (v) Developing and distributing literature in the form of fliers, cards, stickers, or otherwise as FRANCHISEE determines to be the most effective means of increasing Recycling and Diversion by Customers. FRANCHISEE shall use Reasonable Business Efforts to participate in other promotional activities to increase Diversion, including participation in local fairs, parades and civic events. b. Distribution of Promotional Materials. At least once each calendar year, FRANCHISEE shall distribute flyers, pamphlets, brochures, or other written information describing FRANCHISEE'S Recyclables services and other opportunities for Customers to reduce, reuse, recycle, and divert Solid Waste. FRANCHISEE shall submit the materials to COUNTY at least one month before mailing them for COUNTY review and approval. FRANCHISEE may combine this distribution with its Customer outreach for the Unpermitted Waste Screening Protocol as provided in Section 6E. Page 58 Franchisee Services and Service Specifications — EXHIBIT 3A C. Diversion. FRANCHISEE shall use Reasonable Business Efforts to Divert all materials that it Collects in accordance with this subsection B2, including the following: Holiday trees that it Collects in accordance with subsection F1; ii. Bulky Items and excess Solid Waste, E -waste and CEDs that it Collects in accordance with subsection F2; and iii. Refuse and Recyclables that it Collects at special events in accordance with subsection F3. FRANCHISEE shall transport those materials only to the facility or facilities, including Solid Waste Facilities, that FRANCHISEE has designated in Franchisee Documentation for Recycling, Processing, or Diversion and shall Dispose of those materials that it does not Divert to the Solid Waste Facility that FRANCHISEE designates in Franchisee Documentation for Disposal. FRANCHISEE shall pay liquidated damages for Breach under this subsection F6 in accordance with Exhibit 18D2 Liquidated Damages. 3. Containers. FRANCHISEE shall pay liquidated damages for Breach under this subsection 83 in accordance with Exhibit 18D2 Liquidated Damages. a. Delivery and Exchanges. Within seven days after receiving a Customer's request for commencement or changes in Collection of Refuse, Recyclables, Green Waste, or Manure, FRANCHISEE shall deliver Containers of the Customer's requested capacity or replace existing Containers with substitute Containers of the Customer's requested capacity. b. Removal. On a regularly scheduled Collection day, no later than 8 days after receiving notice from a Customer to discontinue Collection in accordance with the Customer's rights under a Subscription Order, FRANCHISEE shall remove its Containers from the Customer's Premises. C. Repair and Replacement. FRANCHISEE shall repair or replace Containers on or before the next Service Day after COUNTY'S or a Customer's request for repair or replacement, including providing and maintaining operable lids. FRANCHISEE shall repair or replace Containers, including Containers that are stolen, without surcharge, except that if the Customer does not report the theft of a Page 59 Franchisee Services and Service Specifications — EXHIBIT 3A Container to the police, FRANCHISEE may charge the Customer the actual cost of replacement. d. Specifications. FRANCHISEE shall procure, provide to Customers, maintain, and Collect using fully automated, wheeled Carts having the specifications described in Franchisee Documentation and without surcharge to Customers unless otherwise provided on the Rate Schedule. Reference in this AGREEMENT to "96 gallons" includes substantially similar capacity upon approval of the Acting Director. e. Upright. FRANCHISEE shall return Carts upright. f. Inventory. FRANCHISEE shall maintain a Cart inventory of at least 10% of the total number of Carts of each type and capacity provided to all Customers. g. Graffiti. FRANCHISEE shall remove graffiti from Containers within 5 days (weekends excepted) of identification by FRANCHISEE or oral or written notice by COUNTY or a Customer or, if the graffiti is comprised of pictures or written obscenities, within 48 hours (weekends excepted). h. Alternatives to Fully Automated 96 -Gallon Carts. In place of fully automated 96 -gallon Carts, FRANCHISEE may Collect Refuse, Recyclables and/or Green Waste in the type of Containers and in the manner described in Franchisee Documentation, at any Premises that is difficult to service with automated collection Vehicles if approved by the Acting Director, or at any Premises if requested by the Customer. FRANCHISEE shall provide the alternative Containers having the same aggregate capacity, as FRANCHISEE would have provided to that Customer in Carts for the Rate surcharge provided in the Rate Schedule. In -ground Containers. If a Customer requests Refuse Collection from in -ground Containers, FRANCHISEE shall Collect the Refuse from those in -ground Containers for the same Customer Service Charges applicable to the number of 96 -gallon Refuse Carts that FRANCHISE would have to provide to Collect the same volume of Refuse discarded in the in -ground Containers, but not less than a minimum amount equal to basic service as provided on Attachment 2 to Exhibit 10. For example, if the in -ground Container has a capacity of approximately 35 gallons, FRANCHISEE shall charge the same amount as for basic service for a 96 -gallon Refuse Cart as provided on Attachment 2 to Exhibit 10. For example, if the in -ground Page 60 Franchisee Services and Service Specifications — EXHIBIT 3A Containers have an aggregate capacity of approximately 150 gallons, FRANCHISEE shall charge for that basic service for a 96 - gallon Refuse Cart plus the surcharge for an additional 96 gallon Refuse Cart, as provided on Attachment 2 to Exhibit 10. j. Alternatives to 96 -Gallon Carts due to Space Restrictions. If a Customer requests Containers other than 96 -gallon Carts due to space restrictions for Cart storage or at the Set -Out Site, FRANCHISEE shall provide the type of Containers and method of Collection described in Franchisee Documentation. FRANCHISEE shall provide alternative Containers having the same aggregate capacity as FRANCHISEE would have provided to that Customer in Carts, without Rate discount or surcharge, if the Customer requests the same aggregate capacity. k. 32 -Gallon Cart Alternatives to 96 -Gallon Carts for elderly. If an elderly Residential Customer described in Subsection G requests a 32 -gallon Cart, FRANCHISEE shall provide a 32 -gallon Cart so long as the elderly Customer can dispose of all or his or her Refuse inside the 32 -gallon Cart and does not commingle Refuse in his or her Recyclables or Green Waste Carts. 4. Vehicles. Vehicles used for Collection must be fully automated unless permitted in subsection 133h. 5. Subcontractors. FRANCHISEE shall not engage any Subcontractor in an amount exceeding $50,000 for any individual Subcontractor without prior COUNTY approval of the Subcontract and Subcontractor. FRANCHISEE is responsible for directing the work of FRANCHISEE'S Subcontractors and any compensation due or payable to FRANCHISEE'S Subcontractors is the sole responsibility of FRANCHISEE. FRANCHISEE shall remove any approved Subcontractor for good cause at COUNTY'S request. FRANCHISEE shall identify all Subcontractors in Franchisee Documentation. In its Annual Report, FRANCHISEE shall disclose to COUNTY the name of all Subcontractors, the amount of Goods or Services that each Subcontractor provides to FRANCHISEE, and a description of FRANCHISEE'S relationships to each Subcontractor (including ownership interests). 6. Routing and Container Placement. FRANCHISEE shall provide to the Acting Director route maps and schedules indicating the day and approximate time of day (morning or afternoon) of Collection and Customers' names and addresses. FRANCHISEE shall schedule Collection one to two Service Days before streets are swept as provided in COUNTY'S schedule for street sweeping in the Service Area unless otherwise approved by the Acting Director. For the convenience of the Parties, COUNTY'S current street sweeping schedule is attached as Page 61 Franchisee Services and Service Specifications — EXHIBIT 3A Exhibit 1, and the schedule may be amended by COUNTY after the Execution Date. Franchise shall use Reasonable Business Efforts to implement the Acting Director's requests for route and schedule changes. FRANCHISEE shall return empty Containers to their Set -Out Sites or site nearest Set -Out Site that does not impede pedestrian or vehicular traffic. The Set -Out Site must be located at the curb or as otherwise provided in County Code § 20.72.100. 7. Collection Frequency. In order to protect the public health and safety and control the spread of vectors, FRANCHISEE shall Collect all Refuse at least once per week. C. Refuse Collection, Transportation, and Disposal. 1. Scope of Franchise Services and Specifications. FRANCHISEE shall arrange to provide for fully automated Collection, transportation and Disposal of Refuse discarded by any Customer that requests FRANCHISEE to Collect its Refuse in Carts and agrees to pay Customer Service Charges. FRANCHISEE shall provide to each of those Customers the following for Collection of Refuse: a. One 96 -gallon Cart without surcharge; and b. At the Customer's request, any number of additional 96 -gallon Carts for the surcharge provided on the Rate Schedule. FRANCHISEE shall Collect, transport and Dispose of Refuse discarded in tagged bags set next to a Customer's Refuse Cart without surcharge. Within one week of Customer request, FRANCHISEE shall provide that Customer two tags per Contract Year, substantially in the form included in Franchisee Documentation. 2. FRANCHISEE -Designated Solid Waste Facility. FRANCHISEE shall transport Refuse only to the Solid Waste Facility or Facilities that FRANCHISEE has designated in Franchisee Documentation for Disposal. FRANCHISEE shall use Reasonable Business Efforts to designate a Solid Waste Facility or Facilities that utilizes Conversion technology or provides feedstock to Conversion facilities. FRANCHISEE shall pay liquidated damages for Breach under this subsection C2 in accordance with Exhibit 18D2 Liquidated Damages. 3. Manure. FRANCHISEE shall arrange to provide fully automated Collection, transportation and Disposal of Manure discarded by the Customer for whom Franchisee provides Collection of Refuse, on the day or days agreed with Customer, at least weekly, in each of the following events: Page 62 Franchisee Services and Service Specifications — EXHIBIT 3A a. the Customer requests that Franchise Service, or b. FRANCHISEE (1) observes manure discarded in that Customer's Refuse Container; (2) provides a Non -Collection Notice required under Section 4C9, explaining that Customer cannot discard Manure in Refuse Containers and must subscribe to Containers for discard of manure; and (3) subsequently again observes Manure discarded in that Customer's Refuse Container. FRANCHISEE shall provide to that Customer a 64 -gallon Cart (or other capacity Cart approved by the Acting Director) for Collection of Manure and upon Customer request, additional 64 -gallon Cart or Carts for the Customer Service Charges provided on the Rate Schedule. At the request of any Customer, Franchisee shall provide roll-out, carry- out or push services described in subsection G with respect to Green Waste Carts containing Manure. However, Franchisee may charge a surcharge for these services as provided in the Rate Schedule regardless of whether the Customer is Elderly or Handicapped as defined in Subsection G. FRANCHISEE'S fees, charges, and other compensation from providing Franchise Services to Premises with respect to Manure is included in the calculation of the Franchise Fee under Section 1 D. D. Recyclables Collection, Transportation, Processing and Diversion. 1. Scope of Franchise Services and Specifications. FRANCHISEE shall arrange to provide for fully automated Collection, transportation, processing and marketing of Recyclables discarded by any Customer for whom FRANCHISEE provides Collection of Refuse on the same day that FRANCHISEE Collects the Refuse. If FRANCHISEE Collects Refuse from in -ground Containers, FRANCHISEE shall Collect Recyclables as provided in its Waste Diversion Program, without surcharge to the Customer. FRANCHISEE shall provide to each of those Customers the following for Collection of Recyclables: a. One 96 -gallon Cart and, at the Customer's request, one additional 96 -gallon Cart (for a total of two 96 -gallon Carts) without surcharge; and b. At the Customer's request, any number of additional 96 -gallon Carts for the surcharge provided on the Rate Schedule. FRANCHISEE may not reduce Customer Service Charges for Customers that do not discard Recyclables. Page 63 Franchisee Services and Service Specifications — EXHIBIT 3A 2. FRANCHISEE -Designated Facility. FRANCHISEE shall transport Recyclables only to the facility or facilities that FRANCHISEE has designated in Franchisee Documentation for Recycling, Processing or Diversion, including Solid Waste Facilities, materials brokers and beneficiators. FRANCHISEE shall pay liquidated damages for Breach under this subsection D2 in accordance with Exhibit 18D2 Liquidated Damages. 3. Purchase of Recyclables. FRANCHISEE'S obligation to provide Recyclables services described in this Section D does not preclude FRANCHISEE from purchasing Recyclables from its Customers separate from Franchise Services. 4. Scavenging - Discouragement. FRANCHISEE shall use Reasonable Business Efforts to enforce anti -scavenging laws, including the following: a. Instituting civil actions against a Person alleged to have violated California Public Resources Code § 41950 for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $1,000.00, whichever is greater, for each unauthorized removal, in accordance with California Public Resources Code § 41953; and b. Taking actions under County Code § 20.72.196 to discourage Scavenging. 5. Prohibition on Mixing Recvclables and Green Waste with Refuse or Disposing of Recyclables or Green Waste. Unless FRANCHISEE is obligated under this AGREEMENT to process Refuse for recovery of Recyclables, or unless as otherwise approved by the Acting Director, FRANCHISEE shall not: a. Mix Recyclables or Green Waste that it Collects with Refuse; or b. Dispose of Recyclables or Green Waste that it Collects in a Disposal site or transformation facility, except for: (i) Incidental amounts of Recyclables or Green Waste that a Customer commingles with discarded Refuse; (ii) Green Waste used as alternate daily cover that is considered Diversion; or (iii) Contaminated Recyclables or Green Waste that cannot be Diverted using Reasonable Business Efforts as long as FRANCHISEE has previously exercised Reasonable Page 64 1.3 Franchisee Services and Service Specifications — EXHIBIT 3A Business Efforts to provide Customer education with respect to reducing that contamination. FRANCHISEE shall pay liquidated damages for Breach under this subsection D5 in accordance with Exhibit 18D2 Liquidated Damages. FRANCHISEE may transport residual Solid Waste remaining after processing at Solid Waste Facilities to maximum possible recovery levels and Diversion to facilities other than the Solid Waste Facility or Facilities that FRANCHISEE designates for Disposal in Franchisee Documentation. However, FRANCHISEE shall use Reasonable Business Efforts to Divert or provide for the Diversion of residual Solid Waste remaining after processing at a materials recovery facility at Conversion facilities. Contamination Audits. a. Initial. Within the first six months of commencing Franchise Services, Franchise shall check all Customers' Recyclables Containers and Green Waste Containers) once to ascertain whether Customers are discarding only Recyclables in their Recyclables Containers and only Green Waste in Green Waste Containers. Checking must include, at a minimum, manually opening the lid of Carts or Bins and visually inspecting the contents of the Cart or Bin to identify contamination. b. Annual Spot Checks. After the first six months of commencing Service, Franchise shall check Recyclables Containers of 20 percent of its Customers annually on a rotating basis, such that all Customers' Recyclables Containers are spot checked at least once every five years. Non -Collection Notices. If FRANCHISEE observes materials other than Recyclables during an initial or spot check, it shall not Collect that Container and it shall leave a Non -Collection notice at the Premises. d. Follow -Up. Within two months, FRANCHISEE shall recheck Containers set out at Premises that received a Non -Collection notice. e. Reports. In its Monthly Report FRANCHISEE shall summarize the results of its spot checks. f. Additional Spot Checks. After the first six months of commencing Service, if the Acting Director determines that Customers are discarding a significant amount of Refuse and/or Green Waste in their Recyclables Containers or Refuse and/or Recyclables in their Page 65 Franchisee Services and Service Specifications — EXHIBIT 3A Green Waste Containers, then the Acting Director may direct FRANCHISEE to check additional Containers and leave Non - Collection notices as provided in subsection D6c. E. Green Waste Collection, Transportation, Processing, and Diversion. 1. Scope of Franchise Services and Specifications. FRANCHISEE shall arrange to provide for fully automated Collection, transportation, processing and marketing of Green Waste discarded by any Customer for whom FRANCHISEE provides Collection of Refuse on the same day that FRANCHISEE Collects the Refuse. If FRANCHISEE Collects Refuse from in -ground Containers, FRANCHISEE shall Collect Green Waste as provided in its Waste Diversion Program, without surcharge to the Customer. FRANCHISEE shall provide to each of those Customers the following for Collection of Green Waste: a. One 96 -gallon Cart and, at the Customer's request, one additional 96 -gallon Cart (for a total of two 96 -gallon Carts) without surcharge; and b. At the Customer's request, any number of additional 96 -gallon Carts for the surcharge provided on the Rate Schedule. In addition, FRANCHISEE shall Collect, up to four times each year without surcharge, Green Waste that a Customer discards in bags at the Set -Out Site on that Customer's next regularly scheduled Collection day after 24 hours advance notice by the Customer or other date agreed to between that Customer and FRANCHISEE. FRANCHISEE may not reduce Customer Service Charges for Customers that do not discard Green Waste. 2. FRANCHISEE -Designated Facility. FRANCHISEE shall transport Green Waste only to the facility or facilities that FRANCHISEE has designated in Franchisee Documentation for Recycling, Processing or Diversion, including Solid Waste Facilities. FRANCHISEE shall pay liquidated damages for Breach under this subsection E2 in accordance with Exhibit 18D2 Liquidated Damages. F. Special Services. FRANCHISEE shall provide the Services prescribed in this Section F without surcharge to Customers or charge to COUNTY except for subsection F2d Additional On -Call Pickup with Surcharge. 1. Holiday Tree Collection. During the period beginning December 26 and ending January 14, or another period established by COUNTY not to exceed three weeks, and at a Customer's request, FRANCHISEE shall Collect, transport, process, and Divert all holiday trees, such as Christmas Page 66 Franchisee Services and Service Specifications — EXHIBIT 3A trees and Hanukkah bushes stripped of ornaments, garlands, tinsel, flocking, and stands, placed for Collection at the Set -Out Site, on or before the Customer's next regularly scheduled Collection day. 2. Bulky Items, Excess Solid Waste, E -waste and CEDs Collection. a. Annual Curbside Cleanup Event. FRANCHISEE shall Collect unlimited amounts of Residential Customers' Bulky Items, excess Solid Waste, E -waste and CEDs discarded at each Set -Out Site once each calendar year on a day approved by COUNTY, after no less than two weeks advance written notice to Residential Customers, without surcharge. b. Two On -Call Pickups Per Year without Surcharge for Residential Customers. In addition to the annual curbside cleanup event described in subsection F2a, FRANCHISEE shall Collect twice each calendar year unlimited amounts of Residential Customers' Bulky Items, E -waste and/or CEDs discarded at the Set -Out Site of a Residential Customer on that Customer's next regularly scheduled Collection day after 24 hours advance notice by the Customer or other date agreed to between that Customer and FRANCHISEE, without surcharge. G. Four On -Call Pickups Per Year without Surcharge for Multifamily Customers. FRANCHISEE shall Collect four times each calendar year a maximum of two items per pickup of Multifamily Customers' Bulky Items, E -waste and/or CEDs discarded at the Set -Out Site of a Multifamily Customer on that Customer's next regularly scheduled Collection day after 24 hours advance notice by the Customer or other date agreed to between that Customer and FRANCHISEE, without surcharge. d. Additional On -Call Pickup with Surcharge. In addition to Collection described in subsections F2a and b, at the request of a Residential Customer in excess of twice annually, as provided in subsection F2b, or at the request of a Multifamily Customer in excess of four times annually, as provided in subsection F2c, on 24 hours advance notice, FRANCHISEE shall Collect unlimited amounts of that Customer's Bulky Items, E -waste and CEDs discarded at that Customer's Set -Out Site on that Customer's next regularly scheduled Collection day or other date agreed to between that Customer and FRANCHISEE at surcharges for additional calls listed on the Rate Schedule and surcharge for items listed in Franchisee Documentation. e. Number of Workers. FRANCHISEE shall supply at least two workers for each Collection Vehicle during the annual curbside Page 67 Franchisee Services and Service Specifications — EXHIBIT 3A Cleanup event described in subsection Fla. FRANCHISEE shall also supply at least two workers for each Collection Vehicle dispatched for on-call pickup described in subsections F2b, c and d unless FRANCHISEE determines at the time a Customer orders on-call pickup that the Customer's discarded Bulky Items will not require at least two workers to load them safely onto the Collection Vehicle. f. Required Registrations and Permits. FRANCHISEE shall secure and maintain valid waste and used tire hauler registration therefor in accordance with California Public Resources Code § 42950 et seq. and any Permit required by Applicable Law for handling CEDs. FRANCHISEE shall transport tires to and Dispose of them at a facility authorized and permitted in accordance with Applicable Law to accept tires. FRANCHISEE shall comply with all applicable regulations governing the recovery of ozone-depleting refrigerants during the Disposal of air conditioning or refrigeration equipment, including 40 C.F.R. Part 82. g. Annual Customer Notice. At least annually, FRANCHISEE shall provide Customers notice of available Franchise Services for Collection of Bulky Items, excess Solid Waste, E -waste and CEDs, and FRANCHISEE'S charges for those Franchise Services. h. FRANCHISEE -Designated Facility. FRANCHISEE shall transport Bulky Items, E -waste and CEDs only to the facility or facilities that FRANCHISEE has designated in Franchisee Documentation for Recycling, Processing or Diversion, including Solid Waste Facilities. FRANCHISEE shall pay liquidated damages for Breach under this subsection F2 in accordance with Exhibit 18D2 Liquidated Damages. 3. Special Events cleanup Services. At the Acting Director's request, FRANCHISEE shall provide Bins or portable containers in type, number, and capacity (such as up to 80 cubic yards) specified by the Acting Director for discards of Solid Waste (including Bulky Items), E -waste and CEDs at each of up to four community cleanup projects or public events located throughout the Service Area during any 12 -month period. FRANCHISEE shall Collect filled Bins or portable containers immediately and partially full Bins or portable containers no later than the day after the termination of the project or event. FRANCHISEE shall provide all the necessary labor, vehicles, Bins or portable containers and other equipment, and materials or supplies (such as plastic bags in portable containers). 4. Vehicle Billboards. FRANCHISEE shall equip Vehicles on at least one side with frames capable of securing signs measuring 29 3/16 inches by Page 68 Franchisee Services and Service Specifications — EXHIBIT 3A 93 3116 inches or other dimension approved by the Acting Director. FRANCHISEE shall prepare and install signs promoting Recycling, Diversion and safe handling of Unpermitted Waste, with text, graphics and design approved by the Acting Director. G. Roll -Out Services. FRANCHISEE shall manually provide Cart roll-out, carry -out or push services for all or a portion of Collection at the request of any Residential or Multifamily Customer for the surcharge provided in the Rate Schedule. These services include the following: 1. Dismounting from the Collection Vehicle, moving Containers from their storage location to the Collection Vehicle and returning them to their storage location; and 2. Carrying Bulky Items from adjacent to a dwelling out to the curb. FRANCHISEE shall provide these services without additional charge or surcharge to Residential Customers who are elderly or disabled and who meet both of the following qualifications: The Customer is a head of household as evidenced by his or her name on utility or telephone bills for the involved premises, and 2. The Customer certifies that there is no able-bodied individual in the Customer's household who can roll out Carts to the curb. As used in this Exhibit and in Attachment 2 to Exhibit 10, "elderly" means age 62 or older as evidenced by a driver's license or other document issued by a governmental entity, and "disabled" means Customers who suffer from a disability as evidenced by a letter from their medical physician. FRANCHISEE shall describe the Customer's storage location in that Customer's Subscription Order. H. Senior Discount. FRANCHISEE shall provide 25 percent discounts in Customer Service Charges to elderly Residential Customers meeting all of the following requirements: 1. The Customer is age 62 or older as evidenced by a driver's license or other document issued by a governmental entity; 2. The Customer is a head of household as evidenced by his or her name on utility or telephone bills for the involved premises; and 3. The Customer either (1) qualifies for discounted utility rates based on financial need (such as those referred to as "life -line" rates) as evidenced by water, power, or telephone bill for the involved premises, or (2) generates small amounts of waste and uses 32 -gallon containers. Page 69 Franchisee Services and Service Specifications — EXHIBIT 3A I. Transition Roll -Out Plan. FRANCHISEE shall provide a start-up transition and Cart roll-out plan, including both time line and tasks, such as: 1. Ordering Vehicles and/or Containers; 2. Vehicle and/or Container delivery from manufacturer; 3. Container (such as Cart) assembly; 4. Distributing Containers to Customers; 5. Public outreach and education activities; 6. Determining routes; 7. Training route drivers; 8. Collecting old Containers; 9. Commencement date of Collection FRANCHISEE shall use its best efforts to cooperate and work with providers of MSW Management Services before the date that FRANCHISEE commences Collection as provided in Section B1 of this Exhibit in order to ensure a smooth transition. Prior to that commencement date, Franchisee shall use its best efforts to provide MSW Management Services to Customers who do not receive MSW Management Services from other providers. J. FRANCHISEE Commitments Made in Its Proposal to COUNTY for Procurement of This AGREEMENT. FRANCHISEE shall fully and timely satisfy any additional Performance Obligations set forth in item 20 of Section B of Exhibit 3D. K. MSW Management Services to Residential Premises and Multifamily Premises in Bins. This Franchise does not prohibit FRANCHISEE from executing separate agreements with any Customer to provide MSW Management Services in Bins to Residential Premises for any Residential Customers and to Multifamily Premises for any Multifamily Customers who request FRANCHISEE to provide Bins for Refuse (including source -separated manure), Recyclables and/or Green Waste. In that event: 1. FRANCHISEE shall also provide all other Franchise Services (except Collection of Refuse, Recyclables, or Green Waste, as the case may be in Bins) to that Customer, including Collection of Recyclables and Green Waste and Customer service, in accordance with this AGREEMENT, without surcharge; and Page 70 Franchisee Services and Service Specifications — EXHIBIT 3A 2. FRANCHISEE shall enter into a commercial franchise with COUNTY, if required in the Service Area. Page 71 Franchisee Services and Service Specifications — EXHIBIT 3A ATTACHMENT 1 - SERVICE AREA AND STREET SWEEPING SCHEDULE (Section 136) [INSERT APPROVED MAP OF SERVICE AREA AND SCHEDULE HERE] Page 72 y r AX� A r 1 [ �. r f • ff/, ./A rr 5 1 t 1 .1 Franchisee Services and Service Specifications — EXHIBIT 3A EXHIBIT 3D - FRANCHISEE DOCUMENTATION [All documentation listed below to be attached to AGREEMENT as Exhibit 3131 A. Notice to COUNTY Required. 1. FRANCHISEE'S PERMIT AND PERMIT APPLICATION, including all permits required by the County Code (such as a waste collector permit from the Los Angeles County Department of Health Services) or other Applicable Law. 2. INVENTORY OF SERVICE ASSETS, including all documents that encumber or limit FRANCHISEE's interest in Service Assets as described in Section 16A3b, including identifying serial numbers on Carts promptly upon acquisition. CART SPECIFICATIONS, including cart capacity options, container color, manufacturer's orders and invoices, label content and placement (Section 6D; Section 63d of Exhibit 3A). 3. (Intentionally omitted) 4. ALL FRANCHISEE MANAGERS (Section 20J5; see definition of "Franchisee Manager" in Exhibit 21) AUTHORIZED REPRESENTATIVE OF FRANCHISEE, with Notice contact information (name, address, phone numbers, fax numbers, and e-mail address) KEY PERSONNEL (Section 4L) SERVICES SAFETY OFFICIAL (Section 23F1) 5. ROUTE MAPS AND SCHEDULES (Section B6 of Exhibit 3A). 6. FACILITIES AND SOLID WASTE FACILITIES designated by FRANCHISEE (Exhibit 3A: Sections C2 Refuse, D2 Recyclables, E2 Green Waste, F2 Bulky Items, CEDs. E -waste, and Excess Solid Waste, and F5 Manure), including the following information: a. Name, location, owner, and operator, with telephone contact; b. Types of materials accepted and rejected; C. If applicable, methodology used by each Processing facility for allocating materials, including Disposed residue, to the Service Area, with sample reports. 73 Franchisee Services and Service Specifications — EXHIBIT 3A 7. SUBCONTRACTORS, including Subcontractors' names, the amount of Goods or Services that each Subcontractor provides to FRANCHISEE, and a description of FRANCHISEE'S relationships to each Subcontractor, including ownership interests; but excluding COUNTY -approved Subcontractors (Section B5 of Exhibit 3A). B. COUNTY Consent Required. 1. FORM OF NON -COLLECTION NOTICE including any Green Waste exclusions (Section 4C). 2. FORM OF SUBSCRIPTION ORDER (Section 4D), including form of any waiver of liability (Section 4B) and form of any indemnification (Section G of Exhibit 3A) SUBSCRIPTION ORDER SUMMARY (Section 4D) 3. UNPERMITTED WASTE SCREENING PROTOCOL (Section 6; Section F4 of Exhibit 3A). 4. OFFICE address (Section 7A) and Franchisee Office Hours. 5. ACKNOWLEDGMENT of receipt of fact sheets relating to form of Non-employee Injury Report (Section 14133) and Safely Surrendered Baby Law (Section 23C2). 6. INSURANCE AND PERFORMANCE ASSURANCE (Sections 14 and 15). 7. INTERNAL REVENUE SERVICE NOTICE 1015 (Section 23C1). 8. FRANCHISEE'S EEO CERTIFICATION (FORM PW -7) (Section 23E3). 9. WASTE DIVERSION PROGRAM, including Customer Recyclables Diversion Education Program (Sections B2 and F4 of Exhibit 3A). 10. ALTERNATIVES TO FULLY AUTOMATED OR 96 -GALLON CARTS (Sections 63h, B3i, and B3j of Exhibit 3A). 11. COUNTY -APPROVED SUBCONTRACTORS, including Subcontractors' names, the amount of Goods or Services that each Subcontractor provides to FRANCHISEE, and a description of FRANCHISEE'S relationships to each Subcontractor, including ownership interests (Section B5 of Exhibit 3A). 12. ADDITIONAL FRANCHISEE COMMITMENTS MADE IN ITS PROPOSAL FOR PROCUREMENT OF THIS AGREEMENT (Section J of Exhibit 3A). 74 Franchisee Services and Service Specifications — EXHIBIT 3A 18. CHARGES FOR ADDITIONAL ON-CALL PICKUP OF BULKY ITEMS, E - WASTE AND CEDs (Section F2d of Exhibit 3A). 19. TRANSITION ROLL-OUT PLAN (Section I of Exhibit 3A). 20. ADDITIONAL FRANCHISEE COMMITMENTS MADE IN ITS PROPOSAL FOR PROCUREMENT OF THIS AGREEMENT (Section J of Exhibit 3A). Page 75 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.1— FRANCHISEE'S PERMIT AND PERMIT APPLICATION This item consists of l pai gees (including this page). Initials: Dated % Initials: TMP— Dated: �0 F NC SEE COUNTY EXHIBIT 3D Item A.1 - Franchisee's Permit Enclosed, please find the following Burrtec Waste Industries, Inc. permits, as required: • Burrtec Waste Industries, Inc., County of Los Angeles, Waste Collector Permit from the Los Angeles County Department of Health Services. The current Waste Collector Permit is operational for calendar year 2008 (Number S0535) • Burrtec Waste Industries, Inc., Department of Toxic Substances Control EPA Number as a hazardous waste generatorlhandier (CAL0004235) Burrtec Waste Industries, Inc., California Integrated Waste Management Board Waste Tire Hauler Permit for calendar year 2008 (TPID 1001726-01). W COUNTY OF LOS ANGELES Deportment d HOMM Smvlca • Sand Ws" M r49wwt Proptam �t 4 Waste Collec�tor Permit 1 Undw PfaAojorw aj C^m"•l Dtd w TMe 20 COM►AIUY W a SO5w ITYM 11.7u.00 20t)H VVOCLUPK MtTf� DA UFlwL)F 07113=00 TION TtG IV31= BURRTHC WASH 1NW FMIL , INC Lt/�7%LO 9M Cb*M An }m1MIN092133 _.__ __. _._....... ....._..�.... �...,.... EXHIBIT 3D LIpW[ LtNR11Y1r California Department of Toxic Substances Control Handler Certiflcadon Page (Signature Raqulnd)............... ....... .........................,...I.................. Naas: BLMIW Writs Industries, Inc, ID: 4275 •(Requasd) • Raportip Year CTC ' l the CRT andW WED handler, am () e+a prop" owner (7'. the opvalor Of the fls a I W* under PWAWY of the kw #W d» tachy, named in Section A, (ice or eocepts ban op sae, Dur does not treat a rade, universal waste elect dnic derkes andlor CRT materials. The jnformafon contatr+ed in rids norfKzbon is bus, tmss and compWe to the best Of mY snowbdga. drerttor MUWOW $&%i s snr (ron-Mark Wc) ' Tide (please type tn) a a a�a ra:o - • Printd Narrn (phase WS In) • pate aiprred (MMAWM - PICM We lo) Nob"borm must be submiltd b DTSC by CW~ mail, rearm receipt Mquest. Before sulr "g Mia Page.Print i oul W you an apn and send M b adrm below. Mai lo: DePa�*� d Toloc Substar>cs CanW I+azardous Waste ld+oagert� Program Repulalory Program txwlonnem Dvislon P.O. Box WS SKtenrnto. CA 05812-OBDB Ademion: UWEDICRT Materials Handling Actv*" YWr appticanon w)t not be accep•.W If You do not corr)Pele and send m this CJge SuhrnR Cong,tions of Use I PrrVM Pohcv Cppynght O 2007 State of Cabfomra y¢�rryw�duc,r�ymlhubwrN1m71r� UWw cwnmur�-+Yn 1Ywu-.rC.1rwM.le00r1i0 WLCf 0-611�W! W �M.L'+- IIM rru Ci cri State of California California Integrated Waste Management Board Tire Program Identification Number 1001726"1 AUro swc7r10 IF"TEc WASTE M MYRES INC WIN CHERRY AVE .... FOWA%k GA X335 0Q 16L.A.L.U..31..1.1..1.L.J.116....LIll 11.111.Mull ! Do not copy V mpwduce —•= Poll this nrtilkale In I <ampktou% plact Lr tk,..-F.M+e.M..• EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.2 — INVENTORY OF SERVICE ASSETS AND CART SPECIFICATIONS This item consists of � 0 pages (including this page). Initials: Date44"nitials:-FiAp—_ Dated:�� FRANCHISEE COUNTY Burrtec Waste Industries, Inc. has received approval from the Director to use 95 gallon carts for this Franchise area under the Franchise Agreement. EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item A.2 - INVENTORY OF SERVICE ASSETS Burrtec Waste Industries, Inc. has purchased and received all ten new alternative fueled vehicles (CNG powered) for the Santa Clarita franchise service area. The invoices that follow show the vehicles that were purchased for the Santa Clarita franchise area. This includes the six highlighted on the first invoice and the individual vehicles on the subsequent invoices. A detailed list of vehicles to be used for the Santa Clarita Valley, County of Los Angeles franchise area is included below. All vehicles are owned by Burrtec Waste Industries, Inc. 7 TRK# YEAR & MODEL TYPE VEHICLE I.D. # PermLMAKE 1 1381 2008 Autorar WXR64 AUTO 207612 2 1383 2008 Autocar WXR64 AUTO 207614 3 1384 2008 Autocar WXR64 AUTO 207615 4 1387 2008 Autocar WXR64 AUTO 20761 B 5 1388 2008 Autocar WXR64 AUTO 207619 6 1389 2008 Autocar WXR64 AUTO 207620 7 1390 2008 Autocar WXR64 AUTO 207621 8 1392 2008 Autocar WXR64 AUTO 207623 9 1393 2008 Autocar WXR64 AUTO 207624 10 1394 2008 Autocar WXR64 AUTO 207625 11 1400 2002 Intemational4400 FLATBED 520589 7 M 12 1 "Af. . . 1 am a ftrGA aPd. pum Lama, d 91752 pbom "&-"5-3as4 Fax 931 -N5 -27W To aw tac 111=w Iaduxbuw im Avon" rww a alas ATM 0011 firms EXHIBIT 3D INVOICE Iff"la M 12"a DAM KAREN 26, MS Por k" no wnocaa rw 751 a svcoOMaUs+su ANawr vp a RCOMAX04Wa13 vM a ftC0W WMWft4 rat a hvoc&ANNMLS ra a gvcocaLA01 Ls vs1 a tKooLugu av q1 a gWcoca0OaW S4 m a fMcoca1Mm1a vw a 7YUM1704i7as e�oisrws ANawr uw Psss iaas waaw situs ,mar ocst YS TAR ooc r� LZ—w PIE PUAtl1A/a o1me1 a ss>tsr Ti1M Ow "AT to, 7W/ I� olsoolwt D pmv"men L VF& M" 0, P1oft to hum Osis it pr haw O► OPK%" """" Q~ vwft vm^" ffl-wum "mu* "a lr Yaw MmMe" 0 -, ���. •�.9iL1 3777 De Fasd ClrcW Wra Loma, CA 91752 Phone 931-623-3456 Fax 952-68S-2739 ra •urrt@C VVmM Indu@Wg* San aw" •M.r - ramumb, CA 62M ATrm COLE BURR as" rsu m ww+ Avw-AX rmout caasc Lan TAX OOC F& ucaw rtE PM s w 2ws AUTOW WSK" s ooc #d A O4 vm • 59CDC6LMMA N21 TOTAL rWe ad autlu w m Dkww O Trutt Obw A T� rvr fHT 7�^+.. �^ tis W,0, � vuft V*.k4 951i6�rH56 ?%o„* "m TM Vow buns 9 EXHIBIT 3D INVOICE INYOICL) 207621 DATE: 6/ 1!/06 �r DIVERSIFIED TRuo( CENTER 3777 De Forest Chde Mira Lome, CA 91752 PAom 951405.3456 Fox 951 -GLS -2768 m Suntea Waste Imdcstri" too OreY Awnr F.ddam%CL sari ATM COLI Mak GSH PUZ 2001 w=M &9WA NOEOAL ez= SALES TAY OOC� ,rum FEE PM New mot Knaus WO" STOCK pops VDI • tvtn0Y.EZW2O7623 TOTAL Me" sl Cmck$ ta•pom m oKvgKa Tr A* A 11tlR �1AD.A'. 951 -US- XS6 V ym KM W7 WANW" aMCBM" tl* n.ube. T"M "U hr lrar WMWA td i[r EXHIBIT 3D INVOICE INVOICE.* 207823 D4TEt5/21/00 DIVERSIFIED TRUCK CENTER 077 DO Forest Clays Mira Loma, CA 91752 Phone 951-665-3454 Fax 951-653.27N 10 suntae whit. Indwtriea o9M Crrr AVOW" F'011I G 92M CASH Ma 200 WVLM AUIOCM "DEAL ORIS! . SkU T42 DOL F!! tLDlf RE FM NEW aM AUTDrCM WA M4 ST= PWA0S7 YIN • Svcvj l4W207i24 Ll—1 "M Fm clrckf "b"Yid,. v vyK tsl4w3Asa w ruu»«wa TA9nk Yee W "M 11 EXHIBIT 3D y,;,: o � , INVOICE INVOICE 0 207624 DATE: 5121/06 ,IvmFIED TIIuCK CENTER 3777 DO For** CIMM Min Ummo G 21757 phom 951 -Ga -349 fax 931 -U5 -27U Burrbc wage ineuwws PM awry A"No ftomm CA UPS ATM COLI OM Fm NEW "a AtRMM wap M 0 SYCKM K2W63 EXHIBIT 3D INVOICE IWOIC2 0 207625 DATE: 4/101W. pwt aR doft Oal" m Dwt Tl4k CO" U tov hm am ?mu" ontae*q de irwom cv w ycwo vav iu, 9514W)4% jlw* ru for rwr Dw amw 12 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION CART SPECIFICATIONS Burrtec proposes 35 -gallon, 65 -gallon and 95 -gallon carts for residents in the Santa Clarita service area. Rehrig Pacific will manufacture carts by injection or rotational molding with a minimum of 30% recycled content. Cart Colors. The refuse, recycling and green waste carts will be differentiated by color. The colors will be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Refuse carts will be black; recycling carts blue and green waste carts green. HuskyLite® Warranty. Rehrig Pacific offers a full warranty for 10 years. When the body of the cart breaks, the body and both the wheel and lid assemblies are replaced. The conditions of this warranty include failure of the cart body, lid, lid attachments, wheels, axle, and all hardware. Below is the total number of carts on hand that were ordered and received. Cart deliveries to individual residences are scheduled to be completed by November 1, 2008. A copy of the purchase confirmation from Rehrig is provided. 0 17,500 95 Gallon Black 0 17,500 95 Gallon Blue 0 17,500 95 Gallon Green o 800 65 Gallon Black 0 800 65 Gallon Blue 0 800 65 Gallon Green 0 800 35 Gallon Black o 800 35 Gallon Blue 0 800 35 Gallon Green 0 100 65 Gallon Brown 13 August 26,200S Richard Nmo Burrtnc Waste Iufusuiw 9890 C1=ry Avenue Fmtaox CA 92335 EXHIBIT 3D ON) ya c owavv ft RE: Los Angeles County flra ku Areas —Smut C1mCa Der Richard: This festa oco&ms that Rehdg Pacific Company will supply and deliver all reaidanual 000ftmers needed for T uaft Waste Industries within the Santa Clerita frauehise area of Los Angeles Cmaty. Of the ott&inal ads consisting sit; Maw 17,500 Black S' tan 800 Blo& 800 Black 17,500 Blue 800 Bluc 800 Bine 17,500 Oren 800 Orem 800 Oreen 100 Brown Rabdg Pacific Company has prods app10,000 of the 57,400 total carts. Rebrig Pacific Company has an Assembly dt Distribution plan in place to annum that all cath aro produced and ddivmrmd to the res! of Sams C7arita on or before November 1, 2008. The total cost of said amtviome is approramarely $3.1 million Buamc is a long-ftrA valued partner of Relaig Pacific Company and sve am looldag forward w a snocesshd cot distiNnion. Please let me hww if therm am any questions car omocrus. I can always be reached at (310) 5294774. S Y. Fellmaoa Rehrig Pacific Company a+o FaaT2r6T.. LCGMMJAC&V, MM1323,ffii146. FAX 3n,200-003 QUALITY CONTAINERS FOR INDUSTRY SINCE 1913 14 Wem 114 k &M GREEN WASTE ONLY I DESECHOS VERDES SOLAMENTE AC PT�F.ACEPTA_BLE: ACCEPTABLEIACEPTABLE Patin RmdsMoJes de Palwmm NOT ACCEPT BLENQ ACEPTABLF_' Nw(W HousgoW Wmstel dmrlasDomesdcosNdrnWl '(ANnm,MeaaMMCham. MdaOIL haTlww.PamLma.lmao4 FOR MORE MfORW MMINTMMEMMDMTAMDOU/LM1TEMT9MLiCALLIMORCLEMLA caurnmos Do" Escumbm do C*ftsru om Gro [sPPapu Pam Brand" P�wwrwes ' yy .1 ^, `� 'Y• �1f i DesTm. GMsata Beal NCTACCEPTABLEINCACEPTABLE �� L-''''"1'� .w. Paa fae TrimwW B.tats de PY saw awAAwrtl Pae Fralil Nqm i Piwas TM TrIwOMW Renu de Arb*$C.mai ro WARDOUI, LXMOR ELECTRONIC MITE Canoe, RD"Prtre Plea Or Paper Masa Bo" do Plaatm o do Ped MD IE MMM DEI[CHOS MWOI, FEU0I0001 T UoLsoos Nita Waes'Esaapdi Maul Fa Yen rAeafa Nlwlra r drlva a Asew.r lanrtlee Was MaaAa se Pn m Harrsaaa a dwalw deaeaa•o. p.Eavan P s•a 1w r 0 RECYCLABLES ONLY"' ACCE"AK.,ACE"MU RECICLABLES SOLAMENTE NOT ACCERAMWOACFnMU ►y.(" EM/tlLiqu,Oo, • ANaaYBfn rM w.rr � I • Canstatn do A1lndnlo • �a ,Igala.W,a:,. �•,larr AYar•a•d c.w.w.a RSYM1a.A.. .Dia ydawut aLw .ems aie.e aarawan P •SOB HOPATAMOLPLgAOM50MWARE •WawaWaata'DMsac6oe •PlaftBoMel DFSEMTOMMP5RA010 YLAW LIDSMAaRECOLKTAM Vesdes 6BtNlnMPlastkB Fwlkn a dwKbs t&ammkx PdFMM0 Pa IM 4u s wmkd a • daaslYldtb T�uuT cdNu d TRASH ONLYIBASURA SOLAMENTE ACCEPTABLEIACEPTABLE Patin RmdsMoJes de Palwmm THE FOLLOWING K6DM W1 wsTE MTMLJ ARE MDTACCUTABIE: Nw(W HousgoW Wmstel dmrlasDomesdcosNdrnWl '(ANnm,MeaaMMCham. MdaOIL haTlww.PamLma.lmao4 FOR MORE MfORW MMINTMMEMMDMTAMDOU/LM1TEMT9MLiCALLIMORCLEMLA A*WwdswDesechosdekiffW DEEECWOIPELTGMDs01Da[tT INMVrETWO LDCIAJFCM0 MMO,FwMe0ManmMTe NCTACCEPTABLEINCACEPTABLE 'IAntarptlee, Lipd a pa Llpm Doml^ Ai do Aaworsa, Depai a Pk6m kern. Rocks. Green Wula0mecta VINdes FAMWw nwx DE oESECMM Domtsm s PF1Aam POM FAvoR uAME A 1 INq CLEAR LA To AnR.Plaaw.a M m.a CW M*sl taxa BWie dM MW Concreh'Cmaelo Pn %"Wa pr ei B*,)Adida+b Lbw: Bele pM MMI Comauc6o. De6fiLJR ddLusdeConsnucclM Hlrr wasw Desecim P&Yosos 15 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.4 — ALL FRANCHISEE MANAGERS, AUTHORIZED REPRESENTATIVE OF FRANCHISE, KEY PERSONNEL, AND SERVICES SAFETY OFFICIAL This item consists of 4 pages (including this page). Initials: Dated' tials: —FM 1=— Dated:IOb FRANCHISEE COUNTY 16 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item AA - ALL FRANCHISEE MANAGERS Parent Company — Burrtec Waste Group, Inc Edward G. Burr, Owner (BWI/BWG) Cole Burr, Owner (BWI/BWG) Tracy Burr, Owner (BWIBWG) Sandra Burr, Owner (BWI/BWG) Directors Edward G. Burr, Owner (BWI) Cole Burr, Owner (BWI) Tracy Burr, Owner (BWI) Sandra Burr, Owner (BWI) Officers Edward G. Burr, Chairman (BWI) Cole Burr, President and Chief Executive Officer (BWI) Tracy A. Burr, Vice President (BWI) Tracy A. Sweeney, Vice President/Chief Operating Officer (BWI) Michael Arreguin, Vice President (BWI) Robert Coon, Chief Financial Officer (BWI) Authorized Representatives Richard Nino, Director, Municipal Services (BWI) David Jappert, Regional Manager (BWI) Position of Influence Steve Paulson, Division Manager, (BWI) George Salazar, Route Supervisor, (BWI) Elena Drapeau, Customer Service Manager, (BWI) BWI: Burrtec Waste Industries, Inc. BWG: Burrtec Waste Group EXHIBIT 3D Section 20J Notice Burrtec Waste Industries, Inc. shall adhere to Section 20J and will notify the County of Los Angeles upon occurrence of any convictions or a criminal activity or any pleas of "guilty," "nolo contendere," or "no contest" to a criminal activity with respect to Franchisee or any of its Franchisee Managers (except for managers in a position of influence). Franchise shall use reasonable business efforts to immediately give notice to the County upon the occurrence of any convictions or any pleas with respect to Franchisee or any of its Franchise Managers in a position of influence. AUTHORIZED REPRESENTATIVE OF FRANCHISEE Richard Niro Burrtec Waste Industries, Inc. 9890 Cherry Ave Fontana, CA 92335 (909) 429-4200 (909) 429-4290 — fax mino@burrtec.com (e-mail) SERVICES SAFETY OFFICIAL Steve Paulson is responsible for all safety related issues at the Burrtec facility servicing the Santa Clarita Valley. He has undergone safety training and is qualified in the following safety areas: facilities, solid waste collection operations, transportation, and equipment. Steve has over eighteen years experience in the solid waste industry and has served as the safety service official for the Santa Clarita operating division since April 2004. The safety responsibilities include, but are not limited to the following: • Injury and Illness Prevention Program • Code of Safe Work Practices • Abatement of Safety Hazards • Facility Safety Inspections • Monthly Safety Meetings • Safety Bonus Incentive Program • Biennial Inspection of Terminals • Driver Route Audits Mr. Paulson can be reached at the following Address: Steve Paulson Division Manager Burrtec Waste Industries, Inc. 26000 Springbrook Ave., Suite 101 Saugus, CA 91350 Phone: (866) 270-5370 Email: steve@burrtec.com in 4.rall-7MCP KEY PERSONNEL Tracy Sweeney — Vice President and Chief Operating Officer Michael Arreguin —Vice President Richard Nift — Director, Municipal Services David Jappert — Regional Manager Steve Paulson — Division Manager Elena Drapeau — Customer Service Manager George Salazar — Route Supervisor BWI: Burrtec Waste Industries, Inc. BWG: Burrtec Waste Group Organization Burrtec is the main operating subsidiary of the Burrtec Waste Group. Burrtec incorporated on July 7, 1978 as a California Corporation doing business in Southern California. Burrtec Waste Group is family owned and operated. All companies are owned and operated by the Burr Family. Ed Burr is Chairman of the Board of Directors and leads the organization as it continues to grow through the acquisition of city franchises and private disposal companies as well as project development. Burrtec is currently ranked in the top 17 of America's 100 largest private or publicly held solid waste management companies. The following is a brief organization structure. Each department interacts and supports the other departments insuring the best possible service to the customer at all times. 19 I Sumac waste croup. Inc. I I Burrteo Waste Industries. Inc. I Corporate Office Executive Staff COTe BUR President Tracy Burt Vice President Tracy Sweeney Vise ProsldenUCOC Robert Coon Chief Financial Officer Michael A oguin . Vise Prosident Richard Nino K3pr Municipal Services Accounting Department IT Depertinent Audit Department Administrative Support Hauling Operations David Japport Regional Manager I Stew Paulson Division Manager George Salarar Operations Supervisors UN Drivers Mechanics Yardmen EXHIBIT 3D Elena Drapeau I Customer Service Manager ICustomer Service Representatives EXHIBIT 3D Resumes The resumes of Burrtec's leadership team are presented below. The resources and expertise of our entire company are available to assist key management in the transition, implementation and day -today operations of the proposed services. Edward G. Burr, Chairman. After entering the industry in 1954 as an owner/operator of a single truck, Mr. Burr has developed EDCO Disposal Corporation and its sister company Burrtec Waste Industries, into one of the largest family owned and operated waste collection and recycling firms in the United States. In serving as the Chairman of the Board of all Burr family of companies, Mr. Burr oversees the integrated waste management needs of a number of Southern California communities. Cole Burr, Chief Executive Officer. Representing the second generation of Burr's involved in the company, Cole Burr began his career in solid waste industry in 1966 when he was just 11 years old. He got his start at ABCO in Gardena, where his father was a partner. Since that time, Mr. Burr has learned every aspect of the industry through hands-on experience. Before founding Burrtec with his father Edward Burr, Mr. Burr worked at SCA Services and at EDCO. He also was Transfer Operations Leader at American Waste Systems Action Transfer Center, where he specialized in solid waste collections and transfer, and in marketing recyclables. Tracy Bun-, Vice President. Tracy Burr began her career in solid waste industry in 1978. Together with her husband Cole, she has worked at all the operations in Los Angeles and San Bernardino Counties and also in Burrtec's sister company, EDCO in San Diego and Orange Counties. Throughout the years, she has worked on the development of the waste hauling infrastructure, by implementing computerized routing programs that integrate accounts receivables with the drivers' daily route sheets. In addition, Ms. Burr oversees the Quality Control/Audit Department, the Human Resources Department and manages all corporate legal affairs. Robert R. Coon, Chief Financial Officer. Mr. Coon joined Burrtec in 2007 and is responsible for the accounting, treasury and financial reporting functions of the company. He also provides business insight and support to the operating divisions on financial performance, trends and other key business areas. Mr. Coon has a Bachelor of Science degree in Mechanical Engineering from Colorado State University and a Master of Business Administration degree from Arizona State University. 21 EXHIBIT 3D Tracy Sweeney, Chief Operating Officer/Vice President. In her duties, Ms. Sweeney is responsible for all operations of Burrtec, including hauling, transfer stations, material recovery facilities and landfills. Since joining Burrtec, she has streamlined financial statements, taking them in-house. Ms. Sweeney also provides high-level support and guidance to local management teams including annual business plan development and financial trending. Ms. Sweeney was instrumental in the development of Burrtec's Disposal Reporting System that identifies, records, and tracks valuable solid waste collection and disposal information. This Disposal Reporting System allows Burrtec to provide the cities we service with accurate and up-to-date information required to meet all AB 939 and landfill - related reporting requirements. Michael Arreguin, Vice President. Mr. Arreguin is responsible for Burrtec's municipal franchise administration. He acts as the primary government liaison between the Cities we service and Burrtec, ensuring open communication. Mr. Arreguin received his Associate of Science degree in Agricultural Business and has more than 25 years experience in sales and marketing. He entered the Solid Waste industry in 1988 when he joined Burrtec as Sales Manager. He has held increasingly responsible positions at Burrtec ever since, including Sales and Operations Manager, General Manager, Corporate Contract Renewal, and Community Relations Manager. He has been Vice President, since 1997. In his career at Burrtec, Mr. Arreguin has modernized a number of systems and spearheaded Burrtec's move to become one of the first in California to offer a commingled recycling program. He has been directly involved in many aspects of the industry, including collection, recycling, maintenance, marketing, and customer service. Leticia Alvarado, Director of Human Resources. Ms. Alvarado is responsible for the overall planning and administering of policies related to all phases of human resources for approximately 1,000 employees. She oversees employee relation issues and assists management in developing policies, systems, and programs to improve the current and future work environment. Ms. Alvarado oversees the company's drug and alcohol compliance program, assists the divisions in hiring and employee retention, oversees the worker's compensation program and all health and welfare programs provided by Burrtec. Richard Nirio, Director Municipal Services. Mr. Ni6o interfaces with County and City staff to assure continual high standards of service. He works on various aspects of municipal contracts relating to procurement, amendments, compliance and rate adjustments. Mr. Nifio also monitors waste diversion and recycling for franchise areas and works in developing programs to improve the waste diversion efforts. He participates in local public education events and community meetings to promote new programs and promote recycling and waste diversion efforts. Mr. Nirio has a Bachelor's of Arts in Economics from Pomona College in Claremont. 22 EXHIBIT 3D David Jappert, Regional Manager (Hauling Operations). Mr. Jappert is responsible for the direction and oversight of all of the company's hauling division management teams comprising of nine (9) geographical locations throughout Southern California. In addition, Mr. Jappert is instrumental in developing strategic personnel development plans to help promote employees from within the organization, a mainstay philosophy of Burrtec. He also ensures that operating divisions are provided the resources to help achieve objectives in accordance with company policies and business plans. Mr. Jappert has worked in the Solid Waste Industry for 21 years. Steve Paulson, Division Manager. Mr. Paulson is responsible for the day -today operations of the Santa Clarita Yard. This encompasses fostering a work environment based on teamwork and open communication for 20+ employees. Maintain organization of the division and determine the allocation of duties for Service Routes. Ensure Customer Service department provides resolution to incoming calls while providing highest level of service. Oversee Shop Supervisors to ensure timely resolution to fleet vehicles to minimize down time and maintaining the lawful condition of company vehicles. Monitor and control administrative costs and oversee all functional areas to exceed goals. Conduct quarterly employee reviews and ensure adherence to procedures and franchise agreements are maintained. Mr. Paulson is also the Services Safety Official. Customer Service Manager will provide direction, guidance and supervision to the Customer Service Representatives while ensuring exceptional customer service levels. Initiates monthly and quarterly billing and monitors credits and debits on all accounts. The Customer Service Manager assists in implementing various programs and facilitating efforts of other employees, provides assistance to a variety of municipalities, ensures staff is properly training, and makes recommendations to improve administrative and operational efficiencies. Route Supervisor coordinate and directs the activities of drivers; ensure efficient route management and excellent customer service; handles and resolve a variety of issues including customer complaints; performs accident investigations and monitors driver safety compliance; and works on special assignments as needed. W Exhibit 3D — Franchisee Documentation Item A.5 — ROUTE MAPS AND SCHEDULES This item consists of pages (including this page). Initials: DatedAe&48f itials:-FMP—_Datedjq FRANCHISEE COUNTY 24 N cn Ventura County N W+E 5 Santa Clarita Valley Franchise Trash Collection Schedule ®auarrrgc Stf MOeILIHKb. C 5 8 J 8 2 3 r !a N CITY of Santa Clarila )t part of new se",c 4_4 Collecticn Schedule MY NU bt t 1 2 13 1 5 -upDay Tw ?, Fn 3 D A 0 C -1 m 3 D v U) D Z v y 0 m m v C r m y m x x w I T z 0 2 m m m 0 0 C C m z 0 z EXHIBIT 3D These maps and assoasleo Dale ars Count of Los Angeles °ro bBtl yplM1M9mmY0 myadw My resale of this 0m 5, is Copyrlplil ®2005, pro0i01letl. Wiinf COWtY of Los Migaea. PUBUC WORKS Street Sweeping Routes Monday - Area #1: 30.23 C.M. RD: 556 z 4rp� z F �y 5V Q lg vau � C Y C R i ILL � Q wv i Tan � S^ 7 {moi-er Y � g 4Tnc 4 r x�> � •.,�" as �,. LEGEND County of Los Mgeles q 0 City of Santa Clarita meq collo »ra.� Sweeper Routes 1,500' 26 s e EXHIBIT 3D Thea" maps and associated dab are County of Los Angeles pmdad pyrestiv� le of IhIs of Bind. Any resale arty f any ktion Is pnMbtad, COpy I ® 2005, P W S Street Sweeping Routes c+tyOiLBaM9Wes. Monday -Area #1: 9.5 C.M. RD: 556 ESOUERRA N p3 OOW �q< �'( y 1BOA HILLTOP RD KSIDE Ci lE CT phi 3'gQD CT r�tzN'� A%1Yc ry Oj, i� �K y� 2 ROLLA STARw D L} L+iks qY � � wr w Ov 01 G . 71 A� J, oA g 3 r y - r p L c 4�n_ =O z TPNH � � 9 Ni N 171Oe sz171Cr iu w+ L r� R 8; Cq RD NyUN � � wwrEs 2 ILK LEGEND '� ' + ••+� County of Los MgelesST '„' 0 City of Santa Clanta Sweeper Route �y a Scale: 1"= 1,250 *t 27f EXHIBIT 3D Thele maw and associated data be Pm�dad County of Los Angeles Anyresideeaaq"aa mane_ A,ry resale a this iRlamatlo' Is pmNtxted. Coppipht 02005, C ty0lLwAngeles. Street Sweeping, Routes Monday - Area #2: 2 C.M. RD: 556 0 `O�2 ,&yyy a� N r�W DAN VALLEY ,. ...,.wa' �5 wv'�5 „VICTORIA D QP Sp rvAwoN CIR MAR � yrow RDS a r a 0 00 to E3 `° FD ,L � �� 4 L0 a a � pONy�i="� RD x wATmerwr 27,100 >< nlo0 VIOLIN CANYON i 5 27M p �eA 'a A oL¢ 3� FANTASTIC ao rcy CANYON s q�,, 0 VALLE) p gj ^a Q q S w ' y,,w ^ CHURCH ST �� T zrzos o �* PARKERR5 ~'M 6 LISA m y 2 N APPLEWOOD w. YICM O a.. yyV ST 3 r 3 y .MST R IPt1YN Lq O i� LEGEND County of Los Angeles City of Santa Clarlta /'y wyan Sweeper Route oo° Scale.. 1" = 1, 250' 28 EXHIBIT 3D ny kind. County of Los Angeles ""�°M °�a�a s f la pr°hlpiled CgpyripM 0IM PUBLIC WORKS Street Sweeping Routes C.1: fH g Monday - Area #2: 12.93 C.M. RD: 556 EXHIBIT 3D These maps WW aaa awmna an County of Los Angeles po Wed wro me Wananry of any Wnm. My reWd W Intom2M is ® zoos, wl a aiem. ty of Lplrt CmunlyWLosMpees. Pt,S Street Sweeping Routes Tuesday - Area #1:31.84 C.M. RD: 556 { W 1 q 1 4 �a° k z.yii 4:4� - b1O1"O071N� "f y Yt k k a$ 4 G cA. Ea -c" Y o r flr r wC' b of t a ie� Q ^Y 3 d' '2Fq iii (p F'O ,p. qY WWY Gryyo F ,y� '*E . awwee.wvw no ypOKp� RO �E WV y 1 a w Mme"" �,UR6CPE81 W LEGEND [� County of Los Angeles City of Santa Clarita Sweeper Route Scale: 1" =1,500' 30 EXHIBIT 3D These maps and also I data a County of Los Angeles Drov des nymsalaranNdomatid. Any reeled Nb fanny Idnd. Coaon dy d los Angeles. �D�'cou*" ' rueuc worms Street Sweeping Routes Tuesday -Area #2:26.51 C.M. RD: 556 yit15i :L A 1 :T k 6 w c"� 1 'Y N - b,^E .t i1 �1 tTry` `.Ary:. 5/ y�� } *l c I IS WOPWIYM)N t P4 w a a" 8 �Y µ 3i LT X10 ��� � 3 �` � �i t .y^1` �m�y- w ue-'✓� �1 � � � �1 [ Q 3w G1Ny04, 0 >� n. cnww j2 1YAWGu� r- � 91pKpk1 RJy'r 5 c pR T 4� LEGEND ,q County of Los Angeles " City of Santa Clarita Sweeper Route Scale: 1"=1,750' 1 31 EXHIBIT 3D These daps and assopated data are County of Los Angeles pm Ned red l2&tma�ty lnfn Wn dry resale of Nis f armatbP Is prohibited. GOPy ght ® 2 05, PUBLIC WORKS Street Sweeping Routes caaahm`%�g�". Tuesday - Area #2: 2.46 C.M. RD: 556 EXHIBIT 3D These maps and associated data are County of Los Angeles PoNded wy reamerranty oany alnn !vry resale of mre Iht 0 20 pn Pt �eWo s Street Sweeping Routes � UCovary ��'�es. Wednesday - Area #118.36 C.M. RD: 556 Q5µ m CT GPs 1 PAGFIU CT Cr R R O PL y CYPRESS N ~ ST ^Ot1 �0. ST a Cg05TLINEc1p cT � T� PL pp ` q6v Cite a �i E TST� IR REDWOOD Cr � ON P< HDEOUr o N p Or 4- i [ CT Pu k 'g'P U ` gWE ° Ata O Y T8 CrCT a o R L DW LN CAM P WY u UNYDN ,ZI ti j NE11 TS OR HILL 5 U DR OPp� � z s +a 4 ov, cn or , e yy'OFRPY ' aTM�e \ �J }..;:. �•,'. �'1 +✓ �ry t yah % LEGEND-'����� County Los Angeles of City of Santa Clarity [< Y . Sweeper Route [si .... _ `,.Pw s yjL Seale:'033 EXHIBIT 3D rneae mape and smochn C dam f kind. County of Los Angeles °�"° oW eyr weeamyo ormado. MY of Vile a Street Sweeping Routese.. PUBLIC WORKS u promaroa. c Cxxxty & Lm a a. Wednesday -Area #15. 9 C. M. RD: 556 s(�F �OL O 'PO VW K o N oW V 2 PJ �aPO TAW �P HI((TOp g O1 m PJ 8 .7S oAKS1oE. �R� Cr PO C STARWO p Or hi4s MAVEN y ` ,n" WY t T y NY COPPER`i' r Mfr ` _�P� GP •l LEGEND 0 County of Los Mgeles C ty of Santa Clarks5. if ` Sweeper Route Scale: 1" = 1, 000' 34 EXHIBIT 3D mese maps and associated data are County of Los Angeles p0 deewNout wa a ho any My resale d iftls f ay nnd. any an Street Sweeping Routes eP"°aed�py,get®5. _ County o, Lw Mgeles. PUBLIC WORKS Wednesday -Area #1:10.00 C.M. RD: 556 txs � ' •. `x .,,:,, SUE Of,2'_ .� u wu �e it T0- :. tit Alpfw k` LA t # h �v� c 'i0 r y� 0 a[ 1C U '^�T' • ESrF ?' w� K i a' l > m 2 cR i /�yWp �Y � y Q y 1 2 *t ry 7 eP 'fwd �T ,*14 �•• 2'lrf' +K t �.. r �y� LEGEND Countyof Los Angeles"', 0 City of Santa Clanta ® Sweeper Route Scale: 1" = 1, 000 .�- `35 EXHIBIT 3D Them mega and ae omW data °`°"'e°`�°"`"°'""b°ftweU PUBLIC WORKS Street County of Los Angeles !Ny nrWa of IhM IManudon la Ptohlaitad. Capydah[03006, Sweepi nq Routes C *of Lm ArQ m. Wednesday - Area #1: 3. 4 C.M. RD: 556 Q RIVERVIEW RD 2 �Q N C 2 QUAIL tYIVFN N TR LADY iii CHEROKEE LINDA 4 N LYON LN GON at MACK o Syq�NFF J�olx cry. C< ROCK Cr w K no G W4/ o f � � ag ZZ' LOWRIDDE Va RE9N� cT �. Oki R 4 m C pLq Q Ask,m H e tj cl SCA r, � ? (LQ� gg F d' q4� tirltt� oA Fi 19t <N CT CNs TCA- CYPRESS LEGEND County of Los Angeles gi 44i� a°�a �+� ry8ST 0 City of Santa Clarita r Gp pL d Sweeper Route ,yY eta N Scale: 11"=1,000" N 36 Edo EXHIBIT 3D Then mope and aacoalate0 OaL me wlft� County of Los Angeles °m"°'° my MIS kind, My leeele d mu mimnty f mnkOon O PUBLIC WORKS Street ispoHdEBC. Copy 2005. Sweeping Routes C mtyof`mAngWe. Wednesday - Area #2:3.39 C.M. RD: 556 -7 IPR T �;�7 �'m .0 V' �2 IS OAK VALLEY G RD VICTORIA RD PINE 9, LEGEND County Los Angeles qp'�g AVION— 910 CIR of City of Santa Clarita Sweeper Route g Scale: 1- = 1, 000' 37 v� EXHIBIT 3D mase maps and asaoaated dads are provided withouale County of Los Angeles of trydannaion My resale d diia informkian is prohibited. Copyright 0 2 5, C�o°nry°Los An°a'es. PUBLIC WORKS Street Sweeping Routes Wednesday - Area #2:3.29 C.M. RD: 556 3 x a a ^" 6 91 a d LEGEND Ro County of Los Angeles 0 City of Santa Clarita ® Sweeper Route Scale: IF = 1 2250' 38 EXHIBIT 3D mase maps and awodared data m County of Los Angeles provided!"�"t"°'' ma'Oof myYJad. a of my Intonn". Airy Mn..,60' PUBLIC WORKS Street Sweeping Routes �p� �of.And". Wednesday - Area #2:0.76 C.M. RD: 556 a � NUN Ry VA(LEY LEGEND County of Los Angeles Q City of Santa Clarita ® Sweeper Route Scale: 1" = 1,250' 39 EXHIBIT 3D n w map" as w"mra eob County of Los Angeles "° °' My nymW�'`'"a'� r"sYe Of ads Mam"Om li c*POWW 0 2005, proM00ad. is Street Sweeping Routesya`�M�.. Wednesday -Area #2:1 .09 C.M. RD: 556 a LEGEND 0 County of Los Angeles City of Santa Clarity Sweeper Route 89 Scale: 1"= 1, 750' 40 EXHIBIT 3D mese maps and as ated data are County of Los Angeles provided y resalrerrentydany kind. My resale d Nis of armedon Street Sweeping Routes is'hibded. Copyrv" 02005, c—y of Los Mpeles. Wednesday - Area #2: 0.88 C.M. RD: 556 �o W tANCggIZR 114 Ro a� PP 9A a" Ro QVpb LEGEND County of Los Angeles 0 City of Santa Cladta ® Sweeper Route Scale: 1"= 1,000' 1 41 EXHIBIT 3D These maps and asaodaMd daa a County of Los Angeles pO°d�°"ny p1swanof amy aany kmd. `/�' Myrecede O*ydinbrmaao, Street Sweepi nq Routes ds prohibited.CourayofLM ®20u6. _ Counry a Las Angeles. PUBLIC WORKS Thursday - Area #1: 2 62 C.M. RD: 556 .1 „ J s• WxvGy �.� 4` wa4 /` d' J `mow C avaw 8 € a ppp b T 4 3 GAMY Y p +�, s h, 4 � W �• $k '4 !r fy v �"o � TME •' a, � ^G k... °n a 'm'L �,}�d,4c���e k F r cnmmrns ,. 4O. s b LEGEND County of Los Angeles 0 City of Santa Clarfta Sweeper Route scale:1" 22, 000' 42 EXHIBIT 3D County of Los Angeles "°"'� yhod. Mm�S; �YiiaamrmrWkFn . PUBLIC WORKS Street Sweeping Routes �9 P�II�dCOUrft 0' Las AnQOW. Thursday - Area #1: 13.5 C.M. RD: 556 EXHIBIT 3D These maps aIM amacloW Tia oxv Aarmalsa Vof"Wtisa County of Los Angeles pa oee ynomrraa" am"Obw 16 goNaCo ty of L Angola. Street Sweeping Routes ��"a`a.Aa. Thursday -Area #2: 2 .73 C.M. RD: 556 G �s w SIFEP'�� Cr r'6lf Q A R¢tC ♦♦ ...+ In 9 w ws« Yuwioi GIApER PI (3 pp7 s ¢ a co ao K a� RfWV ~ wt C 4 d W 9 a y 0 U /c8 E 1�a � QY �Y sr t '9 YY s h :. � i � 4• e psr � .w. � 4 n dpLks sr � y T 9 S SIL60EER � [ a 9 7 \ cl� h HASLEY ssm 3 IF CgNY a"sWI ewe 4 � � 4%b � p l' A • J� SI ` /]! O.IfvT6 W C a. Y E '_Cpr w•epe, n M '� D d - arw6waew � aac. LEGEND County of Los Angeles Q City of Santa Clarits Sweeper Route a Scale: 1" = 1, 500' 44 EXHIBIT 3D These mew and soo W data a d. County of Los Angeles qo tlatlwlymealeofINSkft"namt �mnty of any no My [,sale of Nb tl"n �`��� hl0 2 �``�s. PUBLIC WORKS Street Sweeping Routes Thursday- Area #2: 4.95 C.M. RD: 556 8 0 p o W A 8 I OUR RD BYFIELD RD EY 30400 00 RUpFR RAWKSET ST ^ O� 6a 2a p a m ��1 M4DLOV ST �O QED Av °�d C? £ ANVIK �•f�i-- ST ZO O 'y inn VP 'Qo .k a, 0 �Y 0 3z Q 2aft LEGEND County of Los Angeles City of Santa Clarita Sweeper Route Scale: 1" = 1, 000' 45$ EXHIBIT 3D These maps and amciated MS d pO rmA RantYd County of Los Angeles � Any y mm is any MM. nn Nk armatlon w CWNWM®=5, pmhlbRed. Routes CWnrydLmAnplm_ Pt18UC WORKS Street Sweeping Thursday- Area #2: 4.95 C.M. RD: 556 ko �F �y �A $ �K P P4 IN P4 Z_F N TAS `ap+, t qtp� m It Q9 Pa° AV r^ W N� SZ SAN j DAM W" V E S ❑C W p O 30900 TREL 5 ti1ARTINEZ CA'g �YEIOry I51 i. STsT TON 3osoo RD � sELVIRA ry iwwiAELUOR Ui ST K AT Ip__QOR NAV f41 ad F � � moo 9Y _09 3 0j iia 'r+Ert 4 YT" Q 2 J� TAYLORt vT ST WY wwe0a Wp r*N E'i tR g O ` $ AAUAMS %` MYES CT Z 4� WY ST G C JACKS LEGEND do LINCOLN 0 County of Los Angeles City of Santa Clarita O U Sweeper Route Scale: T= --110-00F] 46 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.6 — FACILITIES AND SOLID WASTE FACILITIES This item consists of 1✓ pages (including this page). Initials: Dated/-�nitials:L_ Dated: FRA CHISEE COUNTY 47 EXHIBIT 3D FACILITIES AND SOLID WASTE FACILITIES Introduction Burrtec Waste will utilize fully permitted disposal and recycling processing facilities for the Santa Clarita Valley contract. Chiquita Canyon Landfill will be the primary disposal site while Sunshine Canyon Landfill will be the -alternate disposal site for solid waste. Sunshine Canyon will be used as an alternate site in the event of early landfill closures or prolonged delays due to inclement weather. Green waste and horse manure will be processed by Agromin/California Wood and Recycling Inc. and the curbside recyclables will be processed by Sun Valley Paper Stock. E -Recycling will process the electronic and certain electronic devices collected by Burrtec. Bulky item metals and white goods collected at curbside will be delivered to Sims Metal/Valley Iron & Metals. Other non- metal bulky items will be delivered to Chiquita landfill. Burrtec currently utilizes these facilities for a variety of materials disposed and processed. Chiquita Canyon Landfill The Chiquita Canyon Landfill is conveniently located in unincorporated Los Angeles County, next to the community of Val Verde. The landfill is just north of Highway 126 and west of Interstate 5 and is one of the larger solid waste landfills in the region. The landfill is open to the public as follows: Monday, 4:30 a.m. to 5:00 p.m.; Tuesday through Friday, 3:00 am to 5:00 pm, and Saturday 4:30 am to 5:00 pm. The landfill has a daily permitted capacity of 6,000 tons. Currently, 257 acres are permitted for the actual disposal of waste. The remainder of the site is for sedimentation ponds, buffer area and future expansions. The site is owned and operated by Republic Services of California I, LLC. Burrtec maintains no financial interest in Republic or the facility. Since the facility was acquired by Republic Services in 1999, it has been upgraded with a new landfill gas management system, upgraded the leachate management system, improved internal roadways and implemented new operating procedures. Acceptable Waste Solid wastes from homes and commercial establishments are accepted at the landfill. Some examples of the waste disposed at the Chiquita Canyon facility include discarded food, broken furniture, and paper products such as napkins and tissues. Additionally, industrial wastes, including treated auto -shredding wastes, are also disposed of at the Chiquita Canyon facility. Non -acceptable Waste No liquid, radioactive or hazardous wastes are accepted at the landfill. Additionally, the landfill does not accept untreated medical waste, car batteries and tires. Contact Information: Chiquita Canyon Landfill 29201 Henry Mayo Dr., Valencia, CA 91355 !F EXHIBIT 3D Phone: (661)257-3655 Mike Dean -General Manager Sunshine Canyon Landfill Sunshine Canyon Landfill will be used as a secondary solid waste disposal site based on the routing efficiencies dictated by the service areas. This landfill is owned and operated by Browning-Ferris Industries (BFI) of California, whose parent company is Allied Waste, Inc.. Burrtec does not maintain any financial interest in this facility. Sunshine Canyon is located near the interchange of the 210 Freeway and Interstate 5. The facility will be primarily used during the collection days in of the adjacent Santa Clarita Valley service areas. Sunshine Canyon is open Monday through Friday from 6:00am to 6:00pm, and Saturday from 8:00 a.m. to 1:00 p.m. and accepts municipal solid waste, green waste, wood waste, bulky items, used tires (from residents), construction waste and demolitions waste. This facility is permitted to receive up to 12,000 tons of solid waste per day and does not accept asbestos containing materials, liquid or hazardous materials. Contact Information: Sunshine Canyon Landfill 14747 San Fernando Road, Sylmar,Ca. 91354 (818) 833-6500 (800) 926-0607 — 24 Hour Hotline General Manager- Steve Cassulo Sun Valley Paper Stock Sun Valley Paper Stock will be used to process the residential curbside recyclable materials. Sun Valley Paper Stock is an independently owned broker, packer, and exporter of recovered fiber in the San Fernando Valley handling tons of recovered fiber both domestically and overseas. Sun Valley Paper Stock is open Monday through Friday from 5:30 am to 10:30 pm and Saturdays from 6:00 am to 2:00 pm. It is located in Sun Valley where it also operates a buyback and recycling center for the general public. Burrtec maintains no financial interest in this facility as it is independently owned and operated by the Young family with Steve Young as the majority stakeholder. The Company maintains a broad base of supply and sales outlets allows it to capitalize and respond quickly to global supply shortages. In addition, this global market leverage insures consistent flow of local materials at preferred market pricing levels. The scope of services includes routine detailed waste characterizations to monitor recycling and diversion efforts within participating communities. 49 L=K4:1l:]idKT] The waste characterizations will also be used to identify quantities of recyclable commodities and corresponding residue. These allocation statistics will be applied to Santa Clarita Valley loads for purposes of recording recyclable material tonnages by type and corresponding residues. An initial waste characterization will be conducted within the first month of beginning collection services to establish a baseline. A second waste characterization will be conducted after the first series of contamination audits planned for the January through March timeframe. These waste characterizations will measure effective community participation in the curbside recycling program as well as to reinforce and focus public education on the curbside recyclables program. Contact Information: Sun Valley Paper Stock 8701 San Fernando Rd., Sun Valley, CA 91352 Contact: Mike Hall Phone: (818)767-8984 Capacity: 12,000 tons Owner: Steve Young Sun Valley Paper Stock accepts and rejects the following materials listed below: Accepted materials — Paper— Newspaper, Magazines, Computer paper, White and color paper, Envelopes, Catalogs, Telephone books, paper bags b. Cardboard boxes and chipboard — Cereal and cracker boxes, Corrugated cardboard c. Aluminum, tin, metal, an bi-metal cans — Aluminum pie plates, Aluminum foil d. Glass bottles and jars — Glass bottles (clear, green, and amber), Glass jars, Soda/juice/water bottles (glass) e. Empty plastic bottles and containers numbered #1-7, Soda/juice/water bottles (plastic), Plastic grocery bags Rejected materials: Carpet, Ceramics, Clothes, Clothes hangers, Diapers, Dishes, Drywall, Foam packaging, Glass- Pyrex, Glass- window, auto, and tinted, Green waste and dirt, Hazardous waste, Light bulbs, Mirrors, Paint cans, Paper towels, napkins, and facial tissue, Styrofoam, Tires, Toys, Trash, Universal waste, Unmarked plastics, Window glass, No recyclables containing food waste 6141 EXHIBIT 3D E -Recycling Of California E -Recycling of California will be used as the processor of E -waste and certain electronic devices (CEDs) collected from Santa Clarita Valley residents. E -Recycling of California (ERC) is a division of Paramount Resource Recycling Inc., a leader in the recycling industry since 1954. Burrtec maintains no financial interest in ERC or Paramount Resource Recycling Inc. The E -waste and CED's include television sets, computers, monitors and other electronic devices. The E -waste collected on route will be transported to a central collection point at Burrtec's Santa Clarita division. The materials will be placed in exclusive E -waste collection containers provided by E - Recycling. The E -waste recycling racks are portable and easily moved within the facility by using a standard fork lift. The racks eliminate the need for complicated shrink wrapping and palletizing measuring 4'x5'x5'. E -Recycling collects the filled containers as requested and transports the E -waste to their processing plant. E -Recycling operates Monday through Friday from 8:00 am to 3:00 pm and Saturdays from 8:00 am to 2:00 pm. The following materials are processed by E -Recycling at their Paramount facility: PC/Laptop Computers Main Frames Storage Discs Printed Circuit Boards DAT/Beta/VHS Tapes Telecommunications Equipment Mini -Systems Cellular and Desk Phones Power Supply Units Consumer Electronics Scanners Printers Computer Cards and Components Telecommunications Equipment Computer Servers Chips and Components Monitors & Terminals Televisions Fax Machines & Copiers Connectors/Cables CPU's CRT Peripherals All electronic by-products and components produced by E-Recycling's de - manufacturing process are segregated and prepared for recycling. The cathode ray tubes (CRTs), plastics, glass, and all other recyclable materials are recycled domestically. E -Recycling guarantees the safe dismantlment of all electronic E -waste in California and that no E -waste units are shipped overseas or out of state. E -Recycling generally achieves a diversion rate of over 90%. Non -acceptable Items — E -Recycling does not accept the following items: Municipal solid waste Hazardous Materials Liquids Green waste Furniture Organic waste Dirt/Rock Concrete 51 EXHIBIT 3D Paint Drywall Clothes Refrigerators Dryers/Washers Medical waste Contact Information E -Recycling 7230 Petterson Lane. Paramount, CA 90723-2022 (800)795-0993 Maureen Craine Agromin/California Wood and Recycling, Inc Agromin/California Wood and Recycling, Inc. will be used to process the green waste and horse manure collected from Santa Clarita Valley residents. Agromin/California Wood and Recycling, Inc is a privately owned company with Bill Camarillo as the principal owner. Burrtec maintains no financial interest in Agromin/California Wood and Recycling, Inc. The facility is located in Newhall and is currently used by Burrtec for green waste processing from commercial green waste generators. The facility is open Monday through Friday 7:00 am to 5:00 pm and Saturdays after a holiday from 7:00 am to 5:00 pm. The green waste and horse manure is cleaned, sorted, and put through grinders and passed over screens to consolidate material sizes. The ground material is placed in long rows that measure 8 to 10 feet wide and is continually turned and injected with air and water so that microorganisms can break down the waste and turn it into compost. The temperature of these rows is kept at an optimum 160 degrees. The material is screened one more time and tested so to ensure it is free of pathogens and to measure levels of minerals to ensure the correct balance of nitrogen and carbon. The material is then combined with natural urban wood waste and other virgin materials. The entire process, from start to finish, takes between 60 to 90 days depending on weather conditions. Agromin manufactures a variety of bulk and bagged compost material and soil amendments from a mixture of recycled yard trimmings and virgin materials helping to save valuable space in landfills, reduce greenhouse gases, and to complete the recycling loop. Acceptable Materials Tree trimmings Cut flowers Leaves Sawdust Horse Manure Grass clippings Shrubs House plants Weeds Small branches Twigs Wood chips Prunings 52 EXHIBIT 3D Non -acceptable materials Municipal solid waste Hazardous materials E -waste Liquid waste Paint Televisions Concrete Rocks Drywall Computers Medical waste Furniture Construction Materials Pet Waste Clothes Platics Glass Mirrors Contact Information 26835 W. Pico Cyn. Rd. Newhall, CA 91381 (805)650-1616 Bill Camarillo Sims MetalNalley Iron & Metals Burrtec Waste Industries, Inc. will deliver bulky item metals and white goods to Sims Metal/Valley Iron & Metals located in Sun Valley. Sims Metal is a publically traded company under the symbol SGM. Burrtec maintains no ownership or financial interest in Sims Metal. Sims Metal is open Monday through Friday from 7:00 am to 4:00 pm, and Saturdays from 7:00 am to 2:00 pm. Ferrous metals are processed using shredders, shears and balers and are then sorted into internationally recognized grades. The final goods are shipped to steel mills in the United States by rail and also to customers overseas by ocean going vessels. The Non Ferrous metals are processed and sorted into internationally recognized grades with the use of wire reclamation capabilities, balers and shears. The final goods are shipped to customers in the United States and abroad for further processing.. Acceptable materials Steel, iron, copper, aluminum, tin, brass, ferrous and non-ferrous metal, white goods including stoves, water heaters, air conditioners, washing machines, dryers, dishwashers, all metals and white goods/appliances. Non -acceptable materials Trash, batteries, propane tanks, cylinders, paint, chemicals, explosives, green waste, and hazardous waste. 53 EXHIBIT 3D Contact Information 9754 San Fernando Rd., Sun Valley,CA 91352 (818)767-5022 Manager: Steve Rios 54 EXHIBIT 3D pD�c`(I�NccV�O/ INVOICE / STATEMENT CWNIT �.1r Y '. (IECEKT.� JUL 2 82808 , vr JUL 2S M rpm - mart 55 . _. �. •1, lf�'M Ta If'iH'.iJTM. Ci C:R ! Please detach tiers rd rebm wlth your psy7fw, i n" yx AL -00 C -c ocea C.l+; 9J 1 7 CANYON Do Dewtw Ch BE W 7,'01!0$ fRQ_F 'dFF,;,,,]f 4'.;.�J Tr,TN - 'i3(,<d 9. ?0.0:""' 744108 TR,4 i•. ';CC1':41. "OE;IN.3 T> 10 ?@c3iM1.. R-g T-.,x 47 71QItlR{i Tftti f: TKTp - :'?(.E? ''±• T :0.Zt21R 18:.19 7i:11iZ�9 T,7;sH 11 7:'01; 0Lr 7iasf• TKia - -.•n71 =6 311. A 7id1, Z5 7;ASH ;KCII. 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AGCOO171$tr2{IIS Y.nY.I1•°e'nle 1.•e.4..,w •»M.eV1 T.w141tlm..:I 1....IWY.: .tli_r1.r.r1.....:..: ::...<.:, n+1�iw'ao:c,: ru-:...aV n. wntllWrc -: PLEASE PAY THIS APAOUNT \i4ae:aa r. l.. y.lYwu : H.uxiaa: •:u... ru/Y: uia 1. Mol. gWlY rp uvas %v. nre IXr'd;l .nulla rIj= •1rc lin\! r Is14ns ur slrcnn 1'ILA::f nETUFA' I7#&WWI IUH N7 W %1 -MY' -AW;= 6/. .41 µr41 It. 14 vvu nnnanr csa:garrr Sen cr. ineeLp Inlr 1a_a Tia 6[ ax%x9 ah1 319°Ii.161'bp1 flKn{Y 1..3 i1,' E0•/n a1X11111\'%.1. {.n.. u-....•wr....n...w w...: w.r..aa a. r.0 au.ra r. •.r. r.. w.ax V.v aun 56 EXHIBIT 3D 57 SRH %*AlD Pit" SITYA :.--wfeN/06 SEt71flw wmy PNK ft 1 FOC BIMt& 26000 WRING iml( RYE. SLTTC 101 ------------------------- ________-_.-.-._..--- Sp11t6 CA .--- --- --- 91330 ------- ..------ --- _.-_- IEMIEC SME C6 tATW7 1 LII MIRIAL DESCRIP710H -- NEIGHT6 ---•- 60.1- N'61R IWAL RAI S41M8 1 MOE ,D YOP PRIM U INITIAL FTA INITIAL MT IMET 1 INITIAL OEM MOEI Iwa ANT OEAD FRI FRT AN TWICE 1 4TRE GEEK EMS FAT CIDER AN ANCLE ID. I.O.L. / OWL ART lug --- TRIBI --RECv 6 100143 SHIP 8 100193 --- .Do -75676 ATOM 001v 4 -5.0000 61 . W ATM 119137 N 100293 N 100293 -2758.06 AT040B00 SEITIE 16T t00293 -2759.06 fm m1F7CIAL LOAD RELY 6 42170 SKIP 6 42170 .00 327.01 w70 ON v I 32550 T S350 W.0000 sI .00 WM79 119139 N 9620 N Bt/7 327.06 worm0 *1 ADJ -1443 4711E NST 6177 7231321 37.08 /OB CO NIXIAL LING NEV 6 42790 SK7P 6 42790W - .00 ML64 IFam 0029 v T 31350 T 3290 60.0000 ST .N IF0440 A19139 N 104N N SRI 35.69 HFT7F4000 NET AN -1769 GETTLE 16'1 8091 774%4 14.64 100 -J �COKKIAL LOAD --_---- SM 6 11016 WHIP 6 42010 .00 324.12 WMI 00N v T 37MO / = 80.0000 S7 .00 HFM51 119139 N 9610 N 8225 329.12 NF095100 NGT AN -115 311LE NET sm 9i110N 99.12 100 031OCIIL LOAD RECV 6 4124D SNIP 6 41240 .00 298.16 WP341 002v v T 32470 1 32470 60.0000 ST .00 IFP311 119139 N 6770 N 7454 M16 WPL100 IDT AN -1316 Alu NGT 7454 713141 290.11 •'OB Low tAL LIRO cm 0 13100 941P 6 43180 .00 375.00 *7354 002V v T 32150 I 32150 80.0000 ST .00 IFF351 119139 N 11030 N 9375 371.00 WF35W NGT Alai 1165 SETILE NSI 9375 &111684 475.00 57 EXHIBIT 3D Seta of uifutna Colifmma lmcr w Wmte Ci91MB IV} (Reviocd 10441 Maaaarmm Band COVERED ELECTRONIC WASTE TRANSFER RECEIPT Meme frm•ror like figuou trj el+ixrnmeea to docawraa ve,vfs aJCTrsrd [Jacs•x aarMr •CL*%.- dabrea .(aprrnxd Crdlaet. and Apyrored,GnrJm r" raixmsd PO-vaaw. meet a. v l%w6 aYC grad E6,srevu, Wap U-Vl Jmg Pd)wara Cfemar ICf4•MB imm J96. Prxuovwt lataarOW . Bata Of Traasfrr: Name Of ApprotxO Coll - C[w IDTT— Y« Of Appaarad AMsir, CEwn' m Y j 41,08 wbt Valley NW. LLC 10"M s-RccrlMLO!Cilltan;a 100336 ❑ Clrck 9erc If OperstiaL As A Deal Eugr DMaL T W Trs� St Y CA Sourced CEK'a CA Sourced Nou-CRT Cooaat6t6 CM a 1 83 TOTALS f 1 N Seams Ah"yIness Cf u4 s Soaree AapeJawst trn-CRT Cemnmotg C_ws TOTALS a $�. Much copkn of e,0 app6ca6k pecciaaa oT Go➢assia. 7.a:L riat art rrm.ad from tLa appruaN coB.etw 7ieted aho•'e for thia vasaactioa Cl Attach Mpka de,0 Dca ractloic L. that era rrca:t ed free, the ap;ro.H co0aftor ILated abo•e lar cbla traeradioa. Coiltclor most prevde a deseriptioa of aey aeir-Yy that erylaas any CENT eoOetled as rvesrded to t►r eoncewn IOL. CARFotsia Sm. Ddonmea Aad %rept �'estlratraa tft�dtrr2a ar a sx¢rrmry danrq• rr anea.Y+wa r:g bark pvrrwm hd.Tr '! flRrt >7Am r0 CEfft eraoajared to t6s.Ipprdrrl Lectrlvjm a'6icA ncdrxry po}'nar+ms or rtpwaord ars "MlyfMmtCvhfow ir„.urea Primed yramc '! rvjf{fAm airs arciL�I�F16fSFA's arrwajsered od rerwdof am lils rarwpa are arw aadowspa ,' Slpasarc of m Prirrled Name EXHIBIT 3D nw c. cwu .M. vI. v, 11.ar�o-----.. - .. -. /Ntrileft CAUFWMA wood RECYCUwo. OWL - .. l,,/ y INVOICE �f' 475 COLT STREET BUTTE 3 VENTu11A CA SO= u:'I✓` t u� Irk (60S) 660-1616 Fox (605) 6b0-9630 1 /1 31gq {Q swvsaxaM aZ of a.rOrt ® BURRTSC WASTE DIDUSIAMS. SNC. war^o oss AM ACCOUNTS PAYABLE BURRTBC WASTE p.D)US Z!k LVC 9600 CIIEB.RY AVENM OLDC C . ATIN: ACCOUNTS PAYABLE PONTASfA. CA 92373 9100 CBE2FY AVID BLDG -C FONTANA. CA 95135 OPBiSR62 NET 30 DAYS 3ONE 16 - 30 2007 sn.Lm . - W6 m mcxBT omm a IwAP ATTACM �ZI7TTr'.iT� 0 FNAYE ON CREDIT CARD: AMOUNT OF PArMENT S: Thank You CAM PAr fim rl I nm T.+f CREDIT CARD TYPE(PWmm circlf) .w wnspc+,nc mover . c.w faMtlx E7(P. OAIE: __ 59 9.42 26110 SM a ® Au 92 CUSTOMER NO.: 00-BL'R03 INVOICE DUE DATE: 71MI APPLYTOINVOICE: L2251WAN AMOUNT DUE. 24492 P%AA9f PthvT M fidsrxr A n 9��nnrr� a aa® f wiYer�i i1�IM�1r6O�rp�1.r� ~ :SAMPLE Ticket # TKDSYT i P171CNISE TICKET L II LLC W54 tInllerK Ohl B17y (818) 7070--50222 Control r.: s 7Q/ Timet 1 TKDSYT Date: 05/02!08 10: 7.10.7974 Ship Data: 04/02MVehicle I III TCDSYr Purcluse0 Frog: 81AR08 AARTEC PATE .CA Trader: Rl Nuel Mme Ito Sfnsrt Material ________._--- pyo Grm Two Not adl Pd ft 1. TmSYT Tl —_—� 7/09W i919DA 1920 D two Table 1920 0 1920 Grose :{ t Data/Thr a/02/08 09:01 METRIC Toe Yg+I Date/Tin 05/02/08 09:01 2.2717 Metrial eavY Po of (KD) Prlu/Onit Eatadod Prlu Tin 1920 220.000/Trwa tarp 497.21 Tota : 110.21 Iota' Pa Kd on Ora No. IOWI 497.21 Deputy Signstwo "hater Glyutun (411 mlghTa we retorted in Pmrdt unleos otanlm Indicated) ("I AyraenIs • might that er sa wally ntod) KEla"""TER CERTIFICATE THIS IS TO CERTIFY tat to Fol loolne disrllad remodl n On the C lifo i. a Dlvlelm of I of Food and ;ST1ve7 OT The Iii rarlbd tsren Y10 Teva fa right aa. that It contains no, N�asMlrydp.a Mahone r defied oral al thstate Ito end ndyol ry. rpt troy reca. d. I 'f list, d: eM3a�1d1aM and lliabilities. nTy,�roldinhold g reumeble o fen, result(ry frou to Much of ro wrn[y braider r pro to G ruWalele for drop to vehicle dying WENDIE TIMN 90 DAYS FROI DATE 4801E tion: 1 cnforn that I him Dash InfWrd of to Lr fth release ois of velar 4pplircas. I witty That I did Terry ubrlalls that reyirs Rootlet handling Cuetor Carry W08 EXHIBIT 3D IIII11�111111 ! EXHIBIT 3D SPRtt\PLE 5765 SMn F 9 r.Rf TEC WLif Sun VMIMI, 7, CA CA St331362 vvtbr IMIAGDM (M) 87s2M-(St5) M-3022 Dow 04/02/06 TICMETE SMP U, cmS lr/ RDStt 04/02/08 tin CIMS TWE MET 49J MEA" W CTAfT _ 34050 29160 <920 0 m CYT PGT FIT EMT TaTMf WT 2222 ............... 0.0 0.00 220DWQ .0000 Gi 0.00 453.21 FMDCM rr508..T9lµf.(PP1M1Mf): _ __ _ _ 34D00 2916.......... ..-------- 22212222..--- 29760 4920 iDTM1 wart o1[ S1iPE )E6; -. 48).21 61 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.7 — SUBCONTRACTORS (Excluding those listed in Item B.15) This item consists of 2 pages (including this page). Initials:Dated:Initials:{�P, Dated: 030 0$ FRANCHISEE COUNTY 62 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item A.7 - SUBCONTRACTORS Burrtec Waste Industries, Inc. will not use non -County approved subcontractors but will use County approved subcontractors as listed in Exhibit B-15 in performance of the franchise agreement. 63 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.1—NON-COLLECTION NOTICE including Green Waste Exclusions This item consists of 3 pages (including this page). Initials:_Dated/4 Initials:__ Dated: I0 FRANCHISEE COUNTY M EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item BA - NON -COLLECTION NOTICE Following please find Burrtec Waste Industries, Inc.'s proposed Non -Collection Notice in compliance with Section 4C of the Exclusive Franchise Agreement. 1-7 Ad*. f Y S • S e Z e 9 to EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.1 — County Approved Green Waste Exclusions The following items should not be included in the green waste container: Animal Waste Cactus Dirt Food Waste Palm Fronds Rock Concrete Bird of Paradise Stumps Branches exceeding 4" in diameter Yucca or 4" in length EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.2 — FORM OF SUBSCRIPTION ORDER This item consists of 7J pages (including this page). Initials: Dated/-��'7 q /�itials: �M (Z Dated: ID D FRANCHISEE "�COUNTY 67 EXHIBIT 3D Effective November 1, 2008 Subscription Order To Our Valued Santa Clarity Valley Customer The County of Los Angeles Board of Supervisors (County) awarded Buntac Waste Industries, Inc. (Burner), a franchise to provide trash collection services m five Santa Clanta Valley unincorporated communities commerlcig on November 1, 2008 and ending October 31, 2015. Bumec takes great pride In the work we do to keep the environment dean and protected for our future. Your participation in waste reduction practices and buying products made from recycled content are integral components of a sustainable society, and we thank you for your efforts. We will charge all our customers the rates shown on this subscription order. Please lake a moment to note the rales and services you will be offered below. The rates that are circled indicate the services for which you subscribe (on or after November 1, 2008). To request addNonal services or If you have any questions or conchs, please do not hesitate to cal Buntec's customer service department, Monday thou Friday B am to 5 pm Tog Free at 1866.270.5370. The term of your subscription order xt 7 years from November 1, 2008 to October 31, 2015, unless it is terminated eadier as described in the enclosed Customer BIII of Rights or the franchise is terminated by the County. Your subscription is subject to iho Ceuntys execution of the franchise agreement with Buntec and h cannot be automatically renewed or extended. STANDARD SERVICES I billed quarterly: $62.Wquarter ($20.881monih) Standard household family services inclui Once -a -week automated trash and recycling collection service One 95 gallon refuse cart (Black Cart) One 95 gallon green waste cart (Green Can) One 95 gallon commingled recyclables cad (Blue Cart) • One extra green waste container or one extra recyclables container, or both, free of charge upon request • Free holiday tree collection services Annual curbside clean-up events (including certain electronic devices) V On-call collection of bulky Items and cartaln electronic devices In unlimited quantities (twice per year) i On-call collection of green waste in unlimited quantities (Limit of / collections per year for Mufti Family Customers) On-call collection of two bags of excess trash per year Four special community cleanup events per year v' Alternative to 95 gallon containers. Upon request, it you have space limitations, you may receive efther 65 or 35 gallon containers Rollout service upon request, for qualilyirg elderly and disabled customers MuPo Family Customem (3 or more units, Condominiums and Town Homes) - On-call collection of bulky items and certain electronic devices with a 2 item par collection limit (four limes per year total) Home generated sharps container program for eligible residents (three containers per year) Used oil recycling collection program (scheduled with up to three collections per year) Pn_Pay Discount: Pay 11 months In advance, get the 121, madly free Bulk Billing Discount: 3% discount for HOA's 2 cut discount for HOA's that employ landsupars: Discount of $1.071mo per residence Please robe the 2 vel discount is contingent upon 3 gems: 1) Patiapabon in the bulk billing program, 2) NO gmen wale Carrels offered In Ire HOA, 3) verification of euostng green wade diversion prof Ssnla Discount: $16.95rquarter ($15.66rnlonth) 25% discount for residents who am heads of household, over 62 and: quaitly for a Why rate discount based on fnandai need OR generate a small amount of waste and use 35 -gallon carts ADORIONAL SERVICES Available Upon Request Additional Containers, Each $15.00/quNu ($11.25fquarler with senior discount) Additional (mon than twolyesr or mere than 41ysu for Muhl Famlly Customers) oncall collection of bulky herrn and certain aecuonk devices: $10.00 per collection ($7.50 with snit discount) Scooter Service, For any customer who requests this service or for dlfficuh4o-send residential premises (such u some hills or cul-drsau when collection vehicles cannot safety drive): once a week collection $15.66fquartar ($11.75 wlfh senior discount) Rolkout1backyard service: This service mems Bunter brings containers to the curb to be serviced by collection vehicle and returned to the back yard or other designated location for an additional fee of: For qualifying customers: fry For all other customers: $31,32kquarter (523.{9 with senior discount) Designated location, if any: Manure Collection: You have the option to choose my provider or you may receive service from a. This service Is available upon request for an additional fee, by cull our customer service department at 1866.27OM70. Residential Bin Rentals and Temporary Roll4N Services; Available upon request by Calling our customer service department at 1-866-2745370, 68 EXHIBIT 3D Whet We Will Collect. We will collect resicenaal refuse, green waste and ormIn{je0 rUyclablef In rat we proi Whion one wev[ of Your requestingsevlees. You cost, pace refuse, recyclable materials, and gram waste In the appropriate Cads. Materials placed outside of fags will not be picked up wins previous anam no enta have own made in desa0ad teovv. Please renenmEer that the Carty requires you to put out arts for collection ro earlier than 5:00 pro m the dal before sdedJed collection and retrieve them no labs than "D w on the day of mllatLm or 2 haus alter collector, whoever Is Inter. We VAN Not Collect ManrtlmN Waste. Saab len pruhlab dWpoeel of faerrdoaa m ntrWa and orfa% efechraYe Malar in your, trach Tisese Induce: most paints, pesaddes, petaeum derlvaoves such as momr on and sohens, isctronk devices such as cathode my tudi (as N W and Cmprta monRnrs), tM and chairman szans Other Name banned horn disposal Educe batteries, twoman aft, avnpubus, tekphaln, arweilng mac lm, mans, sive) equipment, tepe players/moordem, pnapgraphs, vkhOpcelte piayts/renorders, alcu ms, awed Card, fluorescent lights, and certain nRrWrymblNng devim. U these Rens are IdedBed h your loan, your art win be tagged and rpt collected. Certein electronic devim may be separately collected as described below. For additional Soft and ego disyp5al ogles, as Ina HAIWASTE I10T13NE at (888) a -EM -u a Wirt www dymhb.a.) IHH W/Info. When We WlNCollect. We wlt make mlledbs oncea week between the hours d 6:00 am. m 6:00 p.m. m to same day d to wed bdoed m the postcard Previoedy sent by our )Rlce (Monday through Friday) each week If you scheduled mll0.tbl day fans on or after a hot", during a holiday week, Collection suit be delayed by the day (Friday customers WAI have their collection m Saturday). The hokiays we observe are Mmuial Day, Independence Day, labor Day, TMMsgvyg, rMstmas and New Year's Day. Shnld them be a prmpent change In your scheduled wiledbn day, we wg notify You in advance. If we many you collection, pose an us and we will return to pick R M, without large, on the same day if you Call before 3:00 p.m. or on the neat mAetOn day H you d after 3:00 p.m. We Wall resolve any Wer complains wmin the same Drove period. When, We WIN Pldn alp. You must ant Your arts at the orb merest you haw Tabu[ ser,Ce. if We agreed to collect m palate driveways or comment, we will ask you to sign a wamr of damage liability and/or k,deWinanm. We must repair a replace, In your satisfaction, damaged property, and lembuln a You for cost of passional Injury, Caused by our negligence or wiful acts or pfNSSbR In addition to enforcing your, d" under the madise agreement, You nay kstibte civil Alda allowed under law. We Con firing Your Cub Out To The Plduap Polot (Rollout Sryke). At W addabnai Charge, fix resklmtial customers who certify they are not able, bodied or we early (over the age of 62) and have no able-bodied person ranking In their household, we will provide r01I-0ut sWmc6 (on -poreux colkNon) of an weepy collection sellas: refuse, recyclable materials, aro green wash collection, as well as the annual curbside dean -M evernt holiday nee pick-ups, and add clonal on-call plops Tie servke; are also evaable to any, oto anomer upan request at the large Isted on your albsWpiOn ant. Altsratrr To W nY Aubomatsd Carts (Scooter Sari if you have span mslndbrs Ayour aR storage or set -Out site, You may repast eteratives m 95 gallon ars nee at large. Fa dimbA m srvbe amort, Ara as cu! -O as or hike, where automated Collector vefYdes anent safely now, We win p)vde manual scooter service and arts that are of the same aggregate up" at the longe listed or, your subscription order. We will also provide tis service to any other caamner upon request. Weight llmlbtw of Carta Tee welg t kmt for each summated ad Is as Mows: 95 gallon Carl - 33D Its. 65 galbn art - 225 lbs, 35 gallon art - 120 Itis RaPleoment/Ramovel/R", At no additional dWge, we will driver, eurcharge, repair, or mrhove Cens wkw 2 days of your request, Including replacement or repair Of damaged or stolen alt We well remove graft from os whin 5 days of your request, or within 48 hats If the graRlt conslst of pkNe or valtem obson t es, weekends emptied. Mmad CurtYde seen -Up Evan:. We W9 condut a Oe ani Event once a year. We will colied unamled amass of bulky Ions, a mesa slid wane, up to 2 P.MW ar or NOOM tllXk lines, and otain electronic devlm Are of large. We will notify you or to annual Oaoip Event two weetr In advance with a description of the types of Items that will be colleted. Holiday True Pkkupe, At you request, we will elect your holiday trees (sudor as Christmas bei and Harhukkah ashes) Need at the orb on you regularly scheduled mAecdon day between Decanber 26' and Jaeany 14'. You mat scop tam of ornaments, garlydt, fighting, trdel, floci and stands. tinllmted on -Call Sagged aMent Wade Peckupn We Wean elect ant grecw waste set nU at to curb In bags M no additional large, on your regularly sdsdlhi pickup day, 244wr minimum advance Mare recouked. Tule Oni Pidmps of sulky, harm send Cadaln Electronic Dadue You may mgrit 2 pdops of biky Item and Certain a eohaic devYrs each Ysar at no large on your tad regularly schedule] COMM ley A You Call us a[ least 24 hours In advance. Muld4arNly cus arem (3 W more cots, CerhdrnInlum and Town Hones) WIN neoini 4 total mall bulky item co4ecdo s, warn a 2 Item bear CdkNon Imil. Epinples of achy tens hhdude dscanded furniture (suds as dais, gaas, mattresses, bre spregs, aro rugs); appliances (sarin as refrigerators, Mi washes, dyers, water healers, dshwashers, plumbing, and other similar Ram). We win accept dhe following electronic dedm: atode my tube (CRT) devices (indudrg telMslord and mnpdr monitors); 1(D devices (desktop montm, laptop mmputM and tekYaoks); ptasrsa [ekvWons Addtlanel On -Cali Pldmpe of Bulla 3tsm and Cei ElWrone Oevlori You may els) request pekaps of bulky Mrrd and electronic devices, as described above, In excess of tonce a Year (or Mr w Year for moat-ramry customers) on your red rein scheduled pckud day, at to charges listed on your sub=ntptm order, A you di us at least 24 hoe In advance. Additional Customer Opeaa Regarding Rev,dables: Oatomrs mmy donate or sell any or at of tear regdables to prions Other than nu tec WMar You Mat Pry. 9ntec ons residential servlet three-mmts in Mage. We win mag your MI on or bete the 1' day of Your billing period, for ehmmpe, on Apra 1' for Vne billing period Of Apt, May and Jus. Your all h dee no lata than the last QY of time net mmol, for sum 0e m Apel 30', if we do not receive payment by the tort day of to second month, for emnmple, May 31', ypr NO will beam, de ngAnt and an additional lo% Per ansae fee MI be added to to balance. We cosy fenNrete you service 8 you do not per your service hes by the town of the allhg cycle, for example, Fat 30'. Thee WHO be adage of SM to resatt the sena after a service Intemptlm and a $25 fee o retuned diecks Cuetanr, Termination Rights And Right To SaNHad: You nay terminate service wltout came M any time by gMg us 90 days rota. You may also temynate service kmmnedatay In ted event of careen margades or by gong us 30 days rota, 8 we hl m provide savior (such as missing pickup or MIIrg to On" spar or repute acts) or We all you Incorrectly. You also have the right m se f- aul all or sorra of your wase In addition to, a Instead Of, subsolb ig to our, sena. We evil refund ale "Charges (anduding advent, proems for seMm that you subsequently anal) whin 30 days arta we receive taw. We WIN pay you Interest can overdrges (ower than advance psy oft M ALsequmtly ca mminj selvica) 9 10% per annul holo the data of the overcharge unit the doe rehuded. When, You Can Canbct Us. You may an m regarding service or complains Toll Free a 186-220-5320 between Ban end Spm weekdays, empt holidays. You may come to ou dna Iocited at 26000 Spingbrmk Avenue Site 101, Saugus, Cil 91350, mail correspondence mar office address or via e+rall at ,areadatltalinslm]e: . if we do not satisfactorily resolve any angora -l: ya may a1 the Canty at 1-800993-511+1. We 00 Not ibb cru tlnab. If you we melted m service, we will apt disalminate against you m account a ace, tea], mor, sex, gender, national orlpin. ancestry, m[lglm, age, pnyslal or lienal disability, marital states, or PoRtol aMaladon. Rights OF PrlwecY. We will obanni and protect your rights of privacy and bade secrets. Uriess you gr, is penis., we will not reveal any Hanuman aenmMn9 You a me mmpnutlan a conhtnts a You ado wane m ant person except the County a t regked ail cow. Thank You For AIIcn ing Burnet To Serra You] M EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B3 — UNPERbIITTED WASTE SCREENING PROTOCOL This item consists of 3 pages (including this page). Initials;Dated1nitials:-FTA_ Dated. 1D FRANCHISEE COUNTY 70 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.3 - UNPERMITTED WASTE SCREENING PROTOCOL Hazardous materials inadvertently collected along with municipal solid waste are a persistent problem facing our industry Drivers are trained to avoid accidental collection of hazardous materials; and whenever possible, front or side loading vehicles are used to allow drivers to easily spot hazardous materials. If hazardous waste is found in the container; or if recyclables are contaminated with refuse, the customer is notified in writing with a tag attached to the container Burrtec Waste Industries, Inc.'s (Burrtec) drivers and Route Supervisors conduct routine waste audits and carefully inspect containers before they are serviced The driver of the collection vehicle and/or Route Supervisor will open the cart lid and look inside for visible signs of contaminated waste prior to servicing the cart. In addition, visual inspections upon tipping the cart and physical inspections in cases where the cart is overflowing with unpermitted materials will also be conducted These inspections are conducted as required by the contract. If non -permitted waste is found, written notification is attached to the container Burrtec's written notification system has been in place for many years and it is viewed as an education process for the customer and a safety measure for the both driver and the County of Los Angeles. Additionally, during the initial recyclables and green waste contamination audits, Burrtec staff will also audit the trash carts for nonpermitted waste The first audit will be done within six months of commencing the franchise Thereafter, 20% of the customers will be re -inspected on an annual basis Burrtec has successfully implemented the following system to address this problem: Continual education and identification to the customers regarding the dangers of improperly disposing of hazardous materials and locations where this material can be taken for proper management. The continual education includes quarterly newsletter information that is included with the billings. The Non -Collection Tags will be filled out and attached to customer's container indicating what hazardous materials have been identified in the container and to call the L.A. County Household Hazardous Waste Hotline for proper disposal methods. Driver training on the identification of hazardous materials that have been combined with municipal solid waste Driver training includes awareness of commonly found household hazardous waste items that are toxic, poisonous, corrosive, flammable, or combustible Such items typically include paint, pesticides, cleaning solutions, automotive fluids, weed killers, sharps, medications, fluorescent bulbs, aerosols, batteries, etc. In the event hazardous materials do appear in the waste stream, Burrtec has established the following procedures. 71 EXHIBIT 3D • Collectors receive safety training regarding hazardous waste identification, inadvertent contact and notification procedures • Once the collector identifies a suspected hazardous waste situation, the local supervisor is contacted to isolate the area or load The material will be manifested and transported for property disposal by a licensed hazardous waste hauler contracted by Burrtec. Removal of hazardous material will be in accordance with all local, stated and federal laws and regulations. The local Department of Environmental Health of Los Angeles County 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 individual(s) involved 72 Exhibit 3D — Franchisee Documentation Item B.4 — OFFICE EXHIBIT 3D This item consists of pages (including this page). Initials: Dated tials: -rI P- Dated-10De FRANCHISEE COUNTY 73 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item BA - OFFICE ADDRESS AND FRANCHISEE OFFICE HOURS Address. Burrtec Waste Industries, Inc. 26000 Springbrook Ave., Suite 101 Saugus, CA 91350 Phone* (866)270-5370 Hours. Monday — Friday, Sam — 5pm and Saturday following an observed holiday 74 EXHIBIT 3D Exhibit 3D – Franchisee Documentation Item B.5 – ACKNOWLEDGEMENT of receipt of fact sheet relating to Safely Surrendered Baby Law and receipt of fact sheet relating to form of Non-employee Injury Report This item consists of I pages (including this page). Initials:— Jg,A I atedInitials: R Dated. ADDO FRANCHISEE COUNTY Burrtec Waste Industries, Inc. (Burrtec) acknowledges that it has read and completely understands the program(s) related to the Safely Surrendered Baby Law as articulated in the bid documents and the County of Los Angeles website www.babysafela.ortz. Bun -tee Waste Industries, Inc. agrees to provide each employee involved with the contract a copy of the "No Shame. No Blame. No Names." County program documentation, in both English and Spanish, as provided in the downloadable version on the County of Los Angeles website. Burrtec Waste Industries, Inc. will encourage its contractors to voluntarily t the County's "Safely Surrendered Baby Law" poster in a prominent pos' io at the contractor's place of business. / / Burrtec acknowledges receipt of fact sheet relating to the Non -Employee Injury Report form that is available on the County's website at: 75 No shame. No blame. No- EXHIBIT 3D Newboms can be safely given up at any Los Angeles County hospital emergency room or fire station. r <` MY 4 X` d 'A In Los Angeles County: 1 -877 -BABY SAFE¢ 1-877-222-9723 ' www.babysafela.or w y A^' s. State of California Los Angeles County Board of Supervisors Gray Davis, Governor Gloria Molina, Supervisor, First District Health and Human Services Agency Yvonne Brathwaite Burke, Supervisor, Second District Grantland Johnson, Secretary Zev Yaroslaysky, Supervisor, Third District Department of Social Services Don Knabe, Supervisor, Fourth District Rita Saenz, Director Michael D. Antonovich, Supervisor, Fifth District This initiative Is also supported by First 5 LA and INFO LINE of Los,MPgeles. 76 What is the Safety Surrendered Baby Law? California's Safely Surrendered Baby Law allows parents to give up their baby confidentially. As long as the baby has not been abused or neglected, parents may give up their newborn without fear of arrest or prosecution. How does it work? A distressed parent who is unable or unwilling to care for a baby can legally, confidentially and safety give up a baby within three days of birth. The baby must be handed to an employee at a Los Angeles County emergency room or fire station. As long as the child shows no signs of abuse or neglect, no name or other information is required. In case the parent changes his or her mind at a later date and wants the baby back, workers will use bracelets to help conned them to each other One bracelet will be placed on the baby. and a matching bracelet will be given to the parent What if a parent warns the baby back? Parents who change their minds can begin the process of reclaiming their newborns within 14 days. These parents should call the Los Angeles County Department of Children and Family Services at 1-800.540-4000. Can only a parent bring in the baby? In most cases, a parent will bring in the baby. The law allows other people to bring in the baby if they have legal custody. Does the parent have to call before bringing in the baby? No. A parent can bring in a baby anytime, 24 hours a day, 7 days a week so long as the parent gives the baby to someone who works at the hospital or fire station, Does a parent have to tell anything to the people taking the baby? No. However, hospital personnel will ask the parent to fill out a questionnaire designed to gather important medical history information, which is very useful in caring for the child. Although encouraged, filling out the questionnaire is not required. What happens to the baby? The baby will be examined and given medical treatment, 9 needed. Then the baby will be placed in a pre -adoptive home. EXHIBIT 3D What happens to the parent? once the parent(s) has safety turned over the baby, they are free to go. Why is California doing this? The purpose of the Safely Surrendered Baby Law is to protect babies from being abandoned by their parents and potentially being hurt or killed. You may have heard tragic stories of babies left in dumpsters or public bathrooms The parents who committed these ads may have been under severe emotional distress. The mothers may have hidden their pregnancies, fearful of what would happen if their families found out Because they were afraid and had nowhere to tum for help, they abandoned their infants. Abandoning a baby puts the chill in extreme danger. it is also illegal. Too often, it results in the babys death. Because of the Safety Surrendered Baby taw, this tragedy doesn't ever have to happen in Caldomia again. A baby's story At 830 a.m. on Thursday, July 25, 2002, a healthy newborn baby was brought to St Bemardine Medical Center in San Bernardino under the provisions of the Califomia Safely Surrendered Baby Law. As the law states, the baby's mother did not have to identify herself. When the baby was brought to the emergency room, he was examined by a pediatrician, who determined that the baby was healthy and doing fine. He was placed with a loving family while the adoption process was started. Every baby deserves a chance for a healthy life. If someone you know is considering abandoning a newborn, let her know there are other options. 77 EXHIBIT 3D Milinpenal Sin culpa. Sin ro. L, En el Condado de Los., 1 -877 -BABY SAFE, 1-877-222-9723 www.babysefela.orgT Eitado,da California Gray D$vfs, Gobernador Agenda de Sriliad y Serrkios Humarms (aerur mI Home Sa kn Ag*.cy) Garrtland Johnson, Secretarlo Departamento de Servlclos Sociales (Depart-ar w Sedd Serrkn) Rita 5aenz, Directoa - r Consejo do Supervlsores del Condado, da Los Angeles Gloria Molina, Supervisora, Primer Distrito Yvonne Brathwaite Burke, Supervisoa, Segundo Distrito Zev Yaroslaysky, Supervisor, Tercer Distrito Don Knabe, Supervisor, Cuano Distrito Michael D. Antonovich, Supervisor, Quintp Distrito Esta Iniciativa tambien eela apollada por First 5 LA y INFO UNE de Los'Angeles. Ow Los reden naddos pued en ser'eriti os = t► *; en forma segura en la sala de emergenda de �4 Cu8lQuler hospital o en un cuartel de bombews ` " r del Condado de Los. else. , lr A j ti Ib L, En el Condado de Los., 1 -877 -BABY SAFE, 1-877-222-9723 www.babysefela.orgT Eitado,da California Gray D$vfs, Gobernador Agenda de Sriliad y Serrkios Humarms (aerur mI Home Sa kn Ag*.cy) Garrtland Johnson, Secretarlo Departamento de Servlclos Sociales (Depart-ar w Sedd Serrkn) Rita 5aenz, Directoa - r Consejo do Supervlsores del Condado, da Los Angeles Gloria Molina, Supervisora, Primer Distrito Yvonne Brathwaite Burke, Supervisoa, Segundo Distrito Zev Yaroslaysky, Supervisor, Tercer Distrito Don Knabe, Supervisor, Cuano Distrito Michael D. Antonovich, Supervisor, Quintp Distrito Esta Iniciativa tambien eela apollada por First 5 LA y INFO UNE de Los'Angeles. Ow ,&Ou6 es la Ley de Entrega de Beb6s Sin Peligro? La Ley de Entrega de Beb6s Sin Peligro de Califomia pertnke a los padres entregar a su reci6n naddo oonfidencialmente. Siempre que at beb6 no hays sufrido abuso ni neglgencia, padres pueden entregar a su reci6n nacido sin temor a ser arrestados o procesados. LC6mo hmioriaT EI padrelmadre con dificuttades que no pueda o no quiera cuidar de su recidn nacido puede entregarfo an forma legal, conridencial y segura, dentro de los ties dtas del nacimiento. El beb6 debe ser entregado a un empleado de una Sala de emergendas o de un cuartel de bomberos del Condado de Los Angeles. Siempre que el bab6 no presente signs de abuso o negligencia, no ser§ necesano suministrer nombres m infortnac16n alguna. Si el padrelmadre cambia de opinion posteriornente y desea recuperar a su belok los trabajadores utilizardn brazaletes pare poder vincularbs. El beb6 Ilevan§ un brazalete y el padre/madre recibir§ un brazalete gual. 4Qu6 pass si el padWrnadre desea recuperar a su beb6? Los padres que cambien de opinion pueden empazar el proceso de redsmar a su ration nacido dentro de los 14 dtas. Estos padres deber§n Ilamar at Departamento de Servidos para NiAos y Familias (Department of Children and Family Services) del Condado de Los Angeles, al 1.800.540-4000. LS610 los padres podrdn Iievar al reci6n nacido? En la mayoria de los casos, los padres son los que Ilevan at beb6. La ley permite que otras personas Haven at beb6 si tienen la custodia legal del menor 41os padres deben Ilamar antes de Ilevan al beb6? No. EI padrelmadre puede haver a su beb6 an cualquier momento, las 24 horas del dla, los 7 dtas de la semana, mientres que entregue a su beb6 a un empleado del hospital o de un ouartel de bomberos. LEs nacesario que el padre/madre diga algo a las personas que reciben al beb6T No. Sin embargo, el personal del hospital Is pedira que Ilene un cuestionano con la finalidad de recabar antecedentes m&dicos importantes, que resuttan de gran ublidad para los cuidados que recibira el beb6. Es recmendado Ilenar este cuestionano, pero no as obligatorio hacerio. 1,Qu6 oeumr6 con el beb6? El beb6 sera examinado y. de ser nacesario, recibir§ tratamiento m6dioo. Luego at beb6 se entregara a un hogar preadoptivo. EXHIBIT 3D LQu6 pasar6 con el pedre/madrel Una vez qua los padres hayan entragado a su beb6 an forma segura, ser§n libres de use. LPor qu6 California hace estol La finalidad de la Ley de Entrega de Beb&s Sin Peligro es protager a los beb6s del abandon por parte de sus padres y de la posibilidad de que mueren o sufran daAos. Usted probablemente haya escuchado historias tr6gicas sobre beb6s abandonados en basureros o en bahos publics. Es posible que los padres que eDrr*b non estos ados hayan estado atravesando difiattades emocionales graves. Las madres pueden hater ocuhado su embarazo, por temor a to que pasarfa sr sus families se enteraran. Abandonaron a sus reci6n nacidos porque tenlan miedo y no tenian adonde recurir pare obtener ayuda. EI abandon de un reci6n nacido to pone en una situaci6n de peligro externo. Allem§s as legal. Muy a menudo at abandon provoca la muerte del beb6. Ahore, gracias a to Ley de Ent aga de Beb6s Sin Peligro, este tragedia ya no dobe suceder nunca m§s en California. Historia de un beb6 A las 6:30 a.m. del jueves 25 de julio de 2002, se entre96 un beb6 reci6n nacido satudable en at St Bemardine Medical Center en San Bernardino, an virtud de las dispostdones de la Ley de Entrega de Beb6s Sin Peligro. Como to establece to ley, la madre del beb6 no se tuvo que identificar. Cuando el beb6 Ileg6 a la sale de emergencies, un pediatra b revis6 y determin6 que at beb6 estaba satudable y no lento problemas. EI beb6 fue ubicado con una buena familia, mientras se miciaban los tramftes do adopci6n. Cada reci6n nacido merece una oportunidad de toner una vada saludable. Si aiguien que lusted conoce esti pensando an abandonar a un reci6n nacido, inf6rmele qu6 otras opciones tiene. 79 EXHIBIT 3D COUNTY OF LOS ANGELES NON-EMPLOYEE INJURY REPORT Dept Name: Dept. M ON. or Facility IRMISCode#. Prepared for County Counsel in defense ofthe County, Special Districts and employees. INSTRUCTIONS: I All Incidents involving mjury to nonemployees, however, minor, while on County property (owned or leased) must be reported, by the Guard, Marshal's Office or Department in proximity to incident, as follows: Two copies to: CARL WARREN & CO., P.O. Box 116, Glendale, CA 91209-0116 FATALITIES OR SERIOUS INJURIES MUST BE REPORTED IMMEDIATELY BY PHONE TO CARL WARREN & CO. (818) 247.2206 INJURED NON-EMPLOYEE; I Name (L" Name) (Fim Name) (Middle Name) 2. Addess 3 Age If minor, give name of parent or guardian TIM . AND PLA 5 Place of occurrence 4. Sex Male ❑Female (Name of County Facility, Bldg., StreetNomba) (Gly R Tow) 6. Location in building (In doted: Bldg., Floor, Room No.) 7 Date of occurrence Hour AM/PM 8. Weather Clear Rain POLICE REPORT Ye, []No POLICE AGENCY REPORTING STATION DEPT* DESCRIPTION OF INCIDENT: 9 What was employee doing? 10. What happened? (Describe fully, stating whether injured person fell, was struck, etc.) Give all factors contributing to injury (Ifvecaany. covtnuc w xpuae shit) I I Condition of floor, sidewalk, steps or other physical property or equipment involved: 12 Was thele any defect or foreign substance or object involved? If so, describe' 13 If slip and fall: Person's shoes beels (TA-) NATURE OF INJURY AND PART OF BODY AFFECTED: caps CtYPe) (1yPe) 14. Be spocific! State which part of body injured, whether right or left, etc. If exact nature of injury is undetermined, give opinion: E �t TREATMENT GIVEN: 15. Was treatment given to the injured person by County Personnel? Type of Treatment. 16. Was ambulance called? _ Which company 17 Taken to hospital9 _ Which9 STATEMENTS BY INJURED AND WITNESSES: (Note: Attach additional pagesifneeded) 18. Statement of injured as to what happened 19. Witness No. 1 Nam, Address: RA.1b.) Statement: 20. Witness No. 2: Name: Address: (NUmer) Statement Date Report Prepared: Prepared by. (� Nemo) (sa.st) (Gr) (tad Nerne) (sane) (CRY) (rit'a Name) (nils) (siwao-a) 81 By whom? By whom? TM Name) Telephone: (Fh Name) Telephone: Phone Dept EXHIBIT 3D 0'") EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.6 —INSURANCE AND PERFORMANCE ASSURANCE This item consists of pages (including this page). Initials:_ , Dated/A/"d tials: -RAPL- Dated: 'JD F12 ANC EE COUNTY EN EXHIBIT 3D Bond No. K07913229 Premium: $15.722.00 RENEWABLE BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That we, Burrtec Waste Industries. Inc. (Franchisee clpe7 as principal, and Wnbehestsr Fin Insuranc* Comwnv (Sunny) as surety, am held and 9rtnly bound unto On LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS AND COUNTY OF LOS ANGELES, State of California oweinatter `County), in the sum of: One Mligon FoMeiaht Thousand Ons Hundred FIM and 00H00 Dollars ($7.1149.160.00 1 lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, Jointly and severally 6mdy by these presents. The condition of the above obligation is such that; whereas said principal has been awarded and Is about to anter into a written contract with 4e County for the ExDkmtw Franchise Agreement for the Area(s) of Santa ClarNa VaOw and is required by said County to give this bond in connection with the execution of said contract NOW, THEREFORE, If said principal shall well and truly do and perform all of the covenants and obligations of said contract on its part to be done and performed at the times and in the manner specified therein, Nen this obligation shall be null and void, otherwise it shall be and remain in full force and effect. The bond is for the term beginning Nowmbar 1. 2908 and ending November 1. 2009, which tern may be renewed for additional years. It is agreed that any alteration In the work to be done which may be made pursuant to the terms of said contract, shalt not In XW way relem either the principal or surety hereunder, nor shall any extensions of the time granted u e pfavisions of said contract release either De principal or surety WITNESS N Llu:.• i... r Ir.Fire tmurance.CompanyL By C< '�& ,--M7 By Its Us AtIorney-in-Fact By By P' 1Mpub1CONTRACTUeaneCe%FRANCWSE AGREEMENTS=17Vranrhisee DocumentxtionlECO1PERFORMANCE BOND Franchise (7).doc �3 EXHIBIT 3D CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Oraiwg On August 20,20N before me, Deborah PrI 4 AcGlnn, Notary Public personally appeared Jaime Hralde OPTIONAL rhough tin irdormeb'on below a not required bylaw, H may pow valuable to We s M"V on the document and could pewnt haudulent remove) and reaHeclvrhent of Vus form to another dooument Description of Attached Document Title or Type of Document Number of Pages: Signers) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name:,^ens who proved to me on the basis of satisfactory evidence to [I individual be the person(s) whose names) Were subscribed to the ❑ Corporate Officer - Title(s): within instrument and admowledged to me that ❑Partner - ❑ Limited ❑ General helshelthey executed the same in his/herh heir authorized capacity(ies), and that by his/her/their signatures) on the Csaar tat instrument the person(s), t the i upon t>of l . ecuted the the hsinment. which the person(s) actedex :Lt�t I car* under PENALTY OF PERJURY under the laws ❑ Guardian or Conservator of the Site of California that the foregoing paragraph is 64M we and correct y KmW and official go. WITNESS Int/ y /tUvy/"` Swunure „ wra Not" seat Abase sgn k" of Nobly Panic OPTIONAL rhough tin irdormeb'on below a not required bylaw, H may pow valuable to We s M"V on the document and could pewnt haudulent remove) and reaHeclvrhent of Vus form to another dooument Description of Attached Document Title or Type of Document Number of Pages: Signers) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name:,^ens Name: [I individual Lj hndividual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fad ❑ Marney -m -Fact ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Dow ❑ Other Signer is Representing: I I Signer is Representing M M TM M= OPIM DOCWMT UCMVMUM SWWW PIFATUM M TNNrWLLPROINC AQANWCOPVOM"DAL,'ERATWSL 0 LM EXHIBIT 3D CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On September 1, 2008before me, Michele V Zamora, Notary Public om wn wrc rd ntle a to oftV personally appeared cola Burr a seiGMFIE CamssYonl tpy5lli Ibtary t\tW� CCau�Y 9, 201 who proved to me on the basis of tisfectory evidence to be the person(s) whose name(sare subscribed to the thin instrument and acknowJ@�gad to me that ( 'shathey erteaned the ptne V(bWArarAheir aulhorhed capacity(ies), and that by Vrlthelr signature(s) on the instrument the peraw(s), or the entity upon behalf of which the person(s) acted, eoscuted the Instrument I certify under PENALTY OF PERJURY under the taws of the State of Califomia that the foregoing paragraph Is true and correct. WITNEmy hand and officialseal. Signature r Pe„ Pro. umrr s.r'naw OPTIONAL ThmO ft inflonnation below is not on Via doaffriard and could prown! haudufenttrrgn ovrad ar l and t may v�valuable 10 P01=10 � ment of V70sbrtn to document Description of Attached Document Tide or Type of Document Renewable Bond for Faithful Performance K07913229 Document Date: August 29, 2008 Number of Pages: Signer(s) Other Than Named Above: capacity(les) Claimed by Signer(s) Signets Name: ❑ hx9mual ❑ Corporate Officer—Tide(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: Signer's Name: ❑ individual ❑ Corporate Officer — T1tle(s): — ❑ Partner — ❑ Umited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other* signer Is Representing: Top dbu bhm OeIOrN�v�NOM)'Arptldpn•V450Mlal0M.P.D.BsaaII•t]�rbARG 9U1)1�02•�1ldurfreb]WC �P �Sf r✓vdrCilNr�wlie�aJ:aeZr im EXHIBIT 3D ACORn_ CERTIFICATE OF LIABILITY INSURANCE pp�� DAA �"� %W -X2 10 24 08 PRDDDDOI AlliAnt Insurance Services, Inc (Lic-0x36861) P O Box 3280 San Bernardino CA 92413-3280 Phoned 909-886-9861 Fax!909-886-2013 T1i3 CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION HOOLDTHE ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AFFORDED THE COVERAGE FORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAILS NSUPED mrHuntaC 1T to I strie , Inc votesSuet on Insured 9890 Char_ Amos Fontana G 92335 &lamEn A: AwsM retm�l ieasm Ce "MMR 9. s Pam 0, (INSURER E- wYcnww ATE POMEs of MSUM LISTED BELOW HAVE BM ISSUED TOTE M9LFED NAAED ABOVE FOR TE POLICY PEHOD PADATEn NOTVATISfANDPG ANY REDUIPEAEHT, THIN OR COMMON OF ANY CCYRRACT OR QTTEA DD UMW WRH RFSPSCT TO WFPCH THm CEiTTETCATE NAYS ISSUED OR NAYPEPTAIN THE RaURANCE AFFOFWM BY THEPOIICES CEqCFmED HSON a SUMEOT TD ALL THETHMQ EX=0CNSAID COMMON$ OF SUCH POLI E& AGGREGATE LISTS 5H0" MAY HAVE BREN REDUCED BY PAD CLAMS. NII IM TYPE OF INSURANCE POUCY NUUM G Public storks LMIe 90o S. Fremont A" Annex 3rd F OmmML UMLfR AT EACH O urfE ISE i PAENL9E5 Eaomnwlm i COw"FOAL GGERLL IIABUfY NEDFXP (AIB aro Pw= t CLAMS MADE O OCCUR PERSONAL& ADV INURY i 08419W AGGREGATE s GEM AOGIEOATE LUT APPLES PFJf: PRODUCTS -CONPgP AGO t Poucr JpECT IDD AUTONOBILA LOSS." AW MJM E LT s ��OSINLU BODLYYEUWY i ALL OWED AUTOS SCHEDULED AUTOS S HEED AUTOS NONoWNED AUTOS FrPROPEM D'AlAw i eARAOE UABLUTI• AUTO ONLY EA ACCNBTT i OTHER THAN EAACC i AUTO OILYADD i ANY AUTO DD®AARIELA LABILM EACH OcDJFMNCE s2,000 000 AOGREGATE s2,000 000 A LA 000Un 7CwSNAm 71G3000010-081 03/02/08 03/01/09 S & DEDUCTIBLE i RETEhMON s WOa(ERS CmppmATION AND TORY II E31 E -LEACH ACCCENf IS E1ROYOW LABLLRY MRRmPRCWEEEDTXECUTN FL pSE-FA l-Po.6LAAR i E &gbo N ODER DESCRIPRON OF w MTgNSI LOCATowS I VMOCLMf DZLU90M ADDIM BY OmOR9OEin/SPECMI PRJNaOtffi Re! The exclusive franchise agreement for the area of Santa Clarita Valley. Couaty of LA, its Special Districts, its officers, and its employees for all activities arising from this Agreement *30 day N O C except 10 day for non-payment of premiUM. RRC -LTR Nall i Voids prior certificate issued 10/13/08 CODi.022 S"Dmn��TNEA VEDEBCROEDPCLOMBECA4CMM BEFORETNEDD'IM Elizabeth Norris DATCTHEREDP.TK mum BlAIgERSRLjgooffTo km 30* DAY&WRITTEII County of Los Angeles; Dept of - NOTsx TO TScEtTrMTE HOLDOI NAMtmTOTIELEFT, Public storks 90o S. Fremont A" Annex 3rd F Alhambra CA 91803 AT ACORD 23 MWI/M M EXHIBIT 3D L lnapreG l: -- Mansa MRP, LLC Disposal, Inc Group LP Girls LLC Group, Inc Properties, G.Y. Burrline LLC Burrtoc =nvironmantal, LLC Surrtec Recovery i Transfer, LLC Surrtec Waste Group, Inc. Burrtec Waste Industries, Inc. (formerly PSP Waste Services, Inc ) Burrtec Waste Industries, Inc. DSA: Aqua Mara Recycling 4 Transfer Cc Burrtec Waste Industries, Inc. DBA: Burrtec Recycling i Transfer Cc Burrtac Waste Industries, Inc. DHA: Surrtec Recycling Center Burrtec Waste Industries, Inc. DSA: Inland Empire Recycling Burrtsc Waste G Recycling Services, LLC Burrtsc Waste Services, L.LC Coachella Valley Transfer Station Named Insured Cont - Crestline Disposal Curran Rubbish Disposal, Inc. Desert Disposal Desert Properties LLC B Cole Burr, individually and as Trustee of the Burr Tamily Trust EDCO Disposal Corp (bot only as respects to vehicles registered in their name) Edward G. Burr, Sandra L. Burr, Cole Burr and Tracy A. Burr, Individually and Burr Properties: 9910, 9934, 9930, 9964, 9820, 9890, 9982 Cherry Ave, Fontana, CA and 17000 Abbey Lane, corner of Abbey Lana and Bimini (5 acres), and 16997 Abbey Lane, Victorville California Edom Sill Transfer Station Espire Disposal, LLC Fontana Rubbish Collectors, Inc Jack's Disposal Service, Inc Kaiser Recycling Corporation Lake Arrowhead Disposal Lucerne Valley Disposal, Inc Named Inured Cont. - Nark's Disposal - a division of Burrtec: Waste Industries, Inc. Monarch Construction Services, Inc. (but only as respects vehicles registered in their naso) Monarch Concrete Washout, Inc (but only es respects vehicles registered in their name) Monte Vista Disposal, Inc. Mountain Disposal Norcal/San Bernardino (but only as respects to vehicles registered in this Rancho Disposal Service, Inc. Running Springs Disposal System Disposal (but only es respects to vehicles registered in this name) TIN 403 INV (but only as respects to vehicles registered in this hams) TECNZC Maintenance Enterprise, Inc Tracy A. Burr, individually and as Trustee of the Burr ramily Trust Tri -County Disposal, Inc EXHIBIT 3D SORRT-2 PAGE 3 NOTEPAD: HSI 'SkAME 8vrrte¢ .Waste industries, Inc.P # OM 10114/09 Paned Insured Cont. _ Tri -County Disposal, Inc DHL: Gary's Disposal (but only as respects to vehicles registered in this nave) Universal Waste System (but only as respects to vehicles registered in this name) Victor Valley WRY Victorville Disposal, Inc. West Valley IRP, LI.0 West Valley Recycling and Transfer, Inc Yucaipa Disposal, Inc Yukon Disposal IN P" Ull EXHIBIT 3D Policy No: 1260408 Policy Effective Date: 03/01/08 EXHIBIT 3D COMMERCIAL AUTO CA 99 A 03 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS This endorsement modifies insurance provided under the follow": BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With reaped to coverage provided by this endorsement, the pov'stons at the Coverage Form appy unless modl- Bad by the edorsenehL A. LlaWaty Coverage is changed as follows: 1. Paragraph a. of the Potudon Exclusion ap- plies any to aabtlity assumed under a coMrad or agreement 2 With respect to the coverage afforded by Para- graph A.I. above, OrConsentdoe Exclusion Caro, Cw- B. Changan 1n Dednitom For the purposes of this endorsement, Paragraph D. of t a Dennuona Section is replaced by the following: D. 'Covered pollution cost or expense" means any cost o expense arising out of: f. Any request demand, order or statutory or regulatory roqutament twt any "mored or others tat lermonitor, dean up, remove. Contain, teat, dgwxay or hautall2e, or In any wary respond to, or assess the effects of "pOtut".; err 2 Any claim or "sur by or on baW of a gow erne tial aWrorky for damages because of testkg for. moritoring, eeanine up, narrow mg, containing, treating., de/wdykhgor now refm trg, a in anyway responding to or sessing the effects of'poRtsirW CA 9910 03 06 •Cweed Pollution cost or expense' does not Include arty cost or expense ar" out of the actual. alleged or threatened discharge. disper- sal, seepage, migration, release or escape of ".. a. Before the 'pollutants' or any property in which the •po0utsnts' are contained are mond fan the place wthers they aro accepted by the 'insured" for movement into or of int covered "aub`. or b. Miser the Wutarhts• or any properly in which the "po&ttwts' aro contained aro moved from the Covered 'sub' to the place where they are finally delivered, disposed of or abandoned by the "ir, SWOT Paragraphs a, and Is. above do not appy to 'accidents" that oxer away from promises owned by or rented to an "Insured' with ra- sped to "poaunMs' not In or upon a cow ared "atd tt (1) The *pol� or any piDperty in which this 'gdkta iW are contained ars upsell overturned or damaged as a result of the maintenance or use of a covered "aux-- and (2) The discharge. dispersal, seepage. migration, rebase or escape of the "pcd tants• to caused directly by such upsel, overbnm or damage. 01SO Properties, Inc., 2003 91 Page 1 of 1 O FXHIRIT 31) ACORD_ CERTIFICATE OF LIABILITY INSURANCE DATe1YYH B�URroRT 2 10 13 08 PRODUCER Alliant Insurance Services , Inc (Llc-OC36861) P O Boz 3280 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO FUGHT8 UPON THE CERTIFICATE HOLDER THIS CERTWICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL s San Bernardino CA 92413-3280 Phone: 909-886-9861 Fax: 909-886-2013 INSURED INSURER 4: •yinatoa Ivs[aeaA C� NSKR611 Wow Hampshire Insurance Co Burr tec Waste Industries, Inc Sae lldda'1 Named Insured InNttees section �eyAlnue ln NSURERC Nw Hampshire Insurance CO : SF6UHDBontaiG E CV1IT'J(ALft3 THE POLICES OF NSIF CE LKfTED BELOW NAVE SEEN LSSUM TO THE INSURED NAMED ABOVE FOR THE PDL.HCY KRIM Pd:'J.TED. NDTNYTHSTANDING ANY REOUFfl,ENT, TERN OR CONDMON OF AM CONTRACT OR OTHER DOCULENT WRH RESPECT To WHICH TSS CFRTFICATE wY BE MWED OR MAY PERTAIN, THE NSIRANCE AFFORDED SY THE POLICES DESCRIBED HEREIN E SKBECT TO ALL THE TERMS. EXCW SONS AND CONDITIONS OF SUCH POLICES. AGGREGATE LBYTS SOWN WY HAVE BEEN REDUCED SY PAID ClAAAS LTR A TYPE OF INSURANCEPOLICY GEHEAAL LIMUTY X X oww—RCLAI GENERAL LU.BLRY CUBE MADE ®OCCUR NUMBER 1260408 W 03/01/08 03/01/09 UwTs EACH OCCURRENCE (1,000 000 PREMISES Ea ammo 16300,000 MEDEXP("w Pa ) ISExcluded PERSONAL A ADV INJURY 1$1,000,000 GBERAI AGGYEOATE s2,000,000 REPXKS FATr I>PDOUCTs COANDP AGG f 2 000 000 GEN -L AGGREGATE UM T APPLES PER, POLICY X LOC B AUTOiDSSS X L L%1KUrY ANY AUTO ALL OWNED AUTOSE SCHEDULED AUTOS HUED Autos NOOWNED AUTOS N CA5456148 03/01/08 03/01/09 COIeI ED SNGIE LINT s3,000,000 (6 400dVU (L�Di1,MY s GODLY INJURY f (Pa Kddwt) (� DAMAGE i GARAGE UABLny ANY AUTO AUTO ONLY - EA ACCIDENT s EA ACO f AUTO ONLY AGO s EXL-ESSIIaNS1 LLA&VTV OCCUR ❑ CLAWSNAOE DEfAJCOBLE AFTgJ1ION f EACH OWIRRHLU S AGGREGATE f f i i C WORKERS COMPENSATION AMDX ElKOYERT LULL Y � E e.a NC1894400 03/01/08 03/01/09 T 9 EL EACH ACCDEITT sl 000 000 EL DMEA.SE - EA EK sl F 000 r 000 E.LDISEASE POLICYLnm f 1 o0D DDD OTHER DEWRr TION OF OPDIATOILS I LDCATIOW I VEMKC-U I E%CLUMONS ADDED BT EIDOFt$E LTY SPECIAL PROWS OMt Re: The exclusive franchise agreement For the area of Santa Clarita Valley. County Of LA, its Special Districts, its Officers, and its employees as additional Insured/Primary Wording for all activities arising this Agreement as respects General Liability Per end't LX9466 10/03; Auto Liability Coverags Ded 8250,000 per accident, •aSXX ATTACHED NOTES** CERTIFICATE HIULUCN "---------- SDIILD ANY OF THE ADM DESCRaED POUCEE BE CANCELLED BEFORE THE EXPIRATION COULD_O Elizabeth Morris DATE TIEREOf.THE ESUIHHG INSUIIER IMLL LANAI 30! anTmiiEN County of Los Angeles; Dept NOTICE TO THE CDITIFICATE HOUM NAKED TO THE LEFT.�BPSSEBEeIY► of Public Works 900 S. Fremont Ave Amex 3rd M Alhambra CA 91803 REPXKS FATr n arnon F`nRPnRAT10N 1931 ACORD 25 (20GU06) L h. rl Imi O u o—GU 44 °+Rtpw F q N 11�CC DtpyUU 0 1 13. Ok 00449 `anonU U U O U N g q q 4 q• O MMMHMa(�a 4 o w w e a tl C g 0 0 r •-.1 -W a 81 ��� O 7 y 4111P, a{H�Sq� U on �HHHHHAV p yHy -041 H a �i i i i a i i i' 0 a 00000 w kkkkkkkk•• z ��14 �����mm�����bH y� �v N N U • M{� M • Ra • b a+ I I -g4 H 02 to Y i� � a • .H-1 U � a E 4 ) nH Ua 0 4w WMA .,0j 3 011 Y r77 •.O as 0 H3 m%4 H n F U .moi 11 not Q a H ppHH a+ai° _ ap.ytlra fa �•s,�y+t,{g•� z oamW IN rl i0rM N60uM �7 r�1F • Y H • •UGI $4 'h H D .SI O � q ~ • U • a O 61 N W no N Y +UI • -M M 0 >0 u It A o 3 �u V ((20 F M A 1� i� N om• • U p N w 0 q ..M{{ •r a qq• 14 � 0 ^ H B M C aid MH O • O 33&off& 1pp{�� p • i pgeV�uQ�+•1 HI tyl v) Q�}pp�tlsim pQ��tly9�y���U3�G} lG S.MR+�RR YO. �IL�FHH H F > Cl) m NOTEPAD: „m„,ws� Barrtso Waste Industries, Inc. �'� Z DATE 10/13/ 8 Named Insured Cont. - Universal Waste System this name) Victor Valley MF victorvill• Disposal, West Valley MRF, LLC West Valley Recycling Yucaipa Disposal, Inc Yukon Disposal Burr Girls LLC (but only as respects to vehicles registered in Inc. and Transfer, Inc M1 NOTEPAD: � �.a° Waste Inm,atri.., Inc. OP 2 DATE to/A133/09 Aggregate Dad $2,000,000; Pollution Liab Applies per CA99480306 for all activities arising from this Agreement; General Liab SIR $100,000 each occurrence; Workers' Compensation Bodily Injury by Accident: $250,000 Dad each occurrence, Bodil injury By Disease $250,000 Ded each claim, All Covered Bodily Injury 3,000,000 Dad policy aggregate. *30 day N O C except 10 day for non-payment of premum. ES-LTR Null t Voids prior certificate issued 10/13/08. 95 EXHIBIT 3D t4/liant DRIVER COMMERCIAL GROUP October 13, 2008 Re: Insured: Burrtec Waste Industries, Inc. Policy Number. 1260408 Policy Period 03/01/08 to 03/01/09 Certificate Holder. County of Los Angeles Dept. of Public Works 900 S. Fremont Ave, Annex 3rd FL Alhambra, CA 91803 Certificate Date: 10/13/08 To Whom it may Concem: Certificate Holders for certain jobs performed by the above captioned Insured require the cancellation wording for their certificate of insurance be amended to exclude the "endeavor to.....but failure to ...... wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation and Alliant Insurance Services, Inc. is notified, we will advise Certificate Holder of said change and will not be the responsibility of the Insurance Company. Sincerely, at Al� I/ 1� / I I a / 0 9 Authoriz ignature Datel KG Allianc Insurance Servicer, Inc • 2131 Elks Drive • Suire 200 • San Bernardino. CA 92404-5572 vwwE (949) 886-9861 • Kl walliandn=rince om • License No. OC36861 96 EXHIBIT 3D A4/liant DRIVER COMMERCIAL GROUP October 13, 2008 Re: insured: Burrtec Waste Industries, Inc. Policy Number. CA5456148 Policy Period: 03/01/08 to 03/01/09 Certificate Holder. County of Los Angeles Dept of Public Works 900 S. Fremont Ave, Annex 3rd FL Alhambra, CA 91803 Certificate Date: 10/13/08 To Whom it may Concern: Certiflcate Holders for certain jobs performed by the above captioned Insured require the cancellation wording for their certificate of insurance be amended to exclude the .endeavor to.....but failure to.... 'wording contained in the cancellation clause. It is agreed and understood that, in the event of Cancellation and Alliant Insurance Services, Inc. is notified, we will advise Certificate Holder of said change and will not be the responsibility of the Insurance Company. Sincerely, `• I Z. - gnature Date KG Allianr Insurance Services, Inc. • 2131 Elks Drive • Suite 200 • San Bernardino, CA 92404-5572 musir (909) 886.9861 • www.allianrinsu+arsce.mm • License No. OC36861 97 EXHIBIT 3D A4/liant DRIVER COMMERCIAL GROUP October 13, 2008 Re: Insured: Burrtec Waste Industries, Inc. Policy Number. WC1894400 Policy Period: 03/01/08 to 03/01/09 Certificate Holder. County of Los Angeles Dept of Public Works 900 S. Fremont Ave, Annex 3rd FL Alhambra, CA 91803 Certificate Date: 10/13/08 To Whom it may Concern: Certificate Holders for certain jobs performed by the above captioned Insured require the cancellation wording for their certificate of insurance be amended to exclude the 'endeavor to.....but failure to.... 'wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation and Alliant Insurance Services, Inc. is notified, we will advise Certificate Holder of said change and will not be the responsibility of the insurance Company. Sincerely, Authorized "nature Date KG Alliant Insurance Services, Inc 2131 Elks Drive • Suite 200 • San Bernardino, CA 92404-5572 muw.. (909) 886-9861 •www ilGantinsurance.com • Lccnse No. OC36861 98 EXHIBIT 3D ENDORSEMENT TAM endonemenL affacgvs 1201 AM 03101/2009 Forms • pan of pogcy ne.: 1760408 Mauad ic: BLWRTEC WASTE INDUSTRIES, INC g y: LEXI NSTON INSURANCE CORPMfy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Secgon R Wbo Is An Insured is ar andsd b "duds arty WSW of orpanbasnn you an w 7edred a rstede a an add ilonal hsvad On tis poky by a wmn coram" or wnthen aw""w" in effect damp "a policy period and emecub d prior to tw 'Oecrrwoe' of to 'body woa y' Of 'PmW M' lona".' B. The irnranca PrvvkW ra tw &bow dowrtmd ed *nW +sued under this andons"rx b k uwd as fusow .. 1. COVERAGE A BODILY WMRY AND PROPERTY DAMAGE ISarton I Cawragew oMy. 2 The Person Of a0amirdon y Only an ad• dworwl mured Wlh aspen w fwwty a^ae+g Put d 'you rat' n 'you Wo- duce for Mt additpnaf insured. 1 h tw event that " Lynib of insurance Provided W sea POEO1r *m"d to Lias of hatrenoa nQuesd by tw .efben contact or wfdn agm* wnL tee invanca pro. vfdad by tax ontlonamers stunt W infest w tw La'" of Innaanca required by tw wfare contact or unman apreemwit This ardomernwt shag riot Increase, tw LunfN Of ttswarse atawd m to DecWsims under them 3. LinW of hsasnPe parties" Is Ow covare0e provided hwreim A- The insurance Molded b guide an addiIlOnal issued does not appy b •bpm, 4'Y' a *PROP" damage' arlshg out Of an arc ieact's. enPww's or surveyor's nndwmg of or boa b ruder any pro- Nstidul services hotdhq: I The dnPwft approvin0 or fateq to prepare OF N)Prow nips, shop dna hpa, Opinions, "Pons, SLOV", field Orden. d wW Orden. a drewnOs and spaOdiculima; and g SuPerv", ispectmd arWracatal or wepewwey actwage, s This Ymuenca does not appy m 'boc* �*ffy- " -MOP" d+nwW' arising Out of Your vurk' or 'yore produet' mduded n des 'PrOduOy-Oorteplated Oparerars ho=ard' ura.Y you an reused m Pro -ids such OO Fbp by "resin cOrwact a wAlmn aPeemem and gran 0* tar tee Period of ems required by to vdimn rn ract m widen apaenwM and In no evwrt beyond dw egeeaton date of the pOyey. ere..M. ryyfthu.. aw..1 m. k w . L)Daea 1 toQhe +iA in Mr.h...r_ MAP,, ...r.d. Ira 1w2 M AW wwrsw frovidsd by ttrk ericbtw n m b an adddmal "Md fled be aiwss ow airy other v"d and colacsble inaunanrCa available b M &**SNW Y+nrrd wMlw Pninwy, access, wndngent non NW olwr breis unim • wmn rwnbact or mnthn a7namsnt "c7Caiy m*w" iwt two inRr appty M a pn wy w w cunrrbubry basis. C. Subpwowoph ()Ilia) of N Pdudon awASim Pawagaph 2L, Eackl of COVERAGE A. BODILY ftAjRY AND PROPERTY DAMAGE ltAB&rTY (Secion I Cowrapas) don not aAW b You Y M 'bodbv nFW' ar *wopwty danvw- arias out of 'your work' w 'Ypa Produar Poriornad m Previus which an owed or reread by dw ad&domd nauad aw dw irnr 'Yw won' a 'your Product' Is par. formed. 43:Ir-1ks17 D. in wwrdanca %wh dw bans and condidona a rw PoeCY and as Harr *gAwwd n M poicy. u noon as praCicatie, •ach addm W mored Haat prr^a ua Prompt notice of any 'ccparrnca' WSKh nay (asutl n a cbkM br~d a1 *W popm b us. COOMMU n ew dalarw of awry actions, and olrerwiw comply whh 4A of dw PoiCV'a Wm and ewdiicns. AuOwrtcW Rspas"codve OR Countarsilnanra an aaaa wAra applicable) rMaNaa u1Y��r4aa tMarraaaaa N raw laaara�a 9an4oaa ow . tnc. L X9446 n umx W Na pamiarfaa. Y eieYr rawnas. tar 2.8 = iteIf EXHIBIT 3D Policy No: 1260408 Policy Effective Date: 03/01/08 COMMERCIAL AUTO CA ed W 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS ThrS endorsement modifies osuronce provided ower the foliostng: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With reaped to covera{p provided by this erworsemei, de provisions of de Coverage Form apply unless mo& fled by the endorsement A. WbiYy Coverage Is changed as follows: 'Covered pollution cost or expense' does not 1. Paragraph a don Pollutlon Exclusiona(r include any cwt or expense arising out d the �• adage, discharges of Cation, e pool one to lability asstxned under a dahfrad i l ape seri, seepage, migration, rebase a escape d a Des.. 2. Wah respect to the coverage aRordod by Para- a. the wC or erre in graph A.1. a", Exclusion B.& Can. Cud- which pokrta Rainedproperare tody Or Control does not apply nwved from the place vAW* they xo 8. Chertges In tbfinitlona accepted by me'fnsurod' for movement For de purposes of mN endorsement. Paragraph into or onto the Cowed'aulo` or D. of the DeBnbove Section is replaced by the b. Alto the "poahtants' or any properly in foibwng: wtidh the'pollurords' aro contained am D. 'Covered po9utiat Cost or expense' means any moved from the covered 'aub' b M cost or expensis aftkV out of: placewhere they ser enaliy delivered, 'Nh- 1. Any request demand order or statutory of disposedd or abandoned W me regulatory rogt "renew that any 9naured' or Others test for, mmrtar. dean up, remove. Paragraphs a and 0. above do root apply to comae, beat dawodfy or neutralize, of in 'aaiderW that occur away from premises any way reaped to. or assess the effects d awneda oa „ �� . n". or ore- , 2. Arty Cairn or'suir ty or on behalf d a gar espea ,utd it &mmentat nMortly tar damages because d (1) The "Polluta^ts' or arrY prop" in tea for. monitan0. deanng LA. remov- which the 'golWMs' are contained ng, cattemog, reating, delodyag or neu- trafohg. or in any way responding to or as -result aro upset overbaned or damaged as d the makneherhce or usa d sessng to effects d'goWtawY a Covered "dub^ and (2) The discharge, disposal, seepage. migration, release or escape of the Wutarta' is Caused dfrectif by such upset, overturn or damage. CA" 46 6106 ® ISO Properties, Inc.. 2005 Page 1 of 1 O 101 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.7 — INTERNAL REVENUE SERVICE NOTICE 1015 This item consists of A pages (including this page). Initials: Dated4bh4 tr tials:—RAP— Dated: 10 -a0 Og F CHISEE COUNTY INTERNAL REVENUE SERVICE NOTICE 1015 Burrtec Waste Industries, Inc. will notify its employees and will require its subcontractors to notify their employees that they may be eligible for the federal earned income credit under federal income tax laws and will provide a copy of Internal Revenue Service Notice 1015 102 Department of the Treasury Internal Revenue Service Notice 1015 (Rev December 2007) Have You Told Your Employees About the Earned Income Credit (EIC)? What Is the EIC? The EIC is a refundable tax credit for certain workers. Which Employees Must I Notify About the EIC? You must notify each employee who worked for you at any time during the year and from whom you did not withhold income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W-4, Employee's Withholding Allowance Certificate. Note. You are encouraged to notify each employee whose wages for 2007 are less than $39,783 that he or she may be eligible for the EIC. How and When Must I Notify My Employees? You must give the employee one of the following: • The IRS Form W-2, Wage and Tax Statement, which has the required information about the EIC on the back of Copy B. • A substitute Form W-2 with the same EIC Information on the back of the employee's copy that 1s on Copy B of the IRS Form W-2 e Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC). • Your written statement with the same wording as Notice 797 If you are required to give Form W-2 and do so on time, no further notice is necessary If the Form W-2 has the required information about the EIC on the back of the employee's copy If a substitute Form W-2 is given on time but does not have the required information, you must notify the employee within 1 week of the date the substitute Form W-2 Is given. ff Form W-2 1s required but is not given on time, you must give the employee Notice 797 or your written statement by the date Form W-2 is required to be given. if Form W-2 is not required, you must notify the employee by February 7, 2008. 103 EXHIBIT 3D You must hand the notice directly to the employee or send it by First -Class Mail to the employee's last known address. You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mall. Howeveryou may want to post the notice to help Inform all employees of the EIC. You can get copies of the notice from the IRS website at www.irs.gov or by calling 1.800-8293676. How Will My Employees (Know If They Can Claim the EIC? The basic requirements are covered in Notice 797 For more detailed information, the employee needs to see the 2007 Instructions for Form 1040, 1040A, 1040EZ, or Pub. 596, Earned Income Credit (EIC). How Do My Employees Claim the EIC? Eligible employees claim the EIC on their 2007 tax return. Even employees who have no tax withheld from their pay or owe no tax can claim the EIC and get a refund but they must file a tax return to do so. For example, If an employee has no tax withheld in 2007 and owes no tax but is eligible for a credit of $825, he or she must file a 2007 tax return to get the $825 refund. How Do My Employees Get Advance EIC Payments? Eligible employees who expect to have a qualifying child for 2008 can get part of the credit with their pay during the year by giving you a completed Form W-5, Earned Income Credit Advance Payment Certificate. You must Include advance EIC payments with wages paid to these employees, but the payments are not wages and are not subject to payroll taxes Generally, the payments are made from withheld income, social security, and Medicare taxes. For details, see Pub. 15 (Circular E), Employer's Tax Guide. Normo 1015 MW 12-2007) Cel. No. 205991 EXHIBIT 3D Exhibit 3D— Franchisee Documentation Item B.8 — FRANCHISEE'S EEO CERTIFICATION (FORM PW -'n This item consists of A pages (including this page). Initials:tedlb4W vtials: +W—Dated. IDCF FRANCHISEE COUNTY 104 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.8 - FRANCHISEE'S EEO CERTIFICATION (FORM PW -7) A copy of the EEO certification from our proposal is attached as Exhibit 6. FORM PW -7 PROPOSER'S EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION pr p sah Nair 9u.'rtee Waste Industries. ..mess _MOD Cherry Avis, Fcnann. CA 92335 inw vi Aa gsen E+pl er lxmmwn Nur Oar gS-3395812 _ in acoordonce with Los Angeles County Code Section 4.32.010, the proposer certifies Said agrees chat all persons employed by d. its sif totes subsidiaries, or holding companies are and i will be treated equally by the firm without regard to or because of race religion, ancestry, ns4onat origin, or sex and in compliance with all anti dkscdrrxratlon laws of the United Stales of America and the State of California. I TThe proposer has. a written policy statement pmhiMng any dnrnminaGon in ® YES an ptoses of employment ❑ NO 2. The proposer perWically conducts a self-analysis or Atlizalion analysis of 0 YES its worn tome I ❑ NO 3 The proposer has a system for determining a as employment practices are 00 YES disciminalary aganW protected oroupa. ❑ NO A- ' 1Mrere problem areas are identified in amploymem prattioes, the proposer ® YES tW • syslem for tatting reasonable correeirve action to incLiae ❑ NO estabrrahnwnt of goals and tmeta6ies. 105 EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item B.9 - WASTE DIVERSION PROGRAM, INCLUDING CUSTOMER RECYCLING AND SAFE DISPOSAL EDUCATION PROGRAM This item consists of 2 / pages (including this page). jj/7 Initials: Dated/�/­4t. Initials -RAP- _ Dated: ld5olO� FRANCHISEE COUNTY 106 BURRTEC WASTE INDUSTRIES, INC. "We'll Take Care Of It" 1-866-270-5370 Cart Delivery =M1111 -lire Burrtec Waste Industries, Inc. will begin trash collection services in the Los Angeles County unincorporated communities of the Santa Clarita Valley beginning November 3, 2008. The new carts will be delivered beginning September 25, 2008, through October 31, 2008 (see reverse). Existing carts and containers will be picked up at time of new cart delivery On your cart delivery day, please leave all of your current carts and containers out so they can be collected You may use the new Burrtec carts once you have received them. Your current trash collection service provider will continue to service your residence with your new carts until October 31st. Customer owned containers Burrtec can dispose of your personal containers. Simply place them upside down at the curbside from November 3i° through November 7"' and the containers will be removed. Cart Size or Service Changes Beginning December 1', Burrtec will begin taking requests for cart exchanges and/or requests for additional carts. Please contact the Customer Service Department with your request. La Entrega de Cerritos Buntec Waste Industries, Inc. comenzari los servicios de recolecci6n de basura en las comunidades no incorporadas del Valle de Santa Clarita en el Condado de Los Angeles comenzando el 3 de Noviembre de 2008- Los nuevos carritos serin entregados a partir del 25 de Septiembre de 2008, concluyendo el dfa 31 de octubre de 2008 (vea el lado inverso de esta p.Agina)- Los Cerritos y Contenedores actuates serYn recogidos en el momento que se entreguen los carritos nuevos. En el dta de la entrega de su carrito, favor de dejar afuera todos sus carritos y contenedores que tiene presentemente para poder recogerlos. Usted puede usar los carritos nuevos de Burrtec una vez que los reciba. Su servicio actual de recolecci6n de basura continuar3 recogiendo la basura con sus canitos nuevos hasta el 31 de octubre. Contenedores gue le oertenecen al cliente Burrtec puede disponer de sus contenedores personales. Simplemente col6quelos boca abajo en la orilla de la calle. Los Contenedores ser5n recogidos comenzando el 3 de noviembre y concluyendo el 7 de noviembre Tamano de Carrito o Cambios de Servicio A partir del 10 de diciembre, Burrtec comenzar6 a tomar pedidos para el intercambio de carritos y/o pedidos por carritos adicionales. Favor de comunicarse con el Departamento de Servicio al Cliente con su pedido 107 M Santa Clarita Vallev Franchise Cart Delive Ventura County r i ci� g Fn 10117 �. / Fri 10110 ' +t ar Fri1U124, y .•1, 'i dd 1 To, bi IWed�10`I2... Tue Schedule BURRTEC wnsTermuerroEKWa xo•nwr'..+yu• 1-866-270-5370 0111 - ._ - .-l" tri -of 16\" i 7125' hu r 9126 - Thu "7-�- •j 10102 Thu 9125 Fri 9126 9125 Ventura County r i ci� g Fn 10117 �. / Fri 10110 ' +t ar Fri1U124, y .•1, 'i dd 1 To, bi IWed�10`I2... Tue Schedule BURRTEC wnsTermuerroEKWa xo•nwr'..+yu• 1-866-270-5370 W1 -d 0 Mmi 10111 Tue 10107 1 � 1hu 9125 Wei 10112 1y Clty of Santa Clarita I (Not part of new services) Mon 10106 Thu 10121 -Mon. +• ' Fri 912G Mon 101on 10111 20 � ori 1n12�i' ` Thu 10109' 0111 - ._ - .-l" tri -of 16\" i 7125' hu r 9126 - Thu •j 10102 Thu 9125 f' W1 -d 0 Mmi 10111 Tue 10107 1 � 1hu 9125 Wei 10112 1y Clty of Santa Clarita I (Not part of new services) Mon 10106 Thu 10121 -Mon. +• ' Fri 912G Mon 101on 10111 20 � ori 1n12�i' ` Thu 10109' - ._ - .-l" tri -of 16\" r 9126 - Thu •j 10102 Thu 9125 f' 9125 EXHIBIT 3D PUBLIC NOTICE SANTA CLARITA VALLEY RESIDENTS Burrtec Waste Industries was awarded the franchise to provide automated residential collection services to Santa Clarita Valley county unincorporated single family and two unit residents beginning November 1, 2008. The standard services will include 3 new 95 -gallon carts. one black cart for household trash, one blue cart for recyclables and one green cart for green waste. Optional 65 -gallon brown carts for manure will be available for an additional fee. To loam more about these and other exciting programs, join us at our community meeting. Light refreshments will be served. Saturday, September 13-- 10 am Canyon Country Jo Anne Darcy Library 18601 Soledad Canyon Rd. Santa Clarits, CA Friday September 19 - 7 pm Castaic Sports Complex 31230 N. Castaic Rd. R1rMp Castaic, CA Saturday, September 20.10 am Val Verde Park 30300 W. Arlington St. Val Verde, CA These programs have been designed for County area residents by Burrtec Waste Industries in association with the County of Los Angeles. We encourage your support and participation in our efforts to meet mandated solid waste diversion goals established by the State of California. ®BURRTEC WASTE INDUSTRIES, INC. ^wtura"C. Qfrf^ 1-666-270-5370 109 BURRTEC WASTE INDUSTRIES, INC. "We'll Take Care Of It" EXHIBIT 3D Dear Customer' Burrtec Waste Industries is pleased to announce that effective Monday, November 3, 2008, we will be the new service provider for automated trash and recycling collection services to Los Angeles County unincorporated single family and two unit residences in the Santa Clarita Valley This new service program is the result of an exclusive franchise agreement that was awarded to Burrtec by the County of Los Angeles Board of Supervisors through a competitive bid process. Your services will include three new 95 -gallon carts: one black cart for household trash, one blue cart for recyclables, and one green cart for green waste. Optional 65 -gallon brown carts for manure will be available for an additional fee. As a Burrtec customer you are also entitled to free on-call bulky item collections twice per year Senior residents may be eligible for a 25% discount if they meet the criteria. For more information about our services or to request a senior application please contact our Customer Service Department. Additionally, we will be phasing in a new fleet of low emission alternative fuel collection vehicles to help reduce air pollution in your community Burrtec, along with the County of Los Angeles Department of Public Works, will distribute educational materials highlighting the importance of recycling and meeting state waste diversion mandates. New carts will be delivered September 25, 2008 through October 31, 2008. Beginning November 3'd Burrtec will begin servicing these carts under the new franchise agreement. Your collection day may change in November Please refer to the enclosed collection schedule map for your collection day Postcards confirming your collection day will be mailed out prior to November 3rd Burrtec is a family owned and operated solid waste collection and recyclables processing company servicing communities throughout Los Angeles County We pride ourselves on our commitment to customer service and to providing the very best in solid waste collection to the communities we serve. Should you have any questions or concerns, please contact us toll-free at 866-270-537D Sincerely, Burrtec Waste Industries 'We'll Take Care Of It" 16000 Springbrook Ave, Suite 101 • Saugus, CA 91330 •866-170-5370 • FAX 661-111-7876 110 EXHIBIT 3D BURRTEC WASTE INDUSTRIES, INC. "We'll Take Care Of It" Estimado Cllente Burrtec Waste Industries se complace an anunciar qua a partir del Lunes, 3 de noviembre de 2008, oomenzaremos a proveer los serviclos automatizados de recolecci6n de basura y reciclaje an su comunidad para todas las viviendas an las areas no incorporadas del Condado de Los Angeles de una o dos unidades an el Valle de Santa Clarita. Este nuevo programa de servicio es el resultado de un nuevo contrato exclusivo de franquicia qua fue otorgado a Burrtec por la Junta de Supervisores del Condado de Los Angeles por medio de un proceso de licitaci6n competitiva. Sus serviclos incluir6n tres nuevos canitos de 95 galones: un carrito negro para la basura del hogar, un carrito azul para los reciclables y un carrito verde para los desechos verdes Cerritos de color caf6 de 65 galones para at estl6rcol (boMiga) son opcionales por un cobro adicional. Como Ciente de Burrtec usted tambAn tiene at derecho de solicitar dos recolecciones de articulos voluminosos cada ario. Residentes de edad mayor pueden calificar para recibir un descuento de 25% si cumplen con el criteno. Para mds fnformaci6n acerca de nuestros servicios o para pedir una solicitud para personas de edad mayor, por favor comunfquese con nuestro Departamento de Servicio al Cliente Adem6s, estaremos introduciendo una nueva flota de vehlculos de recolecci6n de combustible altemativo de bajas emisiones para ayudar a rebajar la contaminaci6n ambiental an su comunidad. Burrtec, junto con el Departamento de Obras Publicas del Condado de Los Angeles distribuir6 materiales educativos sobre la importancia de reciclar y cumplir con los mandatos del estado para at desvio de los desechos Caritos nuevos ser6n entregados a partir del 25 de septiembre de 2008 y concluyendo at 31 de Octubre de 2008 A partir del 3 de noviembre, Burrtec oomenzar6 a proveer mantenimiento y servicio a estos carritos bajo un contrato de frangwcia nuevo Su dfa de recolecci6n podr6 cambiar an at mes de Noviembre. Por favor vea el horario de recolecci6n con mapa Incluido para su dia de servicio. Tarjetas postales confirrnando su dta de recolecc16n ser6n enviadas por correo antes del 3 de noviembre Burrtec as una compatlfa familiar de recolecci6n de desechos y reciclables s6lidos operado por sus duenos prestando sus serviclos a las comunidades a trav6s del Condado de Los Angeles. Tomamos gran orgullo an nuestro compromiso de servicio at chente y de proveer to major an la recolecci6n de desechos s6lidos a las comunidades qua servimos. SI tiene alguna pregunta o inquietud, por favor 116menos a nuestra Ifnea gratuita a 1-866-270-5370 Atentamente, Burrtec Waste Industries "Nosotros nos encargaremos" 26000 SpringbrookAve., Suite 101 • Saugus, CA 91350 •866-270-5370 • FAX 661-211-7876 111 9011day Schedule Duntec Waste 4drstrin . . observes the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day Day end Christmas Day. If the holiday falls on a weekday, services will be delayed by one day for that week only. Your regular schedule will resume the following week. For example if the holiday falls on Thursday than Thursday services will be provided on Friday and Friday services on Saturday, etc. Them Is no intenuptIon In service it the holiday Is on Saturday or Sunday. pbLcounts If you are a senior who Is 62 years o1 age or older you could be eligible for a 25% senior' discount Please contact our Customer Service �. Department for additional information ardor �ap'p•—lication. Radky Item P1Ck-Up You may request two pick- Wps of bulky Items and certain electronic devices each year at no additional charge. These items will be collected on your next regularly scheduled collection day. Please call Customs Service at least 24 hours in advance to arrange for a pick up. Holiday TM -08 We will collect your holiday trees- - placed at the curb on your regularly scheduled collection day between December 26th and January 14th on your regular collection day. Trees' longer than 0' must be cul In half. Please remove omarriams, Wesel, flocking, and stalls before placing at curbside. Flocked trees cannot be recycled and need to be cul up and placed In your black trash cart. Roll -Out or Rack -Yard Services Residents who am physicaty unable to take their cans to the curb ale eligible for roll-out or back -yard service a- ro additional charge. Contact Burnoes Customer Service Department at (866) 270.6370 for additional (Rent -a -Rin Bumec waste IndusWes offers a three cubic yard'renl-a-bin' for residential clean-up and special projects. Larger bins are also available. Used Motor OR Recycling Burse will collect and recycle residential used motor oil , for FRED Please cell our Customer Service Department for more details. limit 3 containers per residence per year. Sharps Collection Program Residents with home generated sharps can participate In the shanps collection program at no additional charge. Sharps containers are available for pick up at Burnec5 tonal Santa Clarlta office. Once the oontetrhe Is filled, residents ars asked tonatu. ..the full container to the office far proper disposal. Unitt 3 containers par rusfdence per year. Horse Manure Service For those residents with horses s livestock. Buirtec provides a 65 gallon brown automated container for horse and livestock waste. These containers airs eve0ahle at a nominal charge. Please call our Customer Service Department for more details. Additional Carts are Avail -his . Residents can request one addltlonal recycling cart or one additional green waste cart, or both, at m additonal cost. Additional trash carts we available for a tow monthly fee. WARN W G1 Please do not expose your trash collector or landfill to dengef r such aa: EXPLOSIVES, LIQUIDS THAT ARE TOXIC, HIGHLY FLAMMABLE OR RADIOACTIVE, oR ANY OTHER HAZARDOUS MATERIALS INCLUDING PAINT. PESTICIDES and CLEANERS. DO NOT place these Items in your cert. Fs more Information on Household Hazardous Wavle disposal please call 14888) CLEAN LA. Important Phone Numbers and Hours of Operation Burrtaa wester Industries, Inc. (066)Z70-6370 .. 26000 Springbrook Ave., Ste 101 Saugus, CA 01350 Monday - Friday, 0:00 a.m. to 5:00 pm. For Information on Household Hazardous Waste 1 (088) Clean Irl (263-2662) County of foe Angeles Department of Public Works (800) 803-6044 Monday -Thursday 7:D0 a.m. to 5:00 P.M. EXHIBIT 3D a8o s��€s IfS g a o y m _ u V u9 n IZm $$ 0 Q Rt2 U•� iF�`%_=im ci anmoa� gm 8� n•' m _ m i o9 old iPn es� Qa x °u3a6�n0 = C, @Sac ;o EEn y8gg o°�_ m- .^���g�� O m° m zoa;Bo�f1tz 00 9 Dim Fwdvoe Observadas las dies fw(lN qua obeervamge son: Alto Nwvo, Dfa de Cavnenwracihi, Din do Is li dlpsnds=13. Die da Trabslo. Acci6n do Oracle. DIB da NrAdad. SI au die proprrsdo pa le rwaaadn oa m o despu6a do m dafo&Vw. duras bamwdo w die fesuvo . Is naMccMn a rahBasa per In din. ba Uentes del Nam Wild o sur waoboridr N vermes y is moleccl6n " dd visnas aaA daabao. LA slgulents seinen In rsoolaca6n as IBA m w da regular Rogramado. No nabri Interruinft an el servbb v a the festivo cos en o6bado o dawgo. PGMX entad Si usted as mayor de fit anon, usted podrk Wobgble pea m descuento de 25%. Pan ' rids Ydorrrracidri o para pedr w soecsud, Warne a r, nussoo Deperlmredo de Servido at Clients. . Rocolecd6n MAzticulos Volumiadaoe -dwted poodle adorrxogmJups do anbda vcbaor- -iaaa y dB dntlos apareb alaLdrrYws da Ysoa d gab tlaslaL tab aNSAa sarin f aOOMaa- daa Bu Prdsdfa dipwaarrdoGralbYccgrs Urinal Depslsarba$sNao a Cuda coir 24 11sadBadkpBa6n paraw clads mmisodOrt. Aiboiw Fesevos Nowum reosbclnts a Ms. *11 cka; leauvos cobcados an to Baa m a Qa de rwdwcldn prograrudo wNe at26 dB Mention y at 14 dB save, Los Ybaaqu son mile lagcodo 0' dabon sntoerladosisrls I PorWorrsrawvatodo opo dB Genres y baas.lA Yboles oon Bays arskW ra location w m1cladoe y noowlar ser uoruda y cobcedm en ser wft negro de bmm Caatenedorm Puts AIgwU rBurlac Waste Industries barren dispallgb caroenedora'rem-a-bin- de Una yardas cubicas pera Is Bmplaze rowdencd y Proyactus especiales. Conte adores mAs grandee tambi6n estAn disponibles. ServidodeTraspBUOLos rasldentes(rano , puedan flsIcamente sacar sus cameos e a aces, son eleg"m para el sorvldo de baspatlo sin costo adicloral. L.larre a Dep utarwto do Sennclo de Gienle ds Burnet a 1 (e88) 270-5370 para nuts srfumrac16n. �Redda(o de Acelte do Motor Usado Butler coleclerd at acete de motor usado at IwnM . de Is BOOM GPIATLAIAMENTEI Por favor do liar a rR a ro Depert� anto do Servldo d a mos, pow, dslltsa Hey in We de 3 recgasaa porrasWswb porrb. Pro mma do RawlemMa de Sherpa tan asideruas con alg0ldadrpBpeabgrAos) gresradai naloaplrPrddsrpaUcpven d l lludoo ads o& cal6n da sharps (allLos robe puna. rprdos) abnaopOroao6ve BtliCkFrBI. Los rotlpbrrtea 911 ' aedndspabbe porn oos recopl m Y dMla besides m BwNctama. IAtB era low aYadwapWep inlobobraddado du IN realprrIleoaplafcinapara dans do bBaatWadasa hire BPoDba Hay rn unite Oe 3 . ratblaea porraWwwY porsla 900009=16n de Suldifi of de Cabello Pa agts" residentes quo toniM tabella o gswdo Buni is pmvee un recipients de calor cW dB 65 gebas pare los despakbn a do bda y gnta, Eaton nduentes Bun daponbla ps a. cobro Milano. Catrrl an adldanoles actin dbponWlofYsdwAaPbatBolalA u wrM adaadpa llsrMaW wrAYblsac on wra Pa b dwaaros asdw o ambo. as awb addmiLLmoosaad*ndwosaaba . edin depso- dcwba UMmerrwlespar cadacmbosolittodo. _ IADVERTENCUU Por favor no exponga a no tecolecta de bavua o feaeio vxVwio a materlala psiignnos tales carp: E%PLOSNOS: L(OUIDOS TO)UMS, INFLAMABLE, 0 RADK ACTNO; 0 CUAIAUIER OTRO MATER00. PELIGROSO INCLUYENDO PINTLPA, PESTIC 0AS y LIMPIADORES. No odoque Baton anbulos on no cntnto. Para mAs Infomucl6n sobre conn desrucerse do Desocnoa Tdxlcos dei Hoge, Waoe' W 1-1888) CLEAN LA Telefonos Importantes y Horas de Operation (866)270-5370 26000 Sprtngibrook Ave., Ste 101 Saugus, CA 01350 ' Lunes a viernes, do 8:00 a.m. a 6.00 P.M. Pare Informad6n sabre Dasecboa T6>icos del Hagar 1 (888) Clean LA (253-2652) Condedo de Los Angeles H r uy.Y El Programa. de Recoleccioii. de• Basura. y Reciclables E7 programa de tecolaccon automeNmda de baWra y redck"es para ,b comunidad. del Valid de Santa Gaeta este daerlado a recolec briar de Urla manera 6tkiente. Le agradecenros su apoyo y partirjWdn an otos prugmmas. M Servicio Residential consists an Is recdeccl6n una ver a la semen do basura de case, reeiclables y doe actio verdes, Por favor cwioque los carnlo5 on la acera to noche antes do su =olocci6n o a las 0:00 1e la maftana al dia do su recolacci6n. Como & tesla hada sus vocinos, remueva sus cardtos despuAs del sorvicio. . Por favor ponga los canitos en Is calls con IBS medas al lado de la Mara a un tado tle Is entrada de coshes y tres ples rearados tle cualquler ob)eto tarsen o vehtculo. IPRECAOCIONI Por favor no pennitgque los nNos lueguen sena de los camtos. 1Preguntas4' Por favor comunlgooso con el Departarnento de ServiGo al Clients tle Burnet Waste, de. lunee a Nemec do 0:00 am..a 5:00 p.m., al 1-000-270-5370. El El carrito Negi'o es para Ilasurl '4 Su carrito negro as pare Is recoleccl6n de Basun. No coloque bosom demo del carrito pare of Heciclaje (color wA o Mento del carnto para los des echoa verdes (color verde) o no a" colectado. Camtcs adiwrole cera Is basum pueden ser soimtodos larnando al DepatarrwAo de Sarviclo al Clients. Si su carrito as dallado seri reperado o' MWrPWzado sin costo algulo. Los Chentes saran res)onsable Dor los carritos dehados debido a la nooganoja o abuso. No Coloque los siguientes materlales en sus carritosc Desechos 16xkos Desechos elecs6nims (productos t6xicoe, ieparatos elecu6Ncos vanencsos, wrrosivcs, wino wmputaduac, namables, o im1antes) taleVsore., tsi6fonos Focos fluoreswnles colwlares, micioondas, els.) Maquinatia Beterlas de wtom6vii Pintura Liud s Genas calienles Desechos nfoccimos PmWidas - (ncAgendo agulas usadas) Atelia _ Estierwl tle cabaW Llame a 1-1896) CLNAN LA para informaci6n solore Is disposid6n do astos productos. El carrito11111 us para !os Neciciahles Su carrito caul es para los matedale . reciclables 1par favor Vee N lista siguiema de matedales aceptables para el Reddaje). Usted puede obtener un carrito adlolonal pare los maleriales RoWdable sin costo adicional, iNo se olvide, que cads ortra cuaital Lou strticuloa radcts"ea Incluyen... lata. de a)uminio - Papel mazciado Papel de ahrmnb Perl6dioo Foletos Tubos ds Pepsi catlbgo§ Dulas telel6Nces �Rocipientee de pustbo Conan(a1 Papal de wmputadore a an Botallasde plisbw tle kloleaas y emoeses de soda o aqua video Caws de patluelos Coneo nosoliciledo faciales Revialas Solves FOR FAVOR ns cotaque basun dentin de las Canitos Aaales o Verdes. El carrito Verde � MWW es para !os Desechos Verdos Su carrito •,^r•r— a para los desechos Verdes (Dor favor vee la lista agulente do materN(es aceptable). Los desechos Verdes son reciclados pare hater hater abono. Uslod puede obtaner un camto adiclonal para loa desechos Verdes sin costo adicional, a la orden. NO USE SOLtAS OE PLASTICO O DN PAPEL PAM LOS DEaECHOS VNRDES Todo material dabs ser cdocado dentin del cardto. Golass ds pl"tico o de papal no son aosptables. Las nines y los recortes de Arbil pueden ser cdooados on to acera an bulbs. atodos qua no excedan 4 pias de Ingo y 2 pies de damelro y mens de 06 Lbs. Par favor de comunlcarse, con Ruestra o0cha pare arra cila tle rscoleccl6n.. • . Lou articuloa die Desechos Verdes inclaysa... . Gasped man Hlean y holes 'Rewmus d. Arbol. Arbmtq " Ramos do Arbol 'Rarratney peq MAae Hlerbajw rrros 6educfd0paa porleren of carH Materlales quo no son aceptables... Palmema Nopd, M " Heces de Animal Dasecho$ de canllde = Tierra y p odras. Plmltas doParelBo Concrblu Esbacoi de,cabailo, ip 41 v a Santa Clarita Valley Franchise Trash Collection Schedule ' r BURRTEC \ WASTE WOUSTRIES,INC. Thh.(-(,f" t \ 1-866-270-5370 0 qb AV i � x A�� •�\�':,, `+_l Jy' 114. `.`� � t��,. ! Waq ... Ventura 3• •', t : ,',� County s ^ ;�', �� Ad'.' 1 ', -; .• •. City of Santa Clarita . _ta $ (Not part of new services) 4 ji I a. N 't '� ' • Collection Schedule r r: jt. Area Number 1 1 1 2 3 4 5 Wt Fick -Up -Day Mon Tue We Thu FrY Summer Issue • 2007 Y v GRASSCYCLING Grasscycling is the natural process of leaving clippings on the lawn when mowing. The clippings quickly decompose, returning the nutrients to the soil. This can reduce water and fertilizer requirements, mowing time and the cost green waste collection and the cost of processing waste. Proper mowing is required for successful grasscycling. It is best to cut the grass when the surface is dry and keep the mower blades sharp. Follow the "1/3" rule; mow the lawn often enough so that no more than 1/3 of the length of the grass blade is removed in one mowing. You can usually grasscycle with most mowers. Simply remove the collection bag and allow clippings to drop on the lawn. If your mower does not have a safety flap covering the opening where the bag fits into a chute, contact your local retailer to purchase a retrofit kit. Mulching mowers and blades are also available. Holiday Schedule Reminder Bmtec waste Industries • July 4th observes the following holidays: • labor Day when the holiday falls on a • Thanksgiving Day weekday, collections for the • a nstrnas Day remainder of the week will be • New Year's Day delayed by one day. • Memorial Day Green Waste Green Waste Collection is provided using your 65 -gallon barrel. All material must be placed in the container. Plastic or paper bags are not acceptable. Tree trimmings and branches may also be placed at curbside in tied bundles no larger than Oft. in length and 2ft. in diameter and less than 55lbs. Please call our Customer Service Department at 909.822.9739 for more information. Acceptable green waste material Grass clippings Leaves Tree trimmings Brush Prunings Shrub trimmings Weeds Twigs Small branches Non -acceptable material Animal waste Cactus Dirt Food waste Palm fronds Rock Concrete Bird of Paradise Reminder on collection day, please place your containers in the street, at the curb, or near the comer of your driveway Barrels should have the handles toward your home. The barrels need to be placed at least 2 feet away from any obstruction such as a fence, mailbox cr vehicle. All barrels must be curbside by 6:00 a.m. on your service day. In accordance with the City Ordinance trash containers cannot remain at curbside more than 24 hours before or 12 hours after your scheduled collection day. Bulky Item Collection Are you replacing an old sofa, water heater or refrigerator and don't know what to do with it? Well take care of it Residents can request up to two curbside collections of large or bulky items during a 12 -month period. limit of five items per Collection. This program is FREE and designed for your convenience. Please call our Customer service Department one week prior to your scheduled collection day to arrange pickup. EXHIBIT 3D Recycling Tips The following Is a list of items that should be included in your recycling barrek • Aerosol cans (must be completely empty) • Aluminum cans (please do not crush) • Brochures • Cardboard • Cardboard beverage carrier • Cereal boxes (remove wax paper lining) • Computer paper • Coupons • Glass bottles/jars • Glass cosmetic bottles • Junk mail • Laundry bottles • Ledger paper • Magazines • Metal coat hangers • Newspaper • Paper • Paper tubes • Phone books • Pizza boxes • Plastic milk jugs • Plastic bottles #1 - #7 • Tin cans • Tissue boxes • Used envelopes • Wrapping paper The list is always growing so watch for updates in the future and feel free to call our Customer Service Department with any questions. Household Hazardous Waste Collection The City of Fontana's Household Hazardous Waste facility accepts the following stns at no diarge: television sols, computer monitors, mato on. - a filters, antifreeze, weed killers, pesticides, paints, household cleaners, soNents, fertftem, batteries and other items which may pose a hazard to the environment. The facility does not accept business waste, or explosives, Infectious or nuclear waste Residents must bring their Burrtec trash bill. Hours: Saturday — gam to 12 noon (Closed twhidaly��ekerhds) 16454 Orange Way. Fontana. CA 92335 Edici611 de Verano • 2007 RECICLANDO SACATE EI sacate se puede recidar por medio de un proceso natural cuando deja los recortes de sacate en el pasto. Los recortes r. idamente se disipan devolviendo los nutrientes a la tierra. Esto puede reducir Ins requisitos de fertilizante y agua, el tiempo para .tar el panto, el costo de la colecci6n de desechos verdes y el costo de procesar los desechos. Cortar el sacate apropiadamente es requerido para poder reciclar sacate. Es mejor cortar el sacate cuando la superficie esta seta y mantener las navajas del cortacesped afiladas. Corte el pasto a menudo de modo que no mas de 1/3 parte de to largo del sacate sea cortado. Usted puede por to general reciclar sacate con la mayoria de cortac6spedes. Simplemente quite la bolsa de colecci6n y permita, que los recortes se caigan en el pasto. Si su cortacesped no tiene una tapa de seguridad que cubre la apertura donde la bolsa Cabe en una tolva, p6ngase en contacto con su tienda local para comprar un equipo retrofit. Recuerdo de Horario Festivo Burrtec Waste Industries • a de luta observa los slguientes dias de • Dia del Trabajador fiestas: . Dia de Grams Si el dia de fiesta mi entre . Navidad semana, colecciones durante el rem de la semana seran , Aho Nuevo retrasados por un dia. • Dia de Calmemoraoo Basura Verde La colecd6n de desecho verde es proporcionada usando su barril de 65 galones. Todo el material debe ser colocado en el contenedor. Bolsas de papel o plastico no son aceptables. Los adorns de arbol y las ramas tambien pueden ser colocadas en su banquets en bultos atados no mss grandes de 4 pies en longitud y 2 pies en diametro y menos de 65 libras. Por favor flame a nuestro Departamento de Servicio al Cliente al 909.822.9739 para mss informad6n. Material de deserho verde aceptable Recortes de hierba Pequenas ramas Adorns de arbol Hojas Podas Cepillo Hierbajos Adorns de arbusto Ramitas Material no aceptable Despeidido de anumal Nopal Tierra Deed us decorrida Hojas de palma Piedras Horrnig6n Ave de paraiso Recordatorio En el dia de colecd6n, favor de poner sus barriles en la tulle pegado a la banqueta o cerm del camino de entrada de canes. Los bar Res deben de tener las agaraderas hada su osa. Los barriles necesitan de ester por to mends dos pies de ret1rado de cualquier obstrucd6n, ya sea cerins, buzones o caros. Todos los barriles deben de ester afuera a las 6:00 a.m. en su dia de servicio. De acuerdo a la ordenanza de la caudad, barriles no se pueden quedar en la catfe mss de 24 horas antes o 12 horas despues de su dia de servido. Articulos Grandes d:su reemplazando un sofa viejo, olent6n de agua, o refterador y no sabe que hater tun et7 iNosobus nos encargarLmos de enol Los residentes pueden solictar hasty dos mlecdones de artimlos grardes durante un *odo de 12 meses. LhFm de cinm arbculos por coleod6n. Este programa es GRATIS y es cisenado para su corvenienda. Por favor p6r>gase en contacto con nuestro Departamento de SeMbo at Ciente una semana antes de su dia de coley n para areglar la recogida. EXHIBIT 3D Consejos de Reciclaje La sigulente es una lista de articulos que deben ser Induldos en su barril de redclaje: • Las latas de aerosol (deben est?- completemente vacfas) • Las latas de aluminio (por favor no las aplaste) • Folletos • Cartulina • Portador de bebida de cartulina • Las cajas de cereal (quiten el forro de papel) • Papel de computadora • Cupones • Botellas/tarros de cristal • Botellas cosmeticas de cristal • Propaganda • Botellas de lavanderia • Papel de libro de contabilidad • Revistas • Gandtos de ropa de metal • Peri6dico • Papel • Tubos de papel • Was telef6nicas • Cajas de pizza • Botes plasticos de lecke • Botellas de plastico #1— #7 • Latas de estano • Cajas de Kleenex • Sobres usados • Papel de envolver La lista siempre sigue credendo asi que este al pendiente de m6s artfculos en el futuro y sientase fibre de Ilamar a nuestro Departamento de Servicio al Cliente con cualquier pregunta. Cofeccf6n de Materiales Peligrosos de Casa La fadiidad de Colecd6nes Materiales Peligrosos de Casa de la dudad de Fontana acepta los siguintes arbdos sin costo: televislo, monitores de computadoras, aceite de carros y filtros, anticongelar pesticides, pinturas, limpiadores de casa, solventes, fertil®ntes, baterias y otros arHculos que pueden ser un riesgo al ambiento. Residentes tienen que ensenar su factura de Burnet. Horas: Sabado — 8am a 12 medic dia (Cerrado flnesfdersemana de fiestivos) 16454 Orange v. Fontana. CA 92335 }`{ Cofeccf6n de Materiales Peligrosos de Casa La fadiidad de Colecd6nes Materiales Peligrosos de Casa de la dudad de Fontana acepta los siguintes arbdos sin costo: televislo, monitores de computadoras, aceite de carros y filtros, anticongelar pesticides, pinturas, limpiadores de casa, solventes, fertil®ntes, baterias y otros arHculos que pueden ser un riesgo al ambiento. Residentes tienen que ensenar su factura de Burnet. Horas: Sabado — 8am a 12 medic dia (Cerrado flnesfdersemana de fiestivos) 16454 Orange v. Fontana. CA 92335 EXHIBIT 31) Holiday schedule Reminder As a reminder, Burrrec Waste Services observes the following holidays: Thanksgiving Day Christmas Day New Year's Day Memorial Day July 4th Labor Day When the holiday falls on a weekday, collections for the remainder of the week will be delayed by one day. Burriec Waste services (626) 932-1556 C©li1Li11lllii.7' Cleanup October 19, 20, & 21, 2006 s:00 A.m. - 2:00 P.M. Don't miss the cleanup in Bradbury to be held October 19, 20, & 21 We offer three convenient drop-off locations: 1) City Hall 2) corner of Mount Olive & Gardi Street 3) corner of Deodar lane & Bliss Canyon Road Burrtmwill supervise the disposal site. Please be prepared to provide proof of residency (your Burr= bill works great!) The trash containers will be removed daily to monitor disposal. We will be accepting all residential nonhazardous waste. No tires, commercial waste and hazardous waste. Ifyou would like more information about temporary containers for large cleanups, renovations or remodelling projects, please contact our Customer Service Department Believe it or not, approximately 80% of your holiday trash is recyclable. All the gifr boxes, wrapping paper, Veering cards, and cardboard packaging are items that may be placed in your recycling barrel. If you still have excess trash, just place your trash in bags alongside your trash barrel on your collection day the week following Christmas and New Year's Holiday (December 26th through January 6th) The driver will be instructed to take this additional trash for these weeks only. T1-'" al time of year tends together ay season we d your family Coliectl(311. Burrtec Waste Services will collect your Christmas tree at curbside after Christmas (December 26, 2006 through January 12, 2007)_ Simply put your Christmas tree next to your trash containers on your regular collection day. Trees over 6' need to be cut in half. Please take all ornaments and metal 41 stands off of the tree. No flocked trees please. Please call 626.932.1558 with any questions you may have. Customer Service Information Office Hours: Monday - Friday 8:00 AM to 5:00 P.A4 Phone: (626) 932-1558 1017 W Gladsrone Azusa On collection day, please place your containers in the sweet, at the curb, or near the comer of your driveway" Barrels should have the handles toward your home. The barrels need to be placed at least 2 feet away from any obstruction such as a fence, mailbox, or vehicle. All barrels must be curbside by 6:00 A.M. on your service day. Burrtec Waste Services provides unlimited green waste collection`\ ,) All material must be placed in your container Plastic or paper bags are not acceptable. Tree trimmings and branches may y also be placed at curbside in tied bundles no larger than Oft in length and 2ft in diameter and less than 65 lbs. Please call our Customer Service Department at (626) 932-1558 for more information. Acceptable green waste material Grass clippings Leaves Tree trimmings Brush Prunings Shrub trimmings 7eeds Twigs ill branches Non -acceptable material Animal waste Cactus Dirt Food waste Palm fronds Rock Concrete Bird of Paradise EXHIBIT 3D for Special Cleanups We offer 3 -yard to 40 -yard containers for residential cleanups and special projects. Please call our Customer Service Department at (626) 932-1558 for more information. RLC yc!LZcr Tips The fallowing is a list of items that should be included in your recycling barrel: Aerosol cans (must be completely empty) Aluminum cans (please do not crush) Brochures Cardboard Cardboard/plastic beverage carrier Cereal boxes (remove wax paper lining) Computer paper Coupons Glass bottles/jars Glass cosmetic bo -1 Laundry bottles Ledger paper Magazines Metal coat hangers Newspaper Paper Paper tubes Phone books Pizza boxes Plastic milk jugs Plastic bottles #1 #7 Tin cans Tissue boxes Used envelopes Wrapping paper Cs junk mail`s' The list is always growing. Watch for future updates and feel free to call our Customer Service Department with any questions. Are you replacing an old sofa, water heater, or refrigerator and don't know what to do with Burrtec Waste it? We'll take can of it. Residents can request up to two curbside collections of large or bulk' Services items during a 12 -month period. Limit of five items per collection. This program is FREE and designed for your convenience. Please call our Customer Service Department one week prior to your scheduled collecridiUay to arrange pickup. l;ll__]11 &1 �] EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B. 9 - WASTE DIVERSION PROGRAM Customer Recyclables Diversion Education Program Burrtec Waste Industries, Inc. (Burrtec) is committed to assisting the County in achieving its waste diversion goals. Our development and implementation of waste diversion programs has been the key to our success in the many communities we serve throughout Southern California By targeting select materials in the residential, multi- family, commercial and industrial waste streams, we have increased diversion percentages and decreased the amount of material disposed of at local landfills. Residential and Multi -Family Premises Our proposed residential program will include the basic services requested by the County Franchise Agreement. All single-family services and selected multi -family services include one 95 -gallon cart identified for the collection of recyclables Residents will receive initial information on acceptable recyclables in addition to periodic updates and reminders. The acceptable materials list will also be labeled/hot-stamped on the container itself Additional recycling carts will be available on request. Residents will also receive one 95 -gallon cart identified for green waste collection Residents will receive initial information on acceptable green waste in addition to periodic updates and reminders. The acceptable green waste material list will also be labeled/hot-stamped on the container itself Additional green waste carts are available upon request. As per the Franchise Services Specification, bulky items, E -waste and LEDs will also be collected and processed to achieve the maximum diversion Customer Recyclables Diversion Education Plan At a minimum the diversion goal for the residential and multi -family solid waste collections program will reflect the current State requirements, currently at 50% This number may increase in future years and our programs and processes must meet that demand. Burrtec records all solid waste tonnage collection on a daily basis. Our methodology includes categorizing the tonnage by material type, route, and collection day This information allows us to target participation, contamination, and overall waste generation. Our efforts can be focused on any and all areas in need of improvement as well as reinforcing positive results from good recycling practices. At the end of each month this information cumulates in a Waste Generation and Diversion Report that specifies total tons by material type. All diverted materials 123 EXHIBIT 3D tonnage (recyclables, green waste, metals, wood, E -waste, CEDs, etc) is totaled and compared to total solid waste collected A diversion percentage is established at that time for that month. Another tool used in the establishing of the monthly diversion number is the waste characterization report received from the material recovery facility that is used to process the collected recyclables. By using periodic sampling, the facility determines the average commodity markup of the recyclables that are collected in a commingled or mixed fashion. It also reveals the amount of contamination or non -recyclable material that is present in the total tonnage collected. Source separated material that does not have mixed commodities such as green waste, is weighed, cleaned from contaminates, and then processed All clean processed material tonnage is calculated and used to determine the diversion percentage. Through up-to-date collection methods, processing and detailed recordkeeping of all information, all programs can be evaluated for effectiveness and productivity. These results determine, once again, where we focus our operational and educational efforts and the overall success in meeting our diversion goals. Our approach to successful recycling and diversion programs is simple Provide a wide selection of acceptable materials • Offer a simple yet complete collection program Implement a public education plan that encourages participation and diversity An important component of diversion education is community outreach. Burrtec proposed to identify community outreach efforts based on an annual calendar of events In addition to meetings and presentations to key accounts such as property managers and site managers of multi -family facilities, an ongoing schedule of presentations to local chambers of commerce, school districts and service clubs will be developed A quarterly newsletter will also be mailed to all accounts giving the most up-to-date information regarding recycling information, community information and diversion related articles. Public education and community relations are vitally important during the transition period and throughout the term of the Agreement. Burrtec Waste Industries, Inc., has successfully implemented a variety of solid waste transition and collection programs, each of which has included a complete community education element One of the most important elements of this transition for the County of Los Angeles will be extensive public education activity and hands-on community involvement. Burrtec Waste Industries, Inc., in association with the County, will develop a community education plan with the following objectives. Maximize Diversion and Recycling Tonnage 124 EXHIBIT 3D • Reduce Source Waste • Buy Recycled -Content Products • Spread Anti -Scavenging Messages • Increase Recycling Participation The plan will incorporate the following components. • An Expanded Recycling Program • Praise for Residents for Reaching AB 939 Goals • Raise Public Awareness — "The New Program is the Next Step to Success" • Support and Expand the Existing Recognition Techniques • Coordinate Education Programs with All Groups in the County • Maintain Program Information in English and Spanish The program will be updated each year and will focus on the following areas. Service Brochures These brochures will describe the County's solid waste collection, recycling, and green waste programs and will be mailed or delivered to each residential and multi -family customer before transition begins. Fliers Burrtec will develop and distribute information flyers on an "as needed basis," with County's approval, to further educate residents and reinforce recycling programs. Quarterly Inserts Quarterly, Burrtec will develop and distribute to residential and multi -family customers a newsletter containing timely information on services provided, recycling, community events, holiday schedule, bulky items, E -waste, and proper disposal of hazardous waste School District Solid Waste Recycling and Diversion Program This program will be designed to complement the school curriculum and increase County's diversion It will be implemented at all schools in the County serviced by Burrtec. Highlights include - 1. Display Materials for School Assemblies 2. Participation at School Assemblies 3. Guest Speaker Programs 4. Judging at Science Fairs 5. Educational Handouts 6. Classroom Activities 125 EXHIBIT 3D Burrtec has always taken an active role in community service and events. Our presence and involvement at events lets residents know we are committed to the County of Los Angeles. The Burrtec presence also reminds residents to think about their refuse and recycling practices, whether or not the event is tied to solid waste. Burrtec will provide personnel, equipment, collection services, promotional items, and cardboard trash boxes, at no charge, in a continuing effort to educate the public, promote solid waste awareness, and support the County Following are examples of community services and events in which Burrtec will participate: 1. Chamber of Commerce 2. Service Clubs & Activities 3. Youth Organizations 4. School Sports 5. Community Meetings 6. County Celebrations - Parades, Pageants, Fairs Source reduction is a constant public information and education effort. Through all of the items outlined above, Burrtec will continue to improve source reduction and encourage residents to "Reduce, Reuse, Recycle." This is a brief overview of our public education and community relations program. Greater detail regarding public education efforts during the transition period, are provided in the sub -section Transition Plan. Burrtec pledges that all objectives, components and materials, outlined in Agreement will be included in the program for the County of Los Angeles Please refer to the Appendix Section for samples of public education literature produced by Burrtec. Additional Diversion Programs E -Waste Drop Off In conjunction with the community cleanup and curbside bulky item collections program, Burrtec proposes to offer a centrally located E -waste drop off site for all residential customers within the Los Angeles County Santa Clarita Valley Franchise service area. Residents will be allowed to bring up to five E -waste items to the operating facility at 26000 Springbrook Ave, Suite 101 in Santa Clarita. This service will be provided as part of the basic services with no additional charges. Sharps Program Burrtec will provide qualified residents with a sharps container at no additional cost. Home generated sharps, such as needles, syringes, and lancets, should be placed in a sharps container and removed from the regular household waste stream and minimize exposure to solid waste workers and recyclables processors Participating customers can pick up a sharps container at Burrtec's local Santa Clarita office. Once the container is filled, residents are asked to return the full container to the office for proper disposal and can pickup another container Limit 3 containers per residence per year 126 EXHIBIT 3D Quarterly Recycling Contest Effective residential recycling efforts are an integral part to a successful curbside recycling and green waste diversion program To reinforce these diversion efforts, Burrtec will provide financial incentives to participating residents on a quarterly basis Residents will be encouraged to sign up for a quarterly contest where selected residents are eligible to receive awards for meeting the criteria and guidelines of the recycling and green waste diversion programs. Contest information and program winners will be announced in the quarterly newsletters. Used Oil Recycling Burrtec will provide curbside collection of used oil for participating residents. Said collection will be provided on the first Tuesday or Thursday of each month and must be prescheduled for collection. Used oil must be placed in Burrtec provided plastic containers that are available upon request by contacting the Customer Service Department. Limit of 3 containers per residence per year Earth Day Mulch Reuse Program On the Saturday preceding Earth Day (April 22nd), Burrtec will provide residents with free mulch. The mulch can be used on gardens and lawns while promoting the green waste recycling program. Residents will be asked to bring their own containers to fill. Limit of twenty gallons of mulch or its equivalent. The mulch giveaway program helps the environment as well as closes the loop in reusing processed green waste. Unlimited Green Waste Collection Burrtec will collect unlimited amounts of excess green waste from residential customers. The excess green waste can be placed in customer owned barrels, plastic bags or tied bundles (not exceeding 4 feet in length, 2 feet in diameter and no more than 65 lbs) Customers must contact Burrtec in advance to schedule the excess green waste collection This unlimited collection allows customers to dispose of excess green waste during seasonal fluctuations. 127 A-1al-316111 GREEN WASTE ONLY 1 DESECHOS VERDES SOLAMENTE A&E+ACEPTABIE: NOT Lumell tma' IFJjFI C4mftcFDDdwEIOACEPTABLE: CmFtrucDol DeNN FxpaNN a CJnlDuaw Gm chppp�Puts afWdMY'RIIYL _ .fi=", 4, DWTws GKMOBeton DnMM mawd" r' :-'irJj�� PAR Tree Troampd R0=1n de Pgwn sJe d* Amm Pdn Rona' RDMI de Pabei Tm Tmmftmo be"A de Amolu cxw Uxa, Rcdv Nedu NO NUAImO11I,Lqum Op 6EC1RONt tNsiE RIIDC a P*EsbmddtAAW BO BAB aNalaa od: Papel BO SE POM DESEM Tox" P31Gms r u0um ANnd WelLu Fsoncd aAaYnd Fa AM Mmrdn dw bMb&W" damMRM KUW. Yob bWW me pnm dM admFdn&MOON pdpmM wbm 1i0 14WUA" a1 RECYCLABLES ONLY to ACCBTAMACEPT811 RECICLABLES SOLAMENTE Pmwlhpel m end MI AJ=Caasd.attssdeUrsa OLMIMMi do•NIr clai.ar dsllolM14AAa ydoMetal mora m wcw chow inamo NH Cardboard Carton a0KQkmaa.uam0aaEnaDtecwsTE PlasbcBottles, MMT0=,Pt3HGMruglDaNOS" IECIXPCTADDS BotaD3sdoPlastic0 FaYaeNdaWmeboN6o b6spaudNaadddX¢edomMhpaWaWdC 161assfto PmmMwomdedelerApldtmelfirolPd�aNpandrBral: 1�BBBkIFAMU NoT ACCrkuwo ACEPTw I fierbagtut3asura Y Fltlids7�gltidos I Batttwi�BatpTias F Diapers'Patialas F oreee WastaUsechos Verdes TRASH ONLYIBASURA SOLAMENTE ACCEPTABUJACEPTABLE Palm Frw*.Fii0 as de Palmems Name) Household Wast&&9960s Domes&09 NDnnal Animal fttell)vwhos do Ardmal NOT ACCEPTABL�O ACEPTABLEACEPTABLE RDcks, Di~as, Ttersa Crow Was%Uesechos Verdes Regdab &Racidables coweteDllaet0 Con nctiOn Debr aesWuos do COmstmcci6n 'Hualdous WastaPDesechm Perrgro" THE FOLLONNO HA2ARDOUI WASTE MMTEMALI ARE NOt ACCE"ABIE FOR H ORMATl CYnon, Mora Oe Pre AZAR TE ar ERALS ) FOR MORE tIffORWVI0MAB0UT MW SENOLD HAIARDOUt Y95TE WIFJiIW CALL t PIN CLEAR u DESECHOI PEIIGRDEOE DDk#S=S NMUn 7000 LD CLAIFr" COMO TOTJCO. RAMBLE OR OMWTE' FAmnopAmw LLRud%pA.7 LmW m DamnomF Amb a Aubmdvan. d7vyMb a PidR1 hArnY libo Yo nue d,40e L PARA MAI WORMAMN DE DESECHOI DoMESTLCOs Kimmi POR FAVOR LLAME A 1 wlll CLEMI LA To Rpull RpMaMnnr andlor Adm jl CWA*Wpl C"Ab Buhl tBal=5&417 Pm Retmpb yk P* U*,) AdiwaWn lbw: Bu tN%i26Ntl 128 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.10 — ALTERNATIVES TO FULLY AUTOMATED OR 95 -GALLON CARTS This item consists of o2' pages (including this page). Initials:%Datecl,/���itials:_ Dated: ID 30 06 FRANCHISEE COUNTY Wel EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B. 10 - ALTERNATIVES TO FULLY AUTOMATED OR 95 -GALLON CARTS. Locations that are difficult to service with automated curbside collection vehicles will be offered manual collection scooter service with the same aggregate capacity as the 95 - gallon containers. This service will be provided at a surcharge as provided in the rate schedule Customers with space restrictions for cart storage or at the set -out site will be offered alternatives to the 95 -gallon carts. Burrtec Waste Industries, Inc. (Burrtec) will provide alternative containers having the same aggregate capacity of 95 -gallons These alternatives will include a 65 -gallon and a 35 -gallon container at no extra charge. If a qualifying, elderly residential customer requests a 35 -gallon container, Burrtec will provide said container so long as the customers can dispose of all his or her refuse inside the 35 -gallon container and does not commingle refuse in his or her Recyclables or Green Waste Cart(s) 130 EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item B.11- COUNTY -APPROVED SUBCONTRACTORS This item consists of pages (including this page). Initials:Dated Q$'Initials:_ _ Dated: 1013010& F CMSEE COUNTY 131 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item BAA -COUNTY-APPROVED SUBCONTRACTORS Burrtec Waste Industries, Inc. (Burrtec) will not utilize subcontractors in the performance of the day-to-day operations within the context of this franchise agreement. Rehrig is a County approved subcontractor and has agreed to supply Burrtec with automated carts as presented in the RFP Per the attached letter with Rehdg, carts will be manufactured and supplied to Burrtec. Residential Carts The information for the cart manufacturer/vendor is listed below, Rehrig Pacific Company Blair Chastain 4010 East 261' St Los Angeles, CA 90023 (323) 262-5145 (323) 269-8506 — fax Burrtec has no ownership interest in Rehrig Pacific. Refuse Collection Vehicles Diversified Truck Center of California, Mira Loma is a County -approved subcontractor in that Burrtec has purchased refuse collection vehicles (as demonstrated in Section A2 of the Franchise Documentation) for the Santa Clarita Franchise Area The new alternative fuel, CNG powered, refuse collection trucks will be the property of Burrtec and will be used in the Santa Clarita Franchise Area. Burrtec does not have any ownership interest in Diversified Truck Center of California The information for the refuse collection vehicles can be found below: Diversified Truck Center of California, Mira Loma Mr Jerry Dalton 3777 De Forest Circle Mira Loma, Ca 91752 (909) 685-3456 — (800) 909-8785 Fax (909) 685-2788 132 AINERSIFIED TRtfCK C W= 3777 Do FOr*s! CWS Mira Loma, CA 91732 Phone 953-685-34SS Fax 951 -US -2788 rog Buntec Waste Indaatrfes em Canr9 A.rrr ramdma. CA asps ATM, OOL! SM EXHIBIT 3D INVOICE IHVOICA r► 32609 DATE: MARCH 26, 2008 PM MP9 2= AUtW.AA W%64aH vcr • Svcm5LLwicp6L2 YIN • SVCOC9 EW2p61) 4n a %oLZC (:SH:91514 +nr a M'DCfiLE38H297a1i m a SyCDCRI33P497616 Val a SYCDCREMO 17 Ya/ a s mCa21SH497a:a /A a SVmCELE94K2Qnl9 m. a SV SLUIKM7629 OtlGY7fLOM AMOUNT CASH R>Z 190 1NOL�W Tf®1 %a TA[ j DOC F23 ,.,..._. LICIA= RF P:2ROUS8 ORDER a A37=9 TERPM OM MAY AR r 2066 144 DISCOtR[T IF PALO 6T AP[a 1TMr 200 L -CTAL K*A a9 d+eri3 Mf^me of oNvrsnea Trutt Co*w it y" P. v am q mgw2 cmxvr&g m i mve —to& VIWe VaWWu, 952-ur,34M Thank yw for your bualrnsie: 133 7777 De Forest Circle Wra Loma, CA 91752 phone 931-6115-3456 fax 951-683-2733 T& 6urrtec Waste Industries see Ohttry Av6wv Peatm& U 97727 Arm Ow mm OdM ma m wXAH AvrDcAA fEDEPAI LXLiSt SALES TAX DDC Fe 110Ew FEE Pm AIEW 2=AVrXAA WXF44 rout rasAD7A ver+ Svcom c9au9701 TOTAL Make SM &WU WF+* in Dhtr r G TrV* C"c A Vou rw siV 9Ueffizwm cw=n-jnp t1w Mry . W tla Vktw V*uM, 951-685,3456 Thank YOU for Your 9usira", 134 EXHIBIT 3D INVOICE INVOICE,#207621 DATt: 5/19/06 DIVERSIFIED TRUCK CENTER 1777 De Forest Clyde ltira Loma, CA 91752 phone 951-685-34Si Fax 951-685.2788 M. 8urrtet Waste Industries 910" CbMT ♦anus pontoon. CA rias ATTnI COLE VJRR CALI vnR2 300! Yr10tM ANOGA .� Rmm SALES TAX DOC KE TOTAL No" OR ChKk0 pOleMO WD""Olod TrdM C~VW vk•�rY 9SL�ttS-)41A U younow a" ViewwO [C�e1w0 ra II,,Act. r�bQ Thank you for Four haftw", 135 EXHIBIT 3D INVOICE INVOICE* 207624 DATE: 5/21/08 PM NEN' 2874 AUTOW WIM4 STOQ 008kc, 7 YEN • Svc0cR"4"Z0nN TOTAL No" OR ChKk0 pOleMO WD""Olod TrdM C~VW vk•�rY 9SL�ttS-)41A U younow a" ViewwO [C�e1w0 ra II,,Act. r�bQ Thank you for Four haftw", 135 EXHIBIT 3D Na,ix atl Medi MYM+>• w D*w+C+d Tryd CAtAr U YW hm AAr 0yL¢tpM m0dm,�0 T", nrdeq =Cw YkSR'yVt�, Ktfid�lAif Tek dao for your hMXseW 136 INVOICE DIVERSIFIED TRUCK CENTER 3777 De Forest Clyde Mira Loma, G 917SI Phone 451-685-3456 Pax 951-685-2786 INVOICE at 207623 D4TEt 5/21/08 _ TOe Burn= Waste Industrift Fos: NEW Na AUTCCAR WXR64 rax 60µ06 NH CbWVY Aw VIN A SAMCUMBM207M saeoAa n ams ATM COL! auMM twocxyTrON AMOUMr CAFA RUtZ 200! WWt64 AUTOCAA Do= Fu*vAL SMS TAX _ ooc r" 'CFJr" f" -� TOTAL Na,ix atl Medi MYM+>• w D*w+C+d Tryd CAtAr U YW hm AAr 0yL¢tpM m0dm,�0 T", nrdeq =Cw YkSR'yVt�, Ktfid�lAif Tek dao for your hMXseW 136 EXHIBIT 3D August 26, 2009 Richard Nino Buntec waste Industries 9M Cherry Ave = Foot®, CA 92335 RE ImAngeles Cowry FY wwWe Areas — Smaa Cm*a no hatter confirms flet Rehng Padfic Company will supply and deliver all residential containers needed for Buntec Waste Industries wAdn the Santa Clafta fieachise ams of Los Angeles County. Of the original order consisting of; 95-GRUVY 17,500 Block 4R 3kGsdlo■ 800 Black 800 Black 17,500 Blue 800 Blue 800 Blue 17,500 (item Boo Orem 800 from 100 Brown Rehdg Pacific Company has produced approximately 10,000 of the 57,400 total cents. Rebrig Pacific Company has an Assembly de Distribution plan in place to ensue that all cath are produced and delivered to the residents of Santa Cladta on or before November 1, 2008. The total cost of said services is approximately $3.1 million. Buextce is a long-term„ valued partner of Rehdg Pacific Company and we are looking forward to a suoceastLl cat distriibution. Please let me know if them arm any questions or oonotrns_ I can always be trached at (310) 529-8774. SY. e116aver Rehrig Pacific Company 4010UaT26b ST, LOSAMOCUMCALF FAX 323-290-6M QUALITY CONTAINERS FOR INDUSTRY SINCE 1913 137 EXHIBIT 31) Exhibit 3D — Franchisee Documentation Item B.12 — ADDITIONAL FRANCHISEE COMMITMENTS MADE IN ITS PROPOSAL FOR PROCUREMENT OF THIS AGREEMENT This item consists of '3 pages (including this page). Initials: Dated/ 4/-tials: �i�/l12 Dated. FRANCHISEE COUNTY Burrtec Waste Industries, Inc. agrees to notify customers in the Santa Clarita Franchise area regarding its E -Waste Drop Off service in the next quarterly newsletter Burrtec Waste Industries, Inc. will amend the Subscription Order Form to include E -Waste Drop Off service under Standard Services at its next scheduled printing of the Subscription Order Form for the Santa Clarita Franchise 138 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.12 - Franchise Commitments Made in Proposal 1. Alternative fuel vehicles Alternative fuel vehicles will be purchased and used for residential refuse and recycling collection services in the Santa Clanta Valley Franchise Area. These vehicles will operate compressed natural gas (CNG) fuel system. 2. Unlimited on-call excess green waste Unlimited on-call pick-up of excess green waste — Burrtec Waste Industries, Inc. (Burrtec) will collect extra green waste set -out at the curb in customer owned barrels or bundles at no additional cost. Bundles should be no larger than 4 ft. in length and 2 ft. in diameter and weigh no more than 65 lbs. Customer needs to request this collection at least 24 -hours in advance of their regular schedule pick-up day Multi Family customers can also participate with a limit of 4 unlimited excess green waste collections per parcel per year 3. Used Oil Recycling Burrtec will provide curbside collection of used oil and used oil filters for participating residents. Collections must be scheduled in advance with the Customer Service Department for collections to be provided on the first Tuesday or Thursday of each month Customers who want to participate in this program must contact Burrtec and request a used oil collection container Burrtec will provide up to three (3) used oil containers per residence per year Drained used oil filters must be placed in clear plastic bags (i.e. ziploc) or a coffee can with a secure lid 4. Sharps Collection Program Burrtec will provide qualified residents with a sharps container at no additional charge Home generated sharps such as needles, syringes, and lancets should be placed in a sharps container and removed from the regular household waste stream to minimize exposure to solid waste workers and recyclables processors Sharps containers are available for pickup at Burrtec's Santa Clarita office. Once the container is filled, residents are asked to return the container to the office for proper disposal. Limit three (3) containers per residence per year 5. E -Waste Drop Off Burrtec will offer a centrally located a -waste drop off site for all residential customers within the Santa Clarita Valley Franchise service area Customers will be allowed to bring up to five a -waste items to the operating facility at 26000 Springbrook Ave, Suite 101 in Santa Clarita. This service will be provided as part of the basic services with no additional charges. 139 EXHIBIT 3D 6. Quarterly Recycling Contest Effective residential recycling efforts are an integral part to a successful curbside recycling and green waste diversion program. To reinforce these diversion efforts, Burrtec Waste will provide financial incentives to participating residents on a quarterly basis Residents will be encouraged to sign up for a quarterly contest where selected residents are eligible to receive awards for meeting the criteria and guidelines of the recycling and green waste diversion programs. Contest information and program winners will be announced in the quarterly newsletters. 7. Earth Day Mulch Reuse Program On the Saturday preceding Earth Day (April 22"d), Burrtec will provide residents with free mulch. The mulch can be used on gardens and lawns while promoting the green waste recycling program. Residents will be asked to bring their own containers to fill with up to twenty gallons of mulch or its equivalent. The mulch giveaway program helps the environment as well as closes the loop in reusing processed green waste. Residents will be notified of this event in our quarterly newsletter 8. Bulk Billing Discount Program A waste collection service rate discount of 3% is available to qualifying Home Owner Associations (HOAs) that subscribe to the bulk billing discount program Bulk billing discounts are available for HOAs that register for the program and who pay for waste collection services through a single consolidated invoice for all residences within the HOA. These billings are generated on a quarterly basis similar to the standard residential service program. 9. 2 Cart HOA Discount Program Home Owner Associations (HOAs) participating in the bulk billing program may also be eligible to subscribe to the 2 cart HOA discount program. Under this program, green waste collection services are not offered to any residents within the HOA. To be eligible for the 2 cart discount, the HOA must participate in the bulk billing program, the HOA must agree that no green waste collection services will be provided to any residents in the HOA, and the HOA must provide verification of an existing green waste diversion program. Verification includes disposal processing facility receipts from facilities used by the HOA landscapers/gardeners. 10. Unlimited Green Waste Collection Burrtec will collect unlimited amounts of excess green waste from residential customers. The excess green waste can be placed in customer owned barrels, plastic bags or tied bundles (not exceeding 4 feet in length, 2 feet in diameter and no more than 65 lbs) Customers must contact Burrtec in advance to schedule the excess green waste collection. This unlimited collection allows customers to dispose of excess green waste during seasonal fluctuations. 140 EXHIBIT 10 - RATES A. Rates. Rates — EXHIBIT 10 1. Rate Schedule and Rate Adjustments. FRANCHISEE shall charge Customer Service Charges in amounts less than or equal to the Rates set forth in the Rate Schedule. These Rates will be adjusted at FRANCHISEE'S request, submitted at least 60 days in advance, or at the Director's option, as the case may be, in any of the following events: a. Annual changes in the CPI, DOE CNG, or DOE Diesel in accordance with the Rate adjustment protocol in subsection A2 and examples in Tables 1, 2, and 3 of Attachment 1 of this Exhibit 10; b. Change in FRANCHISEE'S costs of Disposal of Refuse at the Solid Waste Facility it has designated in Franchisee Documentation as provided in the Rate adjustment protocol in subsection A3 and example in Section B of Attachment 1 of this Exhibit 10; or C. Change in FRANCHISEE'S Direct Costs of providing Franchise Services due to Changes in Law or changes in Franchise Services or Franchise Standards as agreed to between FRANCHISEE, and the Director. All calculations are rounded to the nearest 1/100th decimal place (for example, 101.9656% to 101.97%, or 101.9637% to 101.96). The decimal 5 is rounded down (for example, 101.965% to 101.96%). Adjustments in Customer Service Charges are rounded to the nearest penny (for example, $25.34). If any adjustments are made to Net Rates, then the amount of the Franchise Fee in effect at the time of adjustment will be re -calculated and added to the adjusted Net Rates. No adjustment will be effective until notice thereof has been provided to the Board of Supervisors. Net Rates will be adjusted only if there are no Breaches that have not been cured after Notice from the Director in accordance with Section 17A and no Franchisee Defaults. FRANCHISEE shall provide all Customers a minimum of 30 days' advance written notice of the implementation of changes in any Customer Service Charges or other notices directed by COUNTY. Rates will not otherwise be adjusted, including for actual changes in the price of fuel or increases in Disposal tipping fees other than as described in the preceding items a and b, respectively, of this subsection Al. If Page 76 2. Rates — EXHIBIT 10 FRANCHISEE and the Director fail to reach agreement to adjust the Rates as a result of Changes in Law or changes in Franchise Services or Franchise Standards as described in preceding item c of this subsection Al, COUNTY will have the option to terminate this AGREEMENT in accordance with Section 17D. a. Adjustment Due to Change in CPI. Beginning on July 1, of the second Calendar Year of the Term and thereafter on each succeeding July 1, the Service Component will be adjusted by 75 percent of the percent change, if any, between the following: the CPI during the 12 -month period commencing April 1 of the previous year to March 31, of the current year, and the CPI during the 12 -month period commencing April 1 of the next previous year to March 31, of the previous year, no greater than 5 percent, as confirmed by COUNTY'S Auditor -Controller. b. Adjustment Due to Change in DOE CNG or DOE Diesel The DOE CNG rate adjustment will apply only to the percentage of Vehicles in a fleet that use compressed natural gas. The DOE Diesel rate adjustment will apply only to the percentage of Vehicles in a fleet that use diesel. i. Adjustment Due to Change in DOE CNG. Beginning on July 1 of the second Calendar Year of the Term and thereafter on each succeeding July 1, the CNG Fuel Component will be adjusted by the percent change, if any, between the following: • the DOE CNG commencing April 1, of the previous year to March 31, of the current year , and • the DOE CNG published during the four quarter - period commencing in April of the next previous year and ending in January of the previous year as confirmed by COUNTY'S Auditor -Controller. (Table 2 in Attachment 1 of Exhibit 10) ii. Adjustment Due to Change in DOE Diesel. Beginning on July 1, of the second Calendar Year of the Term and thereafter on each succeeding July 1, the Diesel Fuel Page 77 Rates — EXHIBIT 10 Component will be adjusted by the percent change, if any, between the following: • the DOE Diesel during the 12 -month period commencing April 1 of the previous year to March 31 of the current year, and • the DOE Diesel during the 12 -month period commencing April 1 of the next previous year to March 31 of the previous year, C. Rate Adjustment Definitions. "CNG Fuel Component" means 5 percent of the Net Rate shown on the Rate Schedule times the percentage of Vehicles that use compressed natural gas. "CPI" means the Consumer Price Index for all Urban Consumers (Los Angeles -Riverside -Orange County) (Not Seasonally Adjusted) All items, Series ID CWURA421SA0, Base Period 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics at http://data,bls.gov/cqi-bin/surveymost. "Diesel Fuel Component" means 5 percent of the Net Rate shown on the Rate Schedule times the percentage of Vehicles that use diesel. "Disposal Component" means 30 percent of the Net Rate shown on the Rate Schedule. "DOE CNG" means the Nationwide Average Price for Fuel - Compressed Natural Gas Average Prices by Region from Clean Cities Sources, published quarterly in Energy Efficiency and Renewable Energy / Clean Cites Alternative Fuel Price Report from the United States Department of Energy website, http://www.eere.energy.gov/afdc/price_report.html or if that is permanently discontinued, another CNG price published by a state or the federal government selected by the Director. "DOE DIESEL" means the Diesel (On Highway) — Product/All Types for Area/California (Period: Annual) price published monthly in the Official Energy Statistics from the United States Department of Energy website, http://tonto.eia.doe.gov/dnav/pet/pet_pri_gnd_dcus_sca_m.htm, or if that is permanently discontinued, Producers Price Index — Commodities Fuels and related products and power / No.2 diesel fuel Series Id: WPU057303 published by the United States Bureau of Labor Statistics at http://data.bls.gov/cqi-bin/surveymost. "Net Rate" means Rate minus Franchise Fee. Page 78 Rates — EXHIBIT 10 "Service Component" means 65 percent of the Net Rate shown on the Rate Schedule. "Weighted Rate Adjustment Percentage" means sum of the adjustments due to changes in the CPI, DOE CNG, and DOE Diesel and disposal tipping fees calculated as provided in subsections A2a, Alb, and 4A3, respectively. d. Net Rate Adjustment Calculation. The Weighted Rate Adjustment Percentage, times the prior Net Rate, is added to the prior Net Rate to yield the adjusted Net Rate. A sample calculation is included in Section C of Attachment 1 of this Exhibit 10. e. Temporarily Discontinued Indices. If a price or index is temporarily discontinued on the date of adjustment, the last available price or index for the required period of time (such as calendar year or other 12 -month period) will be used. 3. Rate Adjustment for Changes in Disposal Facility Fees. Beginning on July 1, in the second full Calendar Year of the Term and thereafter on each succeeding July 1, the Disposal Component of Net Rates will be adjusted for any change in Disposal tipping fees charged FRANCHISEE by the Solid Waste Facility designated by FRANCHISEE in Franchisee Documentation during the period commencing on the Execution Date or April 1, of the prior year, as applicable, and ending on March 31, of the current year. FRANCHISEE must substantiate to the satisfaction of the Director that FRANCHISEE is experiencing that change in Disposal tipping fees. (For example, FRANCHISEE may have independently contracted for Disposal at a cost lower than posted tipping fees at the Solid Waste Facility designated by FRANCHISEE in Franchisee Documentation, or FRANCHISEE may own the Solid Waste Facility it designated for Disposal and consequently internalize Disposal costs lower than posted tipping fees at the Solid Waste Facility designated by FRANCHISEE in Franchisee Documentation. If FRANCHISEE does not substantiate to the satisfaction of the Director that FRANCHISEE is experiencing that change in Disposal tipping fees, the Disposal Component will not be adjusted.) A sample calculation is attached in Section B of Attachment 1 of this Exhibit 10. Page 79 Rates—EXHIBIT 10 ATTACHMENT 1 - RATE ADJUSTMENT EXAMPLES A. Section A2 of Exhibit 10: Annual increase or decrease in CPI, DOE CNG, or DOE Diesel. Table 1- Adjustment Due to Change in CPI (Section A2a of Exhibit 10). Calculate percent change April 1, 2006 - March 31, 221.64 in CPI (12 -month average, 2007 6.35/3= 2.12 April 1, 2007 - March 31, 228.59 not month-to-month) 2008, quarter 2008 Percent Change Percent Change 3.14% (not more than 5%) Adjustment to Service Fee 75 percent of percent 2.35% Component change in CPI Adjustment to CNG Fuel Component Table 2 - Adjustment Due to Change in DOE CNG (Section Alb of Exhibit 10). Calculate percent change June and October 2006 (2.30+1.99+2.06)/3= in DOE CNG (average of quarters in year — which may vary, not quarter -to- quarter) quarters and March 2007 quarter 6.35/3= 2.12 July and October 2007, quarters and January (2.29+2.33+2.44)/3= 7.06/3= ---------_ 70 percent of percent change in I DOE Diesel 7/10 Vehicles)* 2008, quarter 2.35 Percent Change (2.35-2.12)/2.12= 0.23/2.12=0.1085 10.85% Adjustment to CNG Fuel Component 30 percent of percent change in DOE CNG '3/10 0.30 X 10.85%= 3.25% Vehicles)* Table 3 — Adjustment Due to Change in DOE Diesel (Section A2b of Exhibit 10). Calculate percent change in DOE Diesel (12 -month average, not month-to-month) ARM 1, 2006 - March 31, 2007 271_66 April 1, 2007 - March 31, 2008 317.55 Percent Change -- --- 16.89 percent -- Adiustrm t to Diesel Fuel Component ---------_ 70 percent of percent change in I DOE Diesel 7/10 Vehicles)* 11.82 percent 'In this above example, the FRANCHISEE owns a total of 10 Vehicles, and 3 Vehicles use compressed natural gas and 7 Vehicles use diesel. Page 80 Rates — EXHIBIT 10 B. Section A11A3 of Exhibit 10: Changes in Disposal tipping fees. Table 4 — Adjustment Due to Change in Disposal Tipping Fees Disposal tipping fee charges on April 1, $24.00 2007 Weighted Rate Disposal tipping fee charges on $35.00 March 31, 2008 Adjustment Percent chane 45.83 percent C. Weighted Rate Adjustment Percentage (Section A2a, b and c of Exhibit 10). Table 5 — Sum of Adjustments Rate Component Relative weight of Adjustment due Weighted Rate Net Rate to change in Adjustment indices/change Percentage in disposal tipping fees Service Component (CPI) 65 percent of Net 2.35 percent 1.53 percent Rate CPI Fuel Component 5 percent of Net 3.25 percent 0.16 percent CNB Fuel Component Rate 11.82 percent 0.59 percent Diesel Fuel Component Disposal Component 30 percent of Net 45.83 percent 13.75 percent Rate Weighted Rate Adjustment 16.03 percent Percentage D. Adjusted Net Rate / Rate: Section Al, 2 and 3 (Annual increase or decrease in CPI /DOE Diesel/DOE CNG), (Changes in Disposal tipping fees). If the Weighted Rate Adjustment Percentage is 16.03 percent, then a hypothetical Net Rate of $17.00 would be adjusted as follows: $17.00 + [ 15.89 percent X $17.00) = $17.00 +$2.72 = $19.72= adjusted Net Rate The Franchise Fee is 10 percent; the adjusted (gross) Rate and the Franchise Fee would be calculated as follows: Page 81 Rates — EXHIBIT 10 {Adjusted Net Rate / [100 percent - Franchise Fee percent] = adjusted (gross) Rate {$19.72 ! [100 percent -10 percent]} = $21.91 $ 21.91 = adjusted Rate adjusted Rate — adjusted Net Rate = Franchise Fee $21.91 - $19.72 = $2.19 Page 82 Rates — EXHIBIT 10 ATTACHMENT 2 — RATE SCHEDULE (Customer Service Charges) RATE/SENIOR RATE MONTHLY RATE PER CUSTOMER FOR RESIDENTIAL PREMISES' AND MULTIFAMILY PREMISES: $20.88/$15.66 1. One 95 gallon Refuse Cart, and 2. Up to two 95 -gallon Recyclables Carts, and 3. Up to two 95 -gallon Green Waste Carts. ADDITIONAL SERVICE: 1. Manure (65 -gallon cart, once a week) $10.97/8.22 SURCHARGES: 1. Additional 96 -gallon Carts in excess of Basic $5.00/$3.75 Service 2. Alternatives to fully automated Carts for difficult -to -serve premises (bh3 or Exhibit 3A): 25 percent of Customer's monthly Net Rate. $5.22/$4.69 3. Each additional on-call pickup in excess of twice each year for residential premises (F2c of Exhibit 3A): $10.00/$10.00 4. Each additional on-call pickup in excess of twice each $10.00/$10.00 year for Multi -family premises (F2c of Exhibit 3A): 5. Roll-out Services (other than elderly or disabled) 50 percent of Customer's monthly Net Rate. $10.44/$7.83 Page 83 Liquidated Damages - EXHIBIT 18D2 EXHIBIT 18D2 - LIQUIDATED DAMAGES Reference to "failure" refers to each occurrence of specified Breach (such as for each Customer and each Customer's Collection site, Record entry, or complaint) and not for aggregate occurrences of those Breaches (such as for all Customers on a given route or day). 1 For each failure over five during any Contract Year (1) to clean $150 up litter in accordance with Section 4A1 or (2) comply with Section 4A2 (spills) or A3 (liquid leaks), respectively. 2 For each occurrence over 12 occurrences during any Contract $300 Year of excessive noise in contravention of Section 4A4. 3 Failure to maintain an emergency number or make staff $75/day available thereat in accordance with Section 4A5. 4 Failure to provide documentation for review or comment by $300 for each COUNTY or obtain any approval, consent or other permission failure per of COUNTY required under this AGREEMENT, including any occurrence or failure to timely submit, each day Customer correspondence under Section 4H before Publicity materials under section 411, retraction or News releases and trade journal articles related to correction of Franchise Services, under Section 412 misinformation Customer outreach materials under Section 6E and identified by Exhibit 3A, Section 132b. COUNTY 5 Each failure over one during any calendar month to return $500 COUNTY calls in accordance with Section 4J. 6 Each failure over one during any Contract Year to timely meet $500 with COUNTY in accordance with Section 4J. 7 Commingling materials from outside the Service Area with $400/ Solid Waste that FRANCHISEE Collects inside the Service Vehicle - Area, in contravention of Section 4K. occurrence 8 For each failure to follow its Unpermitted Waste Screening $500 Protocol in accordance with Section 6A. 9 For each failure to mark any Container with discard prohibitions $50 in accordance with Section 6D. 10 Failure to maintain telephone service in accordance with $75/day Section 7B. 11 For each failure to timely address Customer complaints in $100 accordance with Section 7D1. Page 84 Liquidated Damages - EXHIBIT 18D2 12 For each failure over five occurrences during any Contract Year $300 to timely Collect from missed Containers in accordance with Section 7D1. 13 For each failure to enter log of and maintain and supply $100 Records of complaints in accordance with Section 7D2. 14 For each failure over 5 occurrences during any Contract Year to $100 E-mail complaint information to COUNTY in accordance with Section 7D2. 15 For each occurrence of charging any Customer more than the $100 Customer owes for Franchise Services (such as for the wrong level of Franchise Services) or charging any Customer in excess of scheduled Rates (such as the incorrect dollars/Container), in Breach of Section 10. 16 Failure to timely allow COUNTY to inspect, audit or copy $150 Records in accordance with Section 11C. 17 Failure to timely submit AB 939 Records in format required by $150 COUNTY in accordance with Section 12B. 18 For each occurrence over five occurrences during any Contract 5150 Year of damage to private property in contravention of Section 20C. 19 If FRANCHISEE violates the nondiscrimination provisions of $500 this AGREEMENT, including Section 23E. 20 Failure of any Vehicle to deliver Solid Waste to the Solid Waste $300/ Facilities designated by FRANCHISEE in accordance with Vehicle -day Exhibit 3A and Franchisee Documentation. 21 For each occurrence over five occurrences during any Contract $250 Year of Collecting any Solid Waste during unauthorized hours prohibited under Section B1 of Exhibit 3A. 22 For each failure over 5 occurrences during any Contract Year to $300 timely respond to Container service requests (including delivery and exchanges, removal, repair and replacement) in accordance with Section B3a, b, and c of Exhibit 3A. 23 For each failure over 12 occurrences during any Contract Year $150 to equip Carts with operable lids or return Carts upright in breach of Section 83c and a of Exhibit 3A. 24 For each failure to timely remove graffiti in accordance with $150 Section 133 of Exhibit 3A. 25 For each failure to timely repair or replace carts in accordance $35 with Section Bac of Exhibit 3A. 26 For each occurrence over 10 during any Contract Year of failing $150 to return emptied Containers to their Set -Out Sites, or placing Containers in site that impedes pedestrian or vehicular traffic in contravention of Section B6 of Exhibit 3A. 27 For each failure over 3 during any Contract Year to provide $100 Recyclables or Green Waste services to any Customer in accordance with Sections D and E of Exhibit 3A. Page 85 Liquidated Damages— EXHIBIT 18D2 28 For each occurrence of disposing of Recyclables or mixing $100 2 Rec clables with Refuse in Breach of Section D6 in Exhibit 3A. $200/da 29 Any other liquidated damage in Exhibit 3A. As scheduled 4 Failure to report adverse information in accordance with Section 13C, B, D, and E. in Exhibit 3A Reporting. If FRANCHISEE does not timely submit the applicable information, documentation or complete report or incorporate comments, additions and corrections made by COUNTY within five days of receipt of those comments, additions and corrections, it shall pay the following liquidated damages. COUNTY may assess the following amounts of liquidated damages for each late day. 1 Monthly reports in accordance with Section 13A1, B, D, and E. $100/da 2 Quarterly reports in accordance with Section 13A2, B, D, and E. $200/da 3 Annual reports in accordance with Section 13A3, B, D, and E $300/da 4 Failure to report adverse information in accordance with Section 13C, B, D, and E. $300/ occurrence 5 Failure to deliver Route maps and schedules in accordance with Section B6 of Exhibit 3A. $100/ day By placing initials below at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of liquidated damage provisions of the time that this AGREEMENT was made. FRANCHISEE ��/ COUNTY Initial Here: _ �I�1- Initial Here: Page 86 Authorized Representatives - EXHIBIT 20G EXHIBIT 20G - AUTHORIZED REPRESENTATIVE OF COUNTY'S ACTING DIRECTOR OF PUBLIC WORKS Name: Virginia Maloles Telephone Number: (626) 458-3562 Facsimile Number: (626) 458-3593 E-mail Address: vmaloles(o)dpw.lacounty.gov Address for Notices by Mail: County of Los Angeles Department of Public Works Environmental Programs Division 900 South Fremont Avenue Alhambra, California 91803 Facsimile Number: (626) 458-3593 E-mail: County Office Hours: 7 00 a m. to 5:30 p.m. Established by Acting Director: Signature: Of Printed Name: «n Date: /61'30 —Osl Acknowledged by��d4NC�IS Signature: Printed Name d Title: r &CL6 an i -.r O I � j A � cG Truss, yrs, ,"( Date: I (p % 4 /0 St Page 87 Franchisee's Representations and Warranties — EXHIBIT 20H EXHIBIT 20H - FRANCHISEE'S REPRESENTATIONS AND WARRANTIES 7. Status. FRANCHISEE is a California Corporation duly organized, validly existing and in good standing under the laws of and is qualified to do business in the State of California with full power and authority to execute and deliver this AGREEMENT and to perform the its Performance Obligations. This AGREEMENT has been duly executed and delivered by FRANCHISEE and constitutes a legal, valid and binding obligation of FRANCHISEE enforceable against FRANCHISEE in accordance with its terms. 2. Statements and Information. All information and documentation complied, drafted, made or otherwise delivered to COUNTY by or on behalf of FRANCHISEE in connection with this AGREEMENT, including its procurement, is correct and complete in all material respects as of the Execution Date and at the time originally submitted by FRANCHISEE to COUNTY. 3. No Conflicts. Neither the execution or delivery by FRANCHISEE of this AGREEMENT, the performance by FRANCHISEE of Franchise Services, nor the fulfillment by FRANCHISEE of the terms and conditions of this AGREEMENT: (1) conflicts with, violates or results in a breach of any Applicable Law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which FRANCHISEE is a party or by which FRANCHISEE properties or assets are bound, or constitutes a default thereunder. 4. No Approvals Required. FRANCHISEE has obtained and maintains all Permits in full force and effect during the Term. No other approval, authorization, license, permit, order, or consent of, or declaration, registration, or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this AGREEMENT by FRANCHISEE, except those as have been duly obtained from its governing body, FRANCHISEE shall immediately provide Notice to the Acting Director of any notice of violation, revocation or suspension of any permit. 5. No Litigation. As of the Execution Date, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of FRANCHISEE'S knowledge, threatened, against FRANCHISEE wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely affect the performance by FRANCHISEE of its obligations under this AGREEMENT or in connection with the transactions contemplated by this AGREEMENT, or which, in any way, would adversely affect the validity or enforce ability of this AGREEMENT or any other agreement or instrument entered into by FRANCHISEE in connection with the transactions contemplated by this AGREEMENT. -..- :: Franchisee's Representations and Warranties — EXHIBIT 20H 6. Due Diligence. As of the Execution Date, FRANCHISEE has made an independent investigation, examination and research satisfactory to it of the conditions and circumstances surrounding this AGREEMENT and best and proper method of providing Franchise Services (including Franchise Services types) and labor, equipment, and materials for the volume of Franchise Services to be provided. FRANCHISEE agrees that it shall make no claim against COUNTY based on any estimates, statements or interpretations made by any officer, employee, agent, or consultant of COUNTY in connection with the procurement of this AGREEMENT, which proves to be in any respect erroneous. 7. Compliance with Applicable Law. As of the Execution Date, FRANCHISEE has fully complied with all Applicable Law, including law relating to conflicts of interest and County Lobbyist Ordinance, in the course of procuring this AGREEMENT. 8. Ability to Perform. FRANCHISEE possesses the business, professional and technical capabilities to provide Franchise Services; and possesses the equipment, facility and employee resources required to fully and timely perform Franchise Services. 9. Contingent Fees. No Person, including a selling agency, has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by FRANCHISEE for the purpose of securing business. 10. Opportunity to Comment. FRANCHISEE had the opportunity to submit comments and recommended changes during the procurement process, during meetings convoked by COUNTY with the denominated "Working Group" whose members received copies of the drafts of the form of agreement or during the procurement of this AGREEMENT. 11. Solid Waste Facilities. a. The Solid Waste Facility or Facilities that FRANCHISEE designates in Franchisee Documentation for Disposal is a disposal facility that is permitted to accept and process Refuse in accordance with Applicable Law. b. The facility or facilities that FRANCHISEE designates in Franchisee Documentation for delivery of Recyclables is a materials recovery facility that is permitted to accept and process Recyclables in accordance with Applicable Law. C. The facility or facilities that FRANCHISEE designates in Franchisee Documentation for delivery of Green Waste is a facility that is permitted to accept and process Green Waste in accordance with Applicable Law. Page 89 Franchisee's Representations and Warranties — EXHIBIT 20H 12. Franchisee Documentation. As of the Execution Date, the Franchise has submitted all Franchisee Documentation in accordance with Exhibit 3D. 13. Personnel. FRANCHISEE fully complies with all federal and state statutes and regulations regarding employment of aliens and others, and all of its employees performing Franchise Services meet the citizenship or alien status requirements set forth in federal and state statutes and regulations. Page 90 Franchisee Documentation — EXHIBIT 3D EXHIBIT 21 - DEFINITIONS AB 939 means the California Integrated Waste Management Act of 1989, California Public Resources Code § 40000 et seq. Affiliate means a Person that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with FRANCHISEE. For the purpose of this definition, the meaning of the term "control" will be governed by Rule 144 of the Securities Act of 1993. AGREEMENT means this agreement, including all exhibits and other attachments, which exhibits and other attachments are incorporated in this agreement by reference. Annual Report is described in Section 13A3. Applicable Law means all laws, statutes, rules, regulations, guidelines, Permits, actions, determinations, orders, or requirements of the United States, State of California, COUNTY (including its County Code together with rules and regulations promulgated thereunder and COUNTY'S Integrated Waste Management Plan), the Local Enforcement Agency, California Highway Patrol, South Coast Air Quality Management District, and other regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern Franchise Services or the performance of the Parties' respective obligations under this AGREEMENT, including those that concern health, safety, fire, mitigation monitoring plans, building codes, and zoning, and further including the following: 1. Vehicles: a. California Health and Safety Code § 43000 et seq., with respect to air emissions (smog checks); b. California Vehicle Code § 27456b, with respect to tires; C. California Vehicle Code § 34500 et seq., with respect to documentation through its maintenance log or otherwise of a safety compliance report issued under Division 14.8 of the California Vehicle Code as applicable to each Vehicle, including bi-annual "BIT" inspections conducted by the California Highway Patrol; d. Rules and regulations promulgated under the California Vehicle Code with respect to Vehicle highway lighting, flashing and warning lights, clearance lights, and warning flags; e. Rules and regulations of the California Department of Motor Vehicles with respect to Vehicle registration; 4 Definitions — EXHIBIT 21 f. Vehicle weight limits; g. The appropriate class of drivers' licenses issued by the California Department of Motor Vehicles; h. Control Measure for Diesel Particulate Matter from On -road Heavy- Duty Residential and Commercial Solid Waste Collection Vehicles, 13 CCR 2020 et seq.; and i. 14 CCR 17341, 17342, 17343 and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment; 2. Containers: a. 14 CCR 17314, with respect to maintenance and placement of containers; and b. 14 CCR 17317, with respect to placing identifying name and telephone number on containers; 3. Labor: a. Drug and alcohol testing; b. Occupational Safety and Health Act (29 U.S.C. § 651 et seq.), including the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9,1991 (40 C.F.R., Parts 257 and 258); and California Occupational Safety and Health Act (California Labor Code, Division 5, Parts 1-10, § 6300 et seq.), and rules and regulations of California Division of Occupational Safety and Health, and C. Immigration Reform and Control Act of 1986 (PL.99-603); 4. Environmental Protection: a. CERCLA; c. Clean Air Act (42 U.S.C. § 1351 et seq., 42 U.S.C. §§ 7401-7642); and California Clean Air Act (California Health and Safety Code § 39000 et seq.); d. California Hazardous Waste Control Act (California Health & Safety Code § 25100 et seq.); 92 Definitions — EXHIBIT 21 e. California Hazardous Materials Release Response Plan and Inventory Act (California Health & Safety Code, Division 20, Chapter 6.95, § 25500 et seq.); f. Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health & Safety Code § 25300 et seq.); and g. Emergency Planning and Community Right to Know Act (42 U.S.C. § 11001 et seq.); and 5. Miscellaneous: a. County Lobbyist Ordinance; b. Civil Rights Act of 1964 (Sub chapter VI of Chapter 21 of Title 42); and C. AB 939. Reference to Applicable Law includes future amendments and supplements to or replacement, restatement or recodification thereof. Assign or Assignment means any of the following: 1. Selling, exchanging, or otherwise transferring Ownership or control of FRANCHISEE (through sale, exchange, or other transfer of outstanding stock, equity interest, or otherwise); 2. Issuing new stock or selling, exchanging, or otherwise transferring 20 percent or more of the then outstanding common stock of or equity interest in FRANCHISEE; 3. Any dissolution, reorganization, consolidation, merger, recapitalization, stock issuance, or reissuance, voting trust, pooling agreement, escrow arrangement, liquidation, or other transaction, which results in a change of Ownership or control of FRANCHISEE; 4. Any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment of an execution, or appointment of a receiver taking possession of any of FRANCHISEE'S tangible or intangible property; 5. Any sale or other transfer of 50 percent or more of the value of assets of FRANCHISEE except for sales or transfers to parents, grandparents, siblings, children, and grandchildren of individuals having a shareholder or other equity interest in Franchise as of the date of this AGREEMENT ("Immediate Family") or trust created primarily to benefit members of the Immediate Family; 93 Definitions — EXHIBIT 21 6. Substitution by a surety company providing any performance bond in accordance with Section 15 of another Person for FRANCHISEE to perform Franchise Services; or 7. Any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any transfer or change of Ownership or control of FRANCHISEE or the assumption, assignment, delegation, takeover or performance of any of FRANCHISEE'S Performance Obligations, duties, or responsibilities by any Person other than FRANCHISEE, whether through assignment, subcontract (except as provided in Exhibit 3A), delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever. Bin means any container capable of Collection with front end loading vehicles, such as those having a 3- to 8 -yard capacity. Board of Supervisors means the Board of Supervisors of the County of Los Angeles. Breach means FRANCHISEE'S failure to fully and timely meet one or more Performance Obligations. Bulky Item means any large item of Solid Waste that can be safely lifted by two individuals using a dolly, including the following: 1. Discarded furniture (such as chairs, sofas, mattresses, and rugs); 2. Appliances (such as refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, and other similar items commonly known as "white goods"); and 3. Up to two tires per Set -Out Site from passenger cars or pickup trucks. Notwithstanding the foregoing, Bulky Item does not include tires from semi -trucks or Universal Waste. Cart means any wheeled container capable of Collection by either semi or fully automated vehicles. CED means any of the following: 1. Cathode ray tube (CRT) device (including television and computer monitor); 2. LCD desktop monitor; 3. Laptop computer with LCD display; 4. LCD television; 5. Plasma television; 6. Any other consumer electronic devices listed under Applicable law. M. Definitions— EXHIBIT 21 CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42 U.S.C. § 9601 et seq.). Change in Law means the occurrence of any event or change in Applicable Law as follows: 1. The adoption, promulgation, modification, or change in Applicable Law or in judicial or administrative interpretation thereof occurring after the Execution Date other than laws with respect to taxes based on or measured by net income, or any unincorporated business, payroll, franchise taxes levied by any tax board (other than Franchise Fees levied by COUNTY) or employment taxes; 2. Any order or judgment of any federal, state, or local court or Regulatory Agency issued after the Execution Date hereof if: a. That order or judgment is not also the result of the willful misconduct or negligent action or inaction of the Party relying thereon or of any third party for whom the Party relying thereon is directly responsible; and b. The Party relying thereon, unless excused in writing from so doing by the other Party, will make or have made, or will cause or have caused to be made, Reasonable Business Efforts to contest that order or judgment (it being understood that the contesting in good faith of that an order or judgment will not constitute or be construed as a willful misconduct or negligent action of that Party); 3. The imposition by a Regulatory Agency of any new or different material conditions in connection with the issuance, renewal, or modification of any Permit after the Execution Date; or 4. The failure of a Regulatory Agency to issue or renew, or delay in the issuance or renewal of, or the suspension, interruption or termination of, any Permit after the Execution Date; provided that the failure to issue or the suspension or termination of any Permit is not the result of the willful misconduct or negligent action or inaction of the Party relying thereon or any third party for whom the Party relying thereon is directly responsible. Collect, Collection, or Collecting means Solid Waste pickup(s) made by FRANCHISEE required by and in accordance with this AGREEMENT. Commercial means Person or thing that is not Residential or Multifamily. Commercial Customer means Customer who owns or occupies Commercial Premises. Commercial Premises means Premises that are not Residential Premises or Multifamily Premises, including stores; offices; industrial plants; private schools; F'F'1 Definitions — EXHIBIT 21 restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers and nursing homes (with respect to nonmedical waste only). Container means any Bin, Cart, compactor or other receptacle used to provide Collection. Contract Year means each year or portion of a year during the Term commencing July 1 and ending June 30. Conversion means an array of emerging technologies capable of converting the organic or carbon -containing materials portion of post -recycling residual solid waste and turning it into useful products, including renewable and environmentally benign fuels, chemicals, and other sources of clean energy. COUNTY means the County of Los Angeles. County Business Day means any day on which COUNTY'S Department of Public Works is open to do business with the public. County Code means the Los Angeles County Code. County Lobbyist Ordinance means County Code Chapter 2.160. County Office Hours means hours that COUNTY is open to do business as indicated in Exhibit 20G. County's Reimbursement Costs means Direct Costs of COUNTY plus 35 percent thereof. County's Related Parties means political subdivisions, agencies, entities, or organizations for which the Board of Supervisors is the governing body, their agents, officers, and employees, elected officials, assigns, volunteers, and special districts (including Garbage Disposal Districts) and each and every one of them. County's Related Parties are third party beneficiaries of provisions in this AGREEMENT that reference them. Criminal Activity means any of the following: 1. Fraud or criminal felony offenses in connection with obtaining, attempting to obtain, procuring, or performing a public or private agreement related to recyclables, green waste or MSW Management Services of any kind (including collection, hauling, transfer, processing, composting, or disposal), including this AGREEMENT; 2. Bribery or attempting to bribe a public officer or employee of a local, state, or federal agency; RM Definitions — EXHIBIT 21 3. Embezzlement, extortion, racketeering, false claims, false statements, forgery, falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; 4. Unlawful disposal of hazardous, designated or other waste; or 5. Violation of securities laws or antitrust laws, including laws relating to price-fixing, bid rigging and sales and market allocation, and of unfair and anticompetitive trade practice laws, including with respect to inflation of waste collection, hauling or disposal fees. Customer means a Person who subscribes for Collection from FRANCHISEE. Customer Service Charge means the rates, fees, charges, and other compensation that FRANCHISEE bills a Customer for providing Collection. day means calendar day. Debarment or Debar has the meaning assigned in County Code § 2.202.020. Direct Costs means the sum of the following: Payroll costs directly related to the performance, management or supervision of any obligation under this AGREEMENT, comprised of compensation and fringe benefits, including vacation, sick leave, holidays, retirement, workers compensation insurance, federal and state unemployment taxes and all medical and health insurance benefits, plus; 2. The costs of materials, services, direct rental costs and supplies, plus; Travel and subsistence costs, plus; 4. The reasonable costs of any payments to Subcontractors (with respect to FRANCHISEE) or contractors (with respect to COUNTY) or third parties necessary to and in connection with Performance Obligations, plus; Any other cost or expense which is directly or normally associated with the task performed; which Direct Costs are substantiated by (i) a certificate signed by the principal financial officer of FRANCHISEE or the authorized representative of COUNTY, as the case may be, setting forth the amount of that cost and the reason why that cost is properly chargeable to COUNTY or FRANCHISEE, as the case may be, and stating that the cost is a competitive price, if there are competitive prices, secured in an arm's length transaction for the service or materials supplied; and (ii) if COUNTY or FRANCHISEE, as the case may be, requests that additional backup documentation as may be available to reasonably substantiate any Direct Costs, including invoices from suppliers, Subcontractors and contractors. 97 Definitions — EXHIBIT 21 Direct Costs excludes profit or return on investment. Acting Director means the County of Los Angeles Acting Director of Public Works or his or her authorized representative, including the authorized representative named in Exhibit 20G. disposal or dispose means disposal, as defined in California Public Resources Code § 40192, of refuse at a solid waste facility. Disposal or Dispose means disposal, as defined in California Public Resources Code § 40192, at a Solid Waste Facility of Refuse that FRANCHISEE has collected. diversion or divert means activities that reduce or eliminate the amount of solid waste from disposal for the purposes of Division 13 of the California Public Resources Code, including Article 1 (commencing with § 41780). Diversion or Divert means activities that reduce or eliminate the amount of Solid Waste from Disposal for the purposes of Division 13 of the California Public Resources Code, including Article 1 (commencing with § 41780). E -waste means waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, and calculators. Execution Date means the date this AGREEMENT is signed by FRANCHISEE. Franchise means the right and privilege granted by this AGREEMENT in Section 1. FRANCHISEE means the Person executing this AGREEMENT and any assignee of FRANCHISEE consented to by COUNTY in accordance with Section 19. FRANCHISEE includes FRANCHISEE'S Subcontractors unless explicitly provided otherwise. References to ail FRANCHISEE'S actions and Performance Obligations under this AGREEMENT include reference to Subcontractors' actions under this AGREEMENT, as applicable, without specifying in each instance that FRANCHISEE shall directly take those actions itself, or cause its Subcontractors to take those actions on FRANCHISEE'S behalf. Franchisee Default is described in Section 17. Franchisee Documentation means Exhibit 3D. Franchisee Manager means any of the following: FRANCHISEE'S officers and directors; Definitions — EXHIBIT 21 2. The officers and directors of FRANCHISEE'S parent corporation and of each successive parent corporation's parent corporation; 3. The authorized representative of FRANCHISEE named in Franchisee Documentation; and 4. Any other Persons, including Affiliates and FRANCHISEE'S or Affiliates' employees, officers or directors, in a Position of Influence. Franchisee Office Hours means 8:00 a.m. to 5:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturdays, Holidays excepted. Franchise Fee means the fee described in Section 1 D. Franchise Services means all Performance Obligations prescribed in Exhibit 3A, Section 4D, E, and F, and Section 7. Franchisee's Related Parties means FRANCHISEE'S partners, officers, directors, agents, employees, Subcontractors, consultants, licensees, invitees, and Affiliates. Garbage Disposal District means a district created under County Code Chapter 20.90 Goods or Services means goods or services used in providing Franchise Services, including labor; leases; subleases; equipment; supplies; capital; insurance, bonds or other performance security if the insurer, surety or other provider is an Affiliate or a captive of FRANCHISEE or any Affiliate; and legal, risk management, general, and administrative services. green waste means solid waste comprised of leaves, grass clippings, brush, branches, and other forms of organic matter generated from landscapes and gardens and separated from other forms of solid waste. Green Waste means Solid Waste comprised of leaves, grass clippings, brush, branches, and other forms of organic matter generated from landscapes and gardens and separated from other forms of Solid Waste, including holiday trees and bushes, but excluding: 1. Stumps or branches exceeding 4 inches in diameter or 4 feet in length; and 2. Yucca or palm fronds, unless FRANCHISEE is able to Divert those excluded materials that may not be suitable for composting. 3. Other items listed in Section B16 of Exhibit 3D, Franchisee Documentation. Gross Receipts means fees, charges, and other compensation that FRANCHISEE or Franchisee's Related Parties receive directly or indirectly from Customers in connection with Franchise Services before any deduction for costs or expenses such as the Definitions — EXHIBIT 21 Franchise Fee. Gross Receipts does not mean fees, charges, and other compensation that FRANCHISEE or Franchisee's Related Parties receive in connection with the sale of Recyclables. Holidays means January 1, Memorial Day December 25 and any other holidays FRANCHISEE. 4th of July, Labor Day, Thanksgiving, and designated by COUNTY in Notice to including or include or variations thereof, when used in this AGREEMENT, means "including without limitation", "including, but not limited to," and "including, at a minimum." Indemnities or Indemnification means all defenses, indemnities, and releases under this AGREEMENT, including under Section 14A (generally, and with respect to the Immigration Reform and Control Act and Cal/OSHA). Liabilities means any of the following: 1. Liabilities; 2. Lawsuits; 3. Claims; 4. Complaints; 5. Cause of actions; 6. Citations; 7. Investigations; 8. Judgments; 9. Demands; 10. Cleanup orders; 11. Damages (whether in contract or tort, including: a. Personal injury to or death of, at any time, FRANCHISEE'S employees, Subcontractors, COUNTY employees or third parties; and b. Property damage of FRANCHISEE, Subcontractors, COUNTY employees or third parties); 12. Costs and expenses, (including all costs and expenses of litigation, mediation or arbitration, attorneys fees, whether COUNTY'S or FRANCHISEE'S staff attorneys or outside attorneys, and court costs); 13. Losses; 14. Fines; 15. Penalties; and 16. Other detriments of every nature and description whatsoever, whether under State of California or federal law. Local Enforcement Agency means the enforcement agency defined in County Code § 20.56.030. "Manure" means Refuse comprised of animal dung or excrement, and may include straw or other absorbent. 100 Definitions — EXHIBIT 21 Monthly Report is described in Section 13A1. MSW Management Services means any of the following: 1. Collection, transportation, storage, transfer, or processing of: a. solid waste; or b. Unpermitted Waste that is handled in accordance with Applicable Law (such as tires in excess of load limits certain E -waste or CEDs collected as part of a Collection program for Bulky Items described in Exhibit 3A); or 2. Arranging for disposal of that solid waste or Unpermitted Waste. Multifamily means related to dwellings with three or more dwelling units (such as apartments, condominiums, and town homes), each with separate cooking and bathing facilities. Multifamily Customer means Customer who owns or occupies Multifamily Premises. Multifamily Premises means Premises containing a Multifamily building. Non -Collection notice means the notice in the form included in Franchisee Documentation in accordance with Section 4C. Notice means notice given in accordance with Section 20F. Office means FRANCHISEE'S offices required by Section 7A to be identified in Franchisee Documentation. Ownership has the meaning provided in the constructive ownership provisions of the Internal Revenue Code of 1986 § 318(a) as in effect on the Execution Date, except that (1) 10 percent is substituted for 50 percent in § 318(a)(2)(C) and in § 318(a)(3)(C) thereof; (2) § 318(a)(5)(C) is disregarded, and (3) ownership interest of less than 10 percent is disregarded and percentage interests is determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. Party or Parties means COUNTY and FRANCHISEE, individually and together, respectively. Performance Obligations means each and every obligation and liability of FRANCHISEE under this AGREEMENT. Permit means any federal, state, county, other local, and any other governmental unit permit, order, license, approval, authorization, consent, or entitlement of whatever kind and however described that Applicable Law requires to be obtained or maintained with 101 Definitions — EXHIBIT 21 respect to the satisfaction of Performance Obligations, as renewed or amended from time to time, including the waste collector permit issued by the Los Angeles County Department of Health Services. Person means any individual, firm, association, organization, partnership, corporation, trust, joint venture, state, county, municipality, special purpose district, the United States or any other entity. Position of Influence means a position of authority or responsibility to directly or indirectly administer, manage, direct, supervise or oversee the Franchise Services or this AGREEMENT, including the following: (1) serving as director of the board of directors of FRANCHISEE or an Affiliate, (2) serving as an officer of FRANCHISEE or an Affiliate, (3) reviewing or negotiating FRANCHISEE'S contracts (including this AGREEMENT), (4) providing in-house legal services, and (5) providing insurance or other performance security if the provider is an Affiliate or is a captive of FRANCHISEE or an Affiliate; but excluding the following: (1) monitoring FRANCHISEE'S performance, (2) supervising FRANCHISEE'S finance and capital budget decisions, and (3) articulating general policies and procedures not related to a Criminal Activity. Premises means a tract of land with habitable buildings located in the Service Area and which is safely accessible by Vehicles. processing means the reduction, separation, recovery, conversion or Recycling of Solid waste, including creating "compost" as defined in California Public Resources Code § 40116. Processing means the reduction, separation, recovery, conversion or Recycling of Solid Waste, including creating "compost" as defined in California Public Resources Code § 40116. prompt or promptly means as soon as practicable, but in no event more than two days. Quarterly Report is described in Section 13A2. Rates means the amounts listed on the Rate Schedule Rate Schedule means Attachment 1 to Exhibit 10. RCRA means the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) Reasonable Business Efforts means those good faith efforts a reasonably prudent business Person would expend under the same or similar circumstances in the exercise of that Person's business judgment, intending to take steps calculated to satisfy the obligation, which that Person has undertaken to satisfy. Definitions — EXHIBIT 21 Records means documentation relating to Franchise Services and other Performance Obligations, including ledgers, books of account, invoices, vouchers, canceled checks, logs, correspondence, computations, files, plans, correspondence, reports, drawings, designs (other than those respecting facilities or facility operations not involving Collection), data and photographs prepared by or possessed by FRANCHISEE, including the following: 1. Customer Subscription Order and Franchise Services information (including Customers' names and addresses), billing records, complaint logs, route maps, schedules, and correspondence with Customers; 2. Weight tickets, invoices, bills of lading, and receipts from Solid Waste Facilities for types and amounts of Solid Waste that FRANCHISEE Collects, transports and delivers to those Solid Waste Facilities; 3. AB 939 records, including documentation from Recyclables and Green Waste transporters, shippers, brokers, beneficiators, remanufacturers, and purchasers or other users of Recyclables and Green Waste; any reports on Processing of Recyclables or Green Waste residual that Solid Waste Facilities may make to the California Integrated Waste Management Board; 4. Vehicle maintenance, driver Permits and driver testing records; 5. Gross revenues and receipts, including Gross Receipts; 6. Franchise Fees paid to COUNTY; and 7. Records that may be relevant in the event of an action under CERCIA or similar claims. recyclables means Solid Waste that may potentially be diverted for disposal. Recyclables means any of the following materials: 1. Aluminum and metal cans; 2. Newspaper; 3. Glass jars and bottles; 4. Tin cans; 5. Plastic soda bottles; 6. Plastic milk and water jugs; 7. Plastic bags (e.g., bread, frozen food, grocery bags); 103 Definitions — EXHIBIT 21 S. Type No. 1 plastic containers (PET -polyethylene terephthalate); 9. Type No. 2 plastic containers (HDPE -high density polyethylene); 10. All types of paper (e.g., office paper, junk mail, magazines, telephone books); 11. Corrugated cardboard; 12. White goods (such as those listed in the definition of Bulky Items); or 13. Additional (or deleted) items that COUNTY directs after Notice to FRANCHISEE, without adjustment of Rates unless the modification requires Franchise Services at the Set -Out Sites separate and distinct from previously Collected Recyclables. recycle or recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials (including recyclables and green waste) that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the market place. Recycling does not include transformation, as defined in California Public Resources Code § 40201. Recycle or Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials (including Recyclables and Green Waste) that would otherwise become Solid Waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the market place. Recycling does not include transformation, as defined in California Public Resources Code § 40201. refuse means solid waste that is not diverted. Refuse means Solid Waste that FRANCHISEE does not Divert Regulatory Agency means any federal, state or local governmental agency that regulates Collection and transportation of Solid Waste (including California Department of Transportation, California Department of Motor Vehicles, EDD, U.S. Immigration and Naturalization Services, or other health and safety department thereof; COUNTY; and Local Enforcement Agency applicable to Franchise Services). Report means Monthly Report, Quarterly Report, Annual Report and any AB 939 or other report FRANCHISEE is required to submit in accordance with this AGREEMENT. Residential means related to detached, single family homes or duplexes. Residential Customer means Customer who owns or occupies a detached, single family home or a unit in a duplex. Residential Premises means Premises containing a Residential building 104 Definitions — EXHIBIT 21 Service Area means the area described on Exhibit 1 Service Assets means all property of FRANCHISEE used directly or indirectly in performing Franchise Services, including Vehicles, Containers, maintenance equipment and facilities, and administrative equipment and software, both tangible and intangible (such as facility leases or equipment installment purchase agreements). Service Day means any day Monday through Saturday, Holidays excepted. Service Specifications means Performance Obligations prescribed in Exhibit 3A. Service Standards means each and every obligation of FRANCHISEE prescribed in Section 4. Set -Out Site means the place designated in the Subscription Order in accordance with Section 4D and County Code § 20.72.100, where Customers must place their Solid Waste for Collection. solid waste means solid waste as defined in California Public Resources Code § 40191, including green waste, recyclables and refuse, but excluding Unpermitted Waste. Solid Waste means solid waste as defined in California Public Resources Code § 40191 that is Collected in the Service Area, including Green Waste, Recyclables and Refuse, but excluding Unpermitted Waste. solid waste facility means solid waste facility as defined in California Public Resources Code § 40194 (and any other types of facilities named by COUNTY). Solid Waste Facility means solid waste facility as defined in California Public Resources Code § 40194 (and any other types of facilities named by COUNTY) and designated by FRANCHISEE in Franchisee Documentation. Subscription Order is described in Section 4D. Subcontractor means any Person that provides Goods or Services related to Collection, transportation or storage of Solid Waste or related to Service Assets, including their operation, maintenance and repair, to or on behalf of FRANCHISEE whether pursuant to any arrangement, formal or informal, written or merely in practice. Subcontractor does not include a Person that provides Goods or Services related to Processing, Diversion or Disposal. Term means the period determined under Section 2 of this AGREEMENT. Termination Date means the date this AGREEMENT expires as provided in Exhibit 3A in accordance with Section 2A or as earlier terminated in accordance with Section 17D. 105 Definitions — EXHIBIT 21 Ton or Tonnage means a short ton of 2,000 pounds avoirdupois. Transfer means Assign, transfer, convey, sublet, license, hypothecate, encumber, or otherwise transfer or dispose of. Transfer Costs means County's Reimbursement Costs of considering and reviewing FRANCHISEE'S request for Transfer, investigating the suitability of the transferee, and determining whether or not to give consent to the Transfer, including fees of consultants and attorneys necessary to analyze the application and to prepare documents to effectuate the Transfer as well as COUNTY staff costs. Transfer Deposit means the amount equal to COUNTY'S anticipated Transfer Costs. Uncontrollable Circumstances means any of the following events: Riots, war, or emergency affecting the Country declared by the President of the United States or Congress of the United States, the Governor of California, or the Board of Supervisors; 2. Sabotage, civil disturbance, insurrection, explosion; 3. Natural disasters such as floods, earthquakes, landslides and fires; 4. Strikes, lockouts and other labor disturbances; or 5. Other catastrophic events that are beyond the reasonable control of FRANCHISEE despite FRANCHISEE'S exercise of due diligence, excluding (i) the financial inability of FRANCHISEE to satisfy its Performance Obligations, or (ii) failure of FRANCHISEE to obtain any necessary Permits or the right to use the facilities of any public entity. Universal Waste means hazardous waste that the California Department of Toxic Substances Control considers universal waste, including materials listed in 22 CCR 66261.9, such as batteries, thermostats, lamps, cathode ray tubes, computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, some appliances, aerosol cans and certain mercury -containing devices. Unpermitted Waste means: Materials that are not Solid Waste, including Universal Waste, household hazardous waste and other hazardous waste, medical waste, radioactive waste; 2. Waste tires in excess of the limitations prescribed in 14 CCR 17355(b) or reduced in volume as required in 14 CCR 17355(A); 106 Definitions — EXHIBIT 21 3. Any other materials that cannot be Disposed of in class II sanitary landfills described in 27 CCR 20250. Unpermitted Waste Screening Protocol means the protocol prescribed in Section 6 and included in Franchisee Documentation. Vehicle means any truck used by FRANCHISEE to provide Franchise Services. Violation of Applicable Law means any noncompliance with Applicable Law as evidenced by notice, assessment or determination of any Regulatory Agency to FRANCHISEE, whether or not a fine or penalty is included, assessed, levied or attached. Waste Diversion Program means that program required by Section 132 of Exhibit 3A and included in Franchisee Documentation. P:�aspub\CONTRACTUeanetteTRANCHISE AGREEMENTSQ007Tranchisee DocumentabontsCmgreement_SCV_Reviseo 3-11-0e.DOC 107 EXHIBIT `B„ (Boundaries and description of Annexed Areas) LA #4850-3185-2816 vl HOA.961206.1 (� EXHIBIT "B" Page 1 of 40 AA I EXHIBIT `B>, _ LEGAL PESCRIP ON ANNEEATION NO. 2010-10 TO THE CITY OF SANTA CLARITA TOPPERSTONE" That, portion of the Rancho San Francisco' in the County of Los _�rigeles, i state of Caliior'nia as shown on map recorded in Book'1 pages 521 and 522, of patents, n the office of the County Recorder of .said county daariibed' as follows: Beginning at the point of intersection of the denterline of Copper $ill Drive with the centerline of Decor-o•Drive zs shown On. map of Tract No.. 48202 filed in Book 125.6 Pages 9 through, 12 inclusive', of Mansr• in a;1d office of the Co,aity RecpFdex, 'said point being on a curve, in said'- centerline of Coriper Hi1].Drive,.doncave northwesterly Having a. radius of 1750. Q0,feet.,' a'radial 11 ne. through said point tsars North 33°12'46" Wiest, said,point also being an angle point on thd boundary of the City of - Santz Clarita as the•same existed on October 14, 2010; thence' (C1) leaving said boundary of the City of Santa Clarita and northeasterly alongsaid centerline of Copper Hill Drive and said curve and along the centerline of Cooper Hili Drive as showy on map of Tract No. 48202-D.4 filed in Hook i267 pages 55 through 61. inclusive, of said Maps through a central angle of. 27'051200 an. arc distance of 82'7.36 feet to' the.. point of intersection. of last -said centerline with the northwesterly prolongation, of the northeasterly line of Lot 37 of said Tract No. 48202-04; thence (L2) radia], to said curve and along said prolongation and along said northeasterly line South' 60°18106" East 127.90 feet to an angle point... therein; thence , (1,3) along the northwesterly line of said Lot 37 North.73•°46'19" East 1473.51 feet to the most easter3y corner Of said Lot 37 also being Zhe X:\RDYIN\NORD DOCS\ISOAi,6\EX02HIT6\fiRD4 n, ,D Ts\6:51 COYYERSTORE aMmC 1010-10 i7Ql.bOC ' Iq - Page 2 of 40 X:\IIDN,tti\@ORD D0C3\aGALS\w=1TS\8000 EX81B1T8\8551.COPPBRSTON'a, Xmr-x 2010-10 5X2. DOG �5i ,I1I northeasterly corner of Tract No. 48202-b5 as shouin on map .filed in Book "$ " 1248 :ages .through 33 inclusive, of skid Maps;'thence' .24 (L4) along .the generzl;easterly bo1mdary of said Tract No.. 48202-05 the . following 25 courses, 'South 15°49'58" East -204.97 feet,;' thence (L5) 'South 49°23'06".bast 74.35 feet; thence (L6) South 14°01'34" West 77.56 feet;'thence (17) Nbrth,83005!11" West 77.10 feet; thence (LB) South 64035'06" West 80.82 feet; thence (19) South 09°26194" West 78.56 feet; thenca' (LID) South 35°50'33" Bast 50.72 feet;.thence (111) South 72°5'6122" East '60.99 feet; thence' (112) 9onth 'D9°33'39" East 56.92. feet; thence (113) South 36038159" East 61,98 feet; thence S '(L14) South 14045'02" Bast 56.66 feet; thence (L15) South 07°42'25" cast 73.95 .feet; thence (L16) South.l6°21'36" Bast 86.43 feet; thance (117) south, 05°06'45" East 133.63 feet, thence. X18) - thence Soil�h: 00"05'01" East.76..93 feat] .i (L19) South 03°03'57" West 128.63 feet; thence (L20) South'29012'13" Fest 41.03 feet; thence . (L21) South 52042143" West .41.79 feet; thence (L22) South 43°33`28" West 59.61 feet; thence . (L23) South•09°21'05" West 182:50 feet; thence_. (I24) Sotith 26°39' 52", £ast • 45.35 feet; thence (125) South hl°05`24" Past 66..03 feet; thence (L26) South 33004143" East 128:67 feet;. thence h (L27) south .27'13133" East 35.05 feet; thence 05°59'53" East 362.09,, feet to an aizglt point in the easterly (L28) South i line line of Lot 10 of ezid.Tiact Ao. 4820 thence', line•and its prolongation south. 02°39.'35" West (L29} along said easterly with the centerline of be -Coro Drive'. 49.45 feet to a point of.intersectiop 51 1. of Parcel. Map No. 24981 filed in Book 288 pages.. ~ as sliown on map i X:\IIDN,tti\@ORD D0C3\aGALS\w=1TS\8000 EX81B1T8\8551.COPPBRSTON'a, Xmr-x 2010-10 5X2. DOG �5i i.. EXHIBIT "B" Page 3 of 40 North , ,. Bast 40.00 - . . along said boundary No_�n 02,39 35 #est to an angle u- Jxolnt therein% thence (132) continuing along said boundazy,North 87P20125- West 69.49 feetto an angle point therein; thence (L33) continuing Flong, said boundary North 87°21'30" West 128.32 feet to the beginning 6f a tangent 'curve concave northerly having a rad.i.us of .2560.00 feet; thence (C34). westerly along said boundary, and along last said curve and along the' northerly line of said Dscoro Drive through .a cental angle' of 18031100" an arc distance of 827.33 fast to an angle point in said boundary; thence- (L35) hence(L35) along said boundary and zadial to last said curve Soutb..21009'30' West 40.00 -feet to an angle point. .therein on the ceatsrline of said Decoio Drive 'also being a point •'at the 'beg_nning of a curve concave. nom heasterly having a radius of 2600.00 seat, to wtich last said course is radial; thence {C36)_._?c-thw.esferly along said boundary and last said cL+ve and along ' sail; cnnterLne..of Decoro Drive- through a•central angle. of 30046152" an arc distance of 1396.80 feet; thence (137) along said boundary and tangent to last said curve North. 38°03'38". West'92.97 feet to the point of. beginning. Containing 68.86 acres, more or less. •; � off` IAND f�` NO.e2 l X:\ADtQN\W09D DO:S\'.,.5iAL6\E%S13ZTS\8000 '>f3I6ITSV551 COP2MTQM, 31VSSX 2010-10 EXE.DDC • y„, M 0 k PORTION OF RANCHO SAW FRANC15C0 BOOK 1, Mg.'521-522, OF.PAjENTS Ik AID - til l8 i sGLA:,*OOC . a ' Y _—.—••_— , - saa niw' mRIF>FpH1U.mIFI� _ W �'."U O uaatl uww mnl�onawrtnnwim g.rswr .. . . . •. . ,..... . . .. T YNf1oWWNNIU.I1YNAlIWY1H19 � �— kCamcYka'o fA1LL�4F'1�S1Na . .. EXI- IT `.8., Page 4 of 40 EXHIBIT `B" Page 5 of 40 EXHIBIT "B" X4^0 L' NTNEXATION'NO. 10I1-03 TO THE CITY OF SAATTA CLTA " .LSMERE CANYON" Thoseportions of Section 7 and Section 18 in Township 3 North, Range 15 test, and those portions of Fractional .Sections 12 and 13 in Township 3 North, Range 16 West, San Bernardino Meridian., all according to the official plats thereof, in the unincorporated territory of the County of Los Angeles, State of California together with that portion of the Rancho San Francisco as shown on map recorded in Book 1 ?ages 521 and 522 of Patents, in the office of the County Recorder of said County described as a k410le as follows; ,Beginning at the east cuarter corner of said Section 7, said corner b'eing aa point or the boundary of the City of Santa Clarita as the same existed on January ll, 2011; thence (LI) leaving said boundary and along the easterly line of the southeast quarter of said Section 7 South 00°59121" West 2905.83 feet to the northeast corner of said Section 18; 'thence (L2)•along.the northerly line of the northeast quarter of said Section 18 North 89028'32" West 1083.57 feet to the northeasterly corner of the northwest quarter of the northeast quarter of said Section 18 as - described in Parcel 4 in, deed to said City of Santa Clarita recorded. October 29, 2010 as instrument no. 20101552982 of Official Records; in said office of the County Recorder; thence (L3).along the 'easterly line of last said northwest quarter of the northeast quarter and along the easterly line of the southwest quarter. of the northeast quarter of said Section 18•as described in Parcels 3 and 4 of last said 'deed South 02'04159" West 2607.54 feet to the. Y.: \ADMIN\WOAD DOCS\L'�ALS\�SEISITS\8DD0 HXai3IT5\6560 EXa ELSPLi\E CYN, ANN57C.00C . I ;.q %: \AESffs\a0B0 DMS\jMMs\ZUI3ITS\8000 MMMITS\8560 MAH M .\'M C:$ MnX'I'Y- • a • -xt . 0 i BXIiIBIT "B" ..._ ... _. _ � Page 6 of 40 q '. southeasterly' corner Of Said. 6outhwest' glnarter 02 the .northeast quartet; thence '(L4)along'the south line 6f the n6rtlieast quarter of said. 3egticn. 1.8 South .89038'53" West 1220,.49 feet -to the southeasterly corner Of the northwest quarter of -'said sac -tion 18; thence (LB) along the south l I}e of last said northwest quartet .South 89038153".West 2548.87 feet to the west quarter corner of said Section 18; thence' • (L6) along the 'south.line -of the northeast quarter• of said Fractional ° " f96t to Point on the Section 13 North 86 39 15 Weat 973.29 I ceatexliae of the Antelope ,Valley Freeway (State Fignw_y 14), 'also being City of Santa Clarita as the same,. a`point on the boundary.of the existed on Janua=y 11,.2011; thence (L7) along said centerline and along .last said boundary North 18056'51" East 12B.86 feet to the beginning..of a tangent cure concave westerly having a radius of 3500.•00 feed, thence + (CB) northerly along'sai:d centerline and along last said boundary and _.•.. curve an azc.distaace of said._cry.through a central.. angle... e . '. ---.. 2136•:48 feet; thence (Z9) continuing along said centsrline and .last said boundary and tangent to said curve North 16°01'38" West 19DB.77 _eat ;to the beginning of a tangent curve concave easterly having a radius of. j 30D0.00 feet; thence. p (C10) continuing. nor`:.herly along Said centerline and last said• boundary and last said curve through a central angle of -40°52j22" au ' } arc distance of 2140.09 feet; thence . (L11) continuing along said centerline and last said' boundary 'and tangent to last said curve North 24°50'44" East 645.22 ..fiat to. an. :.angle point in said boundary of the City of Santa Clarita; thence (L12) .leaving said centerline .and along last said 'boundary the :.' following 7`courses, South 89°09109" east.872.20 feet; 'thence (Ll.) South:B3°22'14" East 1285.70 feet; thence (L14) South'•00°28'31",East 3M-97 feet; thence %: \AESffs\a0B0 DMS\jMMs\ZUI3ITS\8000 MMMITS\8560 MAH M .\'M C:$ MnX'I'Y- • a • -xt . 0 EXHIBIT "B" Page 7 of 40 (L15) South 89°07'46" East 1291.28 feet; 'hence $. ,(y16) South 89007'3.9" East 1268.02 feet; thence' (117) South 00036105" East 652.49 feet; thence ' (h18) South 89°09154" East 1250.57 feet to the point:of }beginning. . Containing 806.52 acres, more or less. I. a X:\SI7M\WORD DDCS)a2GALS\E12ir81T8\8000 EXEISTTS\8560 E88 EL brqC:N $NWSEX pm " ;NMFI.IIW®l5 R .Wi21LyRI •• .. .4544 Ni Zli troL1 ! e _ � ,. ueteoi. n � IM . .111., Jill. ' '� iNL01iV0 iBy06'»2 W4015.>)2 xenms-n.. ii0e+ae4ov'sn SCh: 1^dl000`-zene.osaW R+ea mi 391e Y)59W y+i O1S9w 1B<LOlS W1 ' ii+e ai4LVW`W IVWz -------------------- 1)9R ;NMFI.IIW®l5 R .Wi21LyRI •• .. .4544 Ni Zli troL1 ! e _ � ,. ueteoi. n � IM . .111., Jill. ' '� iNL01iV0 iBy06'»2 W4015.>)2 xenms-n.. ii0e+ae4ov'sn SCh: 1^dl000`-zene.osaW R+ea mi 391e Y)59W y+i O1S9w 1B<LOlS W1 ' ii+e ai4LVW`W IVWz 1)9R ]9N ' � � 9E IIIA161�M IIM t - 2.i7 11 In a9N IF . 24911 IM 2411 H IT f. J10 I.V 204IN �I p, MGEND • Ix10Nun 011U111Wx1' itlSiuM qIY BgItb1RY -- � r NWLiR4IIGR9 f. urt o`s`vwpt4wA . r. wx ALB. 11LLL �NIJFxNllo/t NO. anI4m .li:� MSbYI IS 9tlM joyMC11T�M 'fiIEUEI1G i yp6. CMiMr , EXHIBIT `B" LEGAL DESCRIPTION ANNEEY�A.TIOAT NO. 2011-22TO TBE CITY OF. SANTA CL. R=A `NORTH COPPER YnD' EXHMIT'B" Page 9 of 40 Those .portions of Sections' 5, 6, 7 and 8, Township 4 North, Range , 15 West and those portions of Sections 1 .and b 4 North, Ranee EXHIBIT `B" LEGAL DESCRIPTION ANNEEY�A.TIOAT NO. 2011-22TO TBE CITY OF. SANTA CL. R=A `NORTH COPPER YnD' EXHMIT'B" Page 9 of 40 Those .portions of Sections' 5, 6, 7 and 8, Township 4 North, Range , 15 West and those portions of Sections 1 .and 2, Township 4 North, Ranee 16 West and those portions of Section 31,. Township .5 North, Range 15 West and those portions of Sections 35 and 35, Township 5 Ngrth, Range IG West, all of San Bernardino Meridian in the County Of Los Angeles, State.of'Califo_+-nia described as follows:, Beginning at the northeast corner of said Section.6; thence (11) along the east line of said Section 6 South 01049,09" r1a5t> -• 2,321.64 feet to a point on the centerline of .Bouquet Canyon Road as _5'1�dtb, "bd bAt.'df'Pract P6.-- 353.51 filed is Book '1095 pages 4.8to 55 inclusive, of Maps, in the office o= the County Recorder of said County; thence (12) along said centerline South 50°53156" West 320.18 feet to a point on the north line of the southeast quarter of said Section 6; thence (L3) along said north line North 89047,3514 East 254.85 feet to the northwest corner of the southwest gaarier of said Section 5; thence (14) along the�north line of said southwest quarter of Section 5 South '89°07107" Mast 1272.62 -feet to the east line of the northwest quarter of the southwest quarter of said Section 5; thence. (L5) along last said east line South 02°18'54" West 1315.34 feet. to the south line of last .said northwest quarter of the southwest quarter; thence (L6) along last said south line North '88°58138" West. 1176_06 feet to the northwesterly corner of Lot 170. of Tract No. 46258 as sb4wa.on map filed in Book 1141 pages I to 12 inclusive,'of said Maps; henca , x:\wesx\woas nocsV,s�.Ls\sxFsaxs's\soon gra=xs\esea xxs.00c � ., . EXHIBIT "B" - Page 10 of 40 Y` lines of said LR71 117 q,fy7) along the southwesterly and northwesterly �' as follows, South 01°Dl'22" East 14•.73 feet; thence (L8) Sou Ch 46°47'19" East -334-06 feet; thence' (L9) 'South 56°22'51".gast 117.00 feet' thence (L10) South 6D°5.9'37^'East 697:63 feet; thence (111) south 27°39'09^ West 367.49 feet; thence L i�',of'said. 12) south 78°56'48" West 159. B4 feet to the waste (Lrly of Sant Lot 170 on the northeasterly line lusBa �I a'xinofRoadas sNo. A6269 shown omap said map of Tract :No. 46268 and as .o G - thence filed in Book 1234 paces 50 to 61•inCIIesou`h07`'SOp51" East 62.05 (L13) :along last said.aoxtlieastexly feet. to the hegiMing of a tangent curve copra?e norrhaastesly. having '^ a -radius of 468,00feet; hence line ani southeasterly (C14) cont nu>ng along last said northeasterly; arc along last said curye ,through a central angio of 29°49'26" an a distance -of 243:61 feet; .thence . e line and tar_gent to , (L157 —Continuing' along last said northeasterly Co3vE''South -37001170 ' East 69.60 -fest to the northwesterly corner of Lot 116 of said Tract NO- 46269; thence (16) along the northwe6148- sterly line o` said Lot L 116 North' 7B°4exlp corner of said Tract No..52697 East 141.34 feet to the northeast thence (L17) along the easterly line of said Tract No. 46269 as follows, south.28°44'300 East 341.35 feet, thene4 (L18) South 03°11'26' East .60.00 feet; thence et; thence (L19) South 09038'05' East 66.58 fe (L20) South DO°24'16' West 192•.'94 feet' to the southeasterly Corner Cf Lot 108 of said Tract No. 46269; thence last'.said easterly line to' (L21) South 18'33'29^ West, 64.00 feet alongline of Lot .107. of ,said an angle point therein on the northeasterly Tract No: 46259 "on a. curge concave southwestexly havthenCe: radius. of ' 318.00, feet through which 13st said courses•_adial;' t %:\ADT\{gpZD DOCS\i. C-8L8\HITB\80D0 zXEIH2TH'8582 HX.R•DOC EXHMIT IIBII Page 11 of 40 .,(C22) southeasterly along last said curve and. alo 4. In-_�- e through a central angle of 1*50101" an arc distance of 10.3.8 feet to the northeasterly corner -of, said Lot, 3.07; thence. .(L23) continuing 'along said easterly line of Tract No. 46269 the. following three courses; South West 156.15.feet; thence.. (424) South 22*211520 West 58.16 feet; thence (L25) South 31031'5811 West I65-85 feet, thence (L26) continuing along said easterly line of Tract No. 46269 and along the easterly line of Tract No. 46270 270 as shown on map filed in Book 1234 pages 40 to .49 inclusive, of.. said Maps as follows, South 38*18'20" West 405.49 feet; thence .(427) South 25011107' West.140.33 feet; thence (L28) South 130071350 West 61.14 feet; thence (1,29)' South 07052146" West 50.91 feet; -thence (1,30) South 07*3310511 'Rest 174,40 feat; thence (L31) South 040481441, West 43.09 -feet; thimce (L32) South 0103314311 East 345.76 feet to the southeasterly comer Of -- .,Lot 78 -of said Tract., No. -,4627-0 -%being -a to -Int -on the northerly...line line of.7 Plum Canyon Road as.shown on said map of Tract No. 46270 and as shown on may of Tract No. 31158 filed in Book 1246 pages 20 to 24 inclusive, of said Maps and as shown on map of Tract NO. 44966 filed in Book 1140' pages 78 to 86 inclusive, of sed Maps; thence (L33) South 08*26,58" East 50.00 feet to a point on the centerlihe of said Plum Canyon Road being a point on a curve concave norther* having a radius Of 3100.00 feet', to which last said course is radial;. thence (C34) westerly along last said centerline and said curve as fbIlows, through a central angle- of 12'56r36" an arc; distance of 694.89 feet; thence (L35) tangent to jest said curve North 85'36r22" West 445-21 feet; 'to the beginning of a tangent curve concave northeasterly having a zaalls of 1200.00 feet; Thence li EXHIBIT'B" Page 12 of 40 r'• .,(C36) northwesterly along last .Said cu_rve.an$ szx centier >ne o=" ' .` Canyon Road thxough a, central angle of 33°12' 30' .an' arc distanee o� 695,51 feet; thence (137). tangent to last said .curve and along, last said centerline of eet to thenortherly alb. Canyon Road .North .52%°23'52" West. 273.94, f. terminus 0f that course• shown. as North 37036'OB".East 3.94 feet (D2) on said; map of Tract No. 44956; thence . {L3B) along last said course South 37°36'06^ West 3.94 feet ;to an eagle point in the. boundary of said Tract *1o. 44966 and an. angle point La the boundary of .the City Of Santa Clarita as the same. existed on may 10, 2011; thence (L39) along said boundary of the City o£ Santa.clarita North 49°12'30" West 15.04 feet. to 'the begins ng of a. tangent quxve concave southwesterly havi?sg a radius .of 2000.00 feet; .thence . (C40) continuing along said boLmdary of the City o= Santa Clasai aiong the following courses and curves,,northwesterly along last said . curve through a central angle of 16°55'51" an arc distance of .591.00 eet.,to._ tSe Sout w° telly corner of said..Tract .No. E49.66;_ thence ._.._. (L41) North 16.°32126" East 243.20 feet; 'thence. (L42) North 16049'46' East 60.00 feet;, thence'. (L43) North 73010'119" Vest 37.50 feet; thence (L44) North 16°49152^ East 127.21 feet; thence (L45) North 88°26106" West 28.00 feet; thence (L46) North 04°00'54" Wast 104.47 feet; thence (L47). North 05°29'16" West 64.00.:feet to the beginning of a non - tangent curve concave northerly having a radius o= 468..00 feet to which last said course is xadialp thence (C48) west along last' said carve thzough a central angle of 00028122" an arc distance of 2.50 feet; thence {L49) non -tangent to last said curve North 02°00'16" West 183.57 £bet; thence .(L50) South 89°07+48" East 36.60 feet; thence (L51) North 79°06'57",past .81.07..feet; thence. (152) North 72°47'10' East 82.46 feet; thence X:\SD*.IIS\WORD DOCS\7MAlS)S%S=TS\5000 EIMITS\8562 a"1�•aDC \ .4 (L53) North 26°581320. West 105.08 feet .to a point on a,ngn-•tangent curveconcave northwesterly having a radius of. 230.00•feet, a radial line through last said point bears North 26049'25" West; thence (C54) northeasterly -along last said curve through a eQntral angle of 15°51'48" an arc distance of 63.66 feet; thence (L55) radial to last said curve North 42°41'03" West. 60.00 feet; thence (L56) North 43°14'54" West 155.$B feet; thence' (L57) North 22°.23131" West 120.88 feet; thence I (L58) North 07040137" West 343.94 feet;. thence (L59) North 00.°10'01' East 211; 00 -feet; thence (L60) North 25044'30" East 1148.04 feet; thence (L61) North 02°16'50' East 1316.37 -feet; thence (162) South 89°47'35" West 778.83 feet; thence tt (L63) No_+th 00°08'41" East 1350.83 feet.; thence (L64j North 89034'15" West 600.00 fest;.. thence (1,65). North 69°32'51'.' West 1009.75 feet; thence South "03°58=47"West 893.37 feet; `hence (L67) continuing along -'said City boundary South 66029'31" West 89.96 feet to the beginning of a tangent curve concave northerly having a radius of 1500.00 fee't; thence - (C68) westerly along last said curve through a ce­4tx?1 amgle of. 54°47'04" an axc distance of 1434..25 feet; thence (L69) non=tangent to last said curve South OQ016153" East 540.98 feet;'., thence ' (L70) South 00°1527" East 2644.81 feet; thence (L71) South B9041116" West 500.31 feet; thence " (L72) North 00016'04" West 555.00 feet; thence (L73) South 89041116" West 826.54 feet; thence (L74) South 0016'21" East 555.00 feet; thence (175) South•.89°41'16" West 1179.60 feet;thence (L76) North 11°26131" West 194.73 feet; thence (L77) North 09°41!54" East 593.86 feet; thence ' (L76) North 26022118" West 95.23 -feet; thence %=\AD➢Rii %V0_RD D0CS\LMMS\'XEISITS\8000 EMBITS\8582 EXB.1>00 \ ' v s. vow EXHIBIT"Ir Page 14 of 40 `t .�.(L79). North 10°10`25" East 551.01 feet; thence (:. :. (i80)' North 89°32`43" West 360.48 feet to a point at the bsginring or a non -tangent curve concave westerly having a radius of 1540.00 feetr a. radial line through said point bears North 85014'50" West; -hence (.C81) 'northerly along said curve through a central angle of 5°27x16". an airdistance of 146.60 Peet thence (L62) tangent to said curve Nor`h 00°42'06" West 506.63 feet to the beginning of. .a tangent curve .concave easterlyhaving a radius. Of 5240:00 feet; thence (C83) northerly along last .said curve through a central angle of 02 1-126" arc distance of.175.95 feet; thence (L64) tangent to last said cu-va North 01°13'20" East.. 462::74 feet to the beginning o£'a tangent curve concave southeasterly having a radius of 27.00 feet; thencs (C85) northeasterly aloag last •said. c'�-�'-ve through a' central angle o£ 89°59'56^ an arc distance of 42.41 feet; thence (LB6) tangent to last; said curve South BB°46'44"' East 36.32 .feet; .. thence - (LB 7) North hence(LB7)North 00°17`49" West 40.01 feet; thence � of a, tangent (LBB) North 8$045'09" West 1661.64 feet to the beginning curve concave southerly having a radius of 120D.OD feet; ,:hence (C89) westerly along last said curve through a central angle of. 20030'25" an arc distance of 429.50 feet; thence (L90) tangent to last said curve South 70°44'26" West 370.97 feat to the beginning of a tangent curve concave northwasterly having•a radius . of 1800.00 feet; thence (C91) southwesterly along last said terve through a central angle of 28°03!31" an arc distance of 881.49 fest to the bsginning.of a tangent compound cures concave northeasterly having a. radius of 1100.00 feet; thence (C92) northwesterly along last said curve through a Centre, eagle .of 24021153" an.arc 'distance of 467.77 feet;'thence (L93) tangent to last .said curve North 56050'10" West 235.60 feet. thence X:\Irony\woa.D.DOCs%iBGnG\MMB=TS\8000 T.+BH- :ET6\8592 ESH•71DC r _ EXHIBIT'S" Page 15 of 40 �(L94) North 89°50141" West 1360.92 -feet; thence ,I(L95).North 0026110" West 2472:24 feet, 'thence (L96) North 88°34155" East 1264.7B feed'; thence (L97) North 06°12105" West 1518.70 feet to the beginning of f tangent. .curve concave easterly having a radius of 229.05 feet; .thence' (C98) northerly along last' said curve, through a central angle ,,of . 02°55153" an arc distance of 11.72 feet; thence (199) tangent to last said curve North. 03°16'12".West. 1519.17.feet to, the beginning of. a .tangent curve concave easterly havinga radius of .229.05 feet; thence. (c100) northerly along last said curve through a central angle of .21°38'36" an arc dis`amce of 86.53 feet; thence (L101) tangent to last said curve North 18'22126" East 277.38 feet; . thence' (L102) South 89-40112- 'West 1104.39 feet; thence (L103) South 99°40`05^ West 448.62 feet _.... (1104)..South 04°25'40" East 116.00 feet to the beginning of a tangent .curve- concave easterly having-a•radiva-of"400.00.feet; the (C1D5) southerly along last said curve through a central angle of 15'50'15" an erg distance of, 110.57 feet; thence (L106) non -tangent to lest. said curve South 65°54'19" West 123.42. Feet; thence (L107) South 24°03'52" East 8.42 feet; thence (1108) South 66°09130': West 17.441)feet to the beginning of a.tangent curve concave southeasterly•having a radius of 380.00 Beet; thence (C109) southwesterly.along.last said cine through a central angle of 14°30'52" an arc distance of 96.26 feet; thence (L110) non -tangent to last said curve North 39°06127" West 48.45 feet;' thence (L1I1) North 47°53'50" West 34.57 feet; thence (L112) North 68°55'14" West 53,21 feet;. thence ' (L113) South 47°07115" West 31.65 feet; thence (L114) North 44°06122" West 102.12 feet; thence (L115) North 34°34102" West' 110.22 feet;.thence Y:\W,=\WORD DOCS\mrRL5\LXajBrTS\8000 EX-TS\65$2.=R.Dx `,\ v r j1116) 'South. 09°40'42" West 76.51 feet; thence )_'• `(Z117)' South 370.03'27" West 22.78 feet; thence (1118)' North 51°26159" West 137.92 feet';. thence (1119.)- North 64002!39"'West 59.61 feet; thence (Lf20').South .76`54114" West 245.10 feet; thence (I121) South 00°06'34' East 519.60 feet; thence (L122) South'89°27120" West 275.50 Feet; thence (1123) South 02°58'43" West 83.39 feet;thence (L124)'North'67°57'22" West'30.00.Feet; thence (L125) South 54045137" West 29.25 feet; thence (1126) North 67°02'10" West 33.92 feet; thence (1127) South 87°07'15° West 29.94 feet;..thence (1128) South 57°56!51" West 31.34 feet; thence South 31'09'31" West 75.06 feet; thence (L230) North 76°35'56" West 118,81 feet; thence (L131) North 83°21151" West 142.75 feet; Thence (L132.)...S.outh.B1°46'03" West 240.44 faet;-the nce (1133) South2l?'48'5i" West,36':69 feet; -thence (L134) South 23°34'21" East 171.50 feet; thence (1135) South 44°04'57" West 414.07 feet; thence (7,136) South 89°39'57" West 126.55. -feet to an angle point in said boundary. of .the City of 'Santa Clarita.at the southwesterly corner of Tract No. 46564-03 as shown_ on map filed iii Book 1227 pages 12 to 17 inclusive, of said. Maps; thence (1137) leaving said boundary of `rhe City of. Santa Claxita and along the westerly line of said Tract No. 46564-63 North DO°20103" West 628.59 feet to an angle point therein at the west quarter corner of said Section 35; ,thence. (L138) continuing along last said westerly line North 00°19'54" West 162.85. feet to the mast. northerly corner of Lot 4 of said Tract. 200., 46564-03; thence (1139) along the northeasterly line Of said Lot 4 South 5902-9.112".F ast 136.25 feet to the most westeily corner of Lot 5 of said Tract No - 46564 -03 also being a point on the general westerly line of the land.. . fit:\AM=%WORD DOCSV,EGA s\3XMITs%8000.=—+S=TS\b582 ZM.DOC \. EXHIBIT "B" Page 16 of 40 r. A '' F-MIBIT'B" Page 17 of 40 y' dzscr bed in deed recorded .November 30, 2004 as instrument no: 04 - be13085167 of. Official Records, in ,the office.. of 'said County ,Recorder;. thence .(L140). along, said general westerly line the following courses, ,North 22°17!45" East .93.42 3eet; thence (L141).North 29°28159" East 86.89 feet; thence (LI42) North 53°48'23" East 42.99.Peet; thence (L143) North 22°30'34" East 40.26 feetp thence (L144) North 25005'37" West 22.96 feet; thence (L145-) North 290.04'32" East 92.18 feet; thence (L146) North 38°33120" West 2.7.39feet; thence (L147) North 04059109" West 34.35 feet; thence (L148) North 33°09117" East 41:53 faat; thence (L149) North 07°33151" West 37.03 -feet; thence (LI50) North 06036157" East 51.05 feat; thence (L•151) North 36°45'55" West 14.43 =eat; thence, (L152) North 22°09143" West ¢6:79 feet; thence ..(LI -53) North 41°92'58" West 10.52 feet; thence (Li54) North 27'°51'25" vilest 67.67 feet; thence (L155) North 48°48'01" West 22.84 feet; thence (L156) North 71°05'15' West 35.76 feet; thence ; (L157) North 56°32118" West 17.20 feet; thence (L158) North 02'55'06" West 9.54 feet; thence (L159) North 38004!32" East 16.20 -feet; thence (L160) North 55017142' East 10.99 feet; thence (L161) South 89°52152" East 3.18 feet; thence (L162) South 48°01'40" East 31.06 feet; thence, (L163) South 36°O1(IO" East 15.62 feet; thence (L164) South 70°24'35" East 16.37 feet; thence (L165) North 68°56151" East 9.01 feet; thence (I,166) South 840'48'15" East 4.34 feet;, thence (L167) South 63019`41" East 7.04 feet; thence (L168) North'82049121" East 2.16 feet; thence (L169) North 53°05'15" East 22.35 feet; thence X:\IIDM7N\W0.�D D005\LSGSLS\-_MX3I'"a\8000 EZRIBITS\8562 EXE -DOC \ \ __ ..._ . EXHIBIT <B„ Page 18 of 40 ;~ 5{L170) North 73°48^47" East 7.33 feet; thence tL171) south 82°20'14" Last 59.93, feet; thence (1172) 'south'53."41'..09" East 14.97 feet,". thence (L173) South 62°22'•55"'East 44.61'feet; thence ..(L174) "forth 39,°°0.7'45" East 67:.32 feet; thence (L175) North.73°26'23" West 20.86 feet; thence (L176)'North 27°42'58N West 30.91 feet; thence (1,177) North ,63619rS6" West 27.03. feet;' thence (L378) North 25°a.5^28" West 73.43 feet to.a paint on the, southerly lice of Lot 3 of Tract No. 46564-04 as shown on map filed in Book 1248 pages 16 to 23 inclusive, of said. Maps; thence (L•179) leaving' last. said 'general westerly line, and. along said West 35$.67 feetto the. southerly line of lot 3 North 74°18`30" . d Tract No. 46564-D4; thence westerly line of saiTract (L180) along last. said westerly line and the westerly line of No. 46564 as shown ori map filed in.Book 1251 pages SD to •57 .inclusive; of said Maps North 00°19'54" west -1769.79 .feet to 'the northwest corner _. -of said -Section' 35;. thence _er of said (7,181) along. the .northerly line of the northwest quay' Section 35 South.89°41'56" East 2654.06 feet to the northwest �rner' of the northeast quarter of said Section 35; thence anter South „(L182) along the' northerly .line o said northeast quarter 89°41'30East 2653.97 feet to the 'northwest corner of said section "' 36; theaca 11183) along the north line of the northwest quarter of .said Section .. 36 south 89044'51" East 2658.82, feet to the 'north quarter corner of said Section 36; .thence, (L184).•along.the,npsth line of the northeast quarter of. said section . 36 South 89°45`18"; East 2687..67 .feet to the northwest coiner of said Section, 31; thence .. :along the west line of the northwast quarter of. said Section 31 South 00'31'3$" West 1357.41 feet to the .northwesterly.corner •of Government Lot 2 in said Section 31;•thence ` g:\ADMII¢\W08D DOC3WEWiS\=aB=5%8000 R =&jTs\8582 M -DW .\ EXHIBIT `B" Page 19 of 40 (Y186) along the north line of said Lot 2 South: 88°44'10' East 1228-94 feet to the northeasterly corner of said Lot 2; thence (L•187) along the east line of said Lo't 2 South 00`35`21" Wast 1351.91 feet to the north line of the southwest quarter of. said Section 31; thence (L188) along last sadid.north line South 68°591.30" East 1319.95 feet to -the 'center of -said Section 31; .thence (L189) along the east line of last said .'southwest quarter South 00035'14" West 1346.37 feet to the southwesterly corner of Parcel Map no, 14813, as shown on map filed in Book 166 Pages 31 and 32, of Parcel Maps, in said office cf. the:County Recorder; thence (L190) along the south line of last said parcel maP and along. the south 'line of Parcel Map No. 5827 as shown on map filed in Book. 64 Page 17, of sa—ld Parcel Mans South 89°14'25" East 2000.71 feet to the . west, line of last said Parcel map; thence (1191) along last said west line 'South '0D°28' 03" West 737.72 feet -to .. the south line of last said parcel map; thence. ---(L1-92) .along last -said south -line South 6R 29'17" East 667.41• feet to the east line of said Section 31; thence (L193) along last said east line. South 00°25138" West 600.00, feet to the Point of Beginning. Containing 2472.88.acres, more or less. X:\8DH=\LI0S➢ D0CS\MGALS\sXHV;ITS\80D0 ZUIBITB\8582 E%R-DOC �• ` r ANNEXATION Na. 2011. 4W To THE MY OF SANTA CLARITA 'MDfaH COPPER IHIV EYMBIT "B" ( I Page 21 of 40 3 � I EXHIBIT "B>, I` . AO Q� .AI�DN TION NO. 2010-08 TO TIM CITY OF SANTA CLARITA (SOLEDAD COMMONS) That _portion of the north half of. Section '18, Township 4 North, Razige 14 West, San Bernardino Meridian in' the .County of Los , Angeles, State of California described as -follows:*.*: Beginning at the point of intersection of the westerly line of the northeast quarter of said Section 18 with the centerline of the Antelope Valley Freeway ('State Highway 7,4), said point being on a curve'concave southerly having a radius of 2000.00 feet, a radial line through said point bears South 07°•14'43" West; thence (Cl) northwesterly along. said centerline and along said curve through -a central angle .of '00050116" an arc distance. of .29.24 feet; thence (L2) along said centerline and .tangent to said_ curve North 81655101" West 554.69 feet to the'beginning of a tangent curve concave southerly having,a radius of 20.00.00. feet; thence (C3) westerly along last said curve. 'and along said centerline through a central angle of 18'32135" an arc distance of •647:27 feet to an angle ?oint in the boundary of the 'City of SaITta Clarita as the same existed on October 6, 2010; thence (L4)'a5,ong said boundary North 03023140" West 3348.41 feet; thence (L5)'.'co5tinbuing"along" said''boundary 'North' 27°56'30' East 2D1. 55 - feet to a point at the beginningof a non=tangent curve• concave southwesterly having a radius of 1450.00 feet, a radial line through last said point bears North 10025'12" West; thence " (C6) southeasterly along said boundary and along last said curve. through a central .angle of 47°34'39" an arc distance of 1204.06 feet to the, northerly boundary of said freeway; thence (7,7) leaving said boundary of the City of Santa Clarita and along last said northerly boundary North 84012'52" West 32.34 feet to. the first above -described westerly line of the northeast quarter of Section 18; thence (748) along said westerly line South 07026153" East 329.96 feet to the point of beginning. Containing 13.21 acres, moxe or less. Y:\ADMIN\W0RD D0CS\IMGAbS\dCFZB7:T3\80D0 =MBXTS\8550 SaI=PD CMM4WS AIQUD 0M MM-= r I WIMI `AREA=13.21 ACRES POR N 1/2 _ .BEC.. 18; T4N, R14 -W i' !W 3 r„Mos mwero • b�y � ���� �vNl[Y AI Ign _ VALI.InY FRa£wpY 1t8 ` l / Ary Tfi LIFE ` mili"aacmo°urr n y— . scnts:tbz0v °"00,' . -' UN. R14W, SBM I UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES 1 aW��WnoPA♦NmN ppy ®bB N9wN1aIJR1,lW I , . 1 i WNIMM1Y OM¢ni ' 1 1 r II lOViex1Y d I j is mrtow10"wv' • \ IY4n1'E IIaY IptrY-, '. �� NLWe BFNYF MIN. Wn:m amwl♦-m oas Nws I � W 16 W 2 1 9 W awnl NY�� • W4 ♦ 1 10 - ® Mtr urt a ac IP as. In .. PNlal I1UX9n@ %HY1-001-0.T3 xeSf-aH-OS] j ' -__ 200♦ -a44 -o70 I . �tsg l xwss ure ! zro 0 !oa I I LEGEND I !aJ cselsel v sPmlox I nnun•lulunes _. ' a1Y OV MITA aMrA alt•. I r.iw y y Aas. . RIM ANNEXNION NO. 2910-00 u� ASWWI uawel TOII'-UTY0r8AHTA Cingll'A ;. . •soLmw cawaas EXHIBIT `B" Page 22 of 40 I EJCiiIBTT «B" - Page 23 of 40 EXHIBIT "B„ qb.l .._..-... ANNE n 0: 2011-20 TOTHE C T ' OF SANTA CLA=A "VISTA. CANYON/FAIROAKS / TAKES WAY". Those portions of Sections 21, 22, 23, 26,.27, 28, 34, and 35 in Township - 4 North, Range 15 West, San Barnardino Meridian together with a portion of Section 2 in Township 3 North, Range 15 West, San Bernardino Meridian, all, in the County of Los Angeles, state of. California described as a whole as follows: Beginning at the southeast corner of said Section 28 being a point on the .( boundary of the City of'Santa Cla=ita as the same existed on'January 31, 2017.; thence along said City Boundary the following courses and curves': (L1) South 89°04'33" West 26634.89 -feet; thence (L2) North 00014'39" West 2570.31 feet; thence (L3.)...South 88008759" East 26.80 feet; thence . .(L4)' No-+'t2i"46027140" East'392.66'feet; thence (L5) North 03035119" East 272.19 feet; thence (L6) North 39038115" West 503.81 -feet; thence (L7) North 60°07'45" West 232.07 feet; thence' (L8) North 71019'50" West 102.46 feet; thence (L9) North 56°13123".West 231.31 feet; thence (L10) North 76956140" West 542.10 feet; thence. (LI -Il) North 68°16154" West 118.05 feet; thence (L12) North 89°06127" East 1117.06 feet; thence (113) North 00010'33" West 1316.51 feet; thence (L14) South 85°56151" West 454.84 feet 'to the centerline of Sierra Highway as shown on map of Tract No.. A3610 filed in book 1078 pages 9S to 99, inclusive of Maps, .in the office of the County Recorder of said county; thence X:\ADN=\Mm DOCS\LD6ILLS\MMZITa\6000 DXBIBITS\8561 SM DOC ' EXHIBIT "B" Page 24 of 40 I 6 (L15) along szid centerline North 4D°03'07" Bast 284.70 feet toe beginning o_ a tangent .curve concave northwesterly having'a radius. of 3500..00 feet; -hence (C16) continuing northeasterly along said cEnterline and .said curve. through a. central angle of 11°25'92" an arc distance •of, 697:4:4 feet to northwesterly havinga the.b�eg'ing of a tangent compound curve concave . radius of 2750.00 faet; thence (G17) continuing -northeasterly along said celxte=line and last said .curve, through a central angle of D1°ol'09 an arc aistanc'` of 48.92 feet;. thence i (L18) leaving said centerline and non -tangent to last said. curve South 56°38 ,e4" East 202.97 feet; thence (Ll -d) North 07°37'56" East 129.91 feet; th ce int on.said centerlina• of (L20) Nor`4D 66038'44" West 161.31,£1=_t.to a ao Sierra Eighway on said curve concave northwesterly having a radios of 2750.00 •feet, a radial line through said aoint bears North 64°59'3.8" west; thence northeasterly.. along sa-d.-entarline, and last. said curve through'a. central angle of 04°36'32" an aYc distanca21 feet, thence . of 221. . (L22); continuing alOng said centerline and t�-igent to last said n+rve North 20°23`50" East 231.44 feet; thence (L23) lezving.said centerline North 89°16'02" East 2270.20 feet; trience. Nor:th Do°07'40" West 557.93 feet to a. point at the beginning o£ (L24).a non -tangent curve concave *ortherly having a radius West; of 9700.00 feet, a radial line through last said point bears North 03°412a leof 05°23137". (C25) easterly along. last said cure through a central ng an arc distance of 913.12 feet; thence (L26) non-tzngent to list said curve south 89°59'09" East. 802.71 £eet to a point on the centerline of the Anteloce Valley Freeway (State highway ocave southwterly having a radius of 3000.00 feet, a 14) on a curve cn radial line through last said point bears South 55°53'.44" East; thence I -MC X:\ADMIN\WORD DOCBNL, S,,- 5\80 0 F•7L92HIT5\8561 E%11 \ EXHIBIT "B" Page 25 of 40 P (q27) northeasterly along last s? ---'d centerline and last said. curve t�,�Ough a central angle of 26'46151- an arc distance. of .1402.24 feet; thence (.,28j''continuing along last said centerline and tangent to last said curve North 60°53'07" 'East .4430 . .00 -feet; thence (L29) leaving last. said -centerline South 00030136" . Was -7 2241.76 feet to a point at the beginning of a non -tangent curve concave northerly having a .radius of 1200.00, feet, a radial line through last said point bears North 02006,19" West; thence (C30) -westerly along last 'said curve througha central angle Of 08'53'18 a ar�a arc distance of 186.16 feet; thence (L31) non -tangent, to 'last said curve South 02'48'40" East 800.41 feet,, thence (L32) South 57'48'40" East 204,70 feet to a print at the .beginning . a non -tangent curve concave southeasterly having a radius of 2924.83 fleet, a radial line 'through last said point beFrs South 23*12'26"Tist; thence (C3.3) southwesterly along last said' curve through 1. a central a.4910 Of ........... 00.'.4,4'A9"..aa.pz.c.c,�tFmr-S.O:t.38..,OP-.;Eeet;,ttience (L34 . non -tangent. to last said curve South 00*30136" West: 274.44 feet,; thence (L35) North 89*47100' East 1713.73 feet-; thence (L36) South 23008122" West 631.01 feet; thence (137) South 89*42r25" West 158.00 feet; thence (138) South 00*35125" West 983.76 feet; thence (L39) North 89042151" East 109-14 -feet to a point at the j:,6ginning of a non -tangent curve concave northeasterly having . A radius of 1820.00 --feet, a radial line through last said point bears North 82'33r06" Fast;.thenbe (C40) southeasterly along last said curve through a- central angle of. 11'46'59"-� - an arc distance of 374.29 feet; thence (L41) tangent to last said curve South 19013f53" East 120;44 feet, thence, (L42) North 89038130" East 110.05 feet; thence (L43) South 00135f25h West 182.50 feet; thence (L44) South 89038130" West 350.00 feet; thence m X:\AMMr\Noae DOCSNLI:GPZS\EXHXBITS\8000 MISIT3\8551 EXHIBIT "B" Page 26 of 40 ie .P95) South 00035125" West 402.50 feet; thence �f (iQ6).south-000 1127" West 5260.30 feet; thence, . (•Z47) South 06'36'Q2" East'.5029.37 feet;.%thence (L48) North '88°59'50" East 1514.44 feet to a point of intersection with, the centerline c= Placerita canyon Road as shown. or_ County Surveyor's.* nRaNo. B -22B3 sheet 2 (cSB 2283-2) on.£ile in.the office of the Director Of .public Works of said county, said point being.at the point :of cusp at asterly :the easterly terainus of a tangent curve concave southehaving. a ' radius'of 500.00 feet; thence (C49) southwesterly along last said centerline and along last said curve the following o', courses, through a central angle of 36°17'90." an are distance.of 316:73 feet; thence ' (L50) tangent to last said curve south 52°42'10" West 101p75 feet to the concave no having a radius of begin_*+ -ng of a tangent curve 800.00 fest;.thence (C51) southwesterly along last said cuive. through a central angle of 16°03100" aft are d` -stance of 224.10 feet; thence (i52.�_t n7ent .to. st_said cu ve Sosth.68°a5'1D" West 165.73 feet to the beginning of a tangent curve concave southeasterly having a radius of 1000.00 feet; thence _ (C53) aouthwesterly along last said curve through a central angle of 17°49110" an arc distance of 311.01 Peet; thence (L5?) tangent .to last said curve south 50°56'00" West 684.39 feet to a n the easterly boundary of Parcel Map No. 7096. as shown on map point o fij.ad in Book. 108 pages 33 and 34 ir-clusive, of Parcel Maps, in said office -of he. County Recorder;. thence (L55) along last said easterly boundary south 00°36'27" west 219,-37'feet to the southerly boundary of said Parcel Neap No. 7996 '.thence , (156) along last. said southerly boundary North 8.9? 30' 09" West 667.02 feat to the point of intersection with the westerly line. of the east half' ,of the southeast quarter of the northwest quarter of 'paid Section 2 a0. described in .doaomen- recorded July 12, 2007' as instrument no_ K:\1DIlS1''\WORD DOC9�Ss�'C.?LS��i.+-I3IR5�8000 ERi=a=T0\B5a1 M'DOC \ EXHIBIT ,.B.. Page 27 of 40 1. r- 20071654941 of official Records, in said office of the County Recorder; " thence . (L57) along last said westerly line South 00°28''55" Wast 318.70 feet to the point of intersection with said centerline -of Placerita Canyon Road, being a point on a curve concave northwesterly having a radius. of 1500.00 Meet, a radial lire -through last said pRiat bears North 32°21'34"West; thence (C58) southwesterly tong last said centerline and along last said curve through a central angle' of 27°11133" an arc distance of 711;90 feet to the point of intersection with the westerly line of the land described in document recorded June 07, 2.006 as instrument no. 06-1253118 of. said official Records; thance (L59) along last said westerly line South 00021'14" West 714.87 feet to thenorth line of.the southwest quarter.of said Section 2; thence., (L60) along last said north line South 89°13'10" East 1328.21 feet to the northeast corner of the southwest quarter`of said section 2; thence (161) along i_ie east line of lest said southwestquarter South 0.0°36127 -F et_ to the. northeasterly corner. of the southeast qua -'ter of the southwest quarter of said Section 2; thence (L62) along the southerly line of parcel B .as described in document recorded ?august 25, 2004 -as instrument no. 04-2190843, o_f'said Official Records, North 89.°16142" West 1338.38 feet to the easterly line of parcel C as described in said document recorded August 25, 2004; thence (L•63) along last said easterly line South 01002122" West 1349.36 feet to the southerly lane of the southwest quarter of said Section 2; thence (L64) along lest said southerly line North 89°20'10" West 1348.56 feet to the 'southwest corner of said section 2; thence (L65) along the westerly, line of the southwest quarter of said Section 2 . North 01028115" East, 270j.64 feet to the west quarter corner of said` . . Section 2 being an.angle' point on the boundary of the City of Santa Clarita as—the same existed on •January 31,.2011; thence . (1,66) along said City Boundary the following 8 courses, North 00°05130" East 2362.51 feet; thence , X>UDMIN\WOR7 DDCs\LMn6\S==8\8000 5rKaBiT8\8561 MM.DDC ------------- i ---------- ---- ---- -' i EXHIBTT "B" � Page 28 of 40 - (L67) North 05°54121" West 1349.89 feet,, thence i ":. • •(LSB')' North H9°53114" East 1333.12 -feet; thence i (L69) North 06°1412Q" West'.1239.98 feet7'.:thence l (L70) North 06°14'08" West 1240.26 feet; thence (L71) South 89047109" West 2632.95 feet; thence (L7.2)' North .05°32'23" West 123..99 feet; thence (L73) South 89°38156" West 3921.'73 feet to the•Point of Beginning: ' i I Containing2437.24 acres, more or less. i �allo.4652 ,. sfAl OF CAtlF�� _ i I� 11 T X:\ADL+�ly\F70AD DOOS\LaGP1S\M=BITS\8000 =V-BITS\8561 )ITI-DOC ' iQ, i X:\ADL+�ly\F70AD DOOS\LaGP1S\M=BITS\8000 =V-BITS\8561 )ITI-DOC ' iQ, m .A\SURY£Y�rM1Y13N43 NBVE%ATMf�MIlEWl1U1\9NUV�ab31 Phax oAl,s-REST SNm ONII'NI A911F'NATON-Sb%I I.MM _ 1 i I I ml u agwulw ' : 5 •Z' 1: : HWSE HUWM6pl111I9 MAPS xt�xmn ul }lamins wfl� Inu]wo xNsmsmlrowe }sgsm rmxn xuyms avto-om-no,ou, zvnav:do„e°+t z.ndlFmx zeu:ms:viv,easv 3NFeuusa PORTIONS OP SECTION3 21, 22=23! 26, 27, 28.34,35 'Ii 161 zmnas>,q mldscrosioaor n«sasz,va¢ zN«e,kga T4Np RISW, �?-mv�v Nwna« 3.B.M. ]eau ww3e,ovw agwn mange :�3imwnro®' mum+'a'm” 24G H 183 zero �mim,°sW :Nvmaml,avW t.W awl«Fos. nn PORTLON OP SECCION2 248 H 157 'v°�iomta o u'aumm� f«na°°IaW ev° 3°ei:e'io«m'i T3N, R15W, S.A.M.. - Y96 F11t11 ' wvamde mv.vowe+lom, mxwul°«s ««.l,m,Wu,c - ms=ovu m%o vi,ou imi+mmr =Nem,w iw�. aal°vu iq}azdzirom muwnomt ' ovlam},ov,s -� 299 H 163 iW°miai3i(ImO unFm,azliooq aNlglW x«laa±vl ig4m}°p im6aWmam IN >NwlO4b 249 H 167 xmFa«mcWa+ IYPI'18R ]el]ale0lt =gkucr..m yflw'=Snf =FpNkml l°m1 249 H tai imo-lP,l+Y �lo,Fam m19911W} ]¢WNtAIE iNw]°°Ia10010 1N L°Bm11001] 3amYa5i0 a, (fiJ y,gp C,N,OI 1 awsv,Wau 3FIFF1Fm3 «v.m}Wgz ximmx mv,vvu 6.A - 252H 757 ]M�IXa°"[H�O zNOP'S6a m..d,\Ti,°UR. nmu'F.°S0s} zN\a+u«rorn _ , 266 I{ 149 nwaveW aao> om vm'ss main _ - me it 163 zwuaFm iai:endi, }mramam,ovu - 1 265 H 157 zNlLl,m, 1gFWegtWO= - ]NUallmi je'it`].N3 1 7I18 H 145 3«u«aml nlnom 3N,m3d[llapE mttm,mlWw m1,NO WlieW ,0 1 258 N 149 % =moex,avi,°Wa ]N«NrsnaN aNFm,nm=nam xmvd.o�sxomv - p4 .l+R•t� r 258 H 153 t�iV 256H 157 ]gFWKWIe WO ]MLNSB,p fN4e1,5m SNI«,+Ax mllaewN 9NUY69ll lD «wlcvn 1,11a{,Y I, iWBmFAWm, faNalwN zdau,nrneF 261 H 146. iNlmsv,F =N1m,N} le+l«tmclaN, igamlmerog9 z««av=dm 261 H 149 mnmsv,e isti N""i-v,iaii: :a allmc '. 1 xwdlsou a «WkeW,Fq= � �iBl - 2a1 H 153 mtwugF 3«lo,sdNWws m+,alamF f ZGt H,57 u.v+wsc SNfelsalro N, zgtaumz Sa,l.as«> vn«Nsom=ovu SN3NaNe ,neva.¢• xBFlmaiW W q, 33 34 11 . anlalsm, xgwn:ml,olm _ 26411753 ,N3M}-lm,ozm -xN,ml.mt u,wlFm}roWa fISIFm1,0,3 }N1M, m+W VN- ]N3WieleW W1 2WMN 294 H 157 .Sl1,Yl.9'A ]1NIo1,Ol1WaY N,IAx9 a, - 1 lq}ei,95¢ zNlbUm{lnam ]F�Nmmlm] 1 1 f,' " a,wlava Wav zq=oW alsroosv eus —1 ntmam mu«v q}Wastxvnmk+s,°m} }DIBMO.WT11m 1q,-0il.li m,l.m=mi »MeH.in,eltl 1'4N - m„u.vq =N16,uKwn,p' � _ — _ — -- � _ iNi011d,l 3NamwANmi ]NJmW,M - 1 SglN lmaloUl, ,e},U+s° � 1.II.Wad., N]-0t10N =Nld:lm+,nn„ =Na.N,av ' I I 3NIrxF°q SNkuaaN N4naa.on mllAkOA,IOOF ]q«e]9 Wi xewmsmeroen 1 1 �I _ - ' 3NFa3 wliavm •'— xMlm«aW101ai TIIlU,3aS,06R IDMFKmSmoN •I - xN19}l.Im ]M]A„W3N0{0 )BttPJICWNN6' i xNAm3.SN y°«.IA].aMWel] ' xNla+9 Wx1n ON 3N,aside}Wv}° a&tal]im I . l«taNau,evn SCALG:1”=4000' t 1Mlm,al1: nN.assaa,°ma xa„m.mf,eW, 1 oe: �YgSm}mu.0 1._—__ I' iuiwl"F"Y,n ml]m3m,mrm xNkmcrosroon ' 3Nwa,ov,on}F _ .. . mu ucuarvoio u3laaa°W,n}m «qa,O W6 '1 'I y lO: ]NHO}IONTY W9'.' v,Fmwn v,aeSp,W 3q«q 3Mt«FvuroWx I . 3Nvas}m1m W\ imlae{aia q{Namcmq,- z iBl,dixmx rc pBK�f}�amriv'."?: �?ai�r{ ru731�u IIk6iu Tf n Alm.9'Y-41I/ IG 1I1E MY 61WRea PRT aF SMTA MMTA - -- ,q,a,}«1Wm1 gxF.m1 zN.gf«x i«,a,zam,r,l,l xge.W°aW ]g1.Yf=W]Wmi xw.mlax„oan aFuazv°m igld,«m}- xNl«Flm xFmWMR zaomw ,vou jl } fAf.�. h 1 ttll 5�}s{ ,A. 1 a1 v` �(v �S;I.� I�}�{�rOSU i'h9i)JtT ANNEXATION No. 20' dIECI(G86Y: SCALE 1'e,�v MFA: .9j '” R_°3.1]1.2! TO THF CITY OF SANTA Cl 'VISTA SNtdNA9 iIIIrFr�j��7F819m '11 s.3. H1m9181111E Ca.OEMUt CAMrOI41FAIR OAK&!N m .A\SURY£Y�rM1Y13N43 NBVE%ATMf�MIlEWl1U1\9NUV�ab31 Phax oAl,s-REST SNm ONII'NI A911F'NATON-Sb%I I.MM _ 1 i I I I'I II I � _ ly i i � 1 t I I m .A\SURY£Y�rM1Y13N43 NBVE%ATMf�MIlEWl1U1\9NUV�ab31 Phax oAl,s-REST SNm ONII'NI A911F'NATON-Sb%I I.MM _ 1 , . v EXHIBIT `B„ LEGAL DESCRIPTION ANNEXATION NO. 2011-26 TO T19E CITY OF SANTA CLARITA "80=SAID CANYON" Parcel 1: I EXHIBIT `B" Page 30 of 40 Those portions of Sections 1,•'2; 11 and 12 in Township 3. North, ' Range 15 West, San'5ernardinc Meridian in the County of '3',os Angeles.,'State of California described,. as follows; " — = Begi*niing-at-the Center of said Section 12; thence -- (LT) -`along. --the soutfierly line of 'he northwest quarter of said Section 12 South 88°55'44" West 1162.49 feet to the westerly line of parcel l as described in document recorded April 28, 1994 as instrument no. 94-818523 of Official Records,. in the office of the County Recorder of said county; thence (L2) along .said westerly line North 00°1412B" West 2659.52 feet to the southwesterly corner or. the soul;east quarter of the southwest ' quarter of said Section 1; thence (13 along the westerly line o£ parcel 11 as described' in document..' recorded .April ?2, 2005 as instrument no. 65-0943244 of said Official* Records,' North • 00°19'41 East 1372.20 feet to the northwesterly corner of said southeast quarter of the ..southwest quarter; thence (L4) along the southerly line'•os" parcel 1 as'described in document recorded April 22, 2005. as instrument' no. 05-0943244 of said ' x.\xttux\xoan nocsysw;,s��sxxs\e000 :.�res�essz Tx.noc .., La~ EXHIBIT "B" Page 31 of 40 official Reco rdsf South 89006132" Wes6 fset tothe, . ter .of Said Section 2f thence.; easterly line of the southeast. qua . r (L5) along last. said s7asterly� line `South •00°23`15" . West . 1345.26 . f,set to the southeasterly corner 'of •said Section 2; thence. ' . (L6) along the southerly line" Of the southeast 'quarter of said. Section 2 'North a92010West t 67.4.28 feet to teasterly he eastly line Of recorded -April 22, '2005; parcel,5 as described in said document • thence (L7) along last said easterly line South OQ917118' West 1345-09 t . he s . �oilther2y lite Of said d parcel 5, thence feet to e North 89*24r23" West 1348:60. along fast ..Said, southerly3-in fest -.o the v&sterlY­iin-- of said parcel 5; thence . (L(L9) al&g. last said westerly line North 00*17'26" East of the, 'southeast .quarter of..sai . d.. feet to the southerly line Section 2; thence 89*20,10, East 33-7,14 ins South (3,10),'along last said 06utherly I id .. feet to I. t . he westerly. line of parcel 4. as described in s . a doc=ent recorded April- 22, .2005; thence -1.346-96 d ' westerly line North 00031'30ff. East we (Lll) along 'last sai parcel. --I as - -described in document feet t6 the southerly line of Pa said recorded Dec . ember .2, 2DO2 as ixistr=ent no. 02-2914D79' Of. Official Records; thence (L12')' along last'said southerly line; North.. 89016141ff West 1009.49 feet to the 'westerly, line Of the northwest . st quarter of the q' l southeastuaiter of said Sectoa 2; thence'.1 .1 line North 90*3V27" Fast 1347-98 (L13) along 'last said westerly the southwest quarter of said the northeast corner of feet to. Section 2: thenoe thwest. qu rter of (L14)* along the 'noitherlY said sou . line of .. �L . Section 2 North 'in 89,13,10!1 West 1328.21. feet..feet..to the wes+6z!Y � EXHIBTT'B" Page 32 of 40 i f the land described in document recorded; June. 07, 2006 as' instrument no. 06-1253118 of said Ogicial Records;'tEence'• (L15) along last •said westerly line and its . northerly proiongAtion North '-00`21'14" East 774.87 feet to a point on the centerline of Placerita Canyon Road being a- point on . a curve concave northwesterly having a radius of 1500.00 feet, a radial- .li.ne through last said point..bears North 05°10'01' West;. thence (C16). northeasterly along said curve and said centerline through a central angle of 27011133" an arc distance of 711.90 feet to a point on the. westerly J,ie of --the Past half of the southeast quarter of the northwest quarter of said Section 2 as described 'In document recorded July 12, 2007 as instrument no. 20071654941 of said -Official---Recbrds; thence .{L17) along last said westerly lite,,North 00°28'55." East- 318.70 feet to a point on the 'southerly boundary of Parcel 'Map No. 7096 as skiown on map filed in Book 108. pages 33 and 34 of Parcel. Maps, in said office of the,County Recorder; thence (L18) along last said southerly boundary South 8903D'04" East 667.02 feet to the easterly boundary of -said Parcel Map No. 7096; thence (119) along last said easterly boundary North 00'36'27"' Fast 219.37 feet to a point on said centerline. of Pladerita Canyon Road; thence (L20) along last said centerline the following seven course$, North'50"56'OO"East 684.39 feet to the to the beginning, of a tangent curve Concave southeasterly having a'radius of 1000.00 feet; thence (C21) northeaste;ly along last -said curve through,A central angle of 17°49'10" an -arc distance of 311.01 feet; thence'' X:\AU=\WORM DOCS\LEGALS\3XEI5'_TS\8000 MZBITS\6562 EY3,DOO \ a ENH IT "B" Page 33 of 40 East !65-73 feet said curve North- 68045t1D" L2 rangemt to last s, to the beginning of a tangent curve.,poncave, noxthwest( I irlY having. & radius ox 800.00 feet; thence said. curve.through a central, angle nowths.ake:�15r along last of, 16003r'ooll. an arc distance of 224.10 feet; thence (L24) tangent to last said curve 'North 52 042'10u. -East 101.75 feet. concave .southeasterly' having t. to .the be#nnitig of a tangent curve radius of 590.00..feet; thence - (q25) northeasterly along last- said curve tbrdugh j, cem�_raangle of 36"27' 1 40' an. ar&­distance of -316.73 feet to a point on the boundary of the Cit . Of Santa Clarlta as the sanle. ez:J'sted February 1-4, 2011; th&66 (L26) continuing along said . centerline and. saidboundary. a . nd tangent to last said curve 89°59' 50,, East 1072.47 feet to 'an Canyon angle point in said boundary- 04 he denterline of Sand Caz y Rpaai...the4q,p. (L27) along said boundary and said centerline of Sand 'Canyon Road 11*09105ff East 47.3.95 the following 11 courses and cur ..feet to. the beginning Of a tangent curye concave northeasterly having a radius of 30.0.00 feet; thence (C28). southeasterly along last said curve through a central' angle gle r - of 78'45r40" 'an arc distance of 412,39 feet; thence (L29)'' tangent . to . labt said. curve p . South'89°.54' 45" East- 165._ 04 T feet curve concave northerly. -having -a to the beginning Of a tangent radius of, 1000.0.0 feet; thence . last said curve t-hUh a rog.1 angle Of. (C30) easterly �long central - 25°44'5011 an arc a -stance of 4149.37 feet; thence �L31) tangent to la$t.said curve 4 North 64020r2511 East -213.05'fe.et,. --. to the..4eginping of.a tangent curve concave northwesterly having a radius. of 200-00 feet; thence 8000 9=31T5\8562 M I w I EXHIBIT "B" Page 34 of 40 f{1(C32) northeasterly along last said curve through a central angle of 31°14110" an arc.distance of 109103 feet; thence. "(L33)' tangent to last said curve North 33'06'15" East 95.70 feat to the beginning of a tangent curve concave, southeasterly having a . radius of 200.00 feet; thence (C34)• northeasterly along last said centerline and last said Currie through -a central angle of 42'50'20" an arc distance of 149.54 feet; thence (L35) tangent to last said curve North 7505.6'35" Eases 670.82 'feet to the beginning of a tangent Cu-•rve concave southerly 'having a radius of 300.00 -feet; thence �'. (C36) easterly along last said curve "through a central angle or 33°20'30" an arc distance of 174.58 feet; thence. (L37) tangent to last said curve South 70042!55" East 108.17 feet to the easterly line of the west half of said Section 1; thence {?38);...,leaving said. City Boundary and along last said easterly line South '00°16'15" West 5075.48. feet to the south quarter .corner of said Section 1; thence a •(L39) along the easterly line of the northwest quarter of said *Section 12 South 00°46156" East, 2628.75 feet to the point' of Beginning. Contairang 634.47 acres, more or less. PARCEL 2: Lots 3 and 4 in Section 36, Township 4 North', Range 15 West, San .. Bernardino Meridian in the County of Los Angeles;'. State of California according the official plat thereof 'on file in the Government Land Office described as a whole as follows:. x:\AD=N\WD.n Docs\"-IMrs\exaxaxxs%8000 =slxs\e562 MM.DOC \ n I • B}CHIDTT'B" 1 i Page 35 of 40 Be inning at the southeast corner. of said Section '36; -thence (Ll). along the. southerly line of said Section•.36 South• 8'r°04'10" West 2267;36 set' to the westerly line ;°26'46" West 1144.26 Leet to of said Lot: 3; thence 03 (L2) along said westerly line North the north line of said Lot 3; thence , (L3)'. along the northerly :lives of said Lots, 3 and 4 . North said S'eotioa 69°x8':42" East' 235.0.47 feet to the easterly 'line• of 36; thence rly lane south 00°55'26 west 1034.10 feet to (L¢) along said easte the point of Beginning. Parcel 2 eontainisig 57.68 ,acres, more o= less. 1 692.•15 acres, more or less, in their Parcels and 2 contain >\ADtlIN\�705D 3 DOCS\LEGALS\£1G-7T5\8000 £X.?T£ITS\8562 --r4-DOC ' r r HOUSE NUMBMNG A1MS 20 H 106 240 li 165. 241 H 106 SCALE' 1"-2000' A=mW PARCE NUMBBiS PNtRl I 3e�9-pal-011 . 2810011-01Z zeap-oupla xe9eola-o1n ' 28ga-012-026 Zee -012020 2M&012-032 111&012-099 219"1n915 uq"lz-su ws 219m2-.Se151 x910-012-059 2810012_066 22409 2991M8-0M2Z 1 -032 2810-021 1110-012-0]6 119aplzpn 2810013-039 2849-013-016 2810013011 294""411 2040-01"10 . 234"1"11 2810029-005 Y,646-p11u06 -2&8-0z 7 1849029-000 1818023009 :ane -029-0u , 1199029-019 i 2818-039002 ' 2010035003 _ __ 2090Ai5007 ASSESSOR PMM HUNBHIS PARML 2 2J48 - U STo 076 h2 t:l w ; � w rn .. o y i A 1 to o_ ANNEXATION No. 201 TO THE crrY OF SANTA Cl IkC01NFA 'Soul I SAND DIUMN I, I .-_ EXHIBIT "B" Page 37 of 40 EXHIBIT "B" - -- --- C, r 'LEGAL AES=TION ANNUAnGNN0. 2P11 -t3 TO 7 -IM QTY OF SANT-. CLA.MA . . `gTORLLND-ROBIlQSONRANCH" j Those portions of Section 13 and of the northeastquarter of Section 24, all in Township 4 North, Range I5 West, San Bernardino Meridian, in the County of Los Angeles, State -of California described as follows: Beginning at the northeast corner of said Section 24; t%} n� ce , (L1). along'the.easterly line of the northeast Q1ar'telz of said Section 24 Booth 00°23'25" West 2549.07 -feet to the southeasterly corner of `he northeast quarter of said Section 24,, said corner being aftt a*tgj_'e poi5at,in"•'. the boundary of the City of Santa Glarita as the same ex=sled on 'rebruary thence - _- :(2)_•along•-said' City Boundary the'-'fcll-owing courses and curves; s'ontL 89°53152" West 1318.81 feet; thence 43) North 00°16.28" Bast.2340.95 feet; thence (14) South 70`26'05" West 640.20 feet; thence (15) North 1'9°33'55". West 367.72 feet to a point on a curse concave nosthwesterJy.having a radius of 1522.47 feet, a radial line through said Point bears No;`h 33'17102" West; thence •I (C6) northeasterly along said.curve through a central angle of.10018'51" an arc distance of 274-07 feet; thence - (17) non -tangent tb said curve -South 89°44142" West 346.96.feet; thence (h8) North 49°22'39" East 262.45 feet; thence (19) North 000.17103" East. 377,03 feet to a point on a curve, concave j northerly having a radius of 24 69. 00 feet, a •radial line' through iast said point bears North 14°15'51" West; thence (C10)• westerly along last said curve through a central angle of 16°20'51" an arc distance of 704.45 feet; thence X:\AL4IIN\Y70.iD DOC6�T�+CsP�9\•—T'ITS18000 n'K3IBIT51e563 EKL •DOr '•� , BXHIBrr "B„ Page 38 of 40 !;; ° °'55'00" west 1048.8et 8 feto North 87 the '(ill) tangent to las t. said curve q'a radius of 1000.00 beginning of .z tangent curve concave northerly hev_ng. ...:East; thence , angle of OB°22'03" (C12) westerly along last said curve through a Centra] an arc: distance. 'of 146..04 ,'feet to the beginning of z tangent reverse ng a sad�.us curve concave southerly haviof 1000.00 feet; thence (Ci 3) westerly along last said curve-'hrough a central- anglo3 10°55'29" e as arc distance of '190.96 feet; thence .. • 5,6 feet, (514) tangent to last said our 've' South Erg-3C)'34"Wsst 1232: - thenceoint on the centerline pf (L15) North 00°02146" Raat 895.35 fast to thence Antelope Velley neeway (State Sigh rY l4); g along said ean'arline South 68°11'45" East 1255.7,6 test the' ra dius of beginning'o£`a tangent 'curve cancels northwesterly he 'a thence " 5800.00 feat;. last said .,eu-?e (C17.) ncrthsastarly along said centerline and along _ +o a 1e of 20°44'364 an a'rc distance 2099:83 feet through a central: angle i Ile"oi the ''.'.and _ point of the . r_GrtheslY Pro 6h 5f chs' trest'ex_Y 1988 as ,Instrument described is parcel'1 in document recorded 'Au gust 11, of the office of the County.R�corder No. 88-1209676 of Official Records, in : of said county; thence (L18) leaving said City Souadary and along said ,prolongation and °IIg said westerly line South SO°17'034 West,491,67 feet to the northerly line of•the, land described 'as Parcel '1 ,it doleInt recorded Rebrpary 27r 1968 as Instrument No. .3275of said Official Records; thenpe (119) along said northerly line South 89042157" East 200.00 feet to the westerly line of last said Parcel 1; thence (i20) along said easterly line South DO°17'03" West 200:00' feat tO the southerly line of last said Parcel 1i thence 89 42`57" West 200.00 feet'to ,the•:: (121) along said soiutherly line North . westerly line'of Parcel 1 as described in said document recoz4ed August 01 1988; thence . X:\r.DMa+\V:030 DO'..S\iBGffi5\?. ^X.�+�ETS\6000 �3ITS\8563 LX'i.il00 •,S iEXHIBIT "B" Page 39 of 40 b.. .. along last said westerly line South 00°17° 03". West `3.91.67 feet to a southerly lineof last.said Parcel ,l; thence (T23) along last said sou herly line North 89°40'54"•Vast 465.8B feet. to,. .the southeasterly fire of last. said Parcel 1;. tkieuce (124) 'aloag said southeasterly line -North 43°11. 47 East ,94.85. feet to. the beginning of a tangent curve concave southeasterly having a radius of 1532.47 feet; thence- (C25) northeasterly along last said curve and along said.-southeasterly line 'through a centrL angle of 33°12!00" an arc distance of 887.99 'feet; thence (L26) non-tangent to last said curve and along last said southerly line North 80'41'091 East 112:38 feet; thence (L27) cohtinuing along last said southerly lice North 87°05'09" E35L 594.72 feet'to the easterly line, of rhe southeast quarter of said Seca= 13; thence (h28) along last said easterly line South 00026142". West 2.218.04 feef to the Point of Be#MnIng. _ Con-aiming 204.32 acres more or less. X: VL9LIr-Yr\WORD DD^w°\i5G^.�6\EXi33TS\8000 S%8I3I?£�8�63 �rd-�AC � �, a in m ne:� I .. -, ITy naH dlY&MdF urr ov sr�Tn nuam Y#' �l 1_' q y xruc. f L�r�fila r mf � NNEWION No. zw -u - 11n �iTi'.M1 { _..b fp 3.4f {II T6� t w>a A0. NFU %Mlvkmt ynn�NRN WWI WM WHUJ]Y# hRf TOhIE Q1Y OF &WTh Clfh T-�NfilhX0.ft�9N4�O111WIGPy� nmeAnnVAWa°S01 A y 0 o'�.`'w'Na, nam' 'iJ^s�%'dl::;���( LEc1•TID i �,.., 1 iMM NMe,F s�ao. • g � � � � , w�E 'S u ui ^• 'Tvw�LVY•32A t IIMBvt r, _ nWm-•IOL- rowY• • .. ... � sort maA TRn of M••+ ww.�_i ..r ..� ••„. g ,_'�!ID• - gCM_I-lio -•• ®a .. •e: ' Ni, •• �elbe �imrvm,4ail �r - • _ .IU -u L YM1M1 Bo M A `-.. •••— ^v M- �B—�� • Av-W1-= � -` w% •. vN-�ml '• --y 1 ' v M • ' • fYLIn ' - � 1L .44 N 6-0IFo1S - i I � � �1' .• � •. • J�� T�l y'° _ e10,o-N.G'lb11 ' 1 �' •,• - TJN•IYaiNrl •. -lif. _ 1 �p•u §Ma-OYI-O32 � „ 3'fij?.� , 1. I � � mia' F _ wszu a in m ne:� I .. -, ITy naH dlY&MdF urr ov sr�Tn nuam Y#' �l 1_' q y xruc. f L�r�fila r mf � NNEWION No. zw -u - 11n �iTi'.M1 { _..b fp 3.4f {II T6� t w>a A0. NFU %Mlvkmt ynn�NRN WWI WM WHUJ]Y# hRf TOhIE Q1Y OF &WTh Clfh T-�NfilhX0.ft�9N4�O111WIGPy� nmeAnnVAWa°S01 A y 0 ATTACHMENT C (Assigned Franchise) CONTRACTOR EXECUTE 001874 Exclusive Franchise Agreement For The Area of Santa Clarita Valley BY AND BETWEEN THE COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS c BURRTEC WASTE INDUSTRIES, INC. CONTRACTOR EXECUTE 001874 EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND BURRTEC WASTE INDUSTRIES, INC. FOR PROVISION OF REFUSE, RECYCLABLES, AND GREEN WASTE AUTOMATED CART SERVICES AT RESIDENTIAL PREMISES AND CERTAIN MULTIFAMILY AND COMMERCIAL PREMISES FOR THE SERVICE AREA OF SANTA CLARITA VALLEY NOVEMBER 1, 2008 TABLE OF CONTENTS RECITALS....................................................... 1 SECTION 1 GRANT OF RIGHT AND PRIVILEGE TO PROVIDE FRANCHISE SERVICES ............................................ 3 A. Grant of Franchise .................................3 B. Exclusions from Franchise ............................ 4 C. Definition of Rights ................................. 5 D. Franchise Fee ..................................... 5 SECTION 2 TERM ................................................ 5 A. Term ............................................ 5 B. Obligations Upon Expiration or Termination of Agreement... 5 C. Undepreciated Assets ............................... 7 SECTION 3 SCOPE OF SERVICES AND SPECIFICATIONS ............... 7 A. Prescribed Scope .................................. 7 B. County Notice ..................................... 7 C. Change in Scope of Services ......................... 7 D. Franchisee Documentation ........................... 7 SECTION 4 SERVICE STANDARDS ................................... 8 A. Public Health and Safety; Nuisances .................... 8 B. Streets and Alleys .................................. 9 C. Non -Collection Notice ............................... 9 D. Subscription Order ..................................10 E. No Exceptions to Performance Obligations ............... 11 F. Nondiscrimination ................................ 11 G. Franchisee Waste Reduction Practices .................. 11 H. Customer Correspondence and Other Materials........... 12 I. Publicity and News Media Relations .................... 12 J. Responsiveness to County ........................... 13 K. No Commingling of Intedurisdictional Materials............ 13 L. Key Personnel ..................................... 13 SECTION 5 PRIVACY .............................................. 13 A. General .......................................... 13 B. Mailing Lists ....................................... 14 C. Privacy Rights Cumulative ............................ 14 SECTION 6 UNPERMITTED WASTE SCREENING AND REPORTING....... 14 A. Protocol .......................................... 14 B. Prohibition on Collection ............................. 14 C. Reports to Acting Director ............................ 14 D. Labels ........................................... 15 E. Safe Disposal Customer Education Program 15 SECTION 7 CUSTOMER SERVICE ................................... 15 15 Types and .......................•• A. Office ............................................ 15 Format ........................................... Reporting Adverse Information ........................ B. Telephone Service .................................. 15 Submission of Reports ............................... C. Bilingual .......................................... D. Customer Complaints; Missed Collections ............... 15 SECTION 8 OWNERSHIP OF SOLID WASTE .................... • • • • • • • 16 SECTION 9 DIVERSION..........................................1. 17 SECTION 10 RATES AND CUSTOMER BILLING .......................... 17 25 A. Rates ............................................ 17 28 B. Billing ............................................ 28 SECTION 11 FRANCHISEE RECORDS; AUDITS ................ • • • • • • • • • 17 Disaster Assistance ....... :......................... A. Record Maintenance and Retention....................18 18 B. County Custody ..................................... 18 C. Inspection and Audit ................... • • . • • • • • • • • • • 19 D. Copies ........................................... SECTION 12 PROGRAM IMPLEMENTATION AND REPORTING REQUIREMENTS ........................................ 19 A. Programs ......................................... 19 B. Submission of Records .............................. 19 SECTION 13 REPORTS ............................................. Content " " 19 22 A. Types and .......................•• B. C. Format ........................................... Reporting Adverse Information ........................ 22 D. Submission of Reports ............................... 23 23 E. County's Right to Request Information .................. 23 F. Reporting Requirements for Improper Solicitations......... SECTION 14 INDEMNIFICATION AND INSURANCE ................... • • • . 23 23 A. Indemnification and Release of County .................. 25 B. C. Insurance ......................................... Compensation for County Costs ....................... 28 SECTION 15 PERFORMANCE ASSURANCE ............................ 28 SECTION 16 EMERGENCY SERVICE .................................. A. County Right to Provide MSW Management Services.. • • • . 29 29 B.. Disaster Assistance ....... :......................... 33 SECTION 17 DEBARMENT BREACHES AND DEFAULTS; SUSPENSION; TERMINATION ........................................... 34 A. Notice of Breach; Franchisee Cure ..................... 34 B. Franchisee Default .................................. 34 C. Notice of Franchisee Default .......................... 36 D. Suspension or Termination of Agreement ................ 37 E. Franchisee Responsibility and Debarment ............... 38 SECTION 18 ENFORCEMENT OF AGREEMENT ......................... 38 A. As Provided by Law ................................. 38 B. County's Additional Remedies ......................... 38 C. Injunctive Relief .................................... 39 D. Recovery of Damages ............................... 39 E. County's Reimbursement Costs ....................... 41 F. Waiver ........................................... 41 SECTION 19 TRANSFER OF FRANCHISE .............................. 41 A. Director Consent ................................... 41 B. Franchisee Demonstration ............................ 41 C. Payment of County's Transfer Costs .................... 41 D. County's Reimbursement Costs of Enforcement........... 42 SECTION 20 GENERAL PROVISIONS .................................. 42 A. Exercise of Options ................................. 42 B. Independent Status ................................. 42 C. Damage to Property and Personal Injury ................. 42 D. Venue ........................................... 43 E. Amendments and Changes ........................... 43 F. Notices ........................................... 43 G. Authorized Representative of Director ................... 44 H. Authority and Representations; County Disclaimer......... 44 I. Limitation on Subscription Orders ...................... 45 J. Criminal Activity .................................... 45 K. Notice of Delay .................................... 46 L. County's Quality Assurance Plan ....................... 46 SECTION 21 DEFINITIONS AND INTERPRETATION OF AGREEMENT....... 47 A. Definitions ........................................ 47 B. Interpretation and Construction ........................ 47 C. Integration ........................................ 48 D. Governing Law ..................................... 48 E. Severability ....................................... 48 F. Interpretation ...................................... 48 SECTION 22 COMPLIANCE WITH LAWS AND REGULATIONS .............. 49 A. Applicable Law ..................................... 49 50 B. County Child Support Compliance Program .............. SECTION 23 LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS.......................................... 50 50 A. Labor Code ....................................... B. Consideration for GAIN/GROW Participants for Employment. 51 C. Notices to Employees ............................... 51 52 D. Prohibition Against use of Child Labor .................... E. Nondiscrimination .......................... • • . • .... 52 53 F. Safety ............................................ 54 G. County Lobbyists ................................... SECTION 24 EXECUTION OF AGREEMENT ............................. 54 54 A. Execution of Counterparts ................. • • • • • • ... ' . B. Authority to Execute ........................... • .... 54 EXHIBIT 3A FRANCHISEE SERVICES AND SERVICE SPECIFICATIONS.... A. Provisions Cross -Referenced in the Body of the Agreement. B. General Specifications ................... • • . • • . • • • . • . 1. Collection Commencement Date/Hours of Collection. 2. Waste Diversion Program ................... 3. Containers ................................ 4. Vehicles .................................. 5. Subcontractors . ............................ 6. Routing and Container Placement .............. 7. Collection Frequency ........................ C. Refuse Collection, Transportation, and Disposal.......... . D. Recyclables Collection, Transportation, Processing, and Diversion ................ • • • • • • E. Green Waste Collection, Transportation, Processing, and Diversion ......................................... F G. H. I. Special Services .................................. 1. Holiday Tree Collection ...................... 2. Bulky_ Items Excess Solid Waste, E -Waste a M 56 56 57 57 57 59 61 61 61 62 62 63 66 66 66 67 68 68 Roll -Out Services ................................... 69 Senior Discount .................................... 69 Transition Roll -Out Plan .............................. 70 IV J. Franchisee Commitments Made in Its Proposal to County for Procurement of This Agreement ....................... 70 K. MSW Management Services to Residential Premises in Bins. 70 ATTACHMENT 1 to Exhibit 3A STREET SWEEPING SCHEDULE (Section 136) ....... 72 EXHIBIT 3D FRANCHISEE DOCUMENTATION .......................... 73 EXHIBIT 10 RATES ................................................ 76 ATTACHMENT 1 TO EXHIBIT 10: RATE ADJUSTMENT EXAMPLES .................... 80 ATTACHMENT 2 TO EXHIBIT 10: RATE SCHEDULE (Customer Service Charges) ......... 83 EXHIBIT 18D2 LIQUIDATED DAMAGES .................................. 84 EXHIBIT 20G AUTHORIZED REPRESENTATIVE OF COUNTY'S DIRECTOR OF PUBLIC WORKS ........................................ 87 EXHIBIT 20H FRANCHISEE'S REPRESENTATIONS AND WARRANTIES...... 88 EXHIBIT 21 DEFINITIONS ........................................ 91 P.W,,Ub\CONTRACT\J"nette\FRANCMISE AGREEMFNTS\2007\Agmsments\TCC Agmment SCV.doc 0 v 001874 THIS AGREEMENT is made and entered into on �C�vG1 3� 2008, by and between the County of Los Angeles, a political subdivision of the State of California (COUNTY), and Burrtec Waste Industries, Inc., a California Corporation (FRANCHISEE). RECITALS WHEREAS, Municipal Solid Waste (MSW) Management Services have been provided by private haulers pursuant to permit. Historically, in the approximately 2,700 square mile unincorporated territory of the COUNTY, with a population of approximately one million inhabitants, MSW Management Services have not been provided by the COUNTY itself but rather by private industry through competitive, free enterprise, and open -market, private operations, except in Garbage Disposal Districts where the Garbage Disposal Districts contract with private haulers. Residents and businesses have individually arranged for Solid Waste collection. Customer service charges have been negotiated between customers and haulers. The practice of private arrangements for MSW Management Services between a hauler and Customers will continue under this AGREEMENT, but in order to limit the wear and tear on COUNTY streets, reduce pollution from collection vehicle exhaust, increase customer service accountability, improve Assembly Bill (AB) 939 program implementation performance and reporting accuracy, and facilitate more efficient franchise agreement administration and enforcement by COUNTY staff, only FRANCHISEE will arrange with Customers for MSW Management Services, subject to the terms of this AGREEMENT. WHEREAS, the COUNTY is authorized to award franchises to private haulers. Article XI, § 7 of the California State Constitution authorizes the COUNTY to protect the public health and safety by exercising its authority over police and sanitary matters. Historically, the COUNTY Department of Health Services issued permits to haulers for the hauling of solid waste with requirements to protect public health and safety, including frequency of collection and collection vehicle maintenance. It will continue to do so, and FRANCHISEE will continue to obtain that permit and comply with all of its provisions. WHEREAS, California Public Resources Code § 40059 specifically authorizes the COUNTY to prescribe the terms and conditions of aspects of MSW Management Services, including frequency of collection; means of collection and transportation; level of services; charges and fees; and the nature, location, and extent of providing MSW Management Services; and whether the services are to be provided by means of nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit or otherwise. WHEREAS, the County Code authorizes. the COUNTY'S Acting Director of Public Works to require franchises in any part of the unincorporated territory of the COUNTY not served by a Garbage Disposal District. Page 1 WHEREAS, the COUNTY must comply with AS 939. The State of California has found and declared that the amount of solid waste generated in California coupled with diminishing landfill space and potential adverse environmental impacts from landfilling have created an urgent need for State of California and local agencies to enact and implement an aggressive new integrated waste management program. Through enactment of AS 939, the State of California has directed agencies, such as the COUNTY, to divert 50 percent of all solid waste through source reduction, recycling, and composting activities. The California Integrated Waste Management Board has granted the COUNTY a time line to achieve compliance with the AS 939 diversion requirements. Compliance is based in part on executing and implementing this AGREEMENT in order to secure cooperation with FRANCHISEE'S AS 939 waste diversion programs, record keeping, and reporting. WHEREAS, the COUNTY'S Acting Director of Public Works has determined to require franchises for Franchise Services. In order to assist residents and businesses located in the Service Area to receive quality MSW Management Services and to provide the COUNTY with programs, records, and reports that will help the COUNTY comply with AS 939, the Acting Director of Public Works has determined to franchise MSW Management Services in portions of the COUNTY, under the terms of this AGREEMENT. The COUNTY gave the FRANCHISEE a 5 -year notice under California Public Resources Code § 49520 of the COUNTY'S intent to authorize, among other options, the exclusive franchising of MSW Management Services in portions of the COUNTY. WHEREAS, residents and businesses in the service area are not required to subscribe to Franchise Services. They may self -haul their refuse, and this AGREEMENT excludes the collection of self -hauled waste. Owners and occupants of residential premises may collect solid waste in their own containers, transport in their own vehicles and themselves dispose of solid waste generated at their premises. The obligation to FRANCHISEE'S customers under this AGREEMENT to pay Customer Service Charges under this Agreement does not arise because they own property, but because they generate refuse and do not exercise their right to self -haul. WHEREAS, the FRANCHISEE will perform Franchise Services in accordance with the laws governing the safe collection, transport, recycling and disposal of Residential and Commercial Solid Waste, such as AS 939, Recovered Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response Compensation and Liability Act (CERCLA). The COUNTY will not exercise control over the disposal or other disposition of the Solid Waste handled by the FRANCHISEE, and the COUNTY will not designate or determine the use of any given solid waste facility. FRANCHISEE acknowledges that by entering into this AGREEMENT, the COUNTY does not assume any of FRANCHISEE'S obligation to or responsibility for providing Franchise Services, and the COUNTY does not become a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3). FRANCHISEE agrees that FRANCHISEE, an independent entity, and not the COUNTY, is arranging for Franchise Services provided under this AGREEMENT. Although minimum scope of Franchise Services, Service Specifications, and Service Standards are set forth in this ._.. Page 2 AGREEMENT, the COUNTY has not, and by this AGREEMENT does not, supervise Franchise Services or assume title to Solid Waste. WHEREAS, the COUNTY consulted with representatives of private haulers in developing this AGREEMENT. The COUNTY and representatives of the private hauling industry met many times to discuss the scope of Franchise Services, Service Specifications, Service Standards and other Performance Obligations and to address certain of the industry's questions, comments and concerns, and the COUNTY provided multiple drafts of this AGREEMENT to these representatives. WHEREAS, the FRANCHISEE has set its compensation (the Customer Service Charges) through competitive procurement. The COUNTY issued a Request for Proposals to provide services under this AGREEMENT, and private waste hauling companies submitted proposals, including their proposed schedule of rates and charges. The COUNTY selected FRANCHISEE based, inter glia, on FRANCHISEE'S price proposal. Under this AGREEMENT, the FRANCHISEE cannot charge more than the Customer Service Charges, which it bills and collects from its customers. WHEREAS, the FRANCHISEE is awarded this AGREEMENT. The Board of Supervisors determines and finds pursuant to California Public Resources Code § 40059, that the public health, safety, and welfare require that FRANCHISEE be awarded this AGREEMENT for Franchise Services pursuant to Chapter 20.70 of the County Code. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1 - GRANT OF RIGHT AND PRIVILEGE TO PROVIDE FRANCHISE SERVICES A. Grant of Franchise. COUNTY grants to FRANCHISEE the right and privilege described in this Section. COUNTY'S grant is conditioned on FRANCHISEE being at all times ready, willing, and able to fully and timely meet all of its Performance Obligations. FRANCHISEE accepts this Franchise subject to all of the terms and conditions in this AGREEMENT and the exclusions in subsection B. Grant of Exclusive Franchise for Collection in Carts. COUNTY grants to FRANCHISEE the exclusive right and privilege together with the obligation to make and enter into independent arrangements with Customers for the provision of Franchise Services to Residential Premises, and any other rights and privileges provided in Exhibit 3A, subject to the exclusions in subsection B. 2. Grant of Nonexclusive Franchise. a. Recyclables. COUNTY grants to FRANCHISEE the nonexclusive right and privilege together with the obligation to arrange to provide Page 3 Franchise Services with respect to Recyclables discarded by Customers if prescribed in Exhibit 3A. Notwithstanding the foregoing, however, Customers may donate or sell any or all of their Recyclables to Persons other than FRANCHISEE. B. Exclusions from Franchise. Customer Self -Haul. This Franchise excludes the right and privilege to Collect self -hauled Solid Waste. Owners and occupants of Residential Premises and other Persons performing services other than MSW Management Services (such as roofers and gardeners) at those Premises may collect in receptacles other than Containers provided by FRANCHISEE, transport in their own vehicles, and themselves dispose of some or all of the Solid Waste generated at those Premises. 2. COUNTY and Third -Party Agencies. This Franchise excludes the right and privilege to arrange to provide Franchise Services to Premises owned or controlled by any of the following entities: a. COUNTY or any other entity governed by the Board of Supervisors; b. The State of California; C. Any school district;. d. Any entity that is excluded by law from the obligation to subscribe to Franchise Services under this AGREEMENT. This Franchise does not prohibit FRANCHISEE from executing separate agreements with those entities to provide MSW Management Services. 3. Collection of Solid Waste in Bins at Residential Premises. This Franchise excludes the right and privilege to provide Collection of Solid Waste in Carts for any Residential Customer requesting Bins instead of Carts, or any other exclusions provided in Exhibit 3A. That Customer may arrange with FRANCHISEE or another Person to provide MSW Management Services in Bins. 4. Collection of Solid Waste in Carts at Commercial Premises and Multifamily Premises. As provided in Section 1A2b, this Franchise excludes the exclusive right and privilege to provide Collection of Solid Waste in Carts at Commercial Premises and Multifamily Premises. 5. Rights Under California Public Resources Code 4 49520. This Franchise excludes the right and privilege to arrange for provision of Franchise Services with any Person who is receiving solid waste handling services from a solid waste enterprise that has the statutory right to continue to provide solid waste handling services to that Person in accordance with California Public Resources Code § 49520 et seq. This Page 4 Franchise does not prohibit FRANCHISEE from executing separate agreements with those Persons to provide Franchise Services. C. Definition of Rights. FRANCHISEE acknowledges having received a timely notice from COUNTY under California Public Resources Code § 49520 before entering into this AGREEMENT, which notice precludes FRANCHISEE from asserting the right to continue to provide MSW Management Services in the Service Area without a franchise agreement as may be required by COUNTY, now or in the future. FRANCHISEE further acknowledges that the signing of this AGREEMENT does not confer on FRANCHISEE any rights under California Public Resources Code § 49520 and that FRANCHISEE does not have the right to make any claim under California Public Resources Code § 49520 but only under the terms of this AGREEMENT. Notwithstanding the foregoing, in accordance with California Public Resources Code § 49523, COUNTY and FRANCHISEE agree, based on the mutually satisfactory terms of providing Franchise Services set forth in this AGREEMENT and receipt of compensation therefor, that FRANCHISEE shall cease providing MSW Management Services in the Service Area on the Termination Date even if that Termination Date should occur before the expiration of the period described in California Public Resources Code § 49520. FRANCHISEE'S agreement and acknowledgments in this AGREEMENT do not foreclose COUNTY from reprocuring agreements for MSW Management Services, including from FRANCHISEE, after termination of this AGREEMENT, by exclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit or otherwise, with or without competitive bidding. D. Franchise Fee. In consideration for this Franchise, FRANCHISEE shall pay COUNTY the Franchise Fee at the time and in the amount and manner established from time to time by COUNTY ordinance or resolution of the Board of Supervisors. FRANCHISEE shall not separately identify the Franchise Fee in correspondence with Customers, including in Subscription Orders, bills, or invoices. FRANCHISEE'S fees, charges, and other compensation from providing MSW Management Services to Residential Premises in Bins, as authorized but not required in Exhibit 3A, will not be included in the calculation of the Franchise Fee. SECTION 2 — TERM A. Term, This AGREEMENT commences on the date both parties have executed this AGREEMENT and expires on the Termination Date provided in Exhibit 3A. B. Obligations Upon Expiration or Termination of AGREEMENT. The following provisions will survive the expiration or termination of this AGREEMENT: All acknowledgments, including those in the following Sections: Page 5 Section 1C with respect to inapplicability of cited Califomia Public Resources Code provisions Section 3A with respect to COUNTY responsibility Section 11A with respect to COUNTY'S need for Record maintenance Section 12A with respect to AB 939 compliance • Section 21F with respect to FRANCHISEE choice and initiative • Section 23C3 with respect to child support • Section 23A with respect to a legal day's work 2. All representations and warranties, including those made in accordance With the following Sections: Section 21F with respect to review of this AGREEMENT Section 24B, Authority to Execute Exhibit 20H, FRANCHISEE'S Representations and Warranties 3. All Indemnities All obligations to pay any due and payable monetary amounts, or claims for those amounts, including: Any Franchise Fees Payment of Transfer Deposits and Transfer Costs defined in Section 19C • Damages under Section 180 5. All obligations to maintain and submit Records and Reports, including: The final Annual Report Information with respect to Solid Waste Facilities Copies of certificates of insurance or other evidence of coverage and Records of Disposal • Notice of destruction of Records of Disposal Inspection and audit 6. Any other provisions of this AGREEMENT and rights and obligations of the Parties stated to survive the Termination Date, including this subsection B with respect to removal of Containers. If FRANCHISEE is not awarded an agreement to allow FRANCHISEE to continue to provide MSW Management Services substantially similar to Franchise Services in the Service Area after the expiration or termination of this AGREEMENT, FRANCHISEE shall cooperate fully with COUNTY and the succeeding franchisee, licensee, permittee or other provider of MSW Management Services to assure a smooth, efficient, orderly, timely, and effective transition and continued delivery of MSW Management Services to FRANCHISEE'S former Customers. FRANCHISEE shall not remove a Container from any Premises until the earlier of: (1) the date any replacement Containers Page 6 are provided to the Customer, or (2) two weeks after the Termination Date. FRANCHISEE'S OBLIGATIONS AND COUNTY'S RIGHTS IN THIS SUBSECTION B SURVIVE THE TERM. C. Undepreciated Assets. If any of FRANCHISEE'S assets remain undepreciated upon the expiration or earlier termination of this Franchise, FRANCHISEE has no right to recover amounts equal to the undepreciated asset value from COUNTY or Customers, and neither COUNTY nor Customers are obligated to compensate FRANCHISEE for any undepreciated asset value. SECTION 3 - SCOPE OF SERVICES AND SPECIFICATIONS A. Prescribed Scope. FRANCHISEE shall arrange to provide Franchise Services to Premises in the Service Area with any Person who requests them. Notwithstanding the foregoing, subject to meeting the minimum required scope of Franchise Services and Service Specifications and Service Standards, FRANCHISEE has the freedom and discretion to determine the means, manner, or method of providing Franchise Services. FRANCHISEE acknowledges that in entering into this AGREEMENT, COUNTY is not responsible for supervising FRANCHISEE or for performance of any Franchise Services. FRANCHISEE is solely responsible for choosing the Solid Waste Facilities. In addition, County is not the owner or titleholder of any material Collected, transported, Disposed of or otherwise handled by FRANCHISEE. B. County Notice. Upon Notice of request by the Acting Director, FRANCHISEE shall use its best efforts to promptly provide Franchise Services to any Premises, as the Acting Director deems necessary to protect public health or safety. C. Change in Scope of Services. COUNTY may change the scope of Franchise Services and Services Standards, subject to any Rate adjustment agreed to with FRANCHISEE in accordance with Section 10A. D. Franchisee Documentation. 1. FR_AN G"I "I lOm IItl11bc wu,. -• --- - FRANCHISEE shall provide Franchise Services in compliance with Franchisee Documentation attached as Exhibit 3D. 2. Changes in Franchisee Documentation. a. Notice to COUNTY. FRANCHISEE shall give the Acting Director prompt Notice of any changes in Franchisee Documentation listed in Section A of Exhibit 3D Franchisee Documentation, after the Execution Date. The Acting Director's receipt of those changes will be evidenced by the following acknowledgment appended to the changed Franchisee Documentation: Page 7 "Acknowledgment: FRANCHISEE has submitted the attached Franchisee Documentation listed below as of the following date: Date: /O`3y-off ! Acting Director: b. COUNTY Consent. FRANCHISEE shall submit to the Acting Director for review and consent any changes occurring in Franchisee Documentation listed in Section B of Exhibit 3D Franchisee Documentation, after the Execution Date. The Acting Director's approval will be evidenced by the following acknowledgment appended to the changed Franchisee Documentation: "Acknowledgment: I have reviewed and approved the attached Franchisee Documentation submitted by FRANCHISEE as of the following date: Date: D -3U—O '""Acting Director: SECTION 4 - SERVICE STANDARDS A. Public Health and Safety; Nuisances Litter. FRANCHISEE shall clean up all litter caused by FRANCHISEE. When Collecting any Bulky Item, FRANCHISEE shall also clean up all litter within a 10 -foot radius of the site from which FRANCHISEE Collected the Bulky Item. FRANCHISEE shall ensure that each Vehicle is properly staffed and equipped at all times for this purpose. 2. mills. FRANCHISEE shall enclose or cover Solid Waste that it transports in Vehicles, debris boxes, hoppers, compactors, or any other containers. FRANCHISEE shall prevent Solid Waste from escaping, dropping, spilling, leaking, blowing, sifting, falling, or scattering from Vehicles ("Spills") during Collection and transportation. FRANCHISEE shall not transfer loads from one Vehicle to another Vehicle unless necessitated by mechanical failure or accidental damage to a Vehicle. FRANCHISEE shall immediately clean up any Solid Waste that it Spills onto any .alley, street, or public place. 3. Leaking. FRANCHISEE shall prevent oil, hydraulic fluid, paint, or other liquid from leaking from its Vehicles. FRANCHISEE shall ensure that each Vehicle carries petroleum absorbent agents, and other appropriate cleaning agents and if any liquid leaks from a Vehicle, FRANCHISEE shall immediately cover, treat, or remove the liquid materials from the ground, as necessary, and apply the necessary cleaning agent to minimize the adverse impact of the liquid materials. Page 8 4. Noise. FRANCHISEE shall conduct Collection as quietly as possible, in compliance with noise levels prescribed by Applicable Law, including County Code § 12.08.520 - Refuse Collection Vehicles. FRANCHISEE shall perform Franchise Services so as to cause the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which it performs Franchise Services. 5. Emergency Telephone Number. FRANCHISEE shall maintain a local emergency telephone number disclosed to the Acting Director for use by the Acting Director outside Franchisee Office Hours. FRANCHISEE shall make a representative available at the emergency number outside Franchisee Office Hours who will return any emergency call as soon as possible, and in any event within one hour. B. Streets and Alleys. FRANCHISEE shall use its best efforts to prevent damaging alleys, streets, and parking lots over which its Vehicles operate. FRANCHISEE shall obtain all approvals required to operate Vehicles on private alleys, streets, and parking lots. Subject to COUNTY review and approval and to Section 20C, FRANCHISEE may require Customers to sign a Subscription Order containing a waiver of liability and/or an indemnification in connection with subscribing for Franchise Services on private driveways or pavement. C. Non -Collection Notice. FRANCHISEE is not obligated to Collect in any of the following events: 1. FRANCHISEE observes the presence of Unpermitted Waste at the Set - Out Site other than any Unpermitted Waste that Franchisee Collects as Bulky Items, E -waste or CEDs; 2. FRANCHISEE observes an unsafe condition at the Set -Out Site; 3. Solid Waste is not placed in a Container, except for uncontainerized materials set out as part of any on-call Collection of Bulky Items, E -waste and CEDs and annual cleanup campaigns, and uncontainerized Green Waste prescribed as part of Franchise Services; 4. Containers, Bulky Items, E -waste or CEDs are not placed at the Set -Out Site; 5. A Container exceeds any weight limitations described in Subscription Orders; 6. The Customer has not timely paid FRANCHISEE'S invoice for Franchise Services; 7. The Premises are not safely accessible to Vehicles; Page 9 8. FRANCHISEE observes the presence of Refuse or Green Waste in a Recyclables Container or Refuse or Recyclables in a Green Waste Container or any other material in Containers specified in Exhibit 3A; 9. FRANCHISEE observes any other event provided in Exhibit 3A. If FRANCHISEE determines not to provide Collection as provided above, FRANCHISEE shall complete and leave a Non -Collection notice, substantially in the form included in Franchisee Documentation, securely attached to a Container, describing the reason the Customer's Solid Waste was not Collected, how the Customer can correct the problem, and how the Customer may contact FRANCHISEE. FRANCHISEE shall Collect the Customer's Solid Waste without surcharge to the Customer no later than 6 p.m. on the day it left the Non - Collection notice, if the Customer notifies Franchise by 3 p.m. that day that the Customer has corrected the condition justifying non -collection. D. Subscription Order. Before commencing Franchise Services for an individual Customer, FRANCHISEE shall provide a Subscription Order to that Customer, substantially in the form included in Franchisee Documentation, which must include at a minimum, all of the following items: The scope of Franchise Services, including size and number of Containers, subscription date, and Set -Out Site; 2. Customer Service Charges, which may be in the form of a general fee schedule, clearly marked to indicate the fees that are specifically applicable to the Customer but which may not separately indicate Rates attributable to Solid Waste materials type, such as Refuse, Green Waste, Recyclables or manure; 3. FRANCHISEE'S billing procedures, including payment due and delinquency dates, FRANCHISEE'S right to terminate Franchise Services for delinquent payments, and, in accordance with Section 10B, the Customer's refund rights after termination of Franchise Services; 4. Holiday schedules; 5. Delivery, pick up, exchange and replacement of Containers; 6. Any weight limitations of Containers; Customers' privacy rights in accordance with Section 5; Nondiscrimination information in accordance with subsection F; Term of the Subscription Order and the Customer's termination rights in accordance with Section 201; _ Page 10 10. Franchisee Office Hours and toll-free Customer service telephone number; 11. Notice that the Customer's subscription is subject to FRANCHISEE'S execution of this AGREEMENT and will be terminated if this AGREEMENT is terminated; 12. The Customer's right to donate or sell any or all of their Recyclables to Persons other than FRANCHISEE as set forth in Section 1A2a above; 13. The Customer's right to self -haul as set forth in Section 1 B1 above; 14. The Customer's rights in the event of property damage or personal injury as described in Section 20C; 15. COUNTY'S telephone number, which the Customer may call after contacting FRANCHISEE if the Customer's service complaint is not satisfactorily resolved; and 16. Any other information requested by the Acting Director. FRANCHISEE shall annually distribute to Customers a summary approved by COUNTY of the Customer's Subscription Order containing the general information described in items 1 through 15, and describing where a Customer can contact FRANCHISEE to obtain a copy of that Customer's Subscription Order. FRANCHISEE may distribute that summary together with other correspondence from FRANCHISEE to all Customers, such as Customer outreach and educational materials. The Acting Director may change the form and content of Subscription Order from time to time after Notice to FRANCHISEE. FRANCHISEE may change the form of Subscription Order only with the Acting Director's prior written consent in accordance with Section 3D. E. Exceptions to Performance Obligations. No exceptions to Performance Obligations described in the text of this AGREEMENT are permitted unless they are specifically identified in Section A2 of EXHIBIT 3A. F. Nondiscrimination. FRANCHISEE shall comply with Subchapter VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e -2000e(17), to the end that no . Customer or any other Person will, on the grounds of race, creed, color, sex, gender, national origin, ancestry, religion, age, physical or mental disability, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. G. FRANCHISEE Waste Reduction Practices. Consistent with the Board of Supervisors' policy to reduce the amount of Solid Waste that is disposed of at Page 11 landfills within the COUNTY, FRANCHISEE shall implement waste reduction practices and procurement policies, including use of recycled -content paper, to the maximum extent possible in providing Franchise Services and maintaining Records. All recycled -content paper that is distributed to Customers must be labeled to indicate recycled content. H. Customer Correspondence and Other Materials. FRANCHISEE shall submit to the Acting Director for approval at least five County Business Days before printing, distributing, or mailing forms of written materials sent or given to Customers (other than with respect to a particular Customer's Subscription Order or Franchise Services complaints). Publicity and News Media Relations. 1. Publici . Unless otherwise required by subsection H or subsection 1.2, FRANCHISEE and its Affiliates, employees, consultants, agents, or subcontractors may, without COUNTY consent, publicize its Franchise Services or indicate in its proposals and sales materials that it has been awarded this AGREEMENT to provide Franchise Services, if FRANCHISEE develops that publicity, proposals, or sales materials in a professional manner. Neither FRANCHISEE nor any of its Affiliates, employees, consultants, agents, or subcontractors may publish or disseminate commercial advertisements, news or press releases, opinions or feature articles using the name of COUNTY without the prior written consent of COUNTY'S Chief Administrative Officer and County Counsel. COUNTY shall not unreasonably withhold written consent. COUNTY consent will be deemed given if COUNTY does not submit to FRANCHISEE any adverse comments within two weeks after FRANCHISEE submitted the publicity material to COUNTY. 2. News Media Relations; Trade Journal Articles. FRANCHISEE shall notify COUNTY by telephone followed by facsimile or e-mail, if possible, of all requests for news media interviews related to the Franchise Services (and not other communities) within 24 hours of FRANCHISEE'S receipt of the request. Before responding to requests involving issues other than those relating to descriptions of Collection programs and scope of Franchise Services, FRANCHISEE shall discuss FRANCHISEE'S proposed response with COUNTY. FRANCHISEE shall submit copies of FRANCHISEE'S draft news releases or proposed trade journal articles related to Franchise Services to County for prior review and approval at least five County Business Days in advance of release. Page 12 FRANCHISEE shall provide to County, within five days after publication, copies of articles related to Franchise Services resulting from media interviews or news releases. J. Responsiveness to County. FRANCHISEE shall return telephone calls from COUNTY to the individual who made that call during County Office Hours no later than the next County Business Day. FRANCHISEE shall meet with COUNTY during County Office Hours within one week of COUNTY'S oral or written request at COUNTY offices or other location directed by COUNTY. FRANCHISEE shall respond to all e-mails from COUNTY within two County Business Days of receipt and shall respond to other written correspondence from COUNTY within one week of receipt thereof. K. No Commingling of Interjurisdictional Materials. FRANCHISEE may not commingle, in its Vehicles or otherwise, any Solid Waste that it Collects with any other materials that it collects in cities, without the express prior written consent of the Acting Director, who may require documentation such as records of customers, including container capacities, in cities and in the Service Area, respectively. FRANCHISEE shall maintain Records with respect to Solid Waste separately from weight and records with respect to those other materials. L. Key Personnel. FRANCHISEE acknowledges that it identified certain personnel and described their professional experience and qualifications in the proposal it submitted to the COUNTY in connection with the procurement of this AGREEMENT, and that COUNTY awarded this AGREEMENT to FRANCHISEE based in part on those individuals' experience and qualifications. FRANCHISEE shall identify those personnel ("Key Personnel) in Franchisee Documentation. FRANCHISEE shall provide COUNTY at least 30 days' Notice of changes in Key Personnel, including the professional experience and qualifications of the individual FRANCHISEE proposes to serve in place of a departing Key Personnel, unless a Key Personnel gives FRANCHISEE less than 30 days' notice of resignation, in which case FRANCHISEE shall provide COUNTY prompt Notice. During that 30 -day period, COUNTY may request FRANCHISEE to propose an alternative individual to serve in the position of the departing Key Personnel. SECTION 5 - PRIVACY A. General. FRANCHISEE shall strictly observe and protect the trade secrets and rights of privacy of Customers. FRANCHISEE shall not reveal to a Person other than COUNTY any information identifying individual Customers or the composition or contents of a Customer's Solid Waste to any Person unless under Section 11 or upon the authority of law or upon valid authorization of the Customer. This provision may not be construed to excuse FRANCHISEE from its obligations to assist COUNTY in the preparation of Solid Waste characterization studies or waste stream analyses, keeping Records, making Reports, or assisting COUNTY on meeting any of the requirements of AB 939. Page 13 B. Mailing Lists. FRANCHISEE shall not market or distribute mailing lists with the names and addresses of Customers. ations in this Section are C. Privacy addition toany other prghts ivacy rights accorded Custoative. FRANCHISEE'S mers under Applicable Law. 'n SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING A. Protocol. FRANCHISEE shall develop and implement the Unpermitted Waste Screening Protocol included in Franchisee Documentation, in compliance with Applicable Law and including, at a minimum, the following provisions: 1. Ongoing employee training in identification, safety and notification procedures, including leaving Non -Collection notices, when safe; 2. Means of driver inspection, such as visual inspection during tipping of Containers into Vehicles; 3. Immediate driver response, such as load segregation; 4. Driver notification, such as calling FRANCHISEE'S dispatcher or field supervisor; 5. Notification of appropriate local agency or department; 6. Appropriate action, such as segregation and containerization for manifesting and transport for disposal in accordance with Applicable Law or securing services of permitted handling and transport company; 7. Compliance with Applicable Law, including regulations of the federal Department of Transportation (DOT) (Title 49 CFR) and of the United States Environmental Protection Agency (Title 40 CFR); and S. Form and content of labels described in subsection D. B, Prohibition on Collection. FRANCHISEE is prohibited, unless licensed in accordance with Applicable Law, from Collecting any Unpermitted Waste observed by FRANCHISEE other than in connection with providing Collection of Bulky Items. FRANCHISEE shall notify all Persons required by Applicable Law of Unpermitted Waste that FRANCHISEE finds or observes in Solid Waste. C. Reports to Acting Director, if FRANCHISEE observes that any substance it reasonably believes or suspects to contain Unpermitted Waste has been disposed of or released on any COUNTY or any other public property, including storm drains, streets, or other public rights of way, FRANCHISEE shall use Reasonable Business Efforts to report its observation to the Acting Director in addition to notifying Persons as required by Applicable Law. Page 14 D. Labels. FRANCHISEE shall conspicuously label Containers with stickers, embossing, or other secure means, prohibiting Customers from discarding Unpermitted Waste and including illustrative examples. E. Safe Disposal Customer Education Program. As part of its Unpermitted Waste Screening Protocol, FRANCHISEE shall develop and implement a Customer educational program to maximize exclusion of Unpermitted Waste from Disposal and promote safe handling of Unpermitted Waste. FRANCHISEE shall include a copy of its program in Franchisee Documentation. At least once each calendar year, FRANCHISEE shall distribute flyers, pamphlets, brochures, or other written information describing the safe disposal Customer education program. FRANCHISEE shall submit the materials to COUNTY at least one month before mailing them, and COUNTY may comment on them. FRANCHISEE may combine this distribution with its Customer outreach for the Waste Diversion Program as provided in Section B2b of Exhibit 3A. SECTION 7 - CUSTOMER SERVICE A. Office. FRANCHISEE shall maintain an Office and Vehicle maintenance yard at the address provided in Franchisee Documentation, which FRANCHISEE may change following COUNTY consent in accordance with Section 3D2b. B. Telephone Service. FRANCHISEE shall maintain a toll-free telephone number. FRANCHISEE shall list the telephone number under FRANCHISEE'S name in at least two telephone directories (white pages and yellow pages) available in the Service Area, including English and Spanish or other language as required by the Acting Director. FRANCHISEE'S choice of directories must be approved by the Acting Director before printing. FRANCHISEE shall be available during Franchisee Office Hours at that number to receive calls (including from the Acting Director, Customers, and the public) with respect to its Performance Obligations or Franchise Services (including Subscription Orders, Franchise Services payments, and complaints). FRANCHISEE shall provide an answering machine or answering service at that number to take reports of missed pick-ups and other complaints that are received outside of Franchisee Office Hours and otherwise provide Customer services in accordance with County Code § 20.72.160 and any additional provisions in Exhibit 3A. C. Bilingual. FRANCHISEE shall respond to Customers in English and Spanish and/or any alternative or additional language prescribed in Exhibit 3A, as requested by a Customer. D. Customer Complaints; Missed Collections. 1. Resolution of Complaints. The protection of public health, safety, and well-being require that Customer complaints be acted on promptly and that a record be maintained in order to permit COUNTY and FRANCHISEE to identify potential public health and safety problems. Page 15 Accordingly, FRANCHISEE'S Subscription Order shall direct Customers to make all complaints to FRANCHISEE at the telephone number identified in subsection B. FRANCHISEE shall address all Customer complaints by the end of the next Service Day following Customer contact. If the Acting Director or a Customer notifies FRANCHISEE that FRANCHISEE has missed Collecting from any Container that it should have Collected, Franchisee shall Collect from that Container: a. No later than 6 p.m. on the day it receives the complaint, if it receives the complaint by 3 p.m.; or b. On the next day, if it receives the complaint after 3 p.m. Franchisee shall promptly resolve all other complaints. 2. Complaint Logs. FRANCHISEE shall enter, log and maintain Records of all complaints and their resolution in computerized format and in accordance with County Code § 20.72.160. At COUNTY'S request, FRANCHISEE shall immediately e-mail the following to COUNTY during County Office Hours: (1) those Records and (2) the complaining Customer's Customer Service Charge and Subscription Order. FRANCHISEE shall include a copy or summary of this log for the applicable month in its Monthly Report. 3. County's Reimbursement Costs. If COUNTY employees or agents spend either: (1) more than two hours in the aggregate resolving complaints from any single Customer that the Customer states have previously been filed with FRANCHISEE, or (2) more than one hour in any work week (Monday through Friday) resolving complaints from different Customers; then FRANCHISEE shall reimburse COUNTY its County's Reimbursement Costs incurred to resolve the complaint, as evidenced by an invoice indicating the name and' address of the Customer, nature of complaint, amount of time spent, and hourly fees for employees involved and materials or other disbursements, including phone and postage costs. SECTION 8 - OWNERSHIP OF SOLID WASTE This AGREEMENT does not purport to grant FRANCHISEE ownership over Solid Waste. The right to possession or ownership of Solid Waste placed at the Set -Out Site for Collection, including Green Waste and Recyclables, will be determined in accordance with Applicable Law and not as a result of this AGREEMENT. COUNTY acknowledges that it has no ownership rights in Solid Waste and that FRANCHISEE. may provide for transfer of ownership in the Subscription Order. Page 16 SECTION 9 - DIVERSION FRANCHISEE agrees to use Reasonable Business Efforts to Divert all Recyclables, Green Waste (including holiday trees), Bulky Items, E -waste, and CEDs that it Collects, including implementing its Waste Diversion Program. SECTION 10 - RATES AND CUSTOMER BILLING A. Rates. FRANCHISEE shall charge Customers no more than the Customer Service Charges provided in Attachment 2 (Rate Schedule) of Exhibit 10, and FRANCHISEE shall charge the same, uniform rates to all Customers receiving the same services listed in Attachment 2 of Exhibit 10. B. Billing. FRANCHISEE shall include in its form of Customer invoice the following information: Set -out times and places for Containers as required by the County Code and other County Code requirements as may be requested by County; and 2. Franchisee's telephone number and address for Customer complaints and questions. At COUNTY'S request, FRANCHISEE shall promptly submit its form of Customer invoice to COUNTY. FRANCHISEE shall itemize costs in accordance with service options itemized on the Rate Schedule. FRANCHISEE shall not separately segregate, separate, or designate that portion of a Customer's bill attributable to the Franchise Fee or identify it to Customers. FRANCHISEE may bill Customers monthly, bimonthly, or quarterly as the Customer and FRANCHISEE may agree. At COUNTY'S request, FRANCHISEE enclose with Customer bills all inserts prepared and provided by COUNTY. shall use Reasonable Business Efforts to promoting recycling and waste reduction FRANCHISEE shall refund any overcharges to a Customer (including advance payments for Franchise Services that are subsequently canceled) within 30 days after collection thereof. FRANCHISEE shall pay the Customer interest on overcharges (other than advance payments for subsequently canceled services) with interest thereon at 10 percent per annum from the date originally overcharged until the date refunded. SECTION 11 - FRANCHISEE RECORDS; AUDITS FRANCHISEE'S OBLIGATIONS AND COUNTY'S RIGHTS IN THIS SECTION SURVIVE THE TERM, Page 17 2. Any representation or Report that FRANCHISEE made to COUNTY; Franchise Fee or other money paid to COUNTY; or information that FRANCHISEE submitted to COUNTY. The Acting Director may give Notice to FRANCHISEE identifying any shortfall, and if FRANCHISEE does not pay that shortfall within 30 days, including fees and charges for the late payment of Franchise Fees, that failure to pay will constitute a Franchisee Default in accordance with Section 17. D. Copies. Franchise shall provide copies of Customers' names, addresses, and Franchise Services subscription levels to COUNTY upon request. SECTION 12 - PROGRAM IMPLEMENTATION AND REPORTING REQUIREMENTS A. Programs. FRANCHISEE acknowledges that one of COUNTY'S primary reasons for entering into this AGREEMENT with FRANCHISEE is to assist COUNTY in complying with AB 939. FRANCHISEE shall implement its Waste Diversion Program. FRANCHISEE shall use its best efforts to implement measures intended to achieve COUNTY'S source reduction, recycling and waste stream diversion goals for Solid Waste it Collects. FRANCHISEE shall further use its best efforts to cooperate with COUNTY in conducting Solid Waste characterization studies and waste stream audits. B. Submission of Records. FRANCHISEE shall submit to the Acting Director, without charge to COUNTY or surcharge to Customers, any Records relating to Diversion requested by COUNTY to assist COUNTY in meeting obligations imposed by AB 939. FRANCHISEE shall submit those Records in a format compatible with COUNTY'S computers (such as by e-mail or on computer discs or hard copy) as requested by the Acting Director. SECTION 13 - REPORTS A. Types and Content. Monthly. Within 45 days after the end of each calendar month, FRANCHISEE shall submit the Monthly Report for that calendar month to COUNTY in a form satisfactory to COUNTY, including the following information: The total number of Commercial Premises, Multifamily Premises, and Residential Premises, respectively, at which FRANCHISEE provided for regularly scheduled Collection of Refuse or other measurement requested by COUNTY concerning these items; The respective total quantities of: Page 19 Refuse (in Tons), Recyclables (in Tons), and any Green Waste (in Tons or, if not weighed at the Solid Waste Facility where it is delivered, in cubic yards) Collected by FRANCHISEE, Materials recovered from those Recyclables and residual Refuse remaining after processing of Recyclables, The final destination of that Refuse, and Where FRANCHISEE delivered those Recyclables; C. The estimated number of holiday trees, bushes, and biomass Collected by Franchisee and their final destination; d. Using Reasonable Business Efforts, the estimated number and Tons of Bulky Items, E -waste and CEDs Collected by FRANCHISEE (such as major appliances/white goods and metallic discards, used tires and other Solid Waste recovered by FRANCHISEE during any annual cleanup campaigns), and final destination thereof; The Collection route maps and schedule with a complete map of the Service Area if any map or schedule has changed during the prior month; and Any other information compiled from Records or formatting of that information requested by the Acting Director. 2. Quarterly Reports. Within 45 days after the last day of each March, June, September, and December FRANCHISEE shall submit the Quarterly Report for the preceding three calendar months ending with that month to COUNTY in a form satisfactory to COUNTY, including the following information: a. A narrative description of efforts made to deter and prevent unauthorized removal or scavenging of Recyclables; . b. The number of Tons of any type of Recyclables rejected for sale after Processing together with the reason for rejection and place at which the rejected materials were Disposed; C. A report of Waste Diversion Program promotional activities, including materials distributed by FRANCHISEE to its Customers; d. The total number of Commercial Premises, Multifamily Premises, and Residential Premises, respectively, at which Customers set out Recyclables and Green Waste Containers, respectively;_ together Page 20 with Tonnage of Recyclables and Green Waste or other measurement of participation requested by COUNTY concerning these items; and e. The Collection route maps and schedule with a complete map of the Service Area. f. A summary of the number of Non -Collection notices issued and the reasons for issuance. 3. Annual Reuort. On or before each February 28, FRANCHISEE shall submit the Annual Report to COUNTY in a form satisfactory to COUNTY, for the preceding calendar year, including the following information: a. General information about FRANCHISEE, including a list of its respective officers, principals, major shareholders, general and limited partners, limited liability company members, and member of its boards of directors or governing board as the case may be; b. A copy of the most recent annual public financial reports and other periodic public financial reports of FRANCHISEE and, at the Acting Director's request, each of its Affiliates and other entities, if any, performing Franchise Services or providing Goods or Services; provided however, that if FRANCHISEE did not submit its own financial reports before the Execution Date of this AGREEMENT, it must provide a guaranty in the form provided by the Acting Director, by a guarantor satisfactory to the Acting Director, which guarantor must provide its own audited financial reports; C. A report of FRANCHISEE'S compliance with its Performance Obligations with respect to Waste Diversion Program implementation during the preceding calendar year; d. An updated inventory of Service Assets in accordance with Section 16A3; e. A copy of the telephone directories described in Section 7B; f. A description of contamination audits of Recyclables Containers in accordance with Service Specifications; and g. An updated list naming all Subcontractors, the amount of Goods or Services that each Subcontractor provides to FRANCHISEE, and a description of FRANCHISEE'S relationships to each Subcontractor (including ownership interests) in accordance with Exhibit 3A. Page 21 4. Reports of Violators. If FRANCHISEE discovers that any Person is providing MSW Management Services in the Service Area that are not authorized by COUNTY or are in Violation of Applicable Law, then FRANCHISEE shall use Reasonable Business Efforts to promptly provide COUNTY with a written report containing at least the following: a. The identity and address of the Person ("Violator"), if known; b. The facts and documentation supporting FRANCHISEE'S report; and C. Any other information or documentation in connection with the Violator and FRANCHISEE'S report that COUNTY may reasonably request. COUNTY acknowledges that FRANCHISEE may seek legal or injunctive relief against the Violator in accordance with Applicable Law to cease providing those MSW Management Services. Notwithstanding the foregoing, COUNTY is not liable to FRANCHISEE, and FRANCHISEE hereby releases COUNTY in connection with any act of a Violator. B. Format. FRANCHISEE shall submit Reports in a format compatible with COUNTY'S computers (such as by e-mail or on computer discs or printed copy) as determined by the Acting Director. C. Reporting Adverse Information. FRANCHISEE shall provide the Acting Director copies of all reports, pleadings, applications, notifications, notices of violation, communications or other material directly relating to its Performance Obligations submitted by FRANCHISEE to, or received by FRANCHISEE from, any of the following: 1. The United States or California Environmental Protection Agency; 2. The California Integrated Waste Management Board; 3. The Securities and Exchange Commission; 4. Any other Regulatory Agency; 5. Any federal, state, or county court. Franchisee shall submit copies to the Acting Director simultaneously with FRANCHISEE'S submission of those materials to those entities. At COUNTY'S request, FRANCHISEE shall promptly make available to COUNTY any other correspondence between FRANCHISEE and those entities. Page 22 D. Submission of Reports. FRANCHISEE shall submit Reports to the Acting Director at COUNTY'S address provided for Notices. E. County's Right to Request Information. At the Acting Director's request, FRANCHISEE shall promptly provide to County additional information reasonably and directly pertaining to this AGREEMENT (including substantiation of information submitted in Reports). F. Reporting Requirements for Improper Solicitations. FRANCHISEE shall immediately report any attempt by a COUNTY officer or employee to solicit improper consideration. FRANCHISEE shall make the report either to COUNTY manager charged with the supervision of the employee or to the COUNTY Fraud Hotline at (800) 554-6861 or www lacountvfraud.org. Among other items, improper consideration may take the form of cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. SECTION 14 - INDEMNIFICATION AND INSURANCE A. Indemnification and Release of County. FRANCHISEE shall release, indemnify, defend, and hold harmless COUNTY and County's Related Parties from and against any and all Liabilities arising from, connected with, or relating to all of the following: 1. Operations. FRANCHISEE'S and Franchisee's Related Parties' operations or any of their respective services on or after the date of this AGREEMENT, including the Franchise Services and Liabilities further detailed in the following Indemnifications contained in subsections A2 through 5, but excluding any Liabilities arising from the following: a. The sole active negligence of COUNTY, or b. RCRA, CERCLA (specifically 42 U.S.C. § 9607(3)), or California Health and Safety Code § 25364. 2. Cal/OSHA. Without limiting the operations Indemnity in subsection Al, employer sanctions and any other Liabilities that may be assessed against FRANCHISEE or COUNTY or both in connection with any alleged act or omission of FRANCHISEE or any of Franchisee's Related Parties that is in violation of any Cal/OSHA regulation. This obligation includes all investigations and proceedings associated with purported violations of 8 CCR 336.10 pertaining to multi-employer work sites. FRANCHISEE shall not be obligated to so release, indemnify, defend, and hold harmless COUNTY from and against any Liabilities arising from the active negligence of COUNTY. 3. Immigration. Without limiting the operations Indemnity in subsection All, employer sanctions and any other Liabilities that may be assessed against Page 23 FRANCHISEE, any of Franchisee's Related Parties or COUNTY or any one or all of them in connection with any alleged violation of federal Applicable Law (including the Immigration Reform and Control Act of 1986 (PL. 99-603) pertaining to the eligibility for employment of individuals performing Franchise Services. FRANCHISEE shall not be obligated to so indemnify, release, defend, and hold harmless COUNTY from and against any Liabilities arising from active negligence of COUNTY. 4. Enforcement of AGREEMENT or Applicable Law. Without limiting the operations Indemnity in subsection Al, any Liabilities that may be assessed against FRANCHISEE, any of Franchisee's Related Parties or COUNTY or any one or all of them in connection with any alleged failure of COUNTY to exercise COUNTY's rights under this AGREEMENT or to enforce provisions of this AGREEMENT or of Applicable Law as permitted under Section 22A4. 5. Disposal. The presence, Disposal, escape, migration, leakage, spillage, discharge, release, or emission of Unpermitted Waste or petroleum to, in, on, at or under at any place, site, or facility where FRANCHISEE or any of Franchisee's Related Parties delivers, stores, processes, Recycles, composts or Disposes of Solid Waste to the extent that Liabilities are caused indirectly or directly by any of the following: a. FRANCHISEE Negligence or Misconduct. The wrongful, willful or negligent act, error or omission, or the misconduct of FRANCHISEE or any of Franchisee's Related Parties; b. Non -Customer Materials. The collection, delivery, handling, recycling, processing, composting or disposal by FRANCHISEE or any of Franchisee's Related Parties of any materials or waste, including Unpermitted Waste, that are generated by Persons other than Customers or collected from premises other than Premises; C. Failure to Comply with Unpermitted Waste Screening Protocol. The failure of FRANCHISEE or any of Franchisee's Related Parties to undertake Unpermitted Waste training procedures required by Applicable Law or the Unpermitted Waste Screening Protocol, whichever is more stringent; or d. FRANCHISEE -identified Unpermitted Waste. The improper or negligent collection, handling, delivery, processing, recycling, composting or disposal by FRANCHISEE or any of Franchisee's Related Parties of Unpermitted Waste that FRANCHISEE or any of Franchisee's Related Parties inadvertently collects from Customers and that FRANCHISEE or any of Franchisee's Related Parties identifies as Unpermitted Waste before its delivery, processing, recycling, composting; or disposal whether. Page 24 (i) in one or more occurrence; (ii) Threatened or transpired; (iii) FRANCHISEE or any of Franchisee's Related Parties is negligent or otherwise culpable; or (iv) Those Liabilities are litigated, settled or reduced to judgment. For purposes of this Indemnity, "Liabilities" includes Liabilities arising from or attributable to any operations, repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial, response, closure, postclosure, or other plan, regardless of whether undertaken due to government directive or action, such as remediation of surface or ground water contamination and replacement or restoration of natural resources. The mere presence of household hazardous waste in the Solid Waste that is Collected by FRANCHISEE or any of Franchisee's Related Parties under this AGREEMENT will not constitute negligence and in and of itself create any liability on the part of FRANCHISEE or any of Franchisee's Related Parties absent any of the circumstances described in items a through d in this subsection A5. COUNTY reserves the right to retain co counsel at its own cost and expense and FRANCHISEE shall direct FRANCHISEE'S counsel to assist and cooperate with COUNTY'S co counsel with respect to COUNTY S defense. The foregoing indemnity is intended to operate as an agreement under 42 U.S.C. § 9607(e) and California Health and Safety Code § 25364, to insure, protect, hold harmless, and indemnify COUNTY from liability in accordance with this Section. FRANCHISEE hereby releases and shall not seek contribution or compensation of any nature from COUNTY for Liabilities relating to Unpermitted Waste, including relating to RCRA, CERCLA, or the California Health and Safety Code. FRANCHISEE shall not make any claims against or assert an interest in any account, fund, or reserve that COUNTY may establish or set aside from the proceeds of the Franchise Fee or otherwise or maintains to cover Liabilities relating to Unpermitted Waste, which established fund or reserve COUNTY is under no obligation to establish or maintain. B. Insurance. Without limiting its Indemnities, FRANCHISEE shall provide and maintain throughout the Term, the following programs of insurance. All insurance shall be primary to and not contributing with any other insurance or self-insurance programs maintained by COUNTY and FRANCHISEE shall Page 25 provide and maintain it at FRANCHISEE'S own expense If FRANCHISEE does not provide and maintain those programs of insurance, COUNTY may elect to purchase required insurance coverage without further notice to FRANCHISEE, and COUNTY may charge from sums due to FRANCHISEE any premium costs advanced by COUNTY for that insurance and draw on the performance bond, letter, of credit, or other form of performance assurance provided by FRANCHISEE. Evidence of Insurance. On or before the Execution Date and thereafter prior to individual policy expiration and also within two business days of any COUNTY request, FRANCHISEE shall deliver a certificate or certificates of insurance or other evidence of coverage acceptable to the Acting Director at the address provided for Notices. Certificates or other evidence must: a. Specifically identify this AGREEMENT; b. Clearly evidence all coverage required in this AGREEMENT, including policy forms or their equivalent; C. Contain the express condition that COUNTY is to be given written notice by mail at least 30 days (10 days for nonpayment of premium) in advance of cancellation for all policies evidenced on the certificate of insurance; d. Include a copy of the additional insured endorsements to the general liability policy, adding COUNTY, its Special Districts, its officers, and its employees as insured for all activities arising from this AGREEMENT; e. Identify any deductibles or self-insured retention for COUNTY'S approval. COUNTY retains the right to require FRANCHISEE to reduce any deductibles or self-insured retention as they apply to COUNTY or to require FRANCHISEE to provide a bond, guaranteeing payment of all retained losses and related costs, including expenses, or both, related to investigations, claims administrations, and legal defense. The bond or letter of credit must be executed by a corporate surety licensed to transact business in the State of California; and C At COUNTY'S request, include documentation acceptable to COUNTY verifying that the individual signing or countersigning the certificates, policies, endorsements, or other evidence of coverage is authorized to do so and identifies his or her company affiliation and title. COUNTY may require complete, certified copies of FRANCHISEE'S insurance policies at any time. Page 26 2. Insurer Financial Rating. FRANCHISEE shall secure insurance provided by an insurance company acceptable to COUNTY with a rating by A.M. Best Company of not less than A: VII, unless otherwise approved by COUNTY. 3. Notification of Incidents, Claims or Suits. FRANCHISEE shall promptly report the following in writing to the Acting Director: a. Any accident or incident relating to the Franchise Services involving injury or property damage that may result in the filing of an insurance claim, its legal claim, or lawsuit against FRANCHISEE and/or COUNTY; b. Any third -party claim or lawsuit filed against FRANCHISEE arising from or related to Franchise Services; or C. Any injury to a FRANCHISEE employee that occurs on COUNTY property. FRANCHISEE shall submit its report on a COUNTY "Nonemployee Injury Report" form available on COUNTY'S website at http7/lcao.co.1a.ca.us/RMB/pdf/NonEmployeeinjurvRep rt.pdf. 4, Insurance Coverage Requirements. FRANCHISEE shall secure and maintain insurance coverage meeting the following requirements: a. General Liability Insurance (written on ISO policy form CG 00 01 or its equivalent) with limits of not less than the following: General Aggregate: $4 million Products/Completed Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: .$2 million b. Pollution Liability Coverage for pollution conditions resulting from transported cargo, with annual limits of not less than $2 million per occurrence and $4 million aggregate, covering loss (including cleanup costs) that FRANCHISEE becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs (including expenses required by environmental laws or incurred by federal, state, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this subsection 1465b, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are Page 27 not naturally present in the environment in the amounts or concentrations discovered. The pollution liability coverage must provide contractual liability coverage, by endorsement, if necessary, for FRANCHISEE'S indemnification of COUNTY. As an alternative to such a policy, FRANCHISEE'S general liability policy may be endorsed to provide the above described pollution liability coverage. C. Automobile Liability Coverage (written on ISO policy forms CA 00 12 or CA 00 20 or their equivalent) with a limit of liability not less than $2 million for each accident and endorsed to include pollution liability (written on form CA 99 48 or its equivalent). The insurance must cover all vehicles used by FRANCHISEE pursuant to its operations and services and the terms of this AGREEMENT. FRANCHISEES subject to federal regulations also shall maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. Workers' Compensation and Employers' Liability insurance providing workers' compensation benefits required by the California Labor Code or by any other state labor law, and for which FRANCHISEE is responsible. In all cases, this insurance must also include Employers' Liability coverage with limits of not less than the following: i. Each accident: $1 million ii. Disease - policy limit: $1 million iii. Disease - each employee: $1 million C. Compensation for County Costs. If FRANCHISEE fails to comply with any of the Indemnification or insurance requirements of this AGREEMENT and that failure results in any costs to COUNTY, FRANCHISEE shall pay full compensation for all County's Reimbursement Costs. SECTION 15 - PERFORMANCE ASSURANCE FRANCHISEE shall secure and maintain throughout the Term a faithful performance bond, in a form satisfactory to COUNTY or, at COUNTY'S sole and absolute discretion, any alternative security acceptable to the Acting Director, including cash, certified check payable to COUNTY, certificate of deposit, or letter of credit (together, "Performance Assurance"). During the first Contract Year, the amount of the Performance Assurance must be in the sum established by COUNTY (see Exhibit 3A) to secure full and timely satisfaction of Performance Obligations, including payment of Franchise Fees, and any liquidated damages. In all subsequent Contract Years, that amount must be not less than the sum of: Page 28 15 percent of FRANCHISEE'S Gross Receipts minus Franchise Fees for the prior Contract Year; 2. 110 percent of the Franchise Fees paid by FRANCHISEE during the first six months of the prior Contract Year; 3. 110 percent of any liquidated damages assessed FRANCHISEE by COUNTY during the first six months of the prior Contract Year, 4. Up to $50,000, at the discretion of the Acting Director; and 5. Any additional amounts provided in Exhibit 3A. A performance bond must be payable to COUNTY and executed by a corporate surety licensed to transact business ("admitted") as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by COUNTY. The form of performance bond may not allow the bond surety to substitute another Person to perform Franchise Services but must provide for payment of moneys to COUNTY to secure substitute Franchise Services, remedy damages incurred, and ensure satisfaction of all Performance Obligations, including payment of Franchise Fees or liquidated damages to COUNTY, if recovered from COUNTY in any bankruptcy or similar proceedings relating to FRANCHISEE. The performance bond must be conditioned on faithful performance by FRANCHISEE of all the terms and conditions of this AGREEMENT, including payment of Franchise Fees and any liquidated damages. Each Performance Assurance must be renewed to provide for continuing liability in the above amount notwithstanding any payment or recovery thereon. On or before the Execution Date and promptly upon any renewal of the Performance Assurance, FRANCHISEE shall deliver the Performance Assurance to COUNTY. COUNTY may verify the accuracy and authenticity of the Performance Assurance submitted. SECTION 16 - EMERGENCY SERVICE A. COUNTY Right to Provide MSW Management Services. Events. COUNTY may perform, or contract for the performance of, any or all of FRANCHISE Services, including the collection of Solid Waste or any portion thereof and the transportation and delivery to a solid waste facility, upon the occurrence of either of the following events, determined by County in its sole discretion: a. FRANCHISEE, due to Uncontrollable Circumstances or for any reason whatsoever, fails, refuses, or is unable for a period of 48 hours to collect and/or at any time to transport Solid Waste or Page 29 any portion thereof to a Solid Waste Facility and the Acting Director determines there is danger to the public health, safety, or welfare; or b. COUNTY suspends or terminates this AGREEMENT. If COUNTY contracts for the performance of any or all of Franchise Services, it will consider contracting with other COUNTY franchisees. COUNTY has no obligation to continue providing Franchise Services and may at any time, in its sole discretion, cease to provide Franchise Services. However COUNTY'S right to provide Franchise Services will continue until FRANCHISEE can demonstrate to COUNTY'S satisfaction that FRANCHISEE is ready, willing, and able to resume timely and full Franchise Services or until COUNTY can make alternative arrangements for providing MSW Management Services comparable to Franchise Services in scope and price, which may include contracting with another service provider. 2. Notice. COUNTY may give FRANCHISEE oral notice that COUNTY is exercising its right to perform Franchise Services, which notice is effective immediately, but must confirm oral notice with a Notice within 24 hours thereafter. 3. Service Assets. a. COUNTY Possession. Upon giving FRANCHISEE oral notice, COUNTY may take possession of any or all Service Assets necessary or convenient in providing Services, and FRANCHISEE shall fully cooperate with COUNTY to transfer possession of Service Assets to COUNTY. Customers' possession of Containers will be deemed possession by COUNTY if necessary to exercise this right. b, Service Assets Document. Any document that encumbers or limits FRANCHISEE'S interest in Service Assets, including a lease, financing contract, acquisition over time, mortgage, or other instrument establishing a security interest to or by FRANCHISEE, must allow COUNTY to assume FRANCHISEE'S obligations and to continue use of Service Assets in performing MSW Management Services. C. Updated Inventory. In each Annual Report and at any other time requested by COUNTY, FRANCHISEE shall update its inventory of Service Assets included in Franchisee Documentation to reflect acquisition or replacement of Service Assets or additional service asset document described in Section 16A3b, or change in any service asset described in Section 16A3b, accompanied by a Page 30 certification signed by FRANCHISEE that all Vehicles meet any specifications provided in this AGREEMENT and all Carts meet the specifications described in Franchisee Documentation. d. County Use. COUNTY may use Service Assets to provide all or a portion of Franchise Services. COUNTY shall have absolute and exclusive control over Service Assets as though COUNTY were the absolute owner thereof. However, at COUNTY'S request, FRANCHISEE shall keep Service Assets in good condition. Unless Franchisee repairs and maintains them, COUNTY shall assume complete responsibility for use of Service Assets while they are in its possession and shall maintain Service Assets in the same condition as they were in when FRANCHISEE transferred possession thereof to County. Subject to repair and maintenance by FRANCHISEE, COUNTY shall return Service Assets to FRANCHISEE in the same condition as received, normal wear and tear excepted. FRANCHISEE shall maintain in full force and effect all insurance required in accordance with Section 14 during COUNTY'S possession of Service Assets. By granting COUNTY the right to possession and use of FRANCHISEE'S Service Assets, FRANCHISEE declares as follows: COUNTY and Customers are permitted users for purposes of liability insurance policies that FRANCHISEE must procure and maintain under this AGREEMENT; and ii. COUNTYS and Customers' use and possession is not intended to be and is not transfer of ownership for purposes of any liability policies. Furthermore, if COUNTY has possession and/or use of FRANCHISEE'S Service Assets, FRANCHISEE shall execute whatever documentation its liability insurers require to ensure that COUNTY and Customers are protected and covered by FRANCHISEE'S general and automobile policies, including requesting and executing endorsements to those policies. FRANCHISEE hereby gives COUNTY the right to call and confer with FRANCHISEE'S insurance broker to determine what, if any, documentation or actions are necessary to achieve protection satisfactory to COUNTY. FRANCHISEE hereby gives COUNTY the right to pay for any endorsements, additional premiums, or other costs. By executing this AGREEMENT, FRANCHISEE authorizes its insurance broker to cooperate with and respond to requests from COUNTY, which authorization FRANCHISEE may not rescind without COUNTY consent. Page 31 4. FRANCHISEE'S Personnel. Upon giving FRANCHISEE oral notice in accordance with subsection A2, COUNTY may immediately engage personnel necessary or convenient for providing all or a portion of Franchise Services, including employees previously or then employed by FRANCHISEE. However COUNTY shall not be obligated to hire FRANCHISEE'S employees and may use municipal employees or other individuals to provide all or a portion of Services, including driving Vehicles. At COUNTY'S request, FRANCHISEE shall promptly make available to COUNTY all FRANCHISEE'S management and office personnel necessary or convenient for providing Franchise Services (including Customer services) and billing at the cost, if any, provided in subsection A8. S. Records and Reports. At COUNTY'S request, FRANCHISEE shall promptly provide COUNTY with immediate access to or possession of Records, including those related to routing and billing. Without limiting its available remedies provided elsewhere in this AGREEMENT, COUNTY may seek specific performance of this obligation. 6. Reimbursement. FRANCHISEE shall reimburse COUNTY for County's Reimbursement Costs incurred in taking over possession and use of Service Assets in accordance with subsection A3 and in providing MSW Management Services in amounts exceeding Rates. Stipulations. FRANCHISEE stipulates that COUNTY'S exercise of rights under this Section does not constitute a taking of private property for which COUNTY must compensate FRANCHISEE, shall not create any liability on the part of COUNTY to FRANCHISEE, and does not exempt FRANCHISEE from any Indemnities, which Parties acknowledge are intended to extend to circumstances arising under this Section. However, FRANCHISEE is not required to indemnify COUNTY against claims and damages arising from the negligence or misconduct of COUNTY officers and employees (other than employees of Franchisee at the time COUNTY began performing Services) and agents driving Vehicles. COUNTY shall indemnify FRANCHISEE, its Affiliates and its and their officers, directors, employees, and agents from and against damages, costs, or other expenses or losses they incur arising out of or relating to that negligence or misconduct. 8. Rental and Other Compensation. a. Uncontrollable Circumstances. If an event enumerated in item a or b in subsection Al is due to Uncontrollable Circumstances, then COUNTY shall pay FRANCHISEE the following Direct Costs of FRANCHISEE that FRANCHISEE is not then being compensated for through charging and collecting Rates: Page 32 (i) Rental fees for COUNTY'S use and possession of Service Assets equal to fair market value thereof as determined by an independent appraiser selected by the Parties as provided in this subsection ABa. (ii) FRANCHISEE'S Direct Costs of providing Vehicles with fuel, oil, and other maintenance in accordance with subsection A3d. (iii) FRANCHISEE'S Direct Costs of making FRANCHISEE'S personnel available to COUNTY in accordance with subsection A4. The Parties shall select an appraiser as follows: within 10 days after FRANCHISEE requests payment of rental fees in events described in item (i) of this subsection Be, each Party will prepare a separate list of five Persons who do not work for either Party having experience in solid waste equipment appraisal, in numerical order with the first preference at the top, and exchange and compare lists. The Person ranking highest on the two lists by having the lowest total rank order position on the two lists is the appraiser. In case of a tie in scores, the Person having the smallest difference between the rankings of the two Parties is selected; other ties are determined by a coin toss. if no Person appears on both lists, this procedure is repeated. If selection is not completed after the exchange of three lists or 60 days, whichever comes first, then each Party will select one Person having the qualifications and experience described above and those two Persons will together select an appraiser. b. Other Than Uncontrollable Circumstances. If an event enumerated in item a or b in subsection Al is not due to Uncontrollable Circumstances, then COUNTY will not be obligated to pay the compensation enumerated in subsection ABa, and FRANCHISEE shall pay County's Reimbursement Costs in accordance with subsection A6 within 10 days of COUNTY'S submitting an invoice therefor. If FRANCHISEE does not so timely pay, COUNTY may draw upon any performance bond, letter of credit, or other security provided under this AGREEMENT. B. Disaster Assistance. FRANCHISEE shall make Reasonable Business Efforts to assist County in the event of major disaster, such as an earthquake, storm, riot, or civil disturbance, by providing Vehicles and drivers normally assigned to the Service Area to Collect any Solid Waste as requested by COUNTY, at Customer Service Charges no greater than the Rates, unless the Acting Director provides authorization based on information provided by FRANCHISEE substantiating the need for an increase. FRANCHISEE shall cooperate with Page 33 COUNTY, State of California, and federal officials in filing information related to a regional, state, or federally -declared state of emergency or disaster as to which FRANCHISEE has provided equipment and drivers under this AGREEMENT. SECTION 17 - DEBARMENT BREACHES AND DEFAULTS; SUSPENSION; TERMINATION A. Notice of Breach; Franchisee Cure. If the Acting Director determines that FRANCHISEE is in Breach, the Acting Director may give Notice to FRANCHISEE identifying and describing the Breach, including any of the following: Failure to keep Records required by this AGREEMENT; 2. Failure to file any Reports at the time, in the manner, and containing the information required in Section 13; 3. Failure to timely provide COUNTY with complete information (including any test results such as prescribed noise levels in accordance with Section 4A4) required by this AGREEMENT or requested by the Acting Director in good faith in accordance with this AGREEMENT; 4. Failure to timely pay the Franchise Fee; or 5. Failure to timely pay an Indemnification. FRANCHISEE shall remedy the Breach within 30 days from the receipt of Notice (or with respect to a Breach of the Child Support Compliance Program described in Section 22B, 90 days after notice by the Los Angeles County's Child Support Services Department) unless COUNTY determines that the public health and safety require a shorter period of time in which Franchisee must remedy the Breach. COUNTY will hold a conference with Franchisee within 30 days of Franchisee request. Franchisee may request additional time to correct the Breach, but COUNTY may accept or reject that request in its sole discretion. B. Franchisee Default. The following constitute Franchisee Defaults: Fraud Misrepresentation or Breach of Warranties. FRANCHISEE committed any fraud or deceit or made any intentional misrepresentations in the procurement of this AGREEMENT; commits, or attempts to commit, any fraud or deceit upon COUNTY after the Execution Date of this AGREEMENT; makes any material misrepresentations or breaches any warranties in this AGREEMENT (including Exhibit 20H); or includes any materially false or misleading statement, representation, or warranty in any Record or Report. 2. Insolvency or Bankruptcy. FRANCHISEE becomes insolvent or files a voluntary petition to declare bankruptcy; a receiver or trust is appointed for Page 34 FRANCHISEE; or FRANCHISEE executes an assignment for the benefit of creditors. FRANCHISEE is deemed to be "insolvent' if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not FRANCHISEE has committed an act of bankruptcy and whether or not FRANCHISEE is insolvent within the meaning of the federal bankruptcy law or not. 3. Failure to Provide Insurance, Bonds. FRANCHISEE does not provide or maintain in full force and effect all insurance and other assurances of its Performance Obligations, including as required under Sections 14 and 15, or provide evidence of insurance coverage acceptable to COUNTY. 4. Material or Repeated Violation of Applicable Law. a. Any material Violation of Applicable Law that is not cured to the satisfaction of COUNTY or applicable Regulatory Agency within 30 days of the notice, assessment, or determination of that Violation of Applicable Law; or b. Any repeated Violation of Applicable Law. If FRANCHISEE is entitled to and does contest a notice, assessment, or determination of Violation of Applicable Law by proceedings conducted in good faith, no Franchisee Default will be deemed to have occurred until a final decision adverse to FRANCHISEE is entered. 5. Failure to Collect for Seven Days. Unless due to Uncontrollable Circumstances, FRANCHISEE fails to Collect for a period of either. a. Seven consecutive days; or b. Seven days in the aggregate from the Execution Date. 6. Failure to Collect for More Than Seven Days. Whether or not due to Uncontrollable Circumstances, FRANCHISEE fails to Collect for a period of more than seven consecutive days. 7. Payments to County. FRANCHISEE does not timely and fully make any payment to COUNTY required under this AGREEMENT (including payment of Franchise Fees): a. More than twice in any calendar year; b. Within 30 days of Notice by COUNTY that payment is due; or C. With respect to payment of a shortfall in Franchise Fees, within 30 days of Notice in accordance with Section 11 C. Page 35 B. Specified Franchisee Defaults. FRANCHISEE Breaches any of the following Sections: Section 22B Child Support Compliance Program (if not cured within 90 days of Notice as described in Section 17A); b. Section 2301 Compliance with ILO Convention Concerning Minimum Age for Employment; C. Section 23E Nondiscrimination; or d. Section 23G County Lobbyist Ordinance 9. Uncured or Repeated Breach. FRANCHISEE does not timely cure any other Breach in accordance with subsection A or FRANCHISEE Breaches any of its Performance Obligations repeatedly or habitually, as determined by the Acting Director in his or her sole discretion, whether or not a specific instance of failure or refusal has been previously cured. However, this Franchisee Default will be excused for a period of seven days beginning on the first occurrence of that Franchisee Default in the event of Uncontrollable Circumstances, if the event materially affects FRANCHISEE'S ability to provide Franchise Services. Nevertheless, if Uncontrollable Circumstances interrupt Collection, Customers may take actions and COUNTY may exercise any of its rights under Section 16. This Franchisee Default will not be excused if it continues for a period of more than seven days beginning on the first occurrence of this Franchisee Default. 10. Improper Consideration. COUNTY finds that consideration, in any form, was offered or given by FRANCHISEE either directly or through an intermediary to any COUNTY officer, employee, or agent with the intent of securing this AGREEMENT or securing favorable treatment with respect to the award, amendment, or extension of this AGREEMENT or the making of any determinations with respect to FRANCHISEE'S performance under this AGREEMENT where that consideration may take any form including cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. 11. Default Under Guaranty. A default exists under the guaranty, if any, provided in accordance with Section 13A3b. C. Notice of Franchisee Default. 1. Effective Immediately. The Acting Director may terminate this AGREEMENT effective immediately after Notice by COUNTY to FRANCHISEE of any of the following Franchisee Defaults: Page 36 a. Any Franchisee Default, if the Acting Director determines that protection of public health and safety requires immediate suspension or termination; b. A Franchisee Default in subsection B3 (failure to provide insurance, bonds); C. A Franchisee Default described in subsection B4 (material or repeated Violation of Applicable Law, including the County Lobbyist Ordinance); d. A Franchisee Default described in subsection B10 (improper consideration). 2. Effective 30 days. The Acting Director may terminate this AGREEMENT effective 30 days after Notice by COUNTY to FRANCHISEE of any Franchisee Defaults other than the Franchisee Defaults listed in subsection C1 or termination events listed in subsection D. 3. Effective 15 days. The Acting Director may terminate this AGREEMENT effective 15 days after Notice by COUNTY to FRANCHISEE of COUNTY'S right to terminate this AGREEMENT in the event of Criminal Activity in accordance with Section 20J and subsection D2c. D. Suspension or Termination of AGREEMENT Suspension. Together with any other rights COUNTY may have under this AGREEMENT (including the right to use and possession of Service Assets under Section 16), the Acting Director may suspend this AGREEMENT, in whole or in part, for a period of 45 days effective immediately upon Notice to FRANCHISEE in any of the following events: a. A Franchisee Default; or b. COUNTY exercise of its right to suspend this AGREEMENT under Section 20J in the event of Criminal Activity of FRANCHISEE. During that 45 -day period FRANCHISEE shall have the opportunity to demonstrate to COUNTY that FRANCHISEE can once again fully perform Franchise Services in accordance with this AGREEMENT. If FRANCHISEE so demonstrates, COUNTY'S right to suspend this AGREEMENT will cease and FRANCHISEE may resume providing services. If FRANCHISEE does not so demonstrate, COUNTY may terminate this AGREEMENT and exercise any other rights and remedies under this AGREEMENT. Page 37 2. Termination a. Franchisee Default. The Acting Director may terminate this AGREEMENT, in whole or in part, upon the occurrence of a Franchisee Default and Notice to FRANCHISEE at the times provided in subsection C. b. Failure to Agree on Rate Adjustments. Notwithstanding the foregoing, the Acting Director may terminate this AGREEMENT on six months' Notice if in the judgment of the Acting Director, COUNTY and FRANCHISEE are unable to reach satisfactory agreement to adjust Rates in accordance with item d of Section Al of Exhibit 10 for a Change in Law or changes in Service Specifications or Service Standards after good faith negotiations during a period of at least 30 days. C. Criminal Activity. The Acting Director may terminate this AGREEMENT upon Notice required in Section 17C if County exercises its right to terminate this AGREEMENT under Section 20J in the event of Criminal Activity of FRANCHISEE. E. FRANCHISEE Responsibility and Debarment. COUNTY may debar FRANCHISEE from doing business with COUNTY if COUNTY determines after giving notice and conducting a hearing in accordance with Chapter 2.202 of the County Code, which shall apply to this AGREEMENT, that FRANCHISEE (or any of its Subcontractors) is not responsible within the meaning of Chapter 2.202 and in accordance with COUNTY'S policy to do business with responsible contractors; Franchisee's failure to comply with the Child Support Compliance Program, as provided in Section 22B, may be cause for debarment in accordance with § 2.200.020 of the County Code. SECTION 18 - ENFORCEMENT OF AGREEMENT A. As Provided by Law. Either Party may avail itself of any remedy available under law. B. County's Additional Remedies. Without limiting COUNTY'S remedies otherwise available under this AGREEMENT in law or equity, at its option, COUNTY may enforce a Breach in any or all of the following ways: 1. Execute alternative agreements for MSW Management Services in the event of Franchisee Default; 2. Seek to obtain injunctive relief and/or damages; and 3. Assess damages under subsection D. Page 38 C. Injunctive Relief. FRANCHISEE acknowledges that COUNTY'S remedy of damages for a Breach may be inadequate for reasons including the following: 1. The urgency of timely, continuous and high-quality Franchise Services, including Collection, transportation, and/or transfer for Disposal of wastes which constitute a threat to public health; 2. The long time and significant commitment of money and personnel and elected officials (both COUNTY staff and private consultants, including engineers, procurement counsel, citizens, public agency colleagues, and elected COUNTY officials) invested in this AGREEMENT, including developing COUNTY'S Option Analysis dated February 2001 and implementing its recommendations through numerous meetings of a Working Group comprised of Solid Waste industry representatives from small and large businesses, requesting and evaluating qualifications and proposals for this AGREEMENT (including FRANCHISEE'S), reviewing and commenting on documentation submitted by FRANCHISEE in conjunction with execution of this AGREEMENT, and review of Franchisee Documentation; 3. The time and investment of personnel and elected officials described in the preceding item 2 to develop alternative Solid Waste services comparable to Franchise Services for the price provided under this AGREEMENT, and to negotiate new agreements therefor; and 4. COUNTY'S reliance on FRANCHISEE'S technical Solid Waste management expertise. Consequently, COUNTY is entitled to all available equitable remedies, including injunctive relief. D. Recovery of Damages 1. Compensatory. COUNTY may seek compensatory damages, including the following: a. Amounts equal to any Franchise Fees, liquidated damages, or other amounts that FRANCHISEE has previously paid to COUNTY but are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; b.. If COUNTY terminates this AGREEMENT for a Franchisee Default or in the event of Criminal Activity in accordance with Section 17D2a or c, respectively, costs incurred by COUNTY to provide or reprocure MSW Management Services in lieu of Franchise Services; and Page 39 C. If COUNTY terminates this AGREEMENT before expiration for a Franchisee Default or in the event of Criminal Activity in accordance with Section 17D2a or c, respectively, costs of MSW Management Services provided or reprocured in lieu of Franchise Services in excess of Customer Service Charges for the balance of the Term remaining if this AGREEMENT had not been terminated. COUNTY may draw upon the performance bond, letter of credit, certificate of deposit, or other form of performance assurance provided by FRANCHISEE in accordance with Section 15 to pay compensatory damages. For FRANCHISEE'S misrepresentation regarding contingent fees in Exhibit 20H, in addition to terminating this AGREEMENT, COUNTY may recover from FRANCHISEE the full amount of the proscribed commission, percentage, brokerage, or contingent fee. 2. Liquidated. The Parties acknowledge that COUNTY incurred considerable time and expense procuring this AGREEMENT in order to secure an improved level of Collection quality and increased Customer satisfaction. Therefore, consistent and reliable Services are of the utmost importance to COUNTY and Customers. COUNTY has considered and relied on FRANCHISEE'S representations as to its quality of service commitment in entering into this AGREEMENT, and FRANCHISEE'S Breach represents a loss of bargain to COUNTY. The Parties further recognize that quantified standards of performance are necessary and appropriate to ensure quality, consistent, and reliable Collection, and if FRANCHISEE fails to meet its Performance Obligations, COUNTY will suffer damages (including its Customers' inconvenience; anxiety, frustration, potential political pressure, criticism, and complaint by Customers; lost Supervisors and staff time; deprivation of the benefits of this AGREEMENT and loss of bargain) in subjective ways and in varying degrees of intensity that are incapable of measurement in precise_ monetary terms, and that it is and will be impracticable and extremely difficult to ascertain and determine the value thereof. In addition, in the event of Breach or Franchisee Default, urgency of protecting public health and safety may necessitate that COUNTY enter into emergency or short- term arrangements for services without competitive procurement at prices substantially greater than under this AGREEMENT, and the monetary loss resulting there from is impossible to precisely quantify. Lastly, termination of this AGREEMENT for Franchisee Default and other remedies provided in this AGREEMENT are, at best, a means of future correction and not remedies that make COUNTY whole for past Breaches and Franchisee Defaults. Therefore, the Parties agree that the liquidated damages listed in Exhibit 18D2 represent a reasonable estimate of the amount of damages, considering ail of the circumstances existing on the date of this AGREEMENT, including the relationship of the sums to the range of harm Page 40 to COUNTY that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this AGREEMENT, each Party specifically confirms the accuracy of the statements made above and the fact that each Party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this AGREEMENT was made. E. County's Reimbursement Costs. FRANCHISEE shall pay COUNTY promptly upon request County's Reimbursement Costs of conducting a nonroutine investigation of any alleged Breach, when appropriate in judgment of the Acting Director. FRANCHISEE shall reimburse COUNTY for County's Reimbursement Costs incurred as a consequence of FRANCHISEE'S Breach, including failure to maintain insurance. F. Waiver. No waiver by COUNTY of any breach of any provision of this AGREEMENT constitutes a waiver of any other breach of that provision. Failure of COUNTY to enforce at anytime, or from time to time, any provision of this AGREEMENT will not be construed as a waiver thereof. The rights and remedies set forth in this subsection F are exclusive and are in addition to any other rights and remedies provided by law or under this AGREEMENT. SECTION 19 - TRANSFER OF FRANCHISE A. Acting Director Consent FRANCHISEE may not Transfer this AGREEMENT, the Franchise granted under it, or any rights or duties under it, in whole or in part, and whether voluntarily or involuntarily, without the Acting Director's prior written consent, the exercise of which is in the Acting Director's sole discretion. Any Transfer or attempted Transfer of this AGREEMENT, the franchise granted under it or any rights and duties under it, made without the Acting Director's consent, at COUNTY'S option, will be null and void. The Acting Director may condition consent on payment of amounts specified in Exhibit 3A in consideration for the value of goodwill and intangibles that accrued to COUNTY and Customers in the award of this AGREEMENT to FRANCHISEE. B. Franchisee Demonstration. Without obligating the Acting Director to give consent, FRANCHISEE shall demonstrate to the Acting Director's satisfaction that the proposed transferee has the operational and financial ability to satisfy FRANCHISEE'S Performance Obligations. C. Payment of County's Transfer Costs. Transfer Deposit FRANCHISEE must make any request for the Director's consent to a Transfer in the manner prescribed by the Acting Director. FRANCHISEE shall pay COUNTY a Transfer Deposit before the Acting Director's consideration of FRANCHISEE'S request. COUNTY will return to FRANCHISEE any amounts paid in excess of the Transfer Costs incurred. Page 41 2. Additional Transfer Costs. In the course of COUNTY'S processing FRANCHISEE'S request for Transfer, FRANCHISEE shall further pay COUNTY its additional Transfer Costs in excess of the Transfer Deposit within 30 days of the Acting Director's request therefor, whether or not the Acting Director approves the Transfer. At FRANCHISEE'S request, COUNTY will provide FRANCHISEE access to all records evidencing the Transfer Costs incurred. D. County's Reimbursement Costs of Enforcement. In addition, Franchise shall pay County's Reimbursement Costs for fees and investigation costs as COUNTY may deem necessary to enjoin the Transfer or to otherwise enforce this provision within 30 days of COUNTY'S request therefor. SECTION 20 - GENERAL PROVISIONS A. Exercise of Options. Parties will exercise any approval, disapproval, consent, judgment, option, discretion, election, opinion, or choice under this AGREEMENT, make a requirement under this AGREEMENT or interpret this AGREEMENT ("Discretionary Action") reasonably. Any mediator, arbitrator, or court must find the Party's exercise to be reasonable. Recognizing the essential public health and safety protections this AGREEMENT serves where this AGREEMENT specifically provides that the exercise of any Discretionary Action is in either Party's independent, sole, exclusive or absolute discretion, control or judgment, the other Party will not question or challenge the first Party's exercise thereof. Parties will nevertheless exercise their rights and remedies in good faith in accordance with Applicable Law. B. Independent Status. FRANCHISEE is an independent entity and not an officer, agent, servant, or employee of COUNTY. This AGREEMENT is between. COUNTY and FRANCHISEE and is not intended, and will not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or _ association between COUNTY and FRANCHISEE, including for purposes of workers' compensation. FRANCHISEE is solely responsible for the acts and omissions of its officers, agents, employees, and any Subcontractors. Nothing in this AGREEMENT will be construed as creating an arrangement for handling Unpermitted Waste. FRANCHISEE bears the sole responsibility and liability for furnishing workers' compensation and all other benefits required by law to any individual for injuries arising from or connected with Franchise Services performed on behalf of FRANCHISEE under this AGREEMENT. C. Damage to Property and Personal Injury. FRANCHISEE shall not cause damage to property or personal injury. At its sole expense, FRANCHISEE shall repair or replace to the satisfaction of the owner of damaged property, any physical damage to public or private property and shall reimburse to the satisfaction of an injured individual, the cost of any personal injury caused by the negligent or willful acts or omissions of FRANCHISEE. COUNTY may refer all complaints of damage or injury to FRANCHISEE as a matter within Page 42 FRANCHISEE'S sole responsibility. Notwithstanding any rights COUNTY has for breach of contract, disputes between FRANCHISEE and Persons as to damage to private pavement or other property or to injury are civil matters between FRANCHISEE and that Person, and the Person may institute suits with respect thereto as allowed by law. D. Venue. In the event of litigation between the Parties, venue in State of California trial courts will lie exclusively in the COUNTY. In the event of litigation in a United States District Court, exclusive venue will lie in the Central District of California. E. Amendments and Changes. Actina Director's Chanties. The following changes in this AGREEMENT after the Execution Date will be effective after Notice from the Acting Director to FRANCHISEE (or with respect to certain changes referenced in item b, from FRANCHISEE to the Acting Director, in accordance with Section 3D2a) as consented to by FRANCHISEE: a. Changes in the scope of Franchise Services and Service Specifications and minimum Service Standards that do not result in a Rate adjustment in accordance with Section 3C; b. Changes to Exhibit 3D Franchisee Documentation; C. Changes to Exhibit 20G Authorized Representative of Acting Director; d: Immaterial changes to immaterial Performance Obligations. 2. Board's Amendments. The following changes in this AGREEMENT after the Execution Date will be effective only upon execution of a written amendment to this AGREEMENT, including warranties by the Parties in accordance with Section 2413: a. Changes in the scope of Franchise Services and Service Standards that result in a Rate adjustment in accordance with Section 3C; and b. Material changes to material Performance Obligations (such as the period of performance, payments, or any material term or condition included in this AGREEMENT). F. Notices. All Notices required or permitted to be given under this AGREEMENT must be in writing and must be personally delivered or sent by telecopler or registered or certified mail, return receipt requested. All Notices to COUNTY must be addressed to the Acting Director as provided in Exhibit 20G. All Notices to FRANCHISEE must be addressed to the authorized representative of Page 43 FRANCHISEE named in Franchisee Documentation (who will be FRANCHISEE'S primary contact under this AGREEMENT), except for Notices of suspension or termination of this AGREEMENT, which Notices may be personally delivered to any individual whose actual knowledge of suspension or termination would be sufficient notice to FRANCHISEE, including: An individual, if FRANCHISEE is a sole proprietor; 2. Copartner, if FRANCHISEE is a partnership; or 3. The president, vice president, secretary, or general manager, if FRANCHISEE is a corporation. Notice is deemed effective: On the date personally delivered or sent by telecopier, with evidence of receipt; or 2. Three days after the date of mailing G. Authorized Representative of Acting Director. COUNTY authorizes the Acting Director to make requests or requirements of FRANCHISEE or give approvals under this AGREEMENT. The authorized representative of the Acting Director named in Exhibit 20G is FRANCHISEE'S primary contact under this AGREEMENT and can be contacted as provided in Exhibit 20G. FRANCHISEE shall give that authorized representative a copy of all Notices in accordance with Section 20F. From time to time, COUNTY may change Exhibit 20G by Notice to FRANCHISEE. H. Authority and Representations; COUNTY Disclaimer. 1. COUNTY. COUNTY represents and disclaims as follows: a. Status. COUNTY is a political subdivision of the State of California. b. Authority and Authorization. COUNTY has full legal right, power, and authority to execute and deliver this AGREEMENT and perform its obligations under this AGREEMENT. This AGREEMENT has been duly executed and delivered by COUNTY and constitutes a legal, valid, and binding obligation of COUNTY enforceable against COUNTY in accordance with its terms. C. No Warranty Regarding Waste Characterization. COUNTY makes no representations or warranties with respect to the waste characterization within the COUNTY, any waste disposal characterization study, or projections by material type with respect . Page 44 to waste in the COUNTY. COUNTY expressly disclaims any representations and warranties, either express or implied, as to the merchantability or fitness for any particular purpose of Solid Waste or any portion thereof. 2. FRANCHISEE. FRANCHISEE represents and warrants as provided in Exhibit 20H. Limitation on Subscription Orders. FRANCHISEE shall limit the terms of Subscription Orders to no longer than the remaining period of the Term. FRANCHISEE shall give each Customer the option to terminate its Subscription Order without cause on 90 days notice. FRANCHISEE shall also give each Customer the right to terminate service immediately in the event of emergency in accordance with Section 16A, or within 30 days if FRANCHISEE: 1. Fails to provide Franchise Services in accordance with the Terms of this AGREEMENT (including missed Collections, failure to timely repair or replace Containers, or failure to provide Collection or Recyclables) or the Subscription Order; or 2. Bills the Customer for amounts not provided in the Subscription Order or in excess of Rates. FRANCHISEE may not include in the terms of Subscription Orders any automatic renewals or extensions, colloquially referred to as "evergreen" clauses, which obligate a Customer to take affirmative, prescribed action (such as written notice within a specified time period before the stated expiration of the Subscription Order) in order to terminate the Subscription Order. Criminal Activity Notice. FRANCHISEE shall immediately give Notice to COUNTY on the occurrence of any convictions of a Criminal Activity or any pleas of "guilty," "nolo contendere," or "no contest' to a Criminal Activity with respect to FRANCHISEE or any of its Franchisee Managers (except for Franchisee Managers in a Position of Influence). FRANCHISEE shall use Reasonable Business Efforts to immediately give Notice to COUNTY on the occurrence of any convictions or any pleas with respect to FRANCHISEE or any of its Franchisee Managers in a Position of Influence. 2. Franchisee Cure. Upon the occurrence of any conviction or any plea described in subsection J1, FRANCHISEE immediately shall do or cause to be done both of the following: a. Terminate from employment or remove from office any offending Franchisee Manager who is an individual, or with respect to Page 45 FRANCHISEE or an Affiliate, the individual or individuals responsible for the Criminal Activity; and b. Eliminate the participation in management of FRANCHISEE by that Franchisee Manager who is an individual or, with respect to FRANCHISEE or an Affiliate, the individual or individuals responsible for the Criminal Activity from any Position of Influence. 3. County Remedies. COUNTY may suspend or terminate this AGREEMENT or may impose other sanctions (which may include financial sanctions or any other condition deemed appropriate short of suspension or termination), as it deems proper, in either or both of the following events: a. FRANCHISEE or any Affiliate fails to effectuate the cure described in subsection J2; or b. The Criminal Activity is related to this AGREEMENT or occurring in the COUNTY. 4. Limitations on Franchisee Manager, No Franchisee Manager may have previously been convicted of a Criminal Activity or any plea of "guilty," "nolo contendere," or "no contest" to a Criminal Activity. 5. Franchisee Documentation. Franchisee shall list all Franchisee Managers in Franchisee Documentation. K. Notice of Delay. Within one day of learning that any actual or potential. circumstance is delaying or threatening to delay the timely satisfaction of a Performance Obligation, FRANCHISEE shall give COUNTY a Notice of the delay, including all relevant information, such as identifying the particular Performance Obligation, circumstance, and duration of the delay, and whether or not FRANCHISEE believes that the delay is due to Uncontrollable Circumstances. L. County's Quality Assurance Plan. COUNTY or its agent will evaluate FRANCHISEE'S performance under this AGREEMENT on not less than an annual basis. The evaluation will include assessing FRANCHISEE'S compliance with all terms and performance standards of this AGREEMENT. FRANCHISEE deficiencies that COUNTY determines are severe or continuing and that may place performance of this AGREEMENT in jeopardy, if not corrected, will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by COUNTY and FRANCHISEE. If improvement does not occur consistent with the corrective action measures, COUNTY may terminate this AGREEMENT or impose other penalties as specified in this AGREEMENT. Page 46 SECTION 21 - DEFINITIONS AND INTERPRETATION OF AGREEMENT A. Definitions. Defined words in this AGREEMENT have the meanings given in Exhibit 21 and in some instances within Sections 1 through 24. B. Interpretation and Construction. Gender and Plurality. Words of the masculine gender include correlative words of the feminine and neuter genders and vice versa. Words importing the singular number include the plural number and vice versa unless the context demands otherwise. (For example, reference to a defined "Solid Waste Facility" may include reference to more than one facility identified by FRANCHISEE in Franchisee Documentation.) 2. Headin4s: Font. Any captions or headings following the Exhibit, Attachment, Section, subsection, paragraph, and other attachments and subdivisions of this AGREEMENT that precede the operative text of this AGREEMENT are for convenience of reference only and do not control or affect the scope, intent, meaning, construction, interpretation, or effect of this AGREEMENT. Any underlined, italicized, bold-faced, upper captioned or other font style is for ease of reading and contract administration only and does not imply relative importance or unimportance of any provision of this AGREEMENT. 3. References to Parts. References to Sections refer to Sections of this AGREEMENT, unless specked otherwise. References to Exhibits and Attachments refer to Exhibits and Attachments attached to this AGREEMENT. Reference to "subsections" refers to the subsection contained in the same Section in which the reference occurs, unless otherwise referenced. 4. Examples. Examples are for purpose of illustration only. If any example is ambiguous, inconsistent, or conflicts with the text that it illustrates, the text governs. 5. Specifics No Limitation on Generalities. The mention of any specific duty or liability imposed on FRANCHISEE may not be construed as a limitation or restriction of any general liability or duty imposed on FRANCHISEE by this AGREEMENT or Applicable Law. 6. Exhibits. The Exhibits to this AGREEMENT, including their attachments, are part of this AGREEMENT to the same extent and effect as if included in the text of Sections 1 through 24. Page 47 7. Inconsistencies and Conflicts. a. If any provision of Exhibit 3A is inconsistent or conflicts with Sections 1 through 24 of this AGREEMENT or any other any Exhibits or Attachments to this AGREEMENT, then the provisions of Exhibit 3A will govern, and b. If any provision of Sections 1 through 24 of this AGREEMENT is inconsistent or conflicts with any Exhibit (other than Exhibit 3A), including Franchisee Documentation, then the provision of Sections 1 through 24 of this AGREEMENT will govern unless the Acting Director determines that is contrary to the interest of the Parties. C. Integration. This AGREEMENT contains the entire agreement between the Parties with respect to the rights and responsibilities of the Parties under this AGREEMENT. This AGREEMENT completely and fully supersedes all prior oral and written understandings and agreements between the Parties with respect to those rights and responsibilities. D. Governing Law, This AGREEMENT is governed by, and construed and enforced in accordance with, the law of the State of California, without giving effect to the State's principles of conflicts of laws. E. Severability. If any clause, sentence, provision, subsection, or Section of this AGREEMENT or Exhibit to this AGREEMENT (an "Agreement Provision") is ruled illegal, invalid, nonbinding, or unenforceable by any court of competent jurisdiction, then the Parties will take the following actions: 1. Promptly meet and negotiate a substitute for the Agreement Provision and any related amendments, deletions, or additions to other provisions of this AGREEMENT, which together effect the Parties' original intent to the greatest extent allowable under Applicable Law; and 2. If necessary or desirable to accomplish preceding item 1, apply to the court that declared the invalidity for a judicial construction of the substituted Agreement Provision and any amendments, deletions, or additions to this AGREEMENT. Within ten days of Countys request, Franchisee shall pay County an amount equal to the Direct Costs of the application or other amount provided in Exhibit 3A. The illegality, invalidity, nonbinding nature or unenforceability of any Agreement Provision will not affect any of the remaining provisions of this AGREEMENT, and this AGREEMENT will be construed and enforced as if the Agreement Provision did not exist. F. Interpretation. This AGREEMENT will be interpreted and construed neither for nor against either Party, regardless of the degree to which either Party Page 48 participated in its drafting. Franchisee acknowledges that it determined to provide Franchise Services in the Service Area and to execute this AGREEMENT upon FRANCHISEE'S own choice and initiative. Each Party represents and warrants that it and its counsel have reviewed this AGREEMENT, and the Parties agree that no provision in this AGREEMENT will be construed against the drafting Party. SECTION 22 - COMPLIANCE WITH LAWS AND REGULATIONS A. Applicable Law. 1. Compliance. FRANCHISEE shall comply with all Applicable Laws, including (as required by 13 CCR 2021.1) all applicable air pollution control laws such as Diesel Particulate Matter Control Measure of on -road heavy-duty diesel -fueled Residential and Commercial Solid Waste Collection Vehicles set forth in 13 CCR 2020 at seq., and securing and maintaining all Permits. No obligation in this AGREEMENT may be construed to relieve FRANCHISEE of any obligations imposed by Applicable Law, 2. Referenced Provisions. References in this AGREEMENT to particular provisions or requirements of Applicable Law may not be construed to limit FRANCHISEE'S obligation to comply with all provisions of Applicable Law. Those references are intended to facilitate FRANCHISEE'S satisfaction of its Performance Obligations and COUNTY'S administration and specific enforcement of this AGREEMENT and may not be construed to constitute lack of obligation to comply with other provisions or requirements of Applicable Law not specifically referred to or cited in this AGREEMENT. If any provision of this AGREEMENT is more stringent than Applicable Law, FRANCHISEE shall comply with that provision. 3. Fines and Penalties. FRANCHISEE is solely liable for all fines and penalties that may be imposed on FRANCHISEE or may be due to FRANCHISEE'S actions, including fines and penalties that are the result of FRANCHISEE'S Violation of Applicable Law (including Permits). FRANCHISEE shall not seek reimbursement from COUNTY or Customers for any fines or penalties. 4. Contractual Obligations: Provisions of Applicable Law are incorporated in this AGREEMENT by reference as if set forth fully in this AGREEMENT as contractual obligations of FRANCHISEE to COUNTY. a. Breaches. In addition to or in lieu of prosecuting violations of those provisions as misdemeanors, infractions, or otherwise in the manner provided under Applicable Law, COUNTY may enforce those provisions in the same manner as it may enforce FRANCHISEE'S other = contractual obligations under this Page 49 5. AGREEMENT, including speck performance and as Breaches subject to cure in accordance with Section 17A. However, COUNTY has no obligation to enforce any Applicable Law. b. Violation. Violation of Applicable Law is a Franchisee Default subject to contest as provided in item 4 of Section 17B. FRANCHISEE acknowledges that COUNTY is authorized to make all necessary and reasonable rules and regulations regarding all aspects of MSW Management Services to protect the public's health, safety, and welfare. No provision in this AGREEMENT is deemed to limit the power of COUNTY to regulate FRANCHISEE or to take any action as COUNTY deems appropriate or necessary in COUNTY'S sole and absolute discretion, under COUNTY'S police power, including to protect the public's safety, health, and welfare. 6. Compliance with Applicable Law of County. FRANCHISEE shall comply with Applicable Law of COUNTY subject to possible adjustments in the Rates in the event of Changes in Law in accordance with Section Al of Exhibit 10. B. County Child Support Compliance Program. As required by COUNTY'S Child Support Compliance Program (County Code Chapter 2.200), FRANCHISEE shall fully comply with employment and wage reporting requirements under the federal Social Security Act (42 U.S.C. § 653(a) and California Unemployment Insurance Code § 1088.5. FRANCHISEE shall implement lawfully served wage and earnings withholding orders or COUNTY Child Support Services Department notices of wage earnings assignment for child, family, or spousal support issued in accordance with California Code of Civil Procedure § 706.031 and California Family Code § 5246(b). SECTION 23 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS A. Labor Code. FRANCHISEE and its agents and employees are bound by and shall comply with all applicable provisions of the California Labor Code as well as all other Applicable Laws related to labor. FRANCHISEE acknowledges that 8 hours labor constitutes a legal day's work under Applicable Law. FRANCHISEE shall require work in excess of 8 hours a day or 40 hours during anyone week only as authorized by California Labor Code § 1815. By .and through its execution of this AGREEMENT, FRANCHISEE represents and warrants that it is aware of and understands the provisions of California Labor Code § 3700, which requires every employer to be insured against liability of Workers' Compensation or to undertake self-insurance in accordance with those provisions before Page 50 commencing the performance of work under this AGREEMENT and agrees to fully comply with those provisions. B. Consideration of GAIN/GROW Participants for Employment Should FRANCHISEE require additional or replacement personnel after the Execution Date, FRANCHISEE shall give consideration for any of those employment openings to participants in COUNTY'S Department of Public Social Services' Greater Avenues for Independence (GAIN) Program or General Relief Opportunities for Work (GROW) Program who meet FRANCHISEE'S minimum qualifications for the open position. COUNTY will refer GAIN/GROW participants, by job category, to FRANCHISEE. For this purpose, "consideration" means that FRANCHISEE shall interview qualified candidates. C. Notices to Employees. 1. Regardina the Federal Earned Income Credit FRANCHISEE shall notify its employees, and shall require each Subcontractor performing Franchise Services to notify its employees, that they may be eligible for the federal Earned Income Credit under the federal income tax laws. The notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015 that FRANCHISEE has attached as Franchisee Documentation. 2. Regarding Safelv Surrendered Baby Law. FRANCHISEE acknowledges that COUNTY places a high priority on the implementation of the Safely Surrendered Baby Law (SB 1366) a. Fact Sheet. FRANCHISEE shall notify and provide to its employees and shall require each Subcontractor performing Franchise Services to notify and provide to Subcontractors' employees a fact sheet regarding the Safely Surrendered Baby _ Law, its implementation in the COUNTY, and where and how to safely surrender a baby. FRANCHISEE shall print and make available in every facility where its employees are present, including offices and operation yards, the fact sheet that is available at www.babysafela.org. b. Poster. FRANCHISEE understands that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "Safely Surrendered Baby Law poster in a prominent position at the contractor's place of business. FRANCHISEE shall also encourage its Subcontractors to post this poster in a prominent position in the Subcontractors' place of business. COUNTY'S Department of Children and Family Services will supply FRANCHISEE with the poster to be used. Page 51 3. Regarding Child Support FRANCHISEE acknowledges that COUNTY places a high priority on the enforcement of child support laws and the apprehension of child support evaders. FRANCHISEE further acknowledges that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "L.A.'s Most Wanted: Delinquent Parents List" supplied by COUNTY in a prominent position at their place of business. D. Prohibition Against Use of Child Labor. 1. Employment. FRANCHISEE shall not knowingly sell or supply to COUNTY or Customers any products, goods, supplies, or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment (the "Convention Concerning Minimum Age for Employment"). If FRANCHISEE discovers that any products, goods, supplies, or other personal property sold or supplied by FRANCHISEE to COUNTY or any Customer are produced in violation of that Convention, FRANCHISEE shall immediately provide an alternative source of supply that complies with that Convention. 2. Provide COUNTY with Records. At COUNTY'S request, FRANCHISEE shall provide documentation satisfactory to COUNTY evidencing the country or countries of origin of any products, goods, supplies, or other personal property FRANCHISEE sells or supplies to COUNTY or any Customer in connection with Franchise Services. 3. Provide COUNTY with Manufacturers' Certification. At COUNTY'S request, FRANCHISEE shall provide to COUNTY the manufacturer's certification of compliance with the Convention Concerning Minimum Age for Employment or other all -international child labor conventions. E. Nondiscrimination. Employees. FRANCHISEE and its Affiliates shall employ qualified applicants and treat employees equally without regard to or because of race, color, national origin, ancestry, religion sex, age, physical or mental disability, marital status, or political affiliation and in compliance with all State of California and federal antidiscrimination laws, including in employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation, and selection of training (including apprenticeship). 2. Subcontractors. Bidders and Vendors. FRANCHISEE shall deal with its Subcontractors, bidders, and vendors without regard to or because of Page 52 F race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation. 3. Certification. FRANCHISEE shall comply with the provisions of FRANCHISEE'S EEO Certification (Form PW -7), attached as Franchisee Documentation. 4. Inspection of Records. At COUNTY'S request, FRANCHISEE shall promptly allow COUNTY and its auditors access to FRANCHISEE'S employment records at FRANCHISEE'S Office during Franchisee Office Hours to verify compliance with the provisions of this subsection E. 5. Remedies for Discrimination. If COUNTY finds that FRANCHISEE has violated any provisions of this subsection E, that violation constitutes a Franchisee Default. While COUNTY reserves the right to determine independently that the antidiscrimination provisions of this subsection E have been violated, in addition, a determination by the California Fair Employment Practices Commission or the federal Equal Employment Opportunity Commission that FRANCHISEE has violated State of California or federal antidiscrimination laws will constitute a finding by COUNTY that FRANCHISEE has violated the antidiscrimination provisions of this subsection E. Safety 1. Services Safety official. FRANCHISEE shall designate in Franchisee Documentation a Services Safety Official who shall be thoroughly familiar with FRANCHISEE'S Injury and Illness Prevention Program (IIPP) and Code of Safe Practices (CSP). FRANCHISEE shall ensure that the Services Safety Official is available at all times Franchise Services are provided to abate any potential safety hazards. FRANCHISEE shall give the Services Safety Official the authority and responsibility to cease performing any service if necessary to abate any potential safety hazard. If FRANCHISEE fails to designate or make available the Services Safety Official, COUNTY may direct the Franchise to cease providing Franchise Services at no cost to COUNTY until FRANCHISEE is in compliance with this Section. 2. Safety Responsibilities. FRANCHISEE is responsible for the safety of equipment, material, and personnel under FRANCHISEE'S control or authority during performance of Franchise Services. FRANCHISEE is solely responsible for ensuring that all work performed under this AGREEMENT is performed in strict compliance with all Applicable Laws with respect to occupational safety regulations. FRANCHISEE shall provide at its expense all safeguards, safety devices, protective equipment, and shall take all actions appropriate to providing a safe job environment. , Page 53 G. COUNTY Lobbyists. FRANCHISEE and each COUNTY lobbyist or County lobbying firm as defined in County Code § 2.160.010, retained by Franchisee shall fully comply with the County Lobbyist Ordinance. SECTION 24 - EXECUTION OF AGREEMENT A. Execution in Counterparts. This AGREEMENT, including dated signatures on amended Exhibits and attachments to those Exhibits, may be signed in any number of original counterparts. All counterparts constitute but one and the same agreement. B. Authority to Execute. COUNTY warrants that the individual signing this AGREEMENT has been duly authorized by COUNTY to sign this AGREEMENT on behalf of COUNTY and has the full right, power, and authority to bind COUNTY to this AGREEMENT. FRANCHISEE warrants that the individual signing this AGREEMENT below has been duly authorized by FRANCHISEE to sign this AGREEMENT on behalf of FRANCHISEE and has the full right, power, and authority to bind FRANCHISEE to this AGREEMENT. H H H H !/ H H // H H H H H Page 54 IN WITNESS WHEREOF, COUNTY has by order of its Board of Supervisors caused this AGREEMENT to be signed by the Acting Director of Public Works, and FRANCHISEE has caused this AGREEMENT to be signed by its duly authorized officers, as of the date first written above. COUNTY OF LOS ANGELES By vZ,Angrer orublic Works APPROVED AS TO FORM: RAYMOND G. FORTNER, JR. County Counsel By v ` Deputy NAME0 N ISE GN SeMLF ON BegAl Page 55 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of /� / On CJCy�JCs ��s�beforeme, ��rAQ 1�6 Cf Y2 V/�Fdl'C. pale an I Name mtl Title of MQTllWr personally appeared - m I Chopu f4ra RV/ 2 Ly NaM(e) Of Igaerls) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(oao;�subscr)bed to the within instrument and acknowledged to me that Lha *h�executed the rme it OZtt�r authorized capacity(ies), and that by rrjt signature(s) on the instrument the person(s), or the ntity upon behalf of Juue wol which the person(s) acted, executed the instrument. Goory # 1648738 01W LorengeltyI certify under PENALTY OF PERJURY under the laws Los .ExPias county comm.rxplres Marze. zole� of the State of California that the foregoing paragraph is true and correct WITNESS my hand and offici ( seal. Signature LeL Place Notary Seal Apure / 61gre re of Notary P,IDgp OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — ❑Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or ❑ Other:_ Signer Is Representing: Number of Pages: in Individual ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb [I Trustee here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Page 55.1 ACTION By UNANIMOUS WRITTEN CONSENT OF BOARD OF DIRECTORS OF BURRTEC WASTE INDUSTRIES, INC. a California corporation We are all of the directors of BURRTEC WASTE INDUSTRIES, INC., a California corporation. We hereby consent to and adopt the following resolution effective January 1, 2008. Authorization to Michael Arrecuin to Execute Docu_mnts RESOLVED, that Michael Arreguin, Vice President of this corporation, is hereby authorized to execute all contracts on behalf of the President and Secretary, that this corporation has with or submits to the County of Los Angeles relating to exclusive franchises for refuse, recyclables and green waste automated cart services, and that all such writings upon being executed by Michael Arreguin shall be tending upon this corporation. This Action executed in any number of counterparts, and the counterparts taken the same instrument. Page 55.2 Franchisee Services and Service Specifications— EXHIBIT 3A EXHIBIT 3A - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS A. Provisions Cross -Referenced in the Body of AGREEMENT. The following provisions are referenced in the body of this AGREEMENT and provided in this Exhibit: 1. Section 1A1 Grant of exclusive rrancnlse ivr 1..u11eVYv11 u, vm w. COUNTY does not grant to FRANCHISEE any additional exclusive rights and privileges. 2. Section 153 collection or )oua vrasus 111 onla aI�w.vv.. •. Premises. This Franchise excludes the following right and privilege: none, other than the exclusions provided in Section 1 B. 3. Section 2A Termination Date. The Termination Date is October 31, 2015. The Acting Director in his or her sole discretion may extend the Termination Date for up to three one-year periods after Notice to FRANCHISEE no later than 90 days before the Termination Date. FRANCHISEE acknowledges that in exercising its option to extend the Termination Date, COUNTY need not consider whether any Service Assets are not fully depreciated as of the Termination Date and that FRANCHISEE invested in and depreciated those Service Assets in FRANCHISEE'S sole discretion. 4. Section 4C Non -Collection Notice item 6. FRANCHISEE observes the presence of Manure in a Refuse Container. 5. Section 4E Exceptions to Performance Obligations. The Parties agree to the following exceptions to Performance Obligations described in Sections 1 through 24 of this AGREEMENT: none. 6. Section 7B Telephone Service. The Parties agree to the following additional service obligations: a. FRANCHISEE shall use Reasonable Business Efforts to broadcast public education messages to Customers while they are placed on hold waiting to talk to a Customer service representative; b. FRANCHISEE shall require no more than two recorded options on a telephone tree before the Customer speaks to a live Customer service representative (for example, English/Spanish and residential/commercial service choices); and C. FRANCHISEE shall answer the telephone within five rings. Upon the Acting Director's determination that the telephone is not answered within five rings based on at least three calls within one week or ten calls within one month made and certified by the Page 56 Franchisee Services and Service Specifications - EXHIBIT 3A Acting Director, the Acting Director may require that FRANCHISEE install additional telephone lines, hire additional operators and make other Customer service improvements without increasing Rates. 7. Section 7C Bilingual. FRANCHISEE shall respond to Customers in English and Spanish, as the Customer requests. 8. Section 15 Amount of Performance Assurance. FRANCHISEE shall provide performance assurance for Santa Clarita Valley in the amount of $1,048,150. 9. 19A Actina Director's Consent to Transfer. The Acting Director may condition consent to any Transfer, other than an Assignment to an Affiliate, on FRANCHISEE'S payment to COUNTY of 55.00 per Customer. 10. 21E Allocable share or vireo L usw w, -- c ^f Anroomont Provision. FRANCHISEE'S share 100 percent. B. General Specifications. 1. Collection commencemeni udLs. allu -�•� - -- -- FRANCHISEE shall begin Collection on November 1, 2008, and Collect from all Customers during the succeeding week. Franchise shall Collect only between the hours of 6 a.m. and 6 p.m., Monday through Saturday, except that FRANCHISEE may Collect from Commercial Premises that are not located within 500 feet of Residential Premises at other times agreed to between FRANCHISEE and the Commercial Customer in accordance with the County Code, including § 12-08.520 Refuse Collection Vehicles. FRANCHISEE shall use Reasonable Business Efforts to adjust the early morning start point of Collection routes to address and minimize Customer complaints. FRANCHISEE shall Collect from Premises that were scheduled for Collection on a Holiday on the day before or after the scheduled Service Day that is a Holiday, and shall Collect from all other Premises in the Service Area on their regularly scheduled Collection day or one day later than their regularly scheduled Collection day. FRANCHISEE shall indicate the option it has selected in Franchisee Documentation. FRANCHISEE shall pay liquidated damages for Breach under this subsection B1 in accordance with Exhibit 18D2 Liquidated Damages. _Waste Diversion Program. FRANCHISEE shall develop and implement a Waste Diversion Program for all Residential Premises and Multifamily Premises, including Collection of Recyclables, Green Waste, Bulky Items, E -waste and CEDs; Customer education and outreach; Record keeping; and submission of Reports. FRANCHISEE shall include a copy of its Page 57 Franchisee Services and Service Specifications — EXHIBIT 3A program in Franchisee Documentation. The Waste Diversion Program must include, at a minimum, all of the following items: a. Customer Recyclables Diversion Education Program. As part of its Waste Diversion Program, FRANCHISEE shall develop and implement a Customer educational program to maximize Diversion of Recyclables, Green Waste, Bulky items, E -waste and CEDs. The Customer educational program must include, at a minimum, all of the following items: (i) Recycling and Diversion goals, including method and calculations used and measures that will be used to determine how successful FRANCHISEE is in meeting its waste diversion goals; (ii) Identifying Recycling and Diversion strategies and Customer options, including efforts to increase participation of Customer food retailers; (iii) Establishing program tasks, such as meeting with managers of Multifamily Premises, visiting schools, speaking at Chambers of Commerce, informing Customers of on-line recycling and diversion information sites, and mailing quarterly newsletters; (iv) Timetable for program implementation; and (v) Developing and distributing literature in the form of fliers, cards, stickers, or otherwise as FRANCHISEE determines to be the most effective means of increasing Recycling and Diversion by Customers. FRANCHISEE shall use Reasonable Business Efforts to participate in other promotional activities to increase Diversion, including participation in local fairs, parades and civic events. b. Distribution of Promotional Materials. At least once each calendar year, FRANCHISEE shall distribute flyers, pamphlets, brochures, or other written information describing FRANCHISEE'S Recyclables services and other opportunities for Customers to reduce, reuse, recycle, and divert Solid Waste. FRANCHISEE shall submit the materials to COUNTY at least one month before mailing them for COUNTY review and approval. FRANCHISEE may combine this distribution with its Customer outreach for the Unpermitted Waste Screening Protocol as provided in Section 6E. Page 58 Franchisee Services and Service Specifications — EXHIBIT 3A C. Diversion. FRANCHISEE shall use Reasonable Business Efforts to Divert all materials that it Collects in accordance with this subsection B2, including the following: Holiday trees that it Collects in accordance with subsection F1; Bulky Items and excess Solid Waste, E -waste and CEDs that it Collects in accordance with subsection F2; and iii. Refuse and Recyclables that it Collects at special events in accordance with subsection F3. FRANCHISEE shall transport those materials only to the facility or facilities, including Solid Waste Facilities, that FRANCHISEE has designated in Franchisee Documentation for Recycling, Processing, or Diversion and shall Dispose of those materials that it does not Divert to the Solid Waste Facility that FRANCHISEE designates in Franchisee Documentation for Disposal. FRANCHISEE shall pay liquidated damages for Breach under this subsection F6 in accordance with Exhibit 18D2 Liquidated Damages. 3. Containers. FRANCHISEE shall pay liquidated damages for Breach under this subsection B3 in accordance with Exhibit 18D2 Liquidated Damages. a. Delivery and Exchanges. Within seven days after receiving a Customer's request for commencement or changes in Collection of Refuse, Recyclables, Green Waste, or Manure, FRANCHISEE shall deliver Containers of the Customer's requested capacity or replace existing Containers with substitute Containers of the Customer's requested capacity. b. Removal. On a regularly scheduled Collection day, no later than 8 days after receiving notice from a Customer to discontinue Collection in accordance with the Customer's rights under a Subscription Order, FRANCHISEE shall remove its Containers from the Customer's Premises. C. Repair and Replacement. FRANCHISEE shall repair or replace Containers on or before the next Service Day after COUNTY'S or a Customer's request for repair or replacement, including providing and maintaining operable lids. FRANCHISEE shall repair or replace Containers, including Containers that are stolen, without surcharge, except that if the Customer does not report the theft of a Page 59 Franchisee Services and Service Specifications — EXHIBIT 3A Container to the police, FRANCHISEE may charge the Customer the actual cost of replacement. d. Specifications. FRANCHISEE shall procure, provide to Customers, maintain, and Collect using fully automated, wheeled Carts having the specifications described in Franchisee Documentation and without surcharge to Customers unless otherwise provided on the Rate Schedule. Reference in this AGREEMENT to "96 gallons" includes substantially similar capacity upon approval of the Acting Director. e. Upright. FRANCHISEE shall return Carts upright. f. Inventory. FRANCHISEE shall maintain a Cart inventory of at least 10% of the total number of Carts of each type and capacity provided to all Customers. g. Graffiti. FRANCHISEE shall remove graffiti from Containers within 5 days (weekends excepted) of identification by FRANCHISEE or oral or written notice by COUNTY or a Customer or, if the graffiti is comprised of pictures or written obscenities, within 48 hours (weekends excepted). In. Alternatives to Fully Automated 96 -Gallon Carts. In place of fully automated 96 -gallon Carts, FRANCHISEE may Collect Refuse, Recyclables and/or Green Waste in the type of Containers and in the manner described in Franchisee Documentation, at any Premises that is difficult to service with automated collection Vehicles if approved by the Acting Director, or at any Premises if requested by the Customer. FRANCHISEE shall provide the alternative Containers having the same aggregate capacity, as FRANCHISEE would have provided to that Customer in Carts for the Rate surcharge provided in the Rate Schedule. I. In -ground Containers. If a Customer requests Refuse Collection from in -ground Containers, FRANCHISEE shall Collect the Refuse from those in -ground Containers for the same Customer Service Charges applicable to the number of 96 -gallon Refuse Carts that FRANCHISE would have to provide to Collect the same volume of Refuse discarded in the in -ground Containers, but not less than a minimum amount equal to basic service as provided on Attachment 2 to Exhibit 10. For example, if the in -ground Container has a capacity of approximately 35 gallons, FRANCHISEE shall charge the same amount as for basic service for a 96 -gallon Refuse Cart as provided on Attachment 2 to Exhibit 10. For example, if the in -ground Page 60 Franchisee Services and Service Specifications— EXHIBIT 3A Containers have an aggregate capacity of approximately 150 gallons, FRANCHISEE shall charge for that basic service for a 96 - gallon Refuse Cart plus the surcharge for an additional 96 gallon Refuse Cart, as provided on Attachment 2 to Exhibit 10. Alternatives to 96 -Gallon Carts due to Space Restrictions. If a Customer requests Containers other than 96 -gallon Carts due to space restrictions for Cart storage or at the Set -Out Site, FRANCHISEE shall provide the type of Containers and method of Collection described in Franchisee Documentation. FRANCHISEE shall provide alternative Containers having the same aggregate capacity as FRANCHISEE would have provided to that Customer in Carts, without Rate discount or surcharge, if the Customer requests the same aggregate capacity. k. 32 -Gallon Cart Alternatives to 96 -Gallon Carts for elderly. If an elderly Residential Customer described in Subsection G requests a 32 -gallon Cart, FRANCHISEE shall provide a 32 -gallon Cart so long as the elderly Customer can dispose of all or his or her Refuse inside the 32 -gallon Cart and does not commingle Refuse in his or her Recyclables or Green Waste Carts. 4. Vehicles. Vehicles used for Collection must be fully automated unless permitted in subsection B3h. 5. Subcontractors. FRANCHISEE shall not engage any Subcontractor in an amount exceeding $50,000 for any individual Subcontractor without prior COUNTY approval of the Subcontract and Subcontractor. FRANCHISEE is responsible for directing the work of FRANCHISEE'S Subcontractors and any compensation due or payable to FRANCHISEE'S Subcontractors is the sole responsibility of FRANCHISEE. FRANCHISEE shall remove any approved Subcontractor for good cause at COUNTY'S request. FRANCHISEE shall identify all Subcontractors in Franchisee Documentation. In its Annual Report, FRANCHISEE shall disclose to COUNTY the name of all Subcontractors, the amount of Goods or Services that each Subcontractor provides to FRANCHISEE, and a description of FRANCHISEE'S relationships to each Subcontractor (including ownership interests). 6. Routing and Container Placement. FRANCHISEE shall provide to the Acting Director route maps and schedules indicating the day and approximate time of day (morning or afternoon) of Collection and Customers' names and addresses. FRANCHISEE shall schedule Collection one to two Service Days before streets are swept as provided in COUNTY'S schedule for street sweeping in the Service Area unless otherwise approved by the Acting Director. For the convenience of the Parties, COUNTY'S current street sweeping schedule is attached as Page 61 C. Franchisee Services and Service Specifications — EXHIBIT 3A Exhibit 1, and the schedule may be amended by COUNTY after the Execution Date. Franchise shall use Reasonable Business Efforts to implement the Acting Director's requests for route and schedule changes. FRANCHISEE shall return empty Containers to their Set -Out Sites or site nearest Set -Out Site that does not impede pedestrian or vehicular traffic. The Set -Out Site must be located at the curb or as otherwise provided in County Code § 20.72.1 D0. 7. Collection Frequency. In order to protect the public health and safety and control the spread of vectors, FRANCHISEE shall Collect all Refuse at least once per week. Refuse Collection, Transportation, and Disposal. 1. Scope of Franchise Services and Specifications. FRANCHISEE shall arrange to provide for fully automated Collection, transportation and Disposal of Refuse discarded by any Customer that requests FRANCHISEE to Collect its Refuse in Carts and agrees to pay Customer Service Charges. FRANCHISEE shall provide to each of those Customers the following for Collection of Refuse: a. One 96 -gallon Cart without surcharge; and b. At the Customer's request, any number of additional 96 -gallon Carts for the surcharge provided on the Rate Schedule. FRANCHISEE shall Collect, transport and Dispose of Refuse discarded in tagged bags set next to a Customer's Refuse Cart without surcharge. Within one week of Customer request, FRANCHISEE shall provide that Customer two tags per Contract Year, substantially in the form included in Franchisee Documentation. 2. FRANCHISEE -Designated Solid Waste Facility. FRANCHISEE shall transport Refuse only to the Solid Waste Facility or Facilities that FRANCHISEE has designated in Franchisee Documentation for Disposal. FRANCHISEE shall use Reasonable Business Efforts to designate a Solid Waste Facility or Facilities that utilizes Conversion technology or provides feedstock to Conversion facilities. FRANCHISEE shall pay liquidated damages for Breach under this subsection C2 in accordance with Exhibit 18D2 Liquidated Damages. 3. Manure. FRANCHISEE shall arrange to provide fully automated Collection, transportation and Disposal of Manure discarded by the Customer for whom Franchisee provides Collection of Refuse, on the day or days agreed with Customer, at least weekly, in each of the following events: Page 62 Franchisee Services and Service Specifications — EXHIBIT 3A a. the Customer requests that Franchise Service, or b. FRANCHISEE (1) observes manure discarded in that Customer's Refuse Container, (2) provides a Non -Collection Notice required under Section 4C9, explaining that Customer cannot discard Manure in Refuse Containers and must subscribe to Containers for discard of manure; and (3) subsequently again observes Manure discarded in that Customer's Refuse Container. FRANCHISEE shall provide to that Customer a 64 -gallon Cart (or other capacity Cart approved by the Acting Director) for Collection of Manure and upon Customer request, additional 64 -gallon Cart or Carts for the Customer Service Charges provided on the Rate Schedule. At the request of any Customer, Franchisee shall provide roll-out, carry- out or push services described in subsection G with respect to Green Waste Carts containing Manure. However, Franchisee may charge a surcharge for these services as provided in the Rate Schedule regardless of whether the Customer is Elderly or Handicapped as defined in Subsection G. FRANCHISEE'S fees, charges, and other compensation from providing Franchise Services to Premises with respect to Manure is included in the calculation of the Franchise Fee under Section 1D. D. Recyclables Collection, Transportation, Processing and Diversion. t. Scope of Franchise Services and Specifications. FRANCHISEE shall arrange to provide for fully automated Collection, transportation, processing and marketing of Recyclables discarded by any Customer for whom FRANCHISEE provides Collection of Refuse on the same day that FRANCHISEE Collects the Refuse. If FRANCHISEE Collects Refuse from in -ground Containers, FRANCHISEE shall Collect Recyclables as provided in its Waste Diversion Program, without surcharge to the Customer. FRANCHISEE shall provide to each of those Customers the following for Collection of Recyclables: a. One 96 -gallon Cart and, at the Customer's request, one additional 96 -gallon Cart (for a total of two 96 -gallon Carts) without surcharge; and b. At the Customer's request, any number of additional 96 -gallon Carts for the surcharge provided on the Rate Schedule. FRANCHISEE may not reduce Customer Service. Charges for Customers that do not discard Recyclables. I - Page 63 Franchisee Services and Service Speclfrcations— EXHIBIT 3A 2. FRANCHISEE -Designated Facility. FRANCHISEE shall transport Recyclables only to the facility or facilities that FRANCHISEE has designated in Franchisee Documentation for Recycling, Processing or Diversion, including Solid Waste Facilities, materials brokers and beneficiators. FRANCHISEE shall pay liquidated damages for Breach under this subsection D2 in accordance with Exhibit 16D2 Liquidated Damages. 3. Purchase of Recyclables. FRANCHISEE'S obligation to provide Recyclables services described in this Section D does not preclude FRANCHISEE from purchasing Recyclables from its Customers separate from Franchise Services. 4. Scavenging - Discouragement. FRANCHISEE shall use Reasonable Business Efforts to enforce anti -scavenging laws, including the following: 5. a. Instituting civil actions against a Person alleged to have violated California Public Resources Code § 41950 for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $1,000.00, whichever is greater, for each unauthorized removal, in accordance with California Public Resources Code § 41953; and b. Taking actions under County Code § 20.72.196 to discourage Scavenging. Disposing of Recyclables or Green Waste. Unless FRANCHISEE is obligated under this AGREEMENT to process Refuse for recovery of Recyclables, or unless as otherwise approved by the Acting Director, FRANCHISEE shall not: a. Mix Recyclables or Green Waste that it Collects with Refuse; or b. Dispose of Recyclables or Green Waste that it Collects in a Disposal site or transformation facility, except for: (i) Incidental amounts of Recyclables or Green Waste that a Customer commingles with discarded Refuse; (ii) Green Waste used as alternate daily cover that is considered Diversion; or (iii) Contaminated Recyclables or Green Waste that cannot be Diverted using Reasonable Business Efforts as long as FRANCHISEE has previously exercised Reasonable Page 64 Franchisee Services and Service Specifications —EXHIBIT 3A Business Efforts to provide Customer education with respect to reducing that contamination. FRANCHISEE shall pay liquidated damages for Breach under this subsection D5 in accordance with Exhibit 18D2 Liquidated Damages. FRANCHISEE may transport residual Solid Waste remaining after processing at Solid Waste Facilities to maximum possible recovery levels and Diversion to facilities other than the Solid Waste Facility or Facilities that FRANCHISEE designates for Disposal in Franchisee Documentation. However, FRANCHISEE shall use Reasonable Business Efforts to Divert or provide for the Diversion of residual Solid Waste remaining after processing at a materials recovery facility at Conversion facilities. 6. Contamination Audits. a. Initial. Within the first six months of commencing Franchise Services, Franchise shall check all Customers' Recyclables Containers and Green Waste Containers) once to ascertain whether Customers are discarding only Recyclables in their Recyclables Containers and only Green Waste in Green Waste Containers. Checking must include, at a minimum, manually opening the lid of Carts or Bins and visually inspecting the contents of the Cart or Bin to identify contamination. b. Annual Spot Checks. After the first six months of commencing Service, Franchise shall check Recyclables Containers of 20 percent of its Customers annually on a rotating basis, such that all Customers' Recyclables Containers are spot checked at least once every five years. C. Non -Collection Notices. If FRANCHISEE observes materials other than Recyclables during an initial or spot check, it shall not Collect that Container and it shall leave a Non -Collection notice at the Premises. Follow -Up. Within two months, FRANCHISEE shall recheck Containers set out at Premises that received a Non -Collection notice. e. Reports. in its Monthly Report FRANCHISEE shall summarize the results of its spot checks. f. Additional Spot Checks. After the first six months of commencing Service, if the Acting Director determines that Customers are discarding a significant amount of Refuse and/or Green Waste in their Recyclables Containers or Refuse and/or Recyclables in their Page 65 Franchisee Services and Service Specifications — EXHIBIT 3A Green Waste Containers, then the Acting Director may direct FRANCHISEE to check additional Containers and leave Non - Collection notices as provided in subsection D6c. E. Green Waste Collection, Transportation, Processing, and Diversion. Scope of Franchise Services and Specifications. FRANCHISEE shall arrange to provide for fully automated Collection, transportation, processing and marketing of Green Waste discarded by any Customer for whom FRANCHISEE provides Collection of Refuse on the same day that FRANCHISEE Collects the Refuse. If FRANCHISEE Collects Refuse from in -ground Containers, FRANCHISEE shall Collect Green Waste as provided in its Waste Diversion Program, without surcharge to the Customer. FRANCHISEE shall provide to each of those Customers the following for Collection of Green Waste: a. One 96 -gallon Cart and, at the Customer's request, one additional 96 -gallon Cart (for a total of two 96 -gallon Carts) without surcharge; and b. At the Customer's request, any number of additional 96 -gallon Carts for the surcharge provided on the Rate Schedule. In addition, FRANCHISEE shall Collect, up to four times each year without surcharge, Green Waste that a Customer discards in bags at the Set -Out Site on that Customer's next regularly scheduled Collection day after 24 hours advance notice by the Customer or other date agreed to between that Customer and FRANCHISEE. FRANCHISEE may not reduce Customer Service Charges for Customers that do not discard Green Waste. 2. FRANCHISEE -Designated Facility. FRANCHISEE shall transport Green Waste only to the facility or facilities that FRANCHISEE has designated in Franchisee Documentation for Recycling, Processing or Diversion, including Solid Waste Facilities. FRANCHISEE shall pay liquidated damages for Breach under this subsection E2 in accordance with Exhibit 98D2 Liquidated Damages. F. Special Services. FRANCHISEE shall provide the Services prescribed in this Section F without surcharge to Customers or charge to COUNTY except for subsection F2d Additional On -Call Pickup with Surcharge. Holiday Tree Collection. During the period beginning December 26 and ending January 14, or another period established by COUNTY not to exceed three weeks, and at a Customer's request, FRANCHISEE shall Collect, transport, process, and Divert all holiday trees, such as Christmas Page 66 2. Franchisee Services and Service Specifications — EXHIBIT 3A trees and Hanukkah bushes stripped of ornaments, garlands, tinsel, flocking, and stands, placed for Collection at the Set -Out Site, on or before the Customer's next regularly scheduled Collection day. Bulky Items Excess Solid Waste E -waste and CEDs Collection. a. Annual Curbside Cleanup Event FRANCHISEE shall Collect unlimited amounts of Residential Customers' Bulky Items, excess Solid Waste, E -waste and CEDs discarded at each Set -Out Site once each calendar year on a day approved by COUNTY, after no less than two weeks advance written notice to Residential Customers, without surcharge. b. Two On -Call Pickups Per Year without Surcharge for Residential Customers. In addition to the annual curbside cleanup event described in subsection F2a, FRANCHISEE shall Collect twice each calendar year unlimited amounts of Residential Customers' Bulky Items, E -waste and/or CEDs discarded at the Set -Out Site of a Residential Customer on that Customer's next regularly scheduled Collection day after 24 hours advance notice by the Customer or other date agreed to between that Customer and FRANCHISEE, without surcharge. C. Four On -Call Pickups Per Year without Surcharge for Multifamily Customers. FRANCHISEE shall Collect four times each calendar year a maximum of two items per pickup of Multifamily Customers' Bulky Items, E -waste and/or CEDs discarded at the Set -Out Site of a Multifamily Customer on that Customer's next regularly scheduled Collection day after 24 hours advance notice by the Customer or other date agreed to between that Customer and FRANCHISEE, without surcharge. d. Additional On -Call Pickup with Surcharge. In addition to Collection described in subsections F2a and b, at the request of a Residential Customer in excess of twice annually, as provided in subsection F2b, or at the request of a Multifamily Customer in excess of four times annually, as provided in subsection F2c, on 24 hours advance notice, FRANCHISEE shall Collect unlimited amounts of that Customer's Bulky Items, E -waste and CEDs discarded at that Customer's Set -Out Site on that Customer's next regularly scheduled Collection day or other date agreed to between that Customer and FRANCHISEE at surcharges for additional calls listed on the Rate Schedule and surcharge for items listed in Franchisee Documentation. e. Number of Workers. FRANCHISEE shall supply at least two workers for each Collection Vehicle during the annual curbside Page 67 Franchisee Services and Service Specifications — EXHIBIT 3A Cleanup event described in subsection F2a. FRANCHISEE shall also supply at least two workers for each Collection Vehicle dispatched for on-call pickup described in subsections 172b, c and d unless FRANCHISEE determines at the time a Customer orders on-call pickup that the Customer's discarded Bulky Items will not require at least two workers to load them safely onto the Collection Vehicle. f. Required Registrations and Permits. FRANCHISEE shall secure and maintain valid waste and used tire hauler registration therefor in accordance with California Public Resources Code § 42950 at seq. and any Permit required by Applicable Law for handling CEDs. FRANCHISEE shall transport tires to and Dispose of them at a facility authorized and permitted in accordance with Applicable Law to accept tires. FRANCHISEE shall comply with all applicable regulations governing the recovery of ozone-depleting refrigerants during the Disposal of air conditioning or refrigeration equipment, including 40 C.F.R. Part 82. g. Annual Customer Notice. At least annually, FRANCHISEE shall provide Customers notice of available Franchise Services for Collection of Bulky Items, excess Solid Waste, E -waste and CEDs, and FRANCHISEE'S charges for those Franchise Services. h. FRANCHISEE -Designated Facility. FRANCHISEE shall transport Bulky Items, E -waste and CEDs only to the facility or facilities that FRANCHISEE has designated in Franchisee Documentation for Recycling, Processing or Diversion, including Solid Waste Facilities. FRANCHISEE shall pay liquidated damages for Breach under this subsection F2 in accordance with Exhibit 98D2 Liquidated Damages. 3. Special Events Cleanup Services. At the Acting Director's request, FRANCHISEE shall provide Bins or portable containers in type, number, and capacity (such as up to 80 cubic yards) specified by the Acting Director for discards of Solid Waste (including Bulky Items), E -waste and CEDs at each of up to four community cleanup projects or public events located throughout the Service Area during any 12 -month period. FRANCHISEE shall Collect filled Bins or portable containers immediately and partially full Bins or portable containers no later than the day after the termination of the project or event. FRANCHISEE shall provide all the necessary labor, vehicles, Bins or portable containers and other equipment, and materials or supplies (such as plastic bags in portable containers). 4. Vehicle Billboards. FRANCHISEE shall equip Vehicles on at least one side with frames capable of securing signs measuring 29 3/16 inches by Page 68 Franchisee Services and Service Specifications— EXHIBIT 3A 93 3116 inches or other dimension approved by the Acting Director. FRANCHISEE shall prepare and install signs promoting Recycling, Diversion and safe handling of Unpermitted Waste, with text, graphics and design approved by the Acting Director. G. Roll -Out Services. FRANCHISEE shall manually provide Cart roll-out, carry -out or push services for all or a portion of Collection at the request of any Residential or Multifamily Customer for the surcharge provided in the Rate Schedule. These services include the following: Dismounting from the Collection Vehicle, moving Containers from their storage location to the Collection Vehicle and returning them to their storage location; and 2. Carrying Bulky Items from adjacent to a dwelling out to the curb. FRANCHISEE shall provide these services without additional charge or surcharge to Residential Customers who are elderly or disabled and who meet both of the following qualifications: The Customer is a head of household as evidenced by his or her name on utility or telephone bills for the involved premises, and 2. The Customer certifies that there is no able-bodied individual in the Customer's household who can roll out Carts to the curb. As used in this Exhibit and in Attachment 2 to Exhibit 10, "elderly" means age 62 or older as evidenced by a driver's license or other document issued by a governmental entity, and "disabled" means Customers who suffer from a disability as evidenced by a letter from their medical physician. FRANCHISEE shall describe the Customer's storage location in that Customer's Subscription Order. H. Senior Discount. FRANCHISEE shall provide 25 . percent discounts in Customer Service Charges to elderly Residential Customers meeting all of the following requirements: 1. The Customer is age 62 or older as evidenced by a driver's license or other document issued by a governmental entity; 2. The Customer is a head of household as evidenced by his or her name on utility or telephone bills for the involved premises; and 3. The Customer either (1) qualifies for discounted utility rates based on financial need (such as those referred to as "life -line" rates) as evidenced by water, power, or telephone bill for the involved premises, or (2) generates small amounts of waste and uses 32 -gallon containers. Page 69 Franchisee Services and Service Specifications — EXHIBIT 3A Transition Roll -Out Plan. FRANCHISEE shall provide a start-up transition and Cart roll-out plan, including both time line and tasks, such as: Ordering Vehicles and/or Containers; 2. Vehicle and/or Container delivery from manufacturer; 3. Container (such as Cart) assembly; 4. Distributing Containers to Customers; 5. Public outreach and education activities; 6. Determining routes; 7. Training route drivers; 8. Collecting old Containers; Commencement date of Collection. FRANCHISEE shall use its best efforts to cooperate and work with providers of MSW Management Services before the date that FRANCHISEE commences Collection as provided in Section B1 of this Exhibit in order to ensure a smooth transition. Prior to that commencement date, Franchisee shall use its best efforts to provide MSW Management Services to Customers who do not receive MSW Management Services from other providers. J. FRANCHISEE Commitments Made in its Proposal to COUNTY for Procurement of This AGREEMENT. FRANCHISEE shall fully and timely satisfy any additional Performance Obligations set forth in item 20 of Section B of Exhibit 3D. K. MSW Management Services to Residential Premises and Multifamily Premises in Bins. This Franchise does not prohibit FRANCHISEE from executing separate agreements with any Customer to provide MSW Management Services in Bins to Residential Premises for any Residential Customers and to Multifamily Premises for any Multifamily Customers who request FRANCHISEE to provide Bins for Refuse (including source -separated manure), Recyclabies and/or Green Waste. In that event: FRANCHISEE shall also provide all other Franchise Services (except Collection of Refuse, Recyclables, or Green Waste, as the case may be in Bins) to that Customer, including Collection of Recyclable$ and Green Waste and Customer service, in accordance with this AGREEMENT, without surcharge; and Page 70 Franchisee Services and Service Specifications— EXHIS173A 2. FRANCHISEE shall enter into a commercial franchise with COUNTY, if required in the Service Area. Page 71 Franchisee Services and Service Specifications— EXHIBIT 3A ATTACHMENT 1 - SERVICE AREA AND STREET SWEEPING SCHEDULE (Section 136) [INSERT APPROVED MAP OF SERVICE AREA AND SCHEDULE HERE] Page 72 t Franchisee Services and Service Specifications — EXHIBIT 3A EXHIBIT 3D - FRANCHISEE DOCUMENTATION [All documentation listed below to be attached to AGREEMENT as Exhibit 3D] A. Notice to COUNTY Required. 1. FRANCHISEE'S PERMIT AND PERMIT APPLICATION, including all permits required by the County Code (such as a waste collector permit from the Los Angeles County Department of Health Services) or other Applicable Law. 2. INVENTORY OF SERVICE ASSETS, including all documents that encumber or limit FRANCHISEE's interest in Service Assets as described in Section 16A3b, including identifying serial numbers on Carts promptly upon acquisition. CART SPECIFICATIONS, including cart capacity options, container color, manufacturer's orders and invoices, label content and placement (Section 61); Section 133d of Exhibit 3A). 3. (Intentionally omitted) 4. ALL FRANCHISEE MANAGERS (Section 20,15; see definition of "Franchisee Manager" in Exhibit 21) AUTHORIZED REPRESENTATIVE OF FRANCHISEE, with Notice contact information (name, address, phone numbers, fax numbers, and e-mail address) KEY PERSONNEL (Section 4L) SERVICES SAFETY OFFICIAL (Section 23F1) 5. ROUTE MAPS AND SCHEDULES (Section B6 of Exhibit 3A). 6. FACILITIES AND SOLID WASTE FACILITIES designated by FRANCHISEE (Exhibit 3A: Sections C2 Refuse, D2 Recyclables, E2 Green Waste, F2 Sulky Items, CEDs. E -waste, and Excess Solid Waste, and F5 Manure), including the following information: a. Name, location, owner, and operator, with telephone contact; b. Types of materials accepted and rejected; C. If applicable, methodology used by each Processing facility for allocating materials, including Disposed residue, to the Service Area, with sample reports. 73 Franchisee Services and Service Specifications — EXHISI7 3A 7. SUBCONTRACTORS, including Subcontractors' names, the amount of Goods or Services that each Subcontractor provides to FRANCHISEE, and a description of FRANCHISEE'S relationships to each Subcontractor, including ownership interests; but excluding COUNTY -approved Subcontractors (Section B5 of Exhibit 3A). B. COUNTY Consent Required. 1. FORM OF NON -COLLECTION NOTICE including any Green Waste exclusions (Section 4C). 2. FORM OF SUBSCRIPTION ORDER (Section 4D), including form of any waiver of liability (Section 4B) and form of any indemnification (Section G of Exhibit 3A) SUBSCRIPTION ORDER SUMMARY (Section 4D) 3. UNPERMITTED WASTE SCREENING PROTOCOL (Section 6; Section F4 of Exhibit 3A). 4. OFFICE address (Section 7A) and Franchisee Office Hours. 5. ACKNOWLEDGMENT of receipt of fact sheets relating to form of Non-employee Injury Report (Section 1463) and Safely Surrendered Baby Law (Section 23C2). 6. INSURANCE AND PERFORMANCE ASSURANCE (Sections 14 and 15). 7. INTERNAL REVENUE SERVICE NOTICE 1015 (Section 23C1). 8. FRANCHISEE'S EEO CERTIFICATION (FORM PW -7) (Section 23E3). 9. WASTE DIVERSION PROGRAM, including Customer Recyclables Diversion Education Program (Sections B2 and F4 of Exhibit 3A). 10. ALTERNATIVES TO FULLY AUTOMATED OR 96 -GALLON CARTS (Sections B3h, 133i, and B3j of Exhibit 3A). 11. COUNTY -APPROVED SUBCONTRACTORS, including Subcontractors' names, the amount of Goods or Services that each Subcontractor provides to FRANCHISEE, and a description of FRANCHISEE'S relationships to each Subcontractor, including ownership interests (Section B5 of Exhibit 3A). 12. ADDITIONAL FRANCHISEE COMMITMENTS MADE IN ITS PROPOSAL FOR PROCUREMENT OF THIS AGREEMENT (Section J of Exhibit 3A). 74 Franchisee Services and Service Specifications — EXHIBIT 3A 18. CHARGES FOR ADDITIONAL ON-CALL PICKUP OF BULKY ITEMS, E - WASTE AND CEDs (Section F2d of Exhibit 3A). 19. TRANSITION ROLL-OUT PLAN (Section I of Exhibit 3A). 20. ADDITIONAL FRANCHISEE COMMITMENTS MADE IN ITS PROPOSAL FOR PROCUREMENT OF THIS AGREEMENT (Section J of Exhibit 3A). Page 75 EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item A.I - FRANCHISEE'S PERMIT AND PERART APPLICATION This item consists of L pages (including this page). Initials: Dated/4LZZCS� Initials: -NI2 Dated: 10 �p F NC SEE COUNTY EXHIBIT 3D Item A.1 - Franchisee's Permit Enclosed, please find the following Burrtec Waste Industries, Inc. permits, as required: Burrtec Waste Industries, Inc., County of Los Angeles, Waste Collector Permit from the Los Angeles County Department of Health Services. The current Waste Collector Permit is operational for calendar year 2006 (Number S0535) Burrtec Waste Industries, Inc., Department of Toxic Substances Control EPA Number as a hazardous waste generatorlhandier (CAL0004235) Burrtec Waste Industries, Inc., California Integrated Waste Management Board Waste Tire Hauler Permit for calendar year 2008 (TPID 1001726-01). K W, COUNTY SOF `LOS ANGELES DoPenmentO1 Health Swvlc" • Saki Wn%MwwgwwN Propnm Waste Collector Permit Uedv'PlWsjb , ei Ca mty Ctdmen0e TIOe 20 2Uf18 BUNMTS.0 WASH 1NDUSIAIR% INC "" Cb" A» _ vmlw,p91w C41MFAk ID 0 80635 . rmmlT F" 31,732.00 v6111C1Mr=MtT ED 11 DATAOMMUR I OVIV2004 ITItlN DAT& ��1� m X T W w v EXHIBIT 3D rlitm t M. Cnlifor+�rrt Dgvi-P710d of Toxic Substances Control! Handler Cerdficadon Page (Signature !"q !red) ...... ....,._.,_,,,,„_,_•,_.._.._... _............... _... IkRer ewnx Waste Induaoies. Inc. ID: 4235 ' fReouited) • Repor4rig Yew 12— ppg 4 the CRT mdor UWED handler, am Q the Prop" ovrtxr 0 the oppa w o1 the faddy. I der* Under PWAIW of rhe law toot the far*. named in Section A. generates a aocePts bom ea s but does not treat or raeyde. ueteersal waste electronic devices andW CRT mater" The trbml*m tztKeuled In is true, tXd m and com *te to @ie best Of my igwA*dpe. Dime: Municipal WAM tur (�'I-blanc Wti � TIPa (pbale type d1) �Rlchard feao Printed tune (Paw we int o8114f2ooa 7I° Date siped ((rsnldd M - Pkax typo h) Notifiagons must w submbted to DT5C by oW fied MR. relum reea0 request Before submdting this gape.Print • B out so You can sign and send h b address bnbw. Mei to: P,,pwtTwd of Toric Substance CWMDI Hezardoia Wa6fe Manage(nent Program RepiAatorY P,*W m DeveloPmm Diwsion P.O. tiOX 836 Soo emsrlro. CA 86612-WM Aeerdlon: tlWED7CRT Malermis Handling Actrvi6es You app[at*n w1U not be aPxpt�i i,. you do not Compile and send in thm paqe Subr+�n Onrldtuns If uv+ i Pmacv Polio' Coprigrg O 2W7 Sine Of CaIIX v yv�/Mrwrd�c.. or;yuWse/1J�lLYJp_Up1�u CN.ro�ua�+V'146W+.•SI'gK3tIXt260D06C(D•tir1Y0)WIOtN/•I ORION is P. Iai w State of California California Integrated Waste Management Board Tire Program Identification Number 100172601 P"TEC WASTE w"Sums. IWC. "M CHRWW AVE .... FONTAKCA9Y136W • iii. So not copy at .epwdua Post this certificate in a compkuuus place `= EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.2 — INVENTORY OF SERVICE ASSETS AND CART SPECIFICATIONS This item consists of � D pages (including this page). Initials: `bated Rials: C�— Dated: FRANCHISEE Burrtec Waste Industries, Inc. has received approval from the Director to use 95 gallon carts for this Franchise area under the Franchise Agreement. 11 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item A.2 - INVENTORY OF SERVICE ASSETS Burrtec Waste Industries, Inc. has purchased and received all ten new alternative fueled vehicles (CNG powered) for the Santa Clarita franchise service area. The invoices that follow show the vehicles that were purchased for the Santa Clarita franchise area. This includes the six highlighted on the first invoice and the individual vehicles on the subsequent invoices. A detailed list of vehicles to be used for the Santa Clarita Valley, County of Los Angeles franchise area is included below. All vehicles are owned by Burrtec Waste Industries, Inc. 7 am a FSMA Cwda urs Lama, G 927S2 rho" 951-6w34" Fac 951-625-2786 m 9lrrrW Wafts IrA*Mb as no p'q Astnr fawn CA a:11f Arrm MA EXHIBIT 3D INVOICE DAM, KAR= 25, 2D99 wm ww 3m affccm WOO M rw r avmoasar»nu Amouw vw r svmxvwmsu vw a Y4 vre a Irll rn a yPCDCresanru Doc re yr a vxm=LVDUMIY vM r lr3R7a"Mcmtf tial onnfa s ssrsaf rarac nus rwr LR, slot OiR-WAff V PA" R area f"', =0 arx vf, a gv=ca mmwglg vm a summ%97095mn •eeornfa Amouw urn rsaz:aaa rrfrfw srmr raa U5 TA[ Doc re tial onnfa s ssrsaf rarac nus rwr LR, slot OiR-WAff V PA" R area f"', =0 arx was ar Crcas oar W* to drama 7ruc% F r Yet hM MW "p" r eW tract Grant Yk1ae Varum 953fifi-34fA rho* Yar rar vow "awam7 F EXHIBIT 3D .--az,EM� Tic CENTER INV©ICE $777 Do Foran MCM IBra taaa, G 21.752 r . phone 951 -US -3456 Fax 951-615-27E4 INVDICS"7621 DAT :5119/06 _...rte Fs: *R pew 2006 AUTDGY M7R6+ But. wem Industries rDa.Nkm to" dRr & t VIN r 5KOC6Lk9&K7a M21 Foatme, CA NUN Amimusum C45H ►OZ 2M WJMO AVWCM Fax"m OCR L%Lm TAY DOC FEE _ LAM"K Fa TOTAL M.JeiA,hw t wak, DhONMOTrull DPW A 1'a rl wq wemm mor" tm x+w:e, �= Ykltlt vtpdw 951�RsI156 "Mk yeu hr VOW pul�fusl 9 —.1 DIVERSIFIED TRUCK CIENnR 3777 De Forek Ord* Mira Loma, G 91752 phmu g514g5-3456 Fax 951-685-2M Ta sunset waste Induotties wt ow" AMMML Icy U p2m ATM COL! Wel GSM ro2M mot WXR64 AUTOJOA MMOWL cc= SALES TAY OOC efE DRQ PM* NEW mot W?='A WAM Sr= on%% vm • 5vcSOLLE2m4ZM23 TOTAL Ko,,W a,,* OAy6bk W p t"MMI Trull CWW v J4 Mw! wry Ouomm mOw" em Yndee, ax+oc vL'tic YiJu, lSlitrrYLSt Tham y" Nr 1Wr bLANGSW We EXHIBIT 3D INVOICE INVOICE at 207623 04TE:S/2i/0E Wi DIVERSIFIED TRUCK CENTER 1777 Ds Forest Cirde Mira Loma, CA 41752 phone 451-655-3456 Fn:951-M'2788 Surma Waste t„dkstria roe ern, a wlr powtwA,G 9=5 ATMI CMA MIM qSM IR72 i00e wo" NJMCAR ?OEM. now . y(L5 TIIY OOC RE 6►mm r@ poft NEW look A 1ma WX4" STOCK ►0600? YM • SvMXE MA24 Mw N weu 0rYNre m D».nMrO v Vow t+ 6019AMM, wo"4 °'s ..Iaee, axraa vicea sari, nNonk Yoe %r Van bw~ EXHIBIT 3D nc... c r 11 INVOICE INVOICE * 207624 DA71:5121/05 ,rl=Fao TRUCK CEKTER 3777 Do Forllt Cltd& Mlra Coins, CA IL732 phena 2Sj.G"-M% fare 951-685.2M TM Bw7tK watdt induW10 "OOMM AvM" rte.. u VMS AM =A Kltll FM a:w zm Al r= wxw vm a av xma*LV s EXHIBIT 30 INVOICE IKYdICS t 207629 DATE: 6/10/w Mitt 1r dietks "ok M Div TtMk CfflAl santect vtid� Yrp�: 95i3rS-94SG U Ia1 M1i�7 at7 7�m 4 TbLp* you rOr Vew bvowm ! 12 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION CART SPECIFICATIONS Burrtec proposes 35 -gallon, 65 -gallon and 95 -gallon carts for residents in the Santa Clarita service area. Rehrig Pacific will manufacture carts by injection or rotational molding with a minimum of 30% recycled content. Cart Colors. The refuse, recycling and green waste carts will be differentiated by color. The colors will be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Refuse carts will be black; recycling carts blue and green waste carts green. HuskyLite® Warranty. Rehrig Pacific offers a full warranty for 10 years. When the body of the cart breaks, the body and both the wheel and lid assemblies are replaced. The conditions of this warranty include failure of the cart body, lid, lid attachments, wheels, axle, and all hardware. Below is the total number of carts on hand that were ordered and received. Cart deliveries to individual residences are scheduled to be completed by November 1, 2008. A copy of the purchase confirmation from Rehhg is provided. o 17,500 95 Gallon Black o 17,500 95 Gallon Blue o 17,500 95 Gallon Green o 800 65 Gallon Black o 800 65 Gallon Blue o 800 65 Gallon Green o 800 35 Gallon Black o 800 35 Gallon Blue o 800 35 Gallon Green o 100 65 Gallon Brown 13 EXHIBIT 3D August X 2008 Richard Nno Bmrtec Wase bilmnies 9890 Cherry Avcmle Fomama, CA 92335 AE.' LosAnge%s Comrly Franchise Areas —&arca CLmft Der Richard. This letter confirm+ that R dmg Pacific Company will supply and deliver all tesmarmal caanames oeeded for Bua tec Waste Industries within the Sante Clatita f mwhm area of Los Angeles County. Of the original order oondatmg ot; mit 17,506 Black fis!154LNIs goo Blest WO Blit 17,.500 Blue goo Bine goo Bine 17,500 Orton 900 cum goo One 100 Brown Rebrig Pacific Company has produced approximately 10,000 of the 57,400 total cob. Rrhng Pacific Company has an Amnably d D= *== in p}ax to macre that all =13 are produced and delivatd to the rt9darts Of Sema Chmita ran or before November 1, 2008. 1]e total cost of add services is app todmately 53.1 mrilon. Buatec is a long-term, valued prfineer of Rebng Padfic Company and we ate looking forward to a soxessfid crt distdbWon. Please Let me know if tbemr aro my questions or contemn. I can always be trached at (310) 529-8774. S' y, Frlfnaoer Rehrig Pacific Company 401DEAET2606L. LOEANGE1.1MCALF, WMIMS- -5145 . FAX 3Z$2KM QUALITY CONTAINERS FOR INDUSTRY SINCE 1913 14 EXHIBIT 3D GREEN WASTE ONLY I DESECHOS VERDES SOLAMENTE ACCEDTAm FIACEP"ALu F RECYCLABLES ONLY 45 un1 •rrtDTA_W EMO ACEPTASL�' commeodon DewA'Eseanpvs M CowADNVJOA lsmw'Neje GW C%WNI iPem Ervichn) Ravin1> t r '�' DFb'Twn oubpd Baan A",AM"UU �_,'�;j' Palm las LNmb* RAtaes de Pakwu BMW Remain s PAh FnNWlXaja h PYNau SNAed AAwiw W n W An fie cw~ ansfYrms crbN Claw, Rods' P+Ar Tw TdwnW Rowe k Albnbl ro KUAROous, WnOR BEC7RpK miTE pink nPtta B&* Boep do Plullco o de Feel Botallosd►Muw ND SE PBtlYTE OESECNOS MO ,PBARM T EWOWOS AdmlWae�ENtierEddeMbWl Pwe mu WNMM do Randall smsecew Rhuos Paww Ron9 Fa YaN liamfen dds l^ea wawa d Ree•AOW Xuaew. wee N.ebY as INaECLFAMIA Pn mnb.a� Akudn /melsa%PriPanP°•�"°' d"•c 1.DNgL1FANU NOT ACCEPTABLEMO ACEPTABLE . GarWgalBawra •EhddsRdquidaS • BWttallesRNtarias . DuparsReealas • TifaQO WwStq'pp$Y.tgS Verdes TRASH ONLYIEASURA SOLAMENTE RECYCLABLES ONLY 45 rw wMMS rNurwATEW eNrNxoPahFrondNASdepair" rA "anecaaxwi New, i Pad Tbnm,PAmlse,v SOLAMENTE A",AM"UU �/R�E?]CICLABLES 9K A ommm Am AM Nath ✓A 'n"[F •Caos6stwS do Al Wwo ■e�oa wrNMYs /v_r raw..Ar IIr.NbS.aNa 7 da New W n W An fie cw~ ansfYrms C3riftc C" NO MW= UND ORg gMrWASTE •PUSM Bottles! DESERIDSTOSCOS. PEUMOSOS Y I1XW NO RPM REMZCTADOS Botallosd►Muw FwMweamaweaibubdeWENhaaSMdHeaven *he kt"WI& Pwe mu WNMM do Randall smsecew Rhuos Paww Ron9 . ONst.Mdda INaECLFAMIA NOT ACCEPTABLEMO ACEPTABLE . GarWgalBawra •EhddsRdquidaS • BWttallesRNtarias . DuparsReealas • TifaQO WwStq'pp$Y.tgS Verdes TRASH ONLYIEASURA SOLAMENTE ACCEPTABLElAC"ePiABiE rw wMMS rNurwATEW eNrNxoPahFrondNASdepair" rA "anecaaxwi New, i Pad Tbnm,PAmlse,v � NIV RwsdioWNtwdDwoos N=Al ikL7gCEANU FOR MMhORW410MAWNWtEKKNSAUJSWu7lAFEMAiG AidWaoNsrncdeAmmd DESEONOS MOADUA DONtSICOS MME M LDCUSFiJDOCOY01bSSA, F'�.WABLE OR RPJTNIIE NOT ACC EPTABLEM0 ACEPTABLE gArtianPNRuL'wsla Pn {bppn DoMMM. Ned AAea.bae, May" A Finn hnu. Rocks. DhF*& a, TtBOa Gw WnWDesechos Vordes tiluy N baa M PeeeN PAPA WAS S60RRACNMI DE DESFLNOS OOY.ST=R PUMSOS PDR FAVOR 11AE Ai Diel MEAN IA Rttydd>Ia�Reckd�les �/�6�BC�2f��.�{�ORUS(O TeRmwRN+m^Aea'aAadfwWCaro.MslCaaeSunkDe2D "`T PmRumphaybPeW AmIslAfvx+k Uw: Sine @M32SS4I7 CousRi WitD*wRe511kI0sdeCoPSBDc" 'Huffdaai Wmtw'Desedws P990sw 15 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.4 — ALL FRANCHISEE MANAGERS, AUTHORIZED REPRESENTATIVE OF FRANCHISE, KEY PERSONNEL, AND SERVICES SAFETY OFFICIAL This item consists of 4 pages (including this page). Initials: Date4tials:—FMP— Dated: I O 3D C6 FRANCHISEE COUNTY 16 EXHIBIT 3D EXHIBIT 3D —FRANCHISEE DOCUMENTATION item AA - ALL FRANCHISEE MANAGERS Parent Company — Burrtec Waste Group, Inc Edward G. Burr, Owner (BWI/BWG) Cole Burr, Owner (BWI/BWG) Tracy Burr, Owner (BWIBWG) Sandra Burr, Owner (BWI/BWG) Directors Edward G. Burr, Owner (BWI) Cole Burr, Owner (BWI) Tracy Burr, Owner (BWI) Sandra Burr, Owner (BWI) Officers Edward G. Burr, Chairman (BWI) Cole Burr, President and Chief Executive Officer (BWI) Tracy A. Burr, Vice President (BWI) Tracy A. Sweeney, Vice President/Chief Operating Officer (BWI) Michael Arreguin, Vice President (BWI) Robert Coon, Chief Financial Officer (BWI) Authorized Representatives Richard Nino, Director, Municipal Services (BWI) David Japper , Regional Manager (BWI) Position of Influence Steve Paulson, Division Manager, (BWI) George Salazar, Route Supervisor, (BWI) Elena Drapeau, Customer Service Manager, (BWI) BWI: Burrtec Waste Industries, Inc. BWG: Burrtec Waste Group 17 EXHIBIT 3D Section 20J Notice Burrtec Waste Industries, Inc. shall adhere to Section 20J and will notify the County of Los Angeles upon occurrence of any convictions or a criminal activity or any pleas of "guilty," 'holo contendere," or "no contest" to a criminal activity with respect to Franchisee or any of its Franchisee Managers (except for managers in a position of influence). Franchise shall use reasonable business efforts to immediately give notice to the County upon the occurrence of any convictions or any pleas with respect to Franchisee or any of its Franchise Managers in a position of influence. AUTHORIZED REPRESENTATIVE OF FRANCHISEE Richard Nino Burrtec Waste Industries, Inc. 9890 Cherry Ave Fontana, CA 92335 (909) 429-4200 (909) 429-4290 — fax rnino@burrtec.com (e-mail) SERVICES SAFETY OFFICIAL Steve Paulson is responsible for all safety related issues at the Burrtec facility servicing the Santa Clarita Valley. He has undergone safety training and is qualified in the following safety areas: facilities, solid waste collection operations, transportation, and equipment. Steve has over eighteen years experience in the solid waste industry and has served as the safety service official for the Santa Ciarita operating division since April 2004. The safety responsibilities include, but are not limited to the following: • Injury and Illness Prevention Program • Code of Safe Work Practices • Abatement of Safety Hazards • Facility Safety inspections • Monthly Safety Meetings • Safety Bonus Incentive Program • Biennial Inspection of Terminals • Driver Route Audits Mr. Paulson can be reached at the following Address: Steve Paulson Division Manager Burrtec Waste Industries, Inc. 26000 Springbrook Ave., Suite 101 Saugus, CA 91350 Phone: (866) 270-5370 Email: steve@burrtec.com f= EXHIBIT 3D KEY PERSONNEL Tracy Sweeney — Vice President and Chief Operating Officer Michael Arreguin — Vice President Richard Nirio — Director, Municipal Services David Jappert — Regional Manager Steve Paulson — Division Manager Elena Drapeau — Customer Service Manager George Salazar — Route Supervisor BWI: Burrtec Waste Industries, Inc. BWG: Burrtec Waste Group Organization Burrtec is the main operating subsidiary of the Burrtec Waste Group. Burrtec incorporated on July 7, 1978 as a California Corporation doing business in Southern California. Burrtec Waste Group is family owned and operated. All companies are owned and operated by the Burr Family. Ed Burr is Chairman of the Board of Directors and leads the organization as it continues to grow through the acquisition of city franchises and private disposal companies as well as project development. Burrtec is currently ranked in the top 17 of America's 100 largest private or publicly held solid waste management companies. The following is a brief organization structure. Each department interacts and supports the other departments insuring the best possible service to the customer at all times. 19 Suntec Waste Group, Inc. Buntec Waste Industries, Inc. I Corporate Orrice I Executive Staff J Cob Burr lL Pread nl Tracy Burr - Vles President Tracy Sweeney - Vke PresiftntcOo RottertCoon Chief Financial Diff icer Michael Arregum IT DgporlmrlF Mfil ltiMve Support George Salazar Operations. Supervisors Drivers 20 Yardmen Hauling Operation! David Jappert Regional Manager Slave Paulson Division Manager EXHIBIT 3D Elena Drapeau or Service Manager Customer Service Representatives. EXHIBIT 30 Resumes The resumes of Burrtec's leadership team are presented below. The resources and expertise of our entire company are available to assist key management in the transition, implementation and day -today operations of the proposed services. Edward G. Burr, Chairman. After entering the industry in 1954 as an owner/operator of a single truck, Mr. Burr has developed EDCO Disposal Corporation and its sister company Burrtec Waste Industries, into one of the largest family owned and operated waste collection and recycling firms in the United States. In serving as the Chairman of the Board of all Burr family of companies, Mr. Burr oversees the integrated waste management needs of a number of Southern California communities. Cole Burr, Chief Executive Officer. Representing the second generation of Burr's involved in the company, Cole Burr began his career in solid waste industry in 1966 when he was just 11 years old. He got his start at ABCO in Gardena, where his father was a partner. Since that time, Mr. Burr has learned every aspect of the industry through hands-on experience. Before founding Burrtec with his father Edward Burr, Mr. BL1rr worked at SCA Services and at EDCO. He also was Transfer Operations Leader at American Waste Systems Action Transfer Center, where he specialized in solid waste collections and transfer, and in marketing recyclables. Tracy Burr, Vice President. Tracy Burr began her career in solid waste industry in 1978. Together with her husband Cole, she has worked at all the operations in Los Angeles and San Bernardino Counties and also in Burrtec's sister company, EDCO in San Diego and Orange Counties. Throughout the years, she has worked on the development of the waste hauling infrastructure, by implementing computerized routing programs that integrate accounts receivables with the drivers' daily route sheets. In addition, Ms. Burr oversees the Quality Control/Audit Department, the Human Resources Department and manages all corporate legal affairs. Robert R. Coon, Chief Financial Officer. Mr. Coon joined Burrtec in 2007 and is responsible for the accounting, treasury and financial reporting functions of the company. He also provides business insight and support to the operating divisions on financial performance, trends and other key business areas. Mr. Coon has a Bachelor of Science degree in Mechanical Engineering from Colorado State University and a Master of Business Administration degree from Arizona State University. 21 EXHIBIT 3D Tracy Sweeney, Chief Operating OfcerlVice President. In her duties, Ms. Sweeney is responsible for all operations of Burrtec, including hauling, transfer stations, material recovery facilities and landfills. Since joining Burrtec, she has streamlined financial statements, taking them in-house. Ms. Sweeney also provides high-level support and guidance to local management teams including annual business plan development and financial trending. Ms. Sweeney was instrumental in the development of Burrtec's Disposal Reporting System that identifies, records, and tracks valuable solid waste collection and disposal information. This Disposal Reporting System allows Burrtec to provide the cities we service with accurate and up-to-date information required to meet all AS 939 and landfill - related reporting requirements. Michael Arreguin, Vice President. Mr. Arreguin is responsible for Burrtec's municipal franchise administration. He acts as the primary government liaison between the Cities we service and Burrtec, ensuring open communication. Mr. Arreguin received his Associate of Science degree in Agricultural Business and has more than 25 years experience in sales and marketing. He entered the Solid Waste industry in 1988 when he joined Burrtec as Sales Manager. He has held increasingly responsible positions at Burrtec ever since, including Sales and Operations Manager, General Manager, Corporate Contract Renewal, and Community Relations Manager. He has been Vice President, since 1997. In his career at Burrtec, Mr. Arreguin has modernized a number of systems and spearheaded Burrtec's move to become one of the first in Califomia to offer a commingled recycling program. He has been directly involved in many aspects of the industry, including collection, recycling, maintenance, marketing, and customer service. Leticia Alvarado, Director of Human Resources. Ms. Alvarado is responsible for the overall planning and administering of policies related to all phases of human resources for approximately 1,000 employees. She oversees employee relation issues and assists management in developing policies, systems, and programs to improve the current and future work environment. Ms. Alvarado oversees the company's drug and alcohol compliance program, assists the divisions in hiring and employee retention, oversees the worker's compensation program and all health and welfare programs provided by Burrtec. Richard Nino, Director Municipal Services. Mr. Nino interfaces with County and City staff to assure continual high standards of service. He works on various aspects of municipal contracts relating to procurement, amendments, compliance and rate adjustments. Mr. Nino also monitors waste diversion and recycling for franchise areas and works in developing programs to improve the waste diversion efforts. He participates in local public education events and community meetings to promote new programs and promote recycling and waste diversion efforts. Mr. Nifio has a Bachelor's of Arts in Economics from Pomona College in Claremont. 22 EXHIBIT 3D David Jappert, Regional Manager (Hauling Operations). Mr. Jappert is responsible for the direction and oversight of all of the company's hauling division management teams comprising of nine (9) geographical locations throughout Southern California. In addition, Mr. Jappert is instrumental in developing strategic personnel development plans to help promote employees from within the organization, a mainstay philosophy of Burrtec. He also ensures that operating divisions are provided the resources to help achieve objectives in accordance with company policies and business plans. Mr. Jappert has worked in the Solid Waste Industry for 21 years. Steve Paulson, Division Manager. Mr. Paulson is responsible for the day -today operations of the Santa Clarita Yard. This encompasses fostering a work environment based on teamwork and open communication for 20+ employees. Maintain organization of the division and determine the allocation of duties for Service Routes. Ensure Customer Service department provides resolution to incoming calls while providing highest level of service. Oversee Shop Supervisors to ensure timely resolution to fleet vehicles to minimize down time and maintaining the lawful condition of company vehicles. Monitor and control administrative costs and oversee all functional areas to exceed goals. Conduct quarterly employee reviews and ensure adherence to procedures and franchise agreements are maintained. Mr. Paulson is also the Services Safety Official. Customer Service Manager will provide direction, guidance and supervision to the Customer Service Representatives while ensuring exceptional customer service levels. Initiates monthly and quarterly billing and monitors credits and debits on all accounts. The Customer Service Manager assists in implementing various programs and facilitating efforts of other employees, provides assistance to a variety of municipalities, ensures staff is properly training, and makes recommendations to improve administrative and operational efficiencies. Route Supervisor coordinate and directs the activities of drivers; ensure efficient route management and excellent customer service; handles and resolve a variety of issues including customer complaints; performs accident investigations and monitors driver safety compliance; and works on special assignments as needed. 23 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.5 — ROUTE MAPS AND SCHEDULES This item consists of pages (including this page). Initials: Dated:4/Wtials:4:Mp—_Dated :A FRANCHISEE COUNTY 24 N v, Ventura Co UI1iy Santa Clarita Valley Franchise Trash Collection Schedule ®BUHRTEC M6)fnwV V:.PIES. MC F 2 3 r(Not Clservices) 4 Colfeclion Schedule Amb Number I f 1 17 1 5 Pick-up n-0wy Tue Thu Fn 3 n A C C m a -v w n z v cn n m m v c m m m X X W w v ) T z 0 X: Fn m m v O n C 9 m z -4 D 55 z m X 2 w v EXHIBIT 3D Taaw maps and assGLiaa10 tlab an aao. County of Los Angeles gvNOatlwyreavlaof th,s"aaadany �nmout .mmty dama�n is o mos. pmmcaw. of Los °p�m`��°�" PUBUC WORKS Street Sweeping Routes Monday - Area #1: 30.23 C.M. RD: 556 �u rnau 4' Orr F �1 a1 Q �y 1 3 '�r {p uuu77Y ♦ ILL � w in riw�i x R �a V..- R�wyai t a'ISI7¢¢y� s � �. 3 y. vffttyy�. LEGEND $ 0 County of Los Angeles • City of Santa Clarita Sweeper Route f�'e,:t;,; `' *'r .• s Scale: 1"=1,50; 26 Po~s fi EXHIBIT 3D wl0qu[ wmmly of SOY qM. County of Los Angeles povl0sb is prohlblbA. Copyllpbt O:D05, PUBLIC WORKS Street Sweeping Routes COuntym Lo. Mp&m. Monday - Area #1: 9.5 C.M. RD: 556 EXHIBIT 3D Tnm maps and aemciztad dale am pmNdad wIMPA wan-dnty d any klnd. i . County of Los Angeles m 16 Of thm In OM260n Any s pmNOitad. COpydOhl 92065. County of LOS M96m. PUBLIC WORKS, Street Sweeping Monday - Area #2: 33.82 Routes C.M. RD: 556 3�•-. b a IPA OAK•€ VALLEivi�d. cySF PG�vwr'�s _VICTORIA `, so A WON YG Qp C� % M1 OR PL Q' h 9n ~j�L�y S F4 j� (D� Oa 4V � bTw^• __rys .k a � Rj*R gq< w d>RD z 8 VwY 4 rAelln'erwr Z '°t "� � i� � � � • � CKs LP f � gTPy �� cc11 < 27eOa .LCE n VIOLIN CANYON e 219 FONTASTC LN w n ""t �y5n Z A'' iFAOV ` Sy CANYON U p4 G 9 JJJyy6 4 YS Y j}}{,pp t `OY'y�aA 0 i CMURLN $i ^T W 0 {� a+ PARKER w8sm vmW 0 Lm fl w. E vi NY V(Ey APPLEWD06 R9� W �9LOAN„ go "'.tdd`KKK9 a+a•.-��j RL D ✓p � 5 4 4 ActVN,R �� .D R ...:1"•<'^�_syT .la LEGENDS 1RIY0 U1 �" County of Los Angeles"�'.�' '�1,*r•V e �" e a City of Santa Clarita Sweeper Route GREENN Scale: 1" = 1, 250' 28 EXHIBIT 3D FIONOIO WINOIrtweRi111Y m enY xu. County of Los Angeles nY "beleo Welna motion PUBLIC WORKS Street Sweeping Routes OmMo`L� AnocW. Monday - Area #2: 12.93 C.M. RD: 556 EXHIBIT 3D These maps and associated data are ('� Count of Los Angeles Y9 Jdnd. prpNeO nyre`"""n""anY�� A"Yresaled Nis of is Capyrbht 02005. mohipltsd. WBLIC WORKS Street Sweeping Routes Cow4y0f Los Angeles. Tuesday -Area #2:26.51 C.M. RD: 556 t %f QS d ti .... aw4 4Ws ,Tt' _ °pjffiAYtaes r �� S W. sji A.y,.§ 3 �` �W,� 4 � 3'n_ Q (y� b 'S'✓ t "4" A ! '�� 4 t 9 �Y 4 i :� P ` G� � e J' ��}yC � �jS M txFa.:.,a�NeG.�d .rt✓" 'L hC P`dGL:. . .. - �''T�'ea:?'t•"k�=. y i .c� y^"� RP B s t rw`°" sad M � J/ � iu ✓�r 4 _ r V�ssi.:.J LEGEND ; County of Los Angeles a?h,. City of Santa Clarity Sweeper Route Scale: 1"=1.750= 31 EXHIBIT 3D County of Los Angeles CmHtlIs n'"ut e&d'mnmnty :xmY Mina) My Awed. of this ih a', pn Is prcNDgea. Copytlphl®2005, PUBLIC WORKS Street Sweeping Routes County of '. Tuesday - Area #2: 2.46 C.M. RD: 556 EXHIBIT 3D Thoma naps and nwcdamd dein are County of Los Angeles "ded y resculaierrenlyafenynlnd. Mi' IlAwd. CI pri al(pgTBBp , County of La Anples. Street Sweeping Routes 'a FroMW4d hldL a QWW. PUBLIC WORKS Wednesday -Area #1:18.36 C.M. RD: 556 s' m � Ask,m C3 p0 SEpN 7 G 1 PNCIfICR GT pe' HQLLY p1. Cr N w � w C PL Of > f CYPRESS 9T 41 ' Y �( ¢ ST p' piyE57GNE �4P P P ATE 10- = m ��i ���¢ Me PL c per„ D2 FtD 0 s2 N E 2 RO U Q4 ru S iR 2 REDWppp 'U YRA rT ON PL 5 L'I U yggg � D cr F�j CQ P a Y CT e 'P n BOVR q s Tq VP U ❑ Z R mw as S R F z ra � � cr ti g u a 71 ❑ 0 E C4 CBInRC aS R DR a� LN 4 v LL GA. g HEIGWS CIR O � HILL 3 DR R M s�'r" Nm Fd 3rP ; Ttt ! R 'r�N�I• Y.wY �� '(+ ,a R i. (l OR F`Jt?H'M Ra x� ��'p�..*0 �p � Y'� �• � �� ey ./. M � ��dY/ �^ a � �{ ¢-^+4`2'n h� LL4 } y u ' �X.x�" .E m. A �x '✓� � �F�2 �i3C�Y� �JZ�f.. ' s � ^` dr Ge r x ¢ LEGEND i Rh Coun of Los Angeles tYr s� City of SantaClarita 'P6159 . � Sweeper Route 1 t "4 YL. f afQ'W tY4 '� 1Y i[ I'I k~$ `rld'xi Ub Y3Y f. ' le 1 1, 00 Sca00, EXHIBIT 3D 'mese maps end amoOmd d= ere Count of Los Angeles Provided wyruMe of MisntY " onfi . My resaleO pyh ed a 0305. Is PmhlWled. COPM6te ®1D0.5, PU9LIC 4VORRS Street Sweeping Routes County of L.os Mpeies. Wednesday - Area #15.09 C.M. RD: 556 4�0 Ro U W K 0 V.(YFl- H�ILTOP CT m PJry^oo g OAKSIDEo C T � <. C� STARyyp 0 CT SY(�S R N WY COPPER J AY�. w LEGEND .• County of Los Angeles -;"�* '' .�^" r,: City of Santa Clarita ® Sweeper Route Scale:1"=1.0 00' �F �.; 34 L EXHIBIT 3D County of Los Angeles ppNODC WIOr W ofMISO o bw' (V�08 plib�61b(O1 'N 1 "pMWbi%d. CopyAOM m 2005, rusuc woAKs Street Sweeping Routes Ca�of`mAnge1w Wednesday - Area #1:10.00 C.M. RD: 556 EXHIBIT 3D Thaw ON and assodamtl pato an County of Los Angeles ProvitlativyreOmlftut a manb ifannabom MY "sale of CJs Im"'0 " County of Lw Mpelas. Street Sweeping Routes sproNbCou Ca of Lm m2ies, PUBLIC WORKS Wednesday - Area #1: 3.94 C.M. RD: 556 0 CO RIVERVIEW RD < O 2 'po s Z QUAIL FIiVaR N . TR 7! LADY � CHEROKEE LINDA CANYON W N GPN�ON �O d eucx o CT �a CT C. ROCK MNT ` < `� e <y = >� °r m CPK Ud, r RED+�ppD BOv� g X�'OR Off' µ m ¢ StiO LOWRIDGE pL n� CW YF % ct co ���Y 3 g 4z.C. Ott �V f 4P B N O QCT pl �Pp'�� CYPRESS LEGEND A4y eQ=��' `v Q �, VRpg �� ST County of Los Angeles City of Santa Clarita Paw !,� Q NU 4 r ® Sweeper Route P RW .� N Scale: 1" =1, 000' N 3B EXHIBIT 3D Thms, maps and assodOW Eats me provided Wihcu mnvnty of any kind County of Los Angeles ��MI;„n;Of counryp LpgAnae "calm. PUBLIC WORKS Street Sweeping Routes Wednesday • Area #2:3.39 C.M. RD: 556 S- 0 T cm *Po� m G� TyF �`O �2 3 O � O a O 4 Q ,n 51 OAK VALLEY G RD VICTORIA < a RD C9�T PINE IS LEGEND )woo a ��sT AVION $ C P 92�, IPF County of Los Angeles CIR my City of Santa Clarite - ® Sweeper Route 4p Scale: 1" = 1, 000' 37 e� EXHIBIT 3D rw� County of Los Angeles w°°"�""^° Ieof edsinfo Uon My reset N Ws bfmms00. is preNEibtl. c°pynent®2005, PUBLIC WORKS Street Sweeping Routes CmHof`mAngew Wednesday -Area #2: 3.29 C. M. RD: 556 EXHIBIT 3D County of Los Angeles °°"°°°°° Of nbI! mYkn.n �My .1. �jhjS°ay"n' I l,r,nt 02005. prehidl.0. �'°"�`�eaw AM PUBLIC WORKS Street Sweeping Routes Wednesday -Area #2:0.76 C.M. RD.• 556 NA Y. y VALLEY LEGEND 0 County of Los Angeles City of Santa Clarita s ®Sweeper Route ' Scale: 1" = 1,250' 39 EXHIBIT 3D proNdetl without waneny of any kind. County of Los Angeles My res a la of MIs MMmaOon Is proMCltetl. CoNh[O2005, IPUBLIC WORKS Street Sweeping Routes `°°n"°"oaM°aa. Wednesday - Area #2:10.09 C.M. RD: 556 EXHIBIT 3D County of Los Angeles po em w�mou[v*of any unv. a[yreoa.0 y eht0Mo. u v�omwma. copyrpm o mos. rusuc woRKs Street Sweeping Routes county Of LM Mom". Wednesday - Area #2: 0.88 C.M. RD: 556 EXHIBIT 3D County of Los Angeles p°4laetlwmou wamnryo any ki q. Pyn InlormaY S Is pmhibhetl. tY d L hl m 2lW PL,� W5 Street Sweeping Routes CounryMLoaMpales. Thursday -Area #1: 20.62 C.M. RD: 556 EXHIBIT 3D County of Los Angeles My roa.k CoprIMmmano, 4 prphlbifed CopN�Bht®2006. PUBLIC WORKS Street Sweeping Routes coor"Oof a"w'". Thursday -Area #1: 13.5 C.M. RD: 556 EXHIBIT 3D IPam, maps and amou,aq oafe are County of Los Angeles prewaed wNwulwarrenty I ormhany n Any resale d! th4 iht 02 05, Is ProNEked. COPY�Oht ®20D5, PUBLIC WORKS Street Sweeping Routes County of Los Anpalas. Thursday -Area #2: 24.73 C.M. RD: 556 g , � •.wo . � pp - Pok., aetVL MµE111 ,w+n a IwW a a #>PxW1 ' is v A M1 ` wwwn • ' g J D.15GDE 1 IUs Ot hi 1 JL• � c ysF .pie n i pp r "kin.3 s'• 4 B �, vaeoEm y g 3 8 b a ^amVile 1 'QBR4t5Pe' IN 4 3 � W i �Y t.�P 3'T 6Y {{ ff UQ 3 two I s O l HASLET i W wanin¢r ' we L �8 dt E � snwenmeon G � 4 at° wuwYs wn dy2' wamaraaw � 00 b� e �uwsww � mac�m �Pew+� LEGEND we 8 °awe Y County of Los Angeles ;...-.' City of Santa Cladta Sweeper Route Scale: 1"= 1,500' 44 a EXHIBIT 3D mese maps and asaotlaawd eaa are pOVbeO County of Los Angeles Wit welvananty ofany kind. Are®le N this araman is copynem®mo5.s, PUBLIC WORKS Street Sweeping Routes pMreenea. C=rffyaLosAngeles, Thursday- Area #2: 4.95 C.M. RD: 556 r O O = D O �c z � W O OUR n SYMELD RD �O CD EY 3oauo R q� R�PER KAWKSET ST � O� ncop O ) M<DLOY ST Co '2 c�� QED Av R 0 g AWIK Z ST z RD 30300 RD �100 O�Z y �s 0 t9 29MO LEGEND Q County of Los Angeles _ City of Santa Clarita Sweeper Route scale: 1-= 1, 000' .. 45 '�� EXHIBIT 3D These naps and aaaammp data are provlhetl r cd any mrd. ""t n Any Mai Infpfmnty Any t County of Los Angeles ppghlcmm, ie prohlNlet. Cppyrlpht®'MW County MLos Anpelea. 4PUSUrWORKS Street Sweeping Routes Thursday- Area #2: 4.95 C.M. RD: 556 �yo oZ $ 44k ?IN tie 1� m O Pap�''PNTAS gMpR n ? AV pL L f ra Q ppD ui G yc CL y� �OSOW 0NF3 ) 9V Z O SAN 900 l0 TMM�WNM1'fl 3 rsaRTlNtz '� ARC/ F �r z 'm TREJY DN 30500 ST SI ON F r RO rmvrws ELVIRA n MUASTDpC GR Q o 3T si m LL DR Hurd y C) j DRIVER R RD L}p' 4V Yl 30000. cyei AY svD i 5 4 +c i a �oQ �bMA; JEROE `r rnrLOR ST WY '*NAN Wy � yT 0 2 ¢ ADAMS Z INYES R WYVe °e BT OADKS LEGEND �o UNCOLN a County of Los Angeles City of Santa Clarity cr �T Sweeper Route Scale: IF= 1, 000' 46 `V EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.6 — FACILITIES AND SOLID WASTE FACILITIES This item consists of 15 pages (including this page). Initials: Dated/_Q�itials::�tp—_Dated: F CHISEE COUNTY 47 EXHIBIT 3D FACILITIES AND SOLID WASTE FACILITIES Introduction Burrtec Waste will utilize fully permitted disposal and recycling processing facilities for the Santa Clarita Valley contract. Chiquita Canyon Landfill will be the primary disposal site while Sunshine Canyon Landfill will be the -alternate disposal site for solid waste. Sunshine Canyon will be used as an alternate site in the event of early landfill closures or prolonged delays due to inclement weather. Green waste and horse manure will be processed by Agromin/California Wood and Recycling Inc. and the curbside recyclables will be processed by Sun Valley Paper Stock. E -Recycling will process the electronic and certain electronic devices collected by Burrtec. Bulky item metals and white goods collected at curbside will be delivered to Sims Metal/Valley Iron & Metals. Other non- metal bulky items will be delivered to Chiquita landfill. Burrec currently utilizes these facilities for a variety of materials disposed and processed. Chiquita Canyon Landfill The. Chiquita Canyon Landfill is conveniently located in unincorporated Los Angeles County, next to the community of Val Verde. The landfill is just north of Highway 126 and west of Interstate 5 and is one of the larger solid waste landfills in the region. The landfill is open to the public as follows: Monday, 4:30 a.m. to 5:00 p.m.; Tuesday through Friday, 3:00 am to 5:00 pm, and Saturday 4:30 am to 5:00 pm. The landfill has a daily permitted capacity of 6,000 tons. Currently, 257 acres are permitted for the actual disposal of waste. The remainder of the site is for sedimentation ponds, buffer area and future expansions. The site is owned and operated by Republic Services of California I, LLC. Burrtec maintains no financial interest in Republic or the facility. Since the facility was acquired by Republic Services in 1999, it has been upgraded with a new landfill gas management system, upgraded the leachate management system, improved internal roadways and implemented new operating procedures. Acceptable Waste Solid wastes from homes and commercial establishments are accepted at the landfill. Some examples of the waste disposed at the Chiquita Canyon facility include discarded food, broken furniture, and paper products such as napkins and tissues. Additionally, industrial wastes, including treated auto -shredding wastes, are also disposed of at the Chiquita Canyon facility. Non -acceptable Waste No liquid, radioactive or hazardous wastes are accepted at the landfill. Additionally, the landfill does not accept untreated medical waste, car batteries and tires. Contact Information: Chiquita Canyon Landfill 29201 Henry Mayo Dr., Valencia, CA 91355 En EXHIBIT 3D Phone: (661)257-3655 Mike Dean -General Manager Sunshine Canyon Landfill Sunshine Canyon Landfill will be used as a secondary solid waste disposal site based on the routing efficiencies dictated by the service areas. This landfill is owned and operated by Browning-Ferris Industries (BFI) of California, whose parent company is Allied Waste, Inc.. Burrtec does not maintain any financial interest in this facility. Sunshine Canyon is located near the interchange of the 210 Freeway and Interstate 5. The facility will be primarily used during the collection days in of the adjacent Santa Clarita Valley service areas. Sunshine Canyon is open Monday through Friday from 6:00am to 6:00pm, and Saturday from 8:00 a.m. to 1:00 p.m. and accepts municipal solid waste, green waste, wood waste, bulky items, used tires (from residents), construction waste and demolitions waste. This facility is permitted to receive up to 12,000 tons of solid waste per day and does not accept asbestos containing materials, liquid or hazardous materials. Contact Information: Sunshine Canyon Landfill 14747 San Fernando Road, Sylmar,Ca. 91354 (818)833-6500 (800) 926-0607 — 24 Hour Hotline General Manager- Steve Cassulo Sun Valley Paper Stock Sun Valley Paper Stock will be used to process the residential curbside recyclable materials. Sun Valley Paper Stock is an independently owned broker, packer, and exporter of recovered fiber in the San Fernando Valley handling tons of recovered fiber both domestically and overseas. Sun Valley Paper Stock is open Monday through Friday from 5:30 am to 10:30 pm and Saturdays from 6:00 am to 2:00 pm. It is located in Sun Valley where it also operates a buyback and recycling center for the general public. Burrtec maintains no financial interest in this facility as it is independently owned and operated by the Young family with Steve Young as the majority stakeholder. The Company maintains a broad base of supply and sales outlets allows it to capitalize and respond quickly to global supply shortages. In addition, this global market leverage insures consistent flow of local materials at preferred market pricing levels. The scope of services includes routine detailed waste characterizations to monitor recycling and diversion efforts within participating communities. 49 EXHIBIT 3D The waste characterizations will also be used to identify quantities of recyclable commodities and corresponding residue. These allocation statistics will be applied to Santa Clarita Valley loads for purposes of recording recyclable material tonnages by type and corresponding residues. An initial waste characterization will be conducted within the first month of beginning collection services to establish a baseline. A second waste characterization will be conducted after the first series of contamination audits planned for the January through March timeframe. These waste characterizations will measure effective community participation in the curbside recycling program as well as to reinforce and focus public education on the curbside recyclables program. Contact Information: Sun Valley Paper Stock 8701 San Fernando Rd., Sun Valley, CA 91352 Contact: Mike Hall Phone: (818)767-8984 Capacity: 12,000 tons Owner: Steve Young Sun Valley Paper Stock accepts and rejects the following materials listed below: Accepted materials — a. Paper— Newspaper, Magazines, Computer paper, White and color paper, Envelopes, Catalogs, Telephone books, paper bags b. Cardboard boxes and chipboard — Cereal and cracker boxes, Corrugated cardboard c. Aluminum, tin, metal, an bi-metal cans — Aluminum pie plates, Aluminum foil d. Glass bottles and jars — Glass bottles (clear, green, and amber), Glass jars, Sodafjuice/water bottles (glass) e. Empty plastic bottles and containers numbered #1-7, Sodafjuice/water bottles (plastic), Plastic grocery bags Rejected materials: Carpet, Ceramics, Clothes, Clothes hangers, Diapers, Dishes, Drywall, Foam packaging, Glass. Pyrex, Glass- window, auto, and tinted, Green waste and dirt, Hazardous waste, Light bulbs, Mirrors, Paint cans, Paper towels, napkins, and facial tissue, Styrofoam, Tires, Toys, Trash, Universal waste, Unmarked plastics, Window glass, No recyclables containing food waste 6141 EXHIBIT 3D E -Recycling Of California E -Recycling of California will be used as the processor of E -waste and certain electronic devices (CEDs) collected from Santa Clarita Valley residents. E -Recycling of California (ERC) is a division of Paramount Resource Recycling Inc., a leader in the recycling industry since 1954. Burrtec maintains no financial interest in ERC or Paramount Resource Recycling Inc. The E -waste and CED's include television sets, computers, monitors and other electronic devices. The E -waste collected on route will be transported to a central collection point at Burrtec's Santa Clarita division. The materials will be placed in exclusive E -waste collection containers provided by E - Recycling. The E -waste recycling racks are portable and easily moved within the facility by using a standard fork lift. The racks eliminate the need for complicated shrink wrapping and palletizing measuring 4'x5'x5'. E -Recycling collects the filled containers as requested and transports the E -waste to their processing plant. E -Recycling operates Monday through Friday from 8:00 am to 3:00 pm and Saturdays from 8:00 am to 2:00 pm. The following materials are processed by E -Recycling at their Paramount facility: PC/Laptop Computers Main Frames Storage Discs Printed Circuit Boards DAT/BetaNHS Tapes Telecommunications Equipment Mini -Systems Cellular and Desk Phones Power Supply Units Consumer Electronics Scanners Printers Computer Cards and Components Telecommunications Equipment Computer Servers Chips and Components Monitors & Terminals Televisions Fax Machines & Copiers Connectors/Cables CPU's CRT Peripherals All electronic by-products and components produced by E-Recycling's de - manufacturing process are segregated and prepared for recycling. The cathode ray tubes (CRTs), plastics, glass, and all other recyclable materials are recycled domestically. E -Recycling guarantees the safe dismantiment of all electronic E -waste in Califomia and that no E -waste units are shipped overseas or out of state. E -Recycling generally achieves a diversion rate of over 90%. Non -acceptable Items — E -Recycling does not accept the following items: Municipal solid waste Hazardous Materials Liquids Green waste Furniture Organic waste Dirt/Rock Concrete 51 EXHIBIT 3D Paint Drywall Clothes Refrigerators Dryers/Washers Medical waste Contact Information E -Recycling 7230 Petterson Lane. Paramount, CA 90723-2022 (800)795-0993 Maureen Craine Agromin/California Wood and Recycling, Inc Agromin/California Wood and Recycling, Inc. will be used to process the green waste and horse manure collected from Santa Clarita Valley residents. Agromin/California Wood and Recycling, Inc is a privately owned company with Bill Camarillo as the principal owner. Burrtec maintains no financial interest in Agromin/California Wood and Recycling, Inc. The facility is located in Newhall and is currently used by Burrtec for green waste processing from commercial green waste generators. The facility is open Monday through Friday 7:00 am to 5:00 pm and Saturdays after a holiday from 7:00 am to 5:00 pm. The green waste and horse manure is cleaned, sorted, and put through grinders and passed over screens to consolidate material sizes. The ground material is placed in long rows that measure 8 to 10 feet wide and is continually turned and injected with air and water so that microorganisms can break down the waste and turn it into compost. The temperature of these rows is kept at an optimum 160 degrees. The material is screened one more time and tested so to ensure it is free of pathogens and to measure levels of minerals to ensure the correct balance of nitrogen and carbon. The material is then combined with natural urban wood waste and other virgin materials. The entire process, from start to finish, takes between 60 to 90 days depending on weather conditions. Agromin manufactures a variety of bulk and bagged compost material and soil amendments from a mixture of recycled yard trimmings and virgin materials helping to save valuable space in landfills, reduce greenhouse gases, and to complete the recycling loop. Acceptable Materials Tree trimmings Cut flowers Leaves Sawdust Horse Manure Grass clippings Shrubs House plants Weeds Small branches Twigs Wood chips Prunings 52 EXHIBIT 313 Non -acceptable materials Municipal solid waste Liquid waste Concrete Computers Construction Materials Platics Contact Information 26835 W. Pico Cyn. Rd (805)650-1616 Bill Camarillo Hazardous materials E -waste Paint Televisions Rocks Drywall Medical waste Furniture Pet Waste Clothes Glass Mirrors Newhall, CA 91381 Sims Metal/Valley Iron & Metals Burrtec Waste Industries, Inc. will deliver bulky item metals and white goods to Sims MetalNalley Iron & Metals located in Sun Valley. Sims Metal is a publically traded company under the symbol SGM. Burrtec maintains no ownership or financial interest in Sims Metal. Sims Metal is open Monday through Friday from 7:00 am to 4:00 pm, and Saturdays from 7:00 am to 2:00 pm. Ferrous metals are processed using shredders, shears and balers and are then sorted into internationally recognized grades. The final goods are shipped to steel mills in the United States by rail and also to customers overseas by ocean going vessels. The Non Ferrous metals are processed and sorted into internationally recognized grades with the use of wire reclamation capabilities, balers and shears. The final goods are shipped to customers in the United States and abroad for further processing.. Acceptable materials Steel, iron, copper, aluminum, tin, brass, ferrous and non-ferrous metal, white goods including stoves, water heaters, air conditioners, washing machines, dryers, dishwashers, all metals and white goods/appliances. Non -acceptable materials Trash, batteries, propane tanks, cylinders, paint, chemicals, explosives, green waste, and hazardous waste. 53 EXHIBIT 3D Contact Information 9754 San Fernando Rd., Sun Valley,CA 91352 (818)787-5022 Manager: Steve Rios 54 EXHIBIT 3D j(INVOICE_ / STATEMENT df tAY htC f". �F•`�D .J :�'i.. .Lv i�^i:_c JUL 28 m4" ,. .. N4 _•tt'. tM JUL 21 M COW WM -, l7M7W t s 55 J, La i'l6ii J cag mAkU DUE. Naze dahlo lore aryl nwm P& yr 4.r Pmrat Fta7k ice. amt CM17J11A CANYDN Lf*Ajn i, 170_ ?r0+rte IRa.h SFr:aL a. :. T -: TY - 71R,:�2 V. NIA Fldl'0n TRP;,. 6-':A'. '7'01le3 1RASK E(:..`,'. :F i0.�6'i liia'JeS TRASH Q,120 .:53.4.7 71$1IV$ TRh_t' T4TA - ?'hi c`. y.5T 19 lit liar iAirui'i TI;1W..5z .'.ti.. _i� :27Q. 13 7:'AilaA IJAS" m.34 nJ.?,:1A aE.T3 ?iaVZs T?ASN SPEG11. i:Lv „Y 'E :c; :.'S x.3.':'3 t'. Z. ;5. 7 i'b1: h8 tFpSN 0r'EC:4L p, 1; TK:Y .bat*: Z. 17 ?- 55.;4 7 so!m, '+0!7 "KTk - 3;62JE S.E3 3t. ?3 :76.91 ` 911•'QIA TPA5N rYTY n:BCOE . P) =A 02-1h 3u, Plem MAXIE DUE Cott SMt4td ASyrr+6: t s 55 J, s 1117 SAW ML I:MI"tttl UN!F-:. r![ o .tza I.W. •e6111-' cr 87CJJ L*M xla C'J:! 958E T 010-IX�'SCA�[ Mi i IS ?x`f�fiPhlFYI.`r°�.1<F'a.G!:FJikk-. ', .:.:.-'cs+1� �-+I �i }!v .C.Jr.- .1:4'n .i :. In I. EXHIBIT 3D wvru'amd FJC'i�?77 :9Ga rt. r.Kc }15118 YII: ux 1 !119.1' 1.t] J1.1-IGJIF. r`. [NAJIv.Wa w0c _J 11117580 17'7 IN FiMm Fn.rnnm.}, D 010-IX�'SCA�[ Mi i IS ?x`f�fiPhlFYI.`r°�.1<F'a.G!:FJikk-. ', .:.:.-'cs+1� �-+I �i }!v .C.Jr.- .1:4'n .i :. In I. wvru'amd FJC'i�?77 GR1MF1> rti AI.M. !119.1' 1.t] hi .V r`. .'MON w0c _J 11117580 17'7 IN FiMm M:J D _V'•'IF1iJUG1FNTJ Fkf vii ' -Itl27771 m J r.m MJF ;t FI M1 k1m.c"CRY ME sn.tt 1'6-1.1x107 'v .0 W -M M JJ AA MM SIA.M.. - 10130}C LU IN ENT 171.41 IJ w4CC.Y:IENTAI'Fr VJ 'N IMIR, um LD 5'I.1J 2: jai )1 F.IFI K-..M:NY-CC 522.6. �5. 11=72 17J 111 u31217 2'Jul A. m1w 64C ,;. 112U:0C 095 1W 1113M 2'Jul 0 PuveKjvmlmI'i,7r, 9700 111-M41,11' 1111n t7Nl Y Jul it FJFI r+>::AA.kv-LA. MAS YP•i1MfiE% 14 LD =0 J'Jul M U. -A' GC.u[' Y6.1721Cfi[ 13.0 TW 1dt4.07 TJul 0 MJYxU44QJ'AL RF $7 C+' vfi•19348C' Ir IA IT &I 71 Jul N FIJLL I.CMMY MP 5.11 JT Yfi.I➢10e1 111 to SAA 47 V. JW Ah k3•A mm �%-Imam L 059 IN t3t.}An If Jul D 011'CG14I4RfA. tth S1� +L 19:886' I LJ 17A 72 Jul C nur A. LCAFRYFEF 586 A:. r'6.19x361J 1.31 !n 0616 SA AA UV Ulf Ir• Y9.11"". t221 7W s4':.111 Jul rLC S` m "-14711n: i Ji Ll 8116 -JW I' F11f1 .JSCroJLY FEE !8!0.1 n-i"Ilf= COD i1 ist[4 JLI AA W.:'g' NC.C4 c'9-11>OC t. '_3! 7N g'alu' 6241 -mvWMILICAL ME 17.EC q-l}+xx' 'Q' -moi TI.SC =At 11 HWL-; S4LRV-M- 5.96' LA-I;mw2 '6P L, S11.Q:' .:JW Ai I vw 69: TJ. Yi•llk v 0.T 71J D852C• MJW E e VFNNAI k -Al. iFF 57.60 MW TAC Lt} stm TT JLI II itaLq wItD.Y rep. 171'6 Y,S.:432453 I.Cf. IH 18!.18 (C k1 is 1+S.Y SAW r•Nax0 0.- �V MIX Account 3Saitts �+r••••"'•+•.•w..-r•A....ww..w K.[O.r:•a..rwn...uw.m._e.I[rwm.Lur. .._ r:nwJ 1JNY.1 � ..RR /1 1.11 A' -F 't't i:e•t.T AkruF.aVR ID. lwaena. 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LEAD —� im 6— 41240 SLIP 6 41X0 .03 2W.16 -Z?JLON Mil L91E1 AL LDIO yam•' LEN 6 42170 SLIP 6 42170 32470 •M 327•M TFa676 002V V I 33550 T m 60.OW0 51 .M 7454 IF06iB 119139 N 9620 N 6177 321.06 IGT A07 warm M6T AN -140 11V9LE IBI SETTLE WT 6177 7I31321 781321 •—........w^� m`M /OB CEI M111L AMD FEIN 6 42790 SLIP 6 427% —. .00 864 IFVM oow v T 32336 T 32336 X0.0000 ST .Q7 wow 114319 N low N 61191 ML64 WON000 NET A63 •1569 Kra im MR 7"S40 MA to Ca68A01A1 LOAD — NEA' 6 42010 S11P 6 42016 .00 0.12 110931 0621 v T 323!6 T 37530 ILOOCID si .OD if mt 119139 N %60 N 67$ 379.12 NFD4310D I16T W -1452 XE71IE OUT 6228 167117X1 M9'32 106 MWEIN. LEAD —� im 6— 41240 SLIP 6 41X0 .03 2W.16 WP341 DOW V T 51470 T 32470 110.000 ST •00 4FP341 119119 N 6710 N 7454 29LI6 *734100 IGT A07 -L316 11V9LE IBI 74% 781321 •—........w^� 291.11 All LYlR1CA LM AIN 0 43L15 SO? 6 43190 00 373.00 NFT054 08217 v 7 32150 1 3215o 6D.OD00 ST .W NM LT9139 N 11030 N 4375 I'm Do SE-p•5w I16T all -4655 3LTTIF NIT 9375 8111BG 375'00 G 57 EXHIBIT 3D titme of Califaa¢ Celrfoenui Imteya[ed N'tla[c cWMB IVi Mrnwd io"I Mmac ra Bond COVERED ELECTRONIC WASTE TRANSFER RECEIPT lYrcpt fwa,de Nm,4+um.mS I�,+ammnw, eo 1+oorwa ewfa dC_�.srd lcnx Xumr'CLM:ri 1�es.n .i{[ymed Gdlamlrwr evrd Apprmvtd ReCit.len 7lu rairy[ned r�lr,.mnem sm/.r.:car{'s>s%,rcf Gmersi ibaFxr. R'srrt Recy:ling Ppymero C7 "CH'Aa Fms 748, ?ran xgay u ,rrl o type . DmtriDf 7neder Nave IXApprmrd cc4nam : CLM Ip! 1.%maae Of Apprmad Raeyc*r,, 4YNID 0 6'SD6 W'eet Falk, NMF. II.0 103_ t-a..r�nt(ycalifornia 300316 ❑ CLtck BtR ITOserstiai k A Deal Ewgs Da0isgShi[ Tnante:w (3,er[e.-Footue.Tiape Sl ) Gert: an>ha AM]%- ❑ Anath cepin of all applicable porticos or ru - Iat d at see rereitd has rhe avp o d coD¢tw listed abme toe the tnomo. a. i ❑ An&* copiN of all Dedcaafloo p� rile lee mmicM (rima t4 sppre.ed mArcme lined abme fpr ehh rca..e:ioa Colleemr mon pneidt a deteriptin of asy acuvr that ogfths asp discrq uer bcnwcco the CTWs haasferred mad the CEWp tautcled u rocmrded n det e4Aeelion In. C+IUmrmie Scam Ded raemm Aad Weight 1 ted has £fpptratirsF ar u mrd efem)metmp; fldt evrom_-til[ ,:ax 5xk as_wmo- [>� °7 bare ue+ffkQ LFm ep CEpt't plsreifofrl M tie Apprsral ltecrdofw rbicl rerroerrypsJmwsts a>'r +e4aaYgrQ oet MW.rfrom CaNfarmmexma0'es Wr rda s rrgaftml oW reawdrQore rin resxipl mrc whr amd oexprwa' Ana Xm rims \ppm. cks rna d New 58` r Gert: an>ha AM]%- ❑ Anath cepin of all applicable porticos or ru - Iat d at see rereitd has rhe avp o d coD¢tw listed abme toe the tnomo. a. i ❑ An&* copiN of all Dedcaafloo p� rile lee mmicM (rima t4 sppre.ed mArcme lined abme fpr ehh rca..e:ioa Colleemr mon pneidt a deteriptin of asy acuvr that ogfths asp discrq uer bcnwcco the CTWs haasferred mad the CEWp tautcled u rocmrded n det e4Aeelion In. C+IUmrmie Scam Ded raemm Aad Weight 1 ted has £fpptratirsF ar u mrd efem)metmp; fldt evrom_-til[ ,:ax 5xk as_wmo- [>� °7 bare ue+ffkQ LFm ep CEpt't plsreifofrl M tie Apprsral ltecrdofw rbicl rerroerrypsJmwsts a>'r +e4aaYgrQ oet MW.rfrom CaNfarmmexma0'es Wr rda s rrgaftml oW reawdrQore rin resxipl mrc whr amd oexprwa' Ana Xm rims \ppm. cks rna d New 58` EXHIBIT 3D nw I p1 i WP CAUPORMA WOOD RECYCUNO, INC. f n INVOICE Mrn COLT STREET SURE 3 VENTURA. CA 93003 1:.2`-1lC.tti (Bp51650-t 816 Fax (805) 65D-9630 ro� (� 1 01.'i'3� MV.YE ®BURRM INC. us%3'a'2n97 WASH lNUU57RIE$. BIRIRTEC WAST PU=TRMSS CPC ATINACCOUNTS PAYABLE kTR1: ACCOLIN7S PAYAJUX "m Cxwv Avv-,Lm STDG C ow aamy A6TJ.T: L BLDG. C PONIANA. CA 97.333 PONTA7.IA. CA 42331 ��� NC"3G DAYS 1UN616 - 30 NO Bn.LJNU _ UMM 71= COPIES 6 RECAP A7TACY.ED W8 SNOOD k $%USR 9.4 25-00 2a4 42 Thank You CAG P+WEM R4 M THE k&ME ON CREM CARD: AMOUNT Of PA`9AENT S: cpmorT CAP,3 TYPE (PI�CrJ•) nc. x+crcvc im p.¢cpvl..uErc•u crrRn Imp TR9i.6M EXP. DATE: ___ SIGNATUFe 59 2� 92 CUSTOMER NO.: 0.aLRGI iNVOCE DUE DATE: 7'15707 APPLY TO INVOICE: 1=19C4S AW OLMT DUE. 2" p7 SYiS rd pt. er S p9m X wu n.w �nI Wrwnt �! par Mbar. mmva mr�+.enrs+ IW�6f �yt�to, c �Iia�lElillli Ticket # TKDSYT PW7LlSE rIL7i1 cep me n, Iron 6 Mate) W"0perlwdo 11 Sm yal lty, G 51352 (BIH) 767-507[ TICkat 1 TI<DSt'T Control NR.: 52 IRA 10: IJ07T Ship Data: DOWN Vehicle 1 I1 TX= PaThasel Fru: Ba1R06 KMIEC KASTE CA Trader: AidgM Mon i III Shont Material pa No adJ pdPd-ft ' I. T50SYT Tin 2i9eda 29150, r2D 0 400 ' 162052 Totals •_—____��_� eO0 0 1@0 Groes fght Date/TW 01/02/05 09:01 IE7RIC Tut I Ot este/ries 01102/09 05:05 2.2917 Materiel Summary Pd at (ID) PrinMit Eatfded price Tin io 240 000&CU toe 47.21 Tota1: 162.21. lotal peed m Oust W. 156{11 ! 10.21 i Deputy Signatmt ustprr Slgeture IAII wlH,ta an ramrtd In Fm u jm o0enlr irdloatec) (`e' Maprsanit a might that s Dully entero) THIS IS TO ISRTIFMEXI ASt T.ER FRTIIFI WE :i,.A �,... on the Wifomia B Derham of I of Two rd -um ,w eQ oat ter paywnt herrry mild. 1 y tett# to SA HCY:I ro. M(FEENW: Auer alit IMeNty and rola espy d= draft ff liabilities. Includln9 reasonable a, rAAuitlro fru ter WUoh of ry aerrn breeder 'Sam to be reaposibis for dump to which awing RM TE ABM II Mai 9DFAM DAYS been Warned of th to relew o1� of Na)u yplla. I tlh tMt I did t fly es le waur t that rewire special twill ens Cortes Cary P� sAK\PLG EXHIBIT 3D EXHIBIT 3D SAIhPLE 9766 Sm Frmwo new KMTEC "E Dw V -%Y. CA W362 creek I 0210641 r1lXET9 91® wTE Cr'IDDITT "M TWE NET T@STT 04/02/00 tin 34OW x9160 4930 Wp r� W RM 00 EXT Kra LEI NT EXT TOTAL MT 0_0 0.00 x20.0000 Of 0.w W.31 00Mt EIAWx TOfAIf__..•••••.••••••..................... ................ t201M4%: 340!0 29760 49x0 ........... roru wort 9UE um7Ee: cef.xt 61 k Exhibit 3D — Franchisee Documentation Item A.7 — SUBCONTRACTORS (Excluding those listed in Item B.M This item consists of 2 pages (including this page). Initials: Dated.* als:_ Dated: 0 ?JO OB FRANCHISEE COUNTY 62 F EXHIBIT 3D EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item A.7 - SUBCONTRACTORS Burrtec Waste Industries, Inc. will not use non -County approved subcontractors but will use County approved subcontractors as listed in Exhibit B-15 in performance of the franchise agreement. Exhibit 3D — Franchisee Documentation Item B.1—NON-COLLECTION NOTICE including Green Waste Exclusions This item consists of Jam' pages (including this page). Initials:. Dated/4 Initial s:—F�4 I?—_Dated: 10 50 C& FRANCHISEE COUNTY 0 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.1 - NON -COLLECTION NOTICE Following please find Burrtec Waste Industries, Inc.'s proposed Non -Collection Notice in compliance with Section 4C of the Exclusive Franchise Agreement. i4 EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.1 — County Approved Green Waste Exclusions The following items should not be included in the green waste container: Animal Waste Dirt Palm Fronds Concrete Stumps Yucca 66 EXHIBIT 3D Cactus Food Waste Rock Bird of Paradise Branches exceeding 4" in diameter or 4" in length G EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item BS - FORM OF SUBSCRIPTION ORDER This item consists of 7J pages (including this page). Initials: DatedfV /�'alnitials: -SMP- Dated: (� � ca FRAN IUSEIE COUNTY [:Yl EXHIBIT 3D Effective November 1. 2008 Subscription Order To Our Valued Santa Cladla Valley Customer. The County of fns Angeles Board of Slrpervisom (County) awarded Burne: Wasle Industries, Inc. (Bunter), a franchise to provide trash collection senora in the Santa Claris Valley unincorporated communities commencing on November 1, 2008 and ending October 31, 2015. Bunten takes great pride In the work we do to keep the environment dean and protected for our future. Your participation In waste reduction practices and buying products made from recycled content am inlegrai components of a sustainable society, and a Hank you for your efforls. We vAl charge all our customers the rates shown on this subscription order. Please take a moment to note the rates and services you will be offered below. The rates that are circled indicate the services for which you subscribe (un or after November 1, 2008). To request additional services or If you have any questions or concems, please do not hesitate to call Burial customer service department, Monday thru Friday 8 am to 5 pm Toll Free of 1-666-270-5370. The term of your subudption order 6 7 yearsfrom November 1, 2008 to October 31, 2015, unless it is terminated earlier as described in the enclosed Customer But of Rights or the franchise is terminated by the County. Your subscription is subject to the County's execution of the franchise agreement with Buntec and It cannot be automatically renewed or extended. STANDARDSERVICES 1billedquarteny: $62.6411quarter (520.8111munth) Standard household family services include: ✓ Once-awsek automated bash and recycling collection service, ✓ One 95 gallon refuse can (Black Cad) ✓ One 95 gallon green waste can (Green Carl) ✓ One 95 gallon commingled recyctablas cart (Slue Cart) ✓ ON andra green waste container or one extra recyclables container, or both, free of charge upon request ✓ Free holiday bee collection services ✓ Annual curbside clean-up events (including certain electronic devices) ✓ Dn-calf collection of bulky Items and certain electronic devices In unlimited quanMies (Mice per year) ✓ On-call collection of green waste in unlimited quantities (Umlt of 4 collections per year for Mur Family Customers) ✓ On-caN muectim of two bags of excess trash per year ✓ Four special community clean-up events per year ✓ Alternative to 95 gallon consumers- Upon request, 9 you have space umitalkons, you may receive either 65 or 35 gallon containers ✓ Roll-out service upon request, for qualifying elderly and disabled customers ✓ Multi Fondly Customers (3 or more units, Condominiums and Town Homes) - On. -call collection of bulky items and certain electronic devices with a 2 item per ca0ecllon Irillt (four bans per year total) ✓ Home generated sharps container program for eligible residents (three conuiners per year) ✓ Used oll recycling couection program (scheduled with up to three collections per year) DISCOUNT SERVICES Pno-Pay Discourfb Pay 11 months In advance, get the 121, month free Bulk Billing Discount: 3% discount for HOA's 2 cart discount for HOA's that employ landeeepers: Discount of $1.071mo per residence Rene We am 2 cart discount Is contingent upon 3 hems: 1) PaadPabon in the bulk billing pogrem, 2) NOgreen%slebmoh offered In the HOA, 3) Vefication of axis" green waste diversion phial Senior Discount: 546.981quarter ($15.66/month) ✓ 26% discount for residents who are heads of household, over 62 and: qualify fora vff4 rale d)s=nt based on financial need OR generale a small amoinl 01 waste and use 35 -gallon carts ADDITIONAL SERVICES Available Upon Request Additional Containers, Each: 515.ONquarter ($112Yquarter with senlor discount) Additional (more than tw*mar or more than Ager for Muhl Family Customers) oncall collection of bulky hmre and certain electronic devices; $10.00 per collection (57.50 with senior discount) Scooter Sarvics: For any customer who requests this service or for dh6cuh-to-servlce residential promisee (such as some hills or cul-de-wa where collection vehicles cannot safely drive): once a week collection $15.661quarter(511.75 with senior discount) Roll-dutibackyard service: This service means Bunted brings containers 10 the curb to be serviced by coliendon vehicle and returned to the back yard or other designated location for an additional fee of. For qualifying customers: free For all other customers: 531.321quanar($23.49 with senior discount) Designated location, if any: Manure Collection: You have the option to choose any pmnder or you may receive sarrce from us. This service Is available upon request, M on additional fee, by calling our customer service department at 1-9662765370. >. Residential Mn Rentals and Temporary Roll -Off Services: Available upon request by calling cur customer service department at 1-SM270.5370. m EXHIBIT 3D What We Will Collect We will collect r5tlentlal refuse, Peon wank and commingled reCYNIUms In cars we moyde, within we weak O! Your mcIutseng serNxs. YOU must place refuse, Ierytlable ma erials, and goner, Wass In tw approdate ams. MaMhIs paced console m rats will not be picked up unless t Me al Mme day beforesCclu m consular, and room" Tom W later than arrangements farm Man made w dessMod below, Face, B! 0 on onewr ntthe day Hnmllemon ay2lnusafter mllc"On,W put out M for �whOm"s Slate" stun 5:00 P'n We Will Not Carat Hmmk a Waste. StEe law, Prohibits disposed of yaaardose materlMs and carbon NacbM/e deve"a M Four thic lr. The"' include: most paters, pastdas, petroleum M,,s vs such as motor M and aliens, derhodc darns such as cal my tubes (as In N and computer madMrs), 1.(D and plasma SOeQIi Other items banned from disposal lMUde Mt m, [)le m6I mnnWk2, trephaMS, answering-Xhmas, radius, seeneo mdpmenC tope daYMJamrdera, phonographs, Mdeamsa to playa wmmrders, .""tort, BMW ass, fluonscent lights, and carbon rtakvrymntoiNng dedce. If these items are Identisled in your trash, Your inn WE be lagged and not collard. Certain electionk device may d separably Collected as described Mon. Far addltaol safe and legal disposal DOGS, all to WSWASMHOTUHE at tBaB)taan-tA or vlstt.._.o"w"hD Ikideil n, When We VIII Collet We will make collecoOrs onm a week between the hours of 6:00 a.m. m 6:00 p.mon to same day a tee week bndlated m bw pm rd previously sad by our Ogrt (Monday tvmph Most) earn week If Your scheduled C016NUm day falls on Or after a holiday, during a hWday week, Odleaore WIT be delayed by are day (FoaY mMNIVIl well haw: their OaRa" an Saavdey). The holidays we observe are Manurial Day. Independence NY, labor Day, TSantgvcV, DnaMas and New Years Day. SMA Mere be a pemunea Lunge In your scheduled collemm dry, we WE notify You In adwarem. It WE ness your mllamon, plena all us ed we WB ream to Ptak t up, Whoa de Me, no the s"a day If you all Demon 3:00 p.m. v m the next oa2edon day H you all after 3:00 p.m. we will resolve arhy other mmplaln s wiUvn to same one pmol. Whom We Will Pick Up. YOU must set your ons at Me cum urges you have mil -Out servlm. If We agrenl is collect an Pnrek "Yeways or pavemen4 we w01 as; you to sign a walmr of donne l ablllty ad/pr idemni0atlon. We must actor or replace, to your emerald", damaged property, and remburse you for mst of mrsmal In)ury, cad by our negiig"ca w wlllful acts a amtaloms ]n addo" m eenfadng Wur dghs oder to can agreement You may laminae cMI win allowed under law. We Can Drlm, Your tarts 0rut To The Pickup Point (11011-0ut Sarvl"). At iso a0dhmonal charge, for residential astarrans who meth they are cot abie- bdkd a are eltlmY (war Me age of 62) and have no able -tidied Person reading In 7elr household, we will provide rdFan savors (an9mmise mlkctim) of all weedy wiles on arvim: refuse, mcmable matenaa, and green waste allection, as wdl as the annual advocate dean -up event holiday bee pck-ups, and aunbomi on,c,Il pidadps. These seam are also eatable fat cry other oataner upon repos[ at Una dodge laid"your conscription order. Altnrathaa To Fully Automated Cart (Sa bar Grviw). If you have hmtam restrict" at your art storage or set-aut alk, You may request ammatvs to 95 gallon cars here of charge. For dm1aR to service arms, Skid s al -drat or his, whoa automated collection vehicles cannot Wary drhe, we Wdll pmwde manual simmer aervlm and res tet are a the same agga9da Nudty at the charge listed on your wtalp0an Order. We will also provide [45 aMm m any differ customer Upon request Weight UmitaUW of art. The weight lint for each automated an Is s 101101 95 gallon Cart - 330 lbs, CS Salon aft - 225 Its, 35 gall" art . 12D HIS 0.eplaoemerd/Romoval/Repab. AI no adidaal Barye, we will deliver, esdange, repair, or mune con within 7 days of your request omdng replacement or repair of damaged or stolen art& We WE ran I gamin man wn within 5 days of your request or within 0 hours If the gmint Consists of pace Or Written dbscen;tls, weekends n¢epted. Annual Curbalde Chan -UP Event We WE Conduct a CImnN1p baa once a Year. We WE maw mllanted amo nn of balky items, ,cess solid wase, up to 2 passenger or or pk%W truck tires, and Aman electoral: claAbs bate or C lege. We WTI notify You or the &I'm lal Oear-UP Econ[ tWo weeks m Bowen a With a desalptim of the types Of hetes that will be CNiedeq. Holiday Toe PMusp, m yore request, we will collect your Iallday ons (wM as eutsbms Ireu, enol hanutm bushes) placed at tic curb" Your regularly sdkbJed collection day between December 26w and January le, You must sap than of amamends, geteds, llphmp, tread, Ooddng and ma ts. Unlimited 00_all Bagged Oram Wast pirkrtpa: We will clad scar green waste set out at the orb In begs at d additional locos, On Yaw regularly sdadkd Pitmp day, 241our mnlmum aclran a rotlm MUM Two 0rr-Ca11 PlapAPS a Balky Stara and Certain 8e09oNO peNan: You may requem 2 pdaas of kdky Items and certln electronic da MNS each year at no charge " your mat roet ry scheduled phaU, day t You to us at hest 24 hours to advaem Mum-fam0y a5tpmas (3 Or mon: dots, t:Orhduntruiars and Town Hans) will remise 4 toto mall bulky, hasn colied"s, With a 212m Per mlledion Emit Fuamges d may mons "a"a dmarded hMWM (wdh as lain, sofas, mattress, box sponge, and rigs); "ohne (such no reFngeaanrs, range, WadMrs, dryers, wake heaters, tllsiewashers, partAeg, ad oder dmllar ems). We WE a=t Me Idlowmg Manisa[ dmias: GWOC MY toe (UfT) device (including teleasaa ad co"MmIr m"hcors); LCD deice (desktop monitors, laptop mmpu "End ttlevisas): palm Mention- maddened evtson-madden d go, Ball Nampa of Bulky learn and Certain peerank De rkwas You may aan real mckuPs a balky hens and eleOioNc daNas, as daalbed all In eat of twim a yea (a ler Per year hr mule -fame, customers) on Your mat regulartY sdeeddd Pickup day, One charges listed On yourw4wlptlm order, If you ME W at Wast 241wR In amol Additional Cuslotner ciptia , Regarding Recyclab]m: Cosmrnes may donste or sell arty a all of Mar mcydads to Posmrs other than Bernet Whsr You Must Pak. Ba tec bill residential senlm MrermmMs In adrenin. We will mail Your bill on or bdm the 1a day of your billing Period, for aampieQ m April lc fm the lalling pmol m April, Ma/ andJure. You bill a due no lant-Man Me last clay of tee BRI month, for adomple on Apol30P. Ifwa d "t tcxlle payment by Me )aC day of to semrb mond, tem nnmpe, May 31%. your tell will become delinquent and an Additional 1046 Pa amen fee YAE nd added W Me balm. We my terminus your send¢ t you do not pay Your Wada fes by to ed of to billing Vol fOr dvenple, June 300. There WE ate a darge of $25 to resort the alma after a service interrupem and a $25 fee on reem W cheb5. Cuaboma Tannlnaton Rights And Right To Set -Haul: You may terminate servlet without a,,M m and time by giving us 90 days rotlm You may also terminate sevke immedlamly m the every of couln emergence; on by ghing us 30 days MUM, R we FIE m pry lde service (srlr as missing pickup or falling to tmay repair Or repiace carts) or we bill YOU incorrectly. You aim ham the rght W Sdf-taul all a some m your waste in addlton O0. a Instead of, SUI)SO ing to our servre. We Y41 refund cry, werdvrys (Wedding awanm payments for seMce Mat You wbaequ mby arod) wbin 30 stays after we raphe Man. We will pay you Interest on pve hergs (ether M" anrence payments for e dbsaqumtly anmled serYiCAS) at 10% Dar annum from to data of Me meAearge until Vee data refunded. Where You Can Contact LIE. You may oil us regarding sad¢ or complaints Toll Free at 1-86&-270.5370ru��¢ me d 5PM weekdays, our office, ��t �I�t Ya may come m err office located at 26000 Spmgbrook Avmu% Sulte 101, Son U the 905 1ellO�. - an"Ame one rrt.-_mm. If we do cot sadsoctoa, minim any mmpahC You mak We Do Not gauimMat. If You are entitled In service, we will rot discriminate against You on account Of ram and, color, sex, gender, national aipin, ancestry, mpglen, age, physal a man, dlsabitiry, mmol status, Or political aMtidm. Right a PnvacY. we wad alsave and protect: your rights Of MAKY and trade seeets. Unless you 9" Us Pm asuct" we WE out reveal any INomdtim Identifying You or the composition or contents of Your sold waste to any person evmpt the County or E required by law. Thank YOU Fbr IUidWing SUITI TO Serino You] 69 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B3 — UNPERMITTED WASTE SCREENING PROTOCOL This item consists of 3 pages (including this page). Initials: Dated/4b4, Initials: P— Dated. lb D6 FRANCHISEE COUNTY 70 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.3 - UNPERMITTED WASTE SCREENING PROTOCOL Hazardous materials inadvertently collected along with municipal solid waste are a persistent problem facing our industry Drivers are trained to avoid accidental collection of hazardous materials; and whenever possible, front or side loading vehicles are used to allow drivers to easily spot hazardous materials. If hazardous waste is found in the container; or if recyclables are contaminated with refuse, the customer is notified in writing with a tag attached to the container Burrtec Waste Industries, Inc.'s (Burrtec) drivers and Route Supervisors conduct routine waste audits and carefully inspect containers before they are serviced The driver of the collection vehicle and/or Route Supervisor will open the cart lid and look inside for visible signs of contaminated waste prior to servicing the cart. In addition, visual inspections upon tipping the cart and physical inspections in cases where the cart is overflowing with unpermitted materials will also be conducted These inspections are conducted as required by the contract. If non -permitted waste is found, written notification is attached to the container Burrtec's written notification system has been in place for many years and it is viewed as an education process for the customer and a safety measure for the both driver and the County of Los Angeles. Additionally, during the initial recyclables and green waste contamination audits, Burrtec staff will also audit the trash carts for nonpermitted waste The first audit will be done within six months of commencing the franchise Thereafter, 20% of the customers will be re -inspected on an annual basis Burrtec has successfully implemented the following system to address this problem: Continual education and identification to the customers regarding the dangers of improperly disposing of hazardous materials and locations where this material can be taken for proper management. The continual education includes quarterly newsletter information that is included with the billings - The Non -Collection Tags will be filled out and attached to customer's container indicating what hazardous materials have been identified in the container and to call the L.A. County Household Hazardous Waste Hotline for proper disposal methods. Driver training on the identification of hazardous materials that have been combined with municipal solid waste Driver training includes awareness of commonly found household hazardous waste items that are toxic, poisonous, corrosive, flammable, or combustible Such items typically include paint, pesticides, cleaning solutions, automotive fluids, weed killers, sharps, medications, fluorescent bulbs, aerosols, batteries, etc. In the event hazardous materials do appear in the waste stream, Burrtec has established the following procedures. 71 EXHIBIT 3D • Collectors receive safety training regarding hazardous waste identification, inadvertent contact and notification procedures • Once the collector identifies a suspected hazardous waste situation, the local supervisor is contacted to isolate the area or load The material will be manifested and transported for property disposal by a licensed hazardous waste hauler contracted by Burrtec. Removal of hazardous material will be in accordance with all local, stated and federal laws and regulations. • The local Department of Environmental Health of Los Angeles County 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 individual(s) involved 72 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item BA — OFFICE This item consists of pages (including this page). Initials:Dated4A4V itials:' Q Dated: O FRANCHISEE COUNTY 73 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B,4 - OFFICE ADDRESS AND FRANCHISEE OFFICE HOURS Address. Burrtec Waste Industries, Inc. 26000 Springbrook Ave., Suite 101 Saugus, CA 91350 Phone (866) 270-5370 Hours. Monday — Friday, 8am — 5pm and Saturday following an observed holiday 74 EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item B.5 - ACKNOWLEDGEMENT of receipt of fact sheet relating to Safely Surrendered Baby Law and receipt of fact sheet relating to form of Non-employee Injury Report This item consists of 1 pages (including this page). Initials: atedInitials: -F:�A P- Dated. AZDCs FRANCHISEE COUNTY Burrtec Waste Industries, Inc. (Burrtec) acknowledges that it has read and completely understands the program(s) related to the Safely Surrendered Baby Law as articulated in the bid documents and the County of Los Angeles website www.babysafela.org. Burrtec Waste Industries, Inc. agrees to provide each employee involved with the contract a copy of the "No Shame. No Blame. No Names." County program documentation, in both English and Spanish, as provided in the downloadable version on the County of Los Angeles website. Burrtec Waste Industries, Inc. will encourage its contractors to voluntarily t the County's "Safely Surrendered Baby Law" poster in a prominent pos �o at the contractor's place of business. / Burrtec acknowledges receipt of fact sheet relating to the Non -Employee Injury Report form that is available on the County's website at: Fli EXHIBIT 3D No share. No blame. No -11 Newborns can be safely given up j 1t' at any Los Angeles County F -;hospital emergency room orNO .re station. k s A• %f Y�ry.• 6r(f 3 In LasAngeles t , 1 -877 -BABY SAFCt x. 4 0.' 1-877-222-9723. www.babysafela.or s F� x ' State.of California Los Angeles County Board of Supervisors Gray Davis, GovernorGIII olina, Supervisor, First District Health and Human Services Agency Yvonne Brathwaite Burke, Supervisor, Second District Grantihnd Johnson; Secretary ZeK.Yaroslaysky, Supervisor, Third District • 4. - Don�Khabe, Supervisor; Fourth District . Department of Social Services . > a' Rita Saenz, Director Michael D `Mtonovich,'Supervisor, Fifth District a, This initiative Is slagY by Flr>d 5 LA and INFO LINE of Los E 4 76 What Is the Safely Surrendered Baby Law? California's Safely Surrendered Baby Law allows parents to give up their baby confidentially. As long as the baby has not been abused or neglected, parents may give up their newbom without fear of arrest or prosecution. How does it work? A distressed parent who is unable or unwilling to care for a baby can legally, confidentially and safely give up a baby within three days of birth. The baby must be handed to an employee at a Los Angeles County emergency room or fire station. As long as the child shows no signs of abuse or neglect, no name or other information is required. In case the parent changes his or her mind at a later date and wants the baby back, workerswifi use bracelets to help conned them to each other One bracelet will be placed on the baby. and a matching bracelet will be given to the parent what If a parent wants the baby back? Parents who change their minds can begin the process of reclaiming their newborns within 14 days. These parents should call the Los Angeles County Department of Children and Family Services at 1-800-540 40D0. Can only a parent bring in the baby? In most cases, a parent will bring in the baby. The law allows other people to bring in the baby if they have legal custody. Does the parent have to cap before brirgkV in the baby? No. A parent can bring in a baby anytime, 24 hours a day, 7 days a week so long as the parent gives the baby to someone who works at the hospital or fire station. Does a parent have to tell anything to the people taking the baby? No. However, hospital personnel will ask the parent to fill out a questionnaire designed to gather important'medical history information, which is very useful in caring for the child. Although encouraged, filling out the questionnaire is not required. What happens to the baby? The baby will be examined and given medical treatment if needed. Then the baby will be placed in a pre -adoptive home. EXHIBIT 3D What happens to the parent? Once the parent(s) has safely turned overthe baby, they are free to go. Why is California doing this? The purpose of the Safely Surrendered Baby Law is to prated babies from being abandoned by their parents and potentially being hurt or killed. you may have heard tragic stories of babies left in d umpsters or public bathrooms. The parents who committed these acts may have been under severe emotional distress. The mothers may have hidden their pregnancies, fearful of what would happen If their families found out Because they were afraid and had nowhere to tum for help, they abandoned their infants. Abandoning a baby puts the child in extreme danger. it is also illegal. Too often, it results in the babys death. Because of the Safely Surrendered Baby Law, this tragedy doesn't ever have to happen in California again. A baby's story At 8:30 a.m. on Thursday, July 25, 2002, a healthy newborn baby was brought to St Bernardino Medical Center In San Bernardino under the provisions of the California Safely Surrendered Baby Law. As the law states, the baby's mother did not have to identify herself. When the baby was brought to the emergency room, he was examined by a pediatrician, who determined that the baby was healthy and doing fine. He was placed with a loving family while the adoption process was started. Every baby deserves a chance for a healthy life. If someone you know is considering abandoning a newbom, let her know there are other options. 77 tr ._ EXHIBIT 3D Sin Pena. Sin Cul a. Sin Los rediku naddos pueden ser ft, �', W"forma -.VCSL" CL =L Aa D.11,% e>`nergencia de m" uier hospital o en un cuartel-de bomberos del Condado de Los. 'En el Condacb 11:16 wsi4 I -M. - BABY SAFE t I -M-M-9723.. www.babysafela.or gi Nt .0 Enadq` California Consejo vliSupervisores del Condad& de Los Angeles Gray. Devi C.Cobernador Gloria ' Molina, Supervisora, Primer Distrito Agenda de S06d7i Servid6s Hurna"s Yvonne Braihwaite Burke, SupeMso'ra, Segundo Distrito jACOM adif Hu" imirkes Agency) Graq*rfd Johnson, Secretarlo z ev Yaroslaysk-y, Supervisor, TerceIr Distrito Don Xnabe, Supervi$?r, 6"no Distrito Depmrtam_*.n" de Semldos Social", Michael. D. Antonovich, Supervisor, Quinto Distrito Rita' Saeriu: Directors Esta Iniclativa iambiets ipollada-porFirst SLAyINFO UNE d$L¢w Rat". 78 LQu6 as la Ley de Entrega de Babes Sin Peligro? La Ley de Entrega de Book Sin Peligro de California permits a los padres entregar a su reci6n naddo oonfidencialmente. Sompre que el beb6 no hays sufrido abuso ni neglgencia, padres pueden entragar a su radon naddo sin tamor a ser arrestados o procesados. 406mo funcions? EI padre/madre con dificultedes que no pueda o no quiers cuidar de su red6n naddo puede entregado en fora legal, confidendal y Segura, dentro de los tree dies del nacimiento. E beb6 debe ser entragado a un empleado de Una sale de emergencies o de un cuartel de bomberos del Condado de Los Angeles. Sombre que el beb6 no presente slgnos do abuso o negligencia, no sera necesado suministrer nombres ni inforad6n alguna. Si el padreimadre cambia de opinion postehormente y desea recuperar a su beb6, los trabaiadores utittzaran brmaletes para boder vinculados. El beb6 tlevar3 un brazalete y el padre/madre recibira un brazalete gual. Loue base si el padrelmadre desea recuperar a su babe? Los padres que oarr ion de opinion pueden empozar el proceso de redemar a su red6n nacido dentro de los 14 dies. Estos padres deberan Ilamar al Departamento de Servidos para Ninos y Families (Department of Children and Family Services) del Condado de Los Angeles, al 1-800-540-0000. LS610 los padres podrert Ilevar al recien nacido? En Is mayoria de los casos, los padres son los que (levan al beb6. Le ley perite qua ons personas Haven a! beb6 si tienen Is custodia legal del menor. yLos padres delpen hamar antes de Ilevar al 1501567 No. EI padre/madre puede (lever a su beb6 an cualquier momento, las 24 horas del dla, los 7 dies de Is semana, mientras que entregue a su beb6 a un empleado del hospital o de un cuartel de bomberos. yEs necesario que all padre/madre diga 2190 a las personas que reciben al baloR No. Sin embargo, el personal del hospital Is padira que Ilene un cuestionario con Is finalidad de recabar antsoedentes m6die0s importantes, que resultan de gran ublidad para los cuidados que redbira al beb6. Es recomendado lienar este cues5onario, Pero no es obligatono hacedo. LQu6 ocunira con el beb6? EI beb6 sera examinado y. de ser namsaho, redbird tratamiento m6dico. Luego el beb6 as entragarra a un hogar preadoptivo. EXHIBIT 3D 40ue pasara oon el padrelmadre? Una vez qua los padres hayan entregado a su beb6 en fora segura, ser6n fibres do irse. ZPor que California hace esto? La finalidad de Is Ley de Entrap de Bel Sin Peligro es proteger a los beb6s del abandon por parte de sus padres y de is posibilidad de que mueran o sufian dance. Listed probablemente hays escuchado histodas t tgioas sobre beb6s abandonados on basureros o an bans publicos. Es posibie qua los padres que cometieron estos ados hayan astado atravesando difieutrades emocionafes graves. Las madres pueden hater ocultado su embarazo, por temor a to que pasaria st sus families se enteraran. Abandonaron a sus red6n nacidos porous tenlan miedo y no tenian adonde recumr para obtener ayuda. EJ abandono de un red&n naddo to pone on Una sifuad6n de peligm extremo. Ademas es ilegal. Muy a menudo el abandon provoca la muerte del beb6. Ahore, grades a la Ley de Entrega de Beb6s Sin Peligro, esta tri ya no dobe suceder nunca m6s on California. Historia de un beb6 A las 8:30 a.m. del juaves 25 de julio de 2002, se entreg6 un beb6 radion nacido soludable an ei St Bemardine Medical Center en San Bernardino, an v!rtud de las disposiciones de la Ley de Entrega de Beb&s Sin Peligro. Como to establece la ley, to madre del beb6 no se tuvo que identificar. Cuando el beb6 Ileg6 a la sate de emergendas, un pedietra to revis6 y determin6 que at beb6 estaba safudable, y no tenla probfemas. EI beb6 foe, ubicado con Una buena familia, mientras se iniciaban los tr6mites de adopd6n. Cada recitin nacido merece Una oportunidad de toner una vida saludable. Si alguien que usted conoce est6 pensando an abandonar a un reolen nacido, inf6rmele que otras opcfones tiene. 79 EXHIBIT 3D COUNTY OF LOS ANGELES NON-EMPLOYEE INJURY REPORT Dept Name Dept # DN. or Facility SECTION: IRMIS Code#: Prepared for County Counsel in defense of the County, Special Districts and employees INSTRUCTIONS: 1 All incidents involving injury to non -employees, however, minor, while on County property (owned or Itased) must be reported, by the Guard, Marshal's Office or Depamnent in proximity to incident, as follows: Two copies to: CARL WARREN B CO., P.O. Box 116, Glendale, CA 91209-0116 FATALITIES OR SERIOUS INJURIES MUST BE REPORTED IMMEDIATELY BY PHONE TO CARL WARREN & CO. (918) 247-2206 1 Name (Wt Name) (Fan Name) 04 d9,, Neal) Adders 3 Age If minor, give name of Pa= or guardian TIME AND PLACE: 4. Sex11 Male 1:1 Female 5 Place of occurrence (Nem,,nfCo TyfaNiry, Bid&•Sm Nmnh.) (QS rloan) 6. Location in building 0.d=fl: Blds.,Mom,Room No.) 7 Date of occurrence Hour AMMM 8. Weather Clear Rain POLICE REPORT []Yes []No POLICE AGENCY REPORTING STATION DEPT #: 9 %at was employee doing? 10. What happened? (Describe fully, stating whether injured person fell, was struck tic.) Give all factors contributing to injury, ([f veassay, rooCnue w spam¢ sheer) 11 Condition of floor, sidewalk, steps or other physical property or equipment involved: 12 Was there my defect or foreign substance or object involved? If so, describe' 13 If slip and fall: Person's shoes heels (type) NATURE OF Di1RY ANDP RT OF BODY AFFECTED: caps 171pe) (Asa) 14. Be specific! State which pan of body mjured,, whethtr right or left, etc. If exact nature of mjurry is undetermined, give opinion: - - a IE TRE4Tn x�GnMi 15. Was treatment given to the injured person by County Personnel? Type of 7rea aImt: 16. Was ambulance called? _ Which company 17 Taken to bospital? _ Whicb? STATEMENTS BY INJURED AND WITNESSES: (Nate: Avach Additional Pages If needed) 7g. Ctate, ent of inured as to what havmed: 19. Wimess No. 1 Name paw Wmsj Address: (NurtmwJ (Suse1 Statement: 20. Witness No. 2: Name: {les; Nemo) Address: (Nuaberl (Saew Statement a 0 By whom? By whom? (Pow Nemo) Telephone: (Flew Num) Telephone: Date Report Prepared: Prepared by. Phone (Pelm Nam.) Dept. (anal (slanaMo) 81 EXHIBIT 3D Naow7 c EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.6 — INSURANCE AND PERFORMANCE ASSURANCE This item consists of ! O pages (including this page). Initials:Da42d "als: -RAP-- Dated: I 3U 0; FRANC EE COUNTY m EXHIBIT 3D Bond No. K07913ZZ9 Premium: $15.722.00 RENEWABLE BOND FOR FAITHFUL PERF0RMIANCE KNOW ALL YEN BY THESE PRESENTS: That we, auntac Waste Industries Inc. (RanchiseelPnnegmi) as principal, and Westchester Fins Insurance Company (Surety) as surety, are held and firmly bound unto the LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS AND COUNTY OF LOS ANGELES, State of California (hereinatter'County7, in the sum of. One Million Forty-alaht ThousandForty-al One Hundred Fft and Dollars ($1,048.{50.00 1 IawfW money of the United States, for the payment of which sum, wail and truly to be made, we bind ourselves, jointly and severally fimty by these presents. The oondidw of the above obligation is such that; whereas said prinotpW has been awarded and is about to enter into a wrthan contract with the County for the Exchal a Frnichiset Agnxment for the Area(s) of Santa Claft Vail" and is required by said County to give this bond in connection with the execution of said contract NOW, THEREFORE, If said principal shall well and truly do and perform all of the covenants and obligations of said contract on its part to be done and performed at the times and in the manner specified therein, then this obligation shall be null and void, o0rerwrse a shall be and remain in full force and effect. The bond is for the term beginning November 1. 2008 and ending November 1. 2009which term may be renewed for additional years. It is agreed that any afterafion In the work to be done which may be made pursuant to the terms of said contract, shall not n qW way release either the principal or surety hereunder, nor shall any extensions of the time granted undie provisions of said contract release either the principal or surety WITNESS Qd hands $pL 29fh day of August . 200 8 By rtb IA r<u .Ine - By Wag=hastar Fire urance, Company By Its omay-in-Fact James BraWW By BY Its Its Attorney -in -Fact By BY Its Its PfaspublCONTRACTUeanede%FRANCHISE AGREEMENTS120071Franchisee DocwnentetiontECOtPERFORMANCE BOND Franchise (r).cl= �j CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 26, 2008 before me, Deborah Priest4k0linn, Notary Public personally appeared James Brakke 1 oemrlaMfla f m � no" "'°'°' ed+toe+s � cow" CROW EXHIBIT 3D who p oved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/are subscribed to the within instrument and acknowledged to me that helsheRhey executed the same in hisRter1their authorized capadtyQes), and that by hisfierltheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of CaNfomia that the foregoing paragraph is hue and correct WITNESS my rid and officiaWlse, SgrraWre —/u�// P W= Nola? Seal Abse T siw� C Notary Pudic OPTIONAL Though the MormaWn below a not required by law, It may prow 1181961648 to pe=cans retying on the dxument W could pmmn! fmu& ASN removal ar# reatfechmen! of this tnrn to another document Description of Attached Document Title or Type of Document Number of Pages: Signer(s) Other Than Named Above: Capacityges) Claimed by SIgneT(s) Signers Name: Signers Name: ❑ individual ❑ Corporate Officer -Thia(s): ❑Partner - ❑ Limited ❑ General Lj Individual ❑ Corporate Officer- T rtte(s): ❑ Partner - ❑ Unifted ❑ General ❑ Attorney-ia-Fact ❑ Guardian or Conservator ❑ Atiomey-in-Fact ❑ Guardian or Conservator ❑ Other- ❑ Other Signer is Representing: Signer is Representing: El ■ TE BACK OF 1MM DOCWENT usn VARVA SE MYFATUM A TMT WILL PROiECr wCMorsr wvt cun�eevu�wnu-•,o,n��. � 85 EXHIBIT 3D CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino on September 1, 2008betore me, Michele V Zamra, Notary Public Dm New uwrt Nun Yltl per Gfpt personally appeared Cole BUR Nmn(cI W elW�rlci w5flal v ZM D" Corrrr+� # 160413 Normy pceSo • 000=40 Son Wn.dM CCU* I ply Caren. erpYM Moy9.207 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)®are subscritied to the ,wpito instrument and adarow ged to me that hahefthey executed thee irerRheir authorized capaoity(ies), and that by er/their signature(s) on the instrument the parson(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. WITNEP my hand end offidal sees. Signature wn Nodyr ac.: �mw ay7y� a r Pcmw OPTIONAL > h and could pwmn' rreudulanrirrmnwal and ired by law, frasltach � Ofttds am, t May PrOW Valualle 1, moenomer ddowmert Description of Attached Document Title or Type of Document: Renewable Bond for Faithful Performance K07913229 Document Date: August 29, 2008 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ individual ❑ CorporateOfficer—Tile(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signet is Representing: Signer's Name: ❑ Individual ❑ Corporate officer — Tide(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other, Signer Is Representing: RIGF T4JLTORIWT O� SIGI.ER *Mw NoTarNwy Awnddw,0M De as A/ F!!05m 1 -Cheaav NCA 9131336 '• "d*c&WWYM M #SW Ibndr.CSITd-Fn.7 e0DEJG� M. EXHIBIT 3D ACORD CERTIFICATE OF LIABILITY INSURANCE %=1102 X10/14109 PImDUCDt THIS CERTIFICATE IS SW ASA MATTER OF INFORMATION PRDDU=t Insurance Services. Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic-OC3Insu HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bernardino CA 92413-3280 NAICi -9861 Faz!909-886-2013 I INSURERS AFFORDING COVERAGE Pgzwi�: AW , TER CA000 E)=UU%CW AND �NDMDNSOF &ICri "R's...EPA'c INSURER a: W to Industries, Inc da'1 Named Insured Sectyieo�n a rryCA A 9Us ImURENctes INaT� D B SUPEA E COVERAGES THE POUcESO= INSURANCE LISTED BELOW HAVE BEEN E.vcn TOTHENSRE)NAAED ABRfc FOP THE POIA"Y PERMNGICATO 14W THIS CWTVICXMW NONOTWR WA NG ISSUED OR AW , TER CA000 E)=UU%CW AND �NDMDNSOF &ICri MAY PENNMEPOFD I: THEPOLICFc6DID:NEED HEAON6SUBIFL't�ALTHETEMM POJCEa AGGR"iSATE UNVrS SH WVN MAYHAVE SffN PECLCED BY PAID CLAI LTA 7YPE OF S9RNMCE POLICY NUI6DI DA DA LOIm FALYI CCCURREMCE f aninA UNILm PREW9EB EaoaManm f COMNHIOAL GDERFL LMBAITY CLA015 NADE ❑ Ow^^UR MED FJiP (AIN ails iafel� _ PS"ONALe ADVIUURY f pDNVIAL AaW EOATE f RFCDUCIS. GVYP10PAe0 S eENLAGGREGATE�pLaWRR} APPUFS PER: FIX1C1' LOC ,IFLT AnDsC LE LIABLm � LMfT i AW mm A OWNEDAUTos WIZZURY i SOIEDULED AUTOS 14RED AUTOS pP.L ) 6 NDIFOVdD AUTOS PROPERTYi fDAMkw (wtlltl AUTO WILY - EA ACC ANT f EA ACC Ii QABAAE LLOUTY AW AUTO 001RON ADG S EACH OCCURRENCE S 2, 000, 000 sfcRELLALMOEM � cLAwsRUDE 7163000010-081 03/01/06 03/01/09 ADaREWTE t2,000,000 0 A o=Lm f DUCT®LE i RkTENTICPJ s VATANERS COYPEN4ATIDN AMD EIPLOYDI9' UAOSJA �, � Fl NACFI ALIDENT i EGL DISFA`F-EA f AM'F'flOPRETIXVPARINERiE%ECUiTJE El DISEASE POIA:Y OMITS OFfICERAAEMBEA IXCW 0®T B ws tleGcNe ivmer SPECUL P9 0N5 Wwr m:m SRant is DBCRIFTION oeorvwTnNsILODATIoxsrvENAxEsi EicLusoNs foro£ Sante Clarita Valley. foz the area Re: The eYClusive franchise Agreement area for all County of LA, its Special Districts, its Officers, and its employees activities arising from this Agreement •30 day N O C except 30 day for X% -LTA Null 6 Voids prior certificate issued non -payor nt of premium. 10/13/08 � AArcI I eTDN _ E HOLUCH COOI022 6NDVL0 NIYOFMEAIOVED®DASm POL1rIMBE CANCELLED TEFOPETHE EXPi'IRATIC Elizabeth Norris DATETIeRmF,THEWU Yu INStPM:RY MIIWOM11L 30± DAI9VAIDTEN County of Los Angeles; Dept of NmICE Public Works Works 900 S. Fremont Ave Annex 3rd F MM Alhambra CA 91803 AUTMDa gp(TAT , 1- T EXHIBIT 3D Aqua Mansa MRF, LLC AVCO Disposal, Inc Burr Group LP Burr Girls LLC Burr Group, Inc Burr Properties, G.P. Burrline LLC Surrtec Environmental, LIG Burrtec Recovery 6 Transfer, ISG Burrtec Waste Group, Inc. Services, Inc ) Burrtec Waste Industries, Inc. (formerly PSP Waste Burrtec Waste Industries, Inc. DSA: Ague Mans& Recycling 6 Transfer Cc Burrtec Waste Industries, Inc. DBA: Burrtec Recycling 6 Transfer Cc Burrtec Waste Industries, Inc. DBA: Surrrtec Recycling Center Surrtec Waste Industries, Inc. DSA: Inland Empire Recycling Burrtec Waste 6 Recycling Services, IRC Burrtec Waste Services, IS.0 Coachella Valley Transfer Station Named Insured Cont - Crestline Disposal Currans Rubbish Disposal, Inc. Desert Disposal Desert Properties LLC E Cole Burr, individually and as Trustee of the Burr Family Trust EDCO Disposal Corp (but only as respects to vehicles registered in their rime) Edward G. Burr, Sandra L. Burr, Cole Burr and Tracy A. Burr, Individually and Burr Properties: 9910, 9934, 9930, 9964, 9820, 9890, 9982 Cherry Ave, Fontana, CA and 17000 Abbey Lana, corner of Abbey Lase and Bimini (5 acres), and 16997 Abbey Lane, victorville California Edon Bill Transfer Station Empire Disposal, LLC Fontana Rubbish Collectors, Inc Jam's Disposal Service, Inc raiser Recycling Corporation Lake Arrowhead Disposal Lucerne Valley Disposal, Inc Named Insured Cont. - Mark's Disposal - a division of Burrtec Waste Industries, Inc. Monarch construction Services, Inc. (but only as respects vehicles registered in their nam) Monarch Concrete Washout, Inc (but only as respects vehicles registered in their name) Monte Vista Disposal, Inc. Mountain Disposal Norcal/San Bernardino (but only as respects to vehicles registe-^ed is this Disposal Service, Inc. 9 Springs Disposal Disposal (but only as respects to Vehicles registered in this name) 3 INV (but only as respects to vehicles registered in this name) Maintenance Enterprise, Inc A. Burr, individually and as Trustee of the Burr Family Trust unty Disposal, Inc EXHIBIT 3D Tri -County Disposal, Inc DBA: Gary'a Disposal (but only as respects to .vehicles registered in this oame) 'Universal Waste System (but only as respects to vehicles registered in this nnme) 'Victor Valley Mw Victorville Disposal, Inc, West Valley MRF, LIC West Valley Recycling and Transfer, Inc Yucaipa Disposal, Inc Yukon Disposal :• EXHIBIT 3D 90 NOTEPAD: xa�c y`rsJa�z y��y� iJlC 1 ': ' BFSEIHHSS HANE Bu==bed waste 3HitL3A.�rSBS- '- K a4% ! C —+^rY 4J 3 Pollution Liab Applies CR99460306 for all activitiu arisiag from this Agreement; 90 Policy No: 1260408 Policy Effective Date: 03/01/08 EXHIBIT 3D COMMERCIAL AUTO CA 99 48 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS Ttus erdor.,eneM modifies insurance provided under the fd0owing: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided * this erndorseme t, the provWOrm of the Coverage Form apply unless mods. sell try the endorsement A. Liability Coverage is changed as follows: 1. Paragraph a. of the PcHuticn Exclusion aP pies only to 9ab0ty awffnod under a contact or agreement 2. With respect to the coverage afforded by Para- graph A.I. above. Exclusion B.4 Care, Cus- tody Or Control dose not appy. B. Changes In DeBnitot» For the purposes of this mth D. d DeRntlmSection s is replaced by the foibwng: D. -Covered potuton coat or expense' means any cost or expense arising out d: 1. Any request demand, order or steMM or regulatory requirement that any 'nsu md' a others fest for momfa, dean up, remove. contain, tett detwrty a neuaarae, or in arry way respond ID, Of assess the eftecb Of "pow'; or t Any claim rt0CaghalfecOfn� am r W" because testing for. monitoring, clearing UP. remov- ing, contanng, asatrtp, datarofytn9 a neu- tral¢ng, or in any way respondmg to Or sassing the effects of "pogutants" CA 99 48 83 09 -Covered pollution Cost or expense' does not include arty Cost a expense arising out of the actual, alleged or threatened divharye. 6i sal, seepage, migration, release Of escape of .poautarts.: a. Before the "poll seats" or any property in which the 'poautents' we contained are moved from the place where they are accepted by fie 'in umd* for movement into or onto the covered *auto- or b. After the "Pollutants' or any property in which the'polBrtams" are Contained are moved from the covered "auto' to the place where they aro tinagy delivered, disposed of or abandoned by the 'in- sured' Paragraphs a. and b. above do not apply to "acodwtr tut occur away from premises owned try or rented to an 'insured" with re- spect to "pollutants' not in or upon a cOv- ared'auto'III (11 The "poliuta ta" or ars property in which the WkRaMa' are contained A" upset overturned or damaged n a m$Wt d the maintenance a use Of a covered "sub': and (�) The release arescape of Bhe "pollutants" is caused directly by such Upset, overturn or damage. ® ISO Properties. Inc., 2005. , 91 Pago10f1 O I=YWATT sn ACORD CERTIFICATE OF LIABILITY INSURANCE SRT z °"10 i3 os PRODLCER Alliant insurance Services, Iae (Lie -0x36661) p O Boz 3280 THIS CERTIFICATE LS ISSUED ASA NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS TIFICATE HOLDEPTHIS CERTIFICATE DOES NOT AMENDTHE REXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COVERAGE NAIC0 San Bernardino CA 92413-3280 phone: 909-886-9861 Faz:909-886-2013 DANE IIIY 03/01/08 su�s tINSURERSAFFORDING Now Kaamshire Insurance CcSee Burrtec Waste Industries, Inc Addn'1 Named Insured In Notes Section 9890FontCiCA9Avenue 2335 Nap shire Insurance Cc PERSONAL$ AM INJURY 51 ,000,000 GOYIliAGES THE POLICIES OF wSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAIED ASDVE FOR THE POLICY PEFBOO RAMITED. NOTWRNSTANOING ANYREOUFSMENt. TEAM OR COHDTIOH OFANY OOMRACT OR OTHER DOCULENT WRH RESPECTTO WNICM THIS fE 'CATE MAY BE ISSUED OR MAY PERTAIN THE wEURAIK:E AFS BY THE POLICES OESCMSED HEREIN 15 SUBJECT TO ALL THE TERMS. E%CWSIOI6 ANO CONJITRNLS OF SUCH POUCES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Q NUS LTA1 A X TYPE OF INSURANCE GENERALUABILM % COI FRCIAL GENEaLLMBLry CLAW MATE ® R POLICY NUMBER 1260408 DANE IIIY 03/01/08 °ATE 03/01/09 LAM EACH OCCURRENCE $1,000,000 PREMass .emi—m $300,000 MED Ex (Aey aR Pe ) & Excluded PERSONAL$ AM INJURY 51 ,000,000 m ernon enoonoennu T4RR GENERAL AGGfKOATE s2 000,000 PRODl1CT5 =mmp AGO s2,000,000 EGM AGGREGATE APPLIES PER pURMprt POUCY ,TELT R I IDC B AUIpYGyLE R I "INLTTY A AUro CA5456148 03/01/08 03/01/09 COAEMED Sww LIMIT s3,000,000 (') ALL OWNED AUTOS ID SOIEDINAUTOS SODf.Y INJURY $ IPer l+eiFm) BOD Y, $ HEED AUTOS NON.o N AUTOS PImPERfIf?AAUIiE f (Pr P:WTq GARAGE Lt%SL Y _ AUTOON_Y•EAACUDB7T f OnHi TlaN EA ACL $ AUTD°N-Y: AGG $ ANYgUTD DMFS iMBRELLA LUAU Y EATOi occUwar+DE f AGGREGATE f OCCUR ECLAIMS MADE f f DEDUCTIBLE RETE nDN $ s C vnalo:as eoMPENSAnoNAND EMPLOYERS LUZB ANY PROPRETORPARTNERmxEv-MrE OFFMEWMEMSER D=UDEOT WC1894400 03/01/08 03/01/09 % TORY rts EL EARN A=MEMT $1,000,000 EL DISEASE -tiA EMPLOYE i1, 000 x000 DIS Pa -ICV uum $1 000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VatiCLEb! EXCLUSIONS ADDED BY EIDORSfaIENi16PECaL PROVISIONS Re> The exclusive franchise agreement for the area of Santa Clarita Valley. County of LA, its Special Districts, its Officers, and its employees as additional Insured/Primary Wording for all activities arising this Agreement as respects General Liability per end't LX9466 10/03; Auto Liability Coverage Dad $250,000 per accident, **SEE ATTACKED NOTES" GElZI Ir R+A lc nvwcrt x0Q74-0 Elizabeth Morris --- - AIOUI-D ANY OF THE ABOVE DESUtOED POUCE6 BE CAHCEU.Ep BEFORE TIE ECPIRATD 0.ATEnEREDF.THEM=WINSURERwugwmNwwmAIL 30* nArSWRITTEN County of Los Angeles; Dept HOTxE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT. 9KV of Public Works 900 S. Fremont Ave Annex 3rd Alhambra CA 91803 m ernon enoonoennu T4RR ACORD 2S (2001") L-�) v' "'_• 92 BU= -2 NOTEPAD: mumsmw Barmen Waste Indnstri.es, Inc. DPM KM Named Insured Coat - Ague Manna MRF, LLC AVC0 Disposal, Inc Burr Group LP Burr Group, Inc. Burr properties, G.P Burrline LLC Burrtec Environmental, LLC Burrtec Recovery t Transfer, LLC Burrtsc Waste Group, Inc. Burrtec Waste Industries, Inc. (formerly PSP Nests Services, Inc.) Transfer Co. Burrtec Waste Industries, Inc. DBA: Ague Hansa Recycling a Bunten Recycling 6 Transfer Co. Burrtsc Waste Industries, Inc. DBA: Burrtsc Waste Industries, Inc. DSA: Bunten Recycling Center Burrtac waste Industries, Inc. DSA: Inland Empire Recycling Suntan Waste G Recycling Services, LLC Bunten Waste Services, LLC Coachella Valley Transfer Station Crestline Disposal Named insured Cont - Currans Rubbish Disposal, Inc. '.Desert Disposal Desert Properties LLC 'E Cole Burr, individually and as Trustee of the Burr Family Trust EDCD Disposal Corp (but only as respects to vehicles registered in their name) Edward G. Burr, Sandra L Burr, Cole Burr and Tracy A. Burr, Individually and Burr Properties' 9910, 9934, 9930, 9964, 9820, 9890, 9982 Cherry Ave, Fontana, CA and 17000 Abbey Lane, corner of Abbey Lane and Bimini (5 acres), and 16997 Abbey Lane, Victorwille California Edcm Sill Transfar Station Empire Disposal, LLC Fontana Rubbish Collectors, Inc Jack's Disposal Service, Inc. raiser Recycling Corporation Lake Arrowhead Disposal Lucarns Valley Disposal, Inc Mark's Disposal - a division of Bunten Waste Industries, Inc. Named Insured Cont. - Monarch Construction Services, Inc. (but only as respects Vehicles registered in their name) respects vehicles registered Monarch Concrete Washout, Inc (but only as in their name) Monte Vista Disposal, Inc Mountain Disposal Norval/San Banca -lino (but only as respects to vehicles registered in this name) Rancho Disposal Service, Inc Running Springs Disposal System Disposal (but only as respects to vehicles registered in this name) T/M 403 INV (but only as respects to vehicles registered in this name) TECMEC Maintenance Enterprise, Inc Tracy A Burr, individually and as Trustee Of the Burr Family Trust Tri -County Disposal, Inc Tri -County Disposal, Inc. DBA: Gary's Disposal (bot only as respects to vehicles registered in this name) 20 PADS 2 PATE 10/13/08 BUMM NOTEFAQ:._Z Gi8URE05 gAYE BnrrteC P.aate Iadaatriea r Lac. OP ® 6G Named Insured Cont. - Universal Waste Systam (but only as respects to vehicles registered in this name) Victor Valley MRF Victorvilla Disposal, Inc. West Valley MRF, LLC West Valley Recycling and Transfer, Inc Yucaipa Disposal, Inc Yukon Disposal Burr Girls LLC 94 PAGE 3 GATE 10/13/08 k NOTEPAD: � waste industries, Inc. �� z "*M 10/13/08 Aggregate Dad $2,000,000; pollution Liab Applies par CJL99480306 for all activities arising from this Agreement; General Liab 8IA $100,000 each occurrence; Workers' Compensation Bodily injury by Accident: $250,000 Ded each occurrence, Bodily injury By Disease $250,000 Ded eachday N claim, All Covered Bodily Injury $3,000,000 Dad policy aggregate. except 10 day for non-payment of premium. S8 -LTR Null a voids prior certificate issued 10/13/08. 95 EXHIBIT 3D AAfffant DRIVER COMMERCSAI. GROUP October 13, 2008 Re: Insured: Burrtec Waste Industries, Inc. Policy Number, 1260408 Policy Period- 03/01/08 to 03/01/09 Certificate Holder. County of Los Angeles Dept, of Public Works 900 S. Fremont Ave, Annex 3rd FL Alhambra, CA 91803 Certificate Date: 10/13!08 To Whom it may Concern Certificate Holders for certain jobs performed by the above captioned Insured require the cancellation wording for their certificate of insurance be amended to exclude the .endeavor to ..... but failure to ....... wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation and Alliant Insurance Services, Inc. is notified, we will advise Certificate Holder of said change and will not be the responsibility of the Insurance Company. Sincerely, Authoriz ignature Datei KG A16ant Insurance Services, Inc • 2131 Elks Drive • Suite 200 • Sart Bernardino, CA 92404-5572 vHove (909) 886.9861 • vxw.a1L'antinsunnrr.corn • 13ccnsc No. OC36861 96 EXHIBIT 3D AA11jant DRIVER COMMERCIAL GROUP October 13, 2008 Re: Insured: Suntec Waste Industries, Inc. Policy Number. CA5456148 Policy Period: 03/01/08 to 03/01/09 Certificate Holder. County of Los Angeles Dept of Public Works 900 S. Fremont Ave, Annex 3rd FL Alhambra, CA 91803 Certificate Date: 10/13/08 To Whom it may Concern: Certificate Holders for certain jobs performed by the above captioned Insured require the cancellation wording for their certificate of insurance be amended to exclude the "endeavor to.....but failure to.... "wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation and Ailiant Insurance Services, Inc. is notified, we will advise Certificate Holder of said change and will not be the responsibility of the Insurance Company - Sincerely, .. �� , , +�I r Date Auftnz KG Alhanr Insurance Services, Inc. • 2131 Elks Drivr • suite 200 • San Bernardino. CA 92404-5572 YHUNF (909) 886-9861 • www.allianrirsuru•cc.rnm • license No. OC36861 97 EXHIBIT 3D A.4.11ant DRIVER COMMERCIAL GROUP October 13, 2008 Re: Insured: Burrtec Waste Industries, Inc. Policy Number. WC1894400 Policy Period: 03/01/08 to 03/01/09 Certificate Holder. County of Los Angeles Dept of Public Works 900 S. Fremont Ave, Annex 3rd FL Alhambra, CA 91803 Certificate Date: 10/13/08 To Whom it may Concern: Certificate Holders for certain jobs performed by the above captioned Insured require the cancellation wording for their certificate of insurance be amended to exclude the "endeavor to..—but failure to.... "wording contained in the cancellation clause. it is agreed and understood that, in the event of cancellation and Alliant Insurance Services, Inc. is notified, we will advise Certificate Holder of said change and will not be the responsibility of the Insurance Company. Sincerely, KG Allianr Insurance Services, Inc • 2131 Elks Drive • Su¢e 200 • San Bernardino, CA 92404.5572 PNUNF. (909) 886-9661 •www alliantinsun ce-cow • License No. 0C36861 98 Date Authorized i nature KG Allianr Insurance Services, Inc • 2131 Elks Drive • Su¢e 200 • San Bernardino, CA 92404.5572 PNUNF. (909) 886-9661 •www alliantinsun ce-cow • License No. 0C36861 98 EXHIBIT 3D ENDORSEMENT This ertdarsmunL afteeWe 7201 AM 03101/2008 Forme • part Of POBaY ne.t 1260408 Issued m: SURRTEC WASTE IMMTRI ES. INC BY: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Sector, U Y1bo Is An Insumf is amended m irckJds " person or organaaton you aro re - Owed m vcitde Be m addroorul mead pr, ttia Polley by a wiser, cmttiact or � SWVV ore a effect during this poky pw od and eraomed prior to to 'pcaru * of t10 "bodiv w*ay' Of 'Property damage." S. The inlwranu Provided u Me above described addrtimW irsvred urger tva erdorsemem u Grand n loww.. t. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Seceon 1 Coverages) 0*l 2 Thu person or agerlcabon q Drily an ad• dWwW m"d vAh respect to fiW*W arieint out d "Your .vs" or 'your Pro• dud fpr het additional vistaed. 1 In the am= gut tle Limb of kwranot Provided M this policy exceed tiler Larne of hslaarpa fecuared by to mrftn moraract or wrmn aTaafnenL dw hmasnw prtr vidad by is erdorienonr " be earned tip tle Limas of lr uwamv rsqutred by re, wilIDn cowact or wimp agnsament rtes erldorsamerit shat rsA irmsease fie Limier of aolrer,ce sued n ser Declamvpns under Item 1 Limfv of hswan a w+timrang m to coverage provided herein. 0. The imrsnce Pmvidad to such w additorW insured dose not apply to 'boday i VLW or 'property darrope' mming out of an archi 'a, engvuer's m smvaVW, mdemv of or faAua m larder ant Pro- fessions! services ►lotrdblr. I The prepwM appro, g or fei&g ID Prepare W approve maps. Shop draw vgs, opirtard, rePorq VJrMVS, field orders, &An0a orders. OF dreylvrgs and Speailiesb rn: end i Supan so v, auyecton, a*cFx muml or enw*wffg activities. 5. T1s bmrnrce dons not apply to "boseY WOW or "preparry damage' &ruin pla of your oras*' or •your Prpduer i...Mded it to "preduowcornpiatd opuetxu hazard" wd&sb You are repuasd u Davide such epva" by witbn contract or wimn sgrva m and dun psy for to period of time nepuaed by td vm=n conagg pf wimen arynmertt and In m avant beyond to rgwaeon cher of tine porrv. hl - rrgyriyhlae lei .loos of ave 6,arvaaca SanarGs Dfecaa. Ina. LX94650D" We M samisens. Al rtpab nwr.ad. 99 ■spa 1 W 2 A EXHIBIT 3D A Arty cosarspa Wowded by that endorse- O. In ecradenca with tle leans rd condibom of mem b an addiUpru kalped shell be fit Pokry and as more kdit' emlanod in the amau ow alta otw valid end cobeubio PofCy. as soon as Prectcabe, each additional iro n avedabie b tw ddlbnN woumd soured must prve w prompt notice of eery wihatw pri nrY. amass. cm*vwt a on 'occwme ' %ttCh may result n a cism rly Doer basis uNans a esipan comact or brvAvd all is" papare Ib ate, coops W in dee Wmw apmsm spadficady rapias that defense of arty adores:, and otherwiss comply Ehis nswame apply m a penury m With d of tr Policy's temu and condrims. r cDmrlbubry buffs. C. Subpragraph (il(s) Of tr PoOuton &XcIUSion Prapreph V., Emkssime of COVERAGE A. BODILY KXJRY AND PROPERTY DAMAGE LIABILITY ISecton f Comrapn) dose not appty 0 you H M 'bodby shay. a 'pmperty demepe' crises out of 'yoor vark' a 'your Wodtw r Patlmmd on pr nacos Wvch an 0whed a renW by du ditorul neurad In tr ams 'yqa work' a 'your produot' q Der - fanned. Audlorited Representative OR Countersipnawre [In sures vlbere applicable) IrvAtl.. ceyyri91 4 ieM1rmadoe W ar M..rref S.rrla.a ORcaa. e,e L %9aas 110= rY is P.m:. ; . AS r:para r.urvb. P -e. 2.1 2 100 Policy NO: 1260405 Policy Effective Date: 03/01f08 EXHIBIT 3D COMMERCIAL AUTO CA 99 48 03 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wdh respect to coverage provided by to s endorsement, the provisions of me Coverage Form apply unless mod: W by the andomemeaL A. Liab" Coverage is changed as folio": 1. Paragraph i of the Pollution Exclusion aP' pees onty to wbility assumed under a contract or agreement. 2 Wr respect to the coverage aRorded by Para- graph At. above, Exclusion 8.8. Cara Cur tody or Control dose not ap* 8. Charges to DefintOais For the pis of this ondorsemeftt. Paragraph D. of the Detlnedons Section is replaced by fire toibMng: D. -Covered pollution cast Or expense means arty cost or expense ansing out of- i. ft. Any request, demand. order or shit." Or regularory requirement twit "'nsured' or *here test for, monitor, dean up, remove, ooman, treat detm* err neuaalza or in any wry respond to, or assess the eftech of .paNutanm'. or i nitAinfnp ,tats or'wiC fudamages becausse 0( envndtal authority for tesfpr. mortitorug. Geanng up, nem0v- ng, contynng, treating, 1:10104 ng or neu- traC¢mg, or in any Way req=dmg to or as- sesseng Me effects of'pol utanm" 'Corded posuhon Cost or expense' do" not ncWde any cost or expense wising out or the Waist alleged or dteatened discharge, cfi$W- sal, seepage, migration, release or escape of a. Before the "P rrm" or any proper()` In wKKh the ' pollutams' are cwgahxd we moved from tM psam where they are accepted by the -Muted for movement into or onto 9w covered'auW' or b. After the 'pONtartB' or any property in wn,ch tha 'per" aro contained are moved from the oaered 'auto' to Bar place where they we Melly delivered. disposed of or abandoned by the 'In - mod. paragraphs a. and b. above do not apply to accident' that occur away from premises owned by or ranted to an 'insured' with re- spect to -pN kmm- not in or upon a cov- ered -AJW It. (1) w - prop" in hich l I�ntSam contained ainedd ars upset overtumed or damaged as a result Otte rnammumm or use of a oovered'auto' and (2) The discharge, dispersal. seepage. migration, release or escape of the Wlubmh- is caused directly by such Lysol, overturn or damage. CA" 48 03 OB C ISO Properties. Inc.: 2005 Page 10 101 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.7 — INTERNAL REVENUE SERVICE NOTICE 1015 This item consists of o` pages (including this page). Initials: Dated ./L7�tials: "F�A 2- Dated: Ok�8 F CIUSSEE COUNTY INTERNAL REVENUE SERVICE NOTICE 1015 Burrtec Waste Industries, Inc. will notify its employees and will require its subcontractors to notify their employees that they may be eligible for the federal earned income credit under federal income tax laws and will provide a copy of Internal Revenue Service Notice 1015 102 amDepartment of the Treasury Internal Revenue Service Notice 1015 (Rev December 2D07) Have You Told Your Employees About the Earned Income Credit (EIC)? What Is the EIC? The EIC is a refundable tax credit for certain workers. Which Employees Must I Notify About the EIC? You must notify each employee who worked for you at any time during the year and from whom you did not withhold income tax. However, you do not have to notify any employee who claimed exemption from withholding or- Form nForm W-4, Employee's Withholding Allowance Certificate. Note. You are encouraged to notify each employee whose wages for 2007 are less than $39,783 that he or she may be eligible for the EIC. How and When Must I Notify My Employees? You must give the employee one of the following: e The IRS Form W-2, Wage and Tax Statement, which has the required information about the EIC on the back of Copy 8. • A substitute Form W-2 with the same EIC information on the back of the employee's copy that is on Copy B of the IRS Form W-2 e Notice 797, Possible Federal Tax Rotund Due to the Earned Income Credit (EIC). e Your written statement with the some wording as Notice 797 If you are required to give Form W-2 and do so on time, no further notice is necessary ff the Forth W-2 has the required information about the EIC on the back of the employee's copy If a substitute Form W-2 is given on time but does not have the required Information, you must notify the employee within 1 week of the date the substitute Form W-2 is given. H Forth W-2 is required but is not given on time, you must give the employee Notice 797 or your written statement by the date Form W-2 is required to be given. If Forth W-2 is not required, you must notify the employee by February 7, 2008. 103 EXHIBIT 3D You must hand the notice directly to the employee or send it by First -Class Mail to the employee's last known address. You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mail. However. you may want to post the notice to help inform all employees of the EIC. You can get copies of the notice from the IRS website at www.irs.gov or by calling 1-BDD-629-3676. How Will My Employees Know If They Can Claim the EIC? The basic requirements are covered in Notice 797 For more detailed information, the employee needs to see the 2007 Instructions for Form 1040, 1D40A, 104DE7, or Pub. 596, Earned Income Credit (EIC). How Do My Employees Claim the EIC? Eligible employees claim the EIC on their 2007 tax return. Even employees who have no tax withheld from their pay or owe no tax can claim the EIC and get a refund, but they must file a tax return to do so. For example, If an employee has no tax withheld in 2007 and owes no tax but is eligible for a credit of $825, he or she must file a 2007 tax return to get the $B25 refund. How Do My Employees Get Advance EIC Payments? Eligible employees who expect to have a qualifying child for 2008 can get part of the credit with their pay during the year by giving you a completed Form W-5, Earned Income Credit Advance Payment Certificate. You must include advance EIC payments with wages paid to these employees, but the payments are not wages and are not subject to payroll taxes Generally, the payments are made from withheld income, social security, and Medicare taxes. For details, see Pub. 15 (Circular E), Employer's Tax Guide. Nonce 1015 Frm.12.2DD7r Cat Ne. Wesel EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.8— FRANCffiSEE'S EEO CERTIFICATION (FORM PW -'n This item consists of A pages (including this page). Initiais:Dated/b Initials: -EW— _ Dated. I (:e FRANCHISEE COUNTY 104 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.8 - FRANCHISEE'S EEO CERTIFICATION (FORM PW -7) A copy of the EEO certification from our proposal is attached as Exhibit 6. FORM PW -7 PROPOSERS EQUAL EMPLOYMENT OPPORTUNRY CERTIFICATION Fl-.ywroh Nr+r 9u. -Mt YJaoe industrea Inc. Adjr & 989D Cheng Ave Fontana CA 92335 �rrkmau asoamtLe�rvneEvoi?Mer laenUSrat<n eiu-0a*95-3398612 _,-__ In acwdatm0.` with Los Angeias County Code Seabw 4.32.gtQ. the ProPoser Certifies aetd aprtxss that all pesons employed by d, Its aWkWas, subsidiaries, or haid-mg companles are and will be treated equelty by the fin, without ragara w or because W raor religion, axesey, natonat origin, or ses aril in compliance with all an44cscrimma5on L*w% of the united b'tates d America and the Stats of CsA1Dmla. I The proposer hes a written policy oatwmnt prohibiring any dsismln®tion in M YES aa! phes of employment. D NO its 2.I The propose* peri dicaoy conducts a self-analysis or utilizalion analysis of 8 YES ics w fords. I Q Nt? 3 1 T'he Proposer has a system for detemmining it oA a rvi wymam piactbes are 10 YES 1 discnmemtory against pro0ected 4 iF<. 0 NO i. ;Where problem arias are idraAiiidt in wnployment preclioas, the propPyeJ ® YES i tgo; a syilam for taking reasonable tsrtrectNe acorn to incUoe , Q NO establishment of goels and v etawes. _ _ _. _.._ I - . 105 EXHIBIT 3D Exhibit 3D — Franchisee Documentation item B.9 — WASTE DIVERSION PROGRAM, INCLUDING CUSTOMER RECYCLING AND SAFE DISPOSAL EDUCATION PROGRAM This item consists of o23 pages (including this page). Initials: Dated] 7,q Initials._ Dated: FRA CHISEE COUNTY m =9 BURRTEC WASTE INDUSTRIES, INC. "We'll Take Care Of It" 1-866-270-5370 Cart Delivery EXHIBIT 3D Burrtec Waste Industries, Inc. will begin trash collection services in the Los Angeles County unincorporated communities of the Santa Clarita Valley beginning November 3, 2008. The new carts will be delivered beginning September 25, 2008, through October 31, 2008 (see reverse). Existing carts and containers will be picked up at time of new cart delivery On your cart delivery day, please leave all of your current carts and containers out so they can be collected. You may use the new Burrtec carts once you have received them. Your current trash collection service provider will continue to service your residence with your new carts until October 31St Customer owned containers Burrtec can dispose of your personal containers. Simply place them upside down at the curbside from November 3d through November 7t" and the containers will be removed - Cart Size or Service Changes Beginning December 1St, Burrtec will begin taking requests for cart exchanges and/or requests for additional carts, Please contact the Customer Service Department with your request. La Entrega de Carritos Burrtec Waste Industries, Inc. comenzara los servicios de recolecci6n de basura en las comunidades no incorporadas del Valle de Santa Clarita an el Condado de Los Angeles comenzando el 3 de Noviembre de 2008- Los nuevos carntos seran entregados a partir del 25 de Septiembre de 2008, concluyendo el dia 31 de octubre de 2008 (vea ei lado inverso de esta pagina). uuemes ❑e Yvdtim Matta G,nc Los carritos y contenedores actuales seran recogidos an el momento que se entreguen los carritos nuevos. En el dia de la entrega de su carrito, favor de dejar afuera todos sus carritos y contenedores que tiene presentemente para poder recogerlos. Usted puede user los carritos nuevos de Burrtec una vez que los reciba. Su servicio actual de recoleccit in de basura conbnuara recogiendo la basura con sus cardtos nuevos hasta el 31 de octubre. contenedores que le pertenecen al cliente Burrtec puede disponer de sus contenedores personales. Simplemente col6quelos boca abajo en la orilla de la calle. Los contenedores seran recogidos comenzando el 3 de noviembre y concluyendo el 7 de noviembre. Tamano de Carrito o Cambios de Servicio A partir del 10 de diciembre, Bumec comenzara a tomar pedidos para el tame to de de Viccario s y/o pedidos por carritos adicionales. Favor de comunicarse con el Departamento de Servicio al Cliente con su pedido- 107 W W Santa Clarita Vallev Franchise Cart f- r- u 10R G�, 9RG Thu / *•_ �.. 10102 Y 1 hu 9125 \•: ' �.. t Fri 9126 ,.1 ��1 � 4_..;• � 1 . $ate n\ 'Thu 9125% i / f /,,•\ ', , CS �gyp,_..t 47.S�f / t r r �'kS. Fn 10117 /_ry.' i•1 1T f I Y Fri 10110 Ventura County "�•}� N W+E S i >- r, � �a Wei \ j1 s Too 9130 Nt5� tf Mon 10113Tue7UIU7 rvga ural �M City of Santa C/arita I { (Not part of new services) moll 1u/06 Tim 10123 -Mon_ 929 ' • ' . V Fri 9126 aNr. Moill W ^a Moll IDI2G 1612. Schedule BURRTEC WASTE Ir UM M S,MM ^11t'n 14M c'er. nflY 1-866-270-5370 - Thu 10109/ - u 10R G�, 9RG Thu / *•_ �.. 10102 Y 1 hu 9125 I EXHIBIT 3D PUBLIC NOTICE SANTA CLARITA VALLEY RESIDENTS Burrtec Waste Industries was awarded the franchise to provide automated residential collection services to Santa Clarita Valley county unincorporated single family and two unit residents beginning November 1, 2008. The standard services will include 3 new 95 -gallon carts. one black cart for household trash, one blue cart for recyclables and one green cart for green waste. Optional 65 -gallon brown carts for manure will be available for an additional fee. To learn more about these and other exciting programs, join us at our community meeting. Light refreshments will be served. Saturday, September 13.10 am Canyon Country Jo Anne Darcy Library 18601 Soledad Canyon Rd. Santa Clarita, CA z These programs have been designed for County area residents by Burrtec Waste Industries in association with the County of Los Angeles. We encourage your support and participation in our efforts to meet mandated solid waste diversion goals established by the State of California. SURRTEC WASTEWDl1STRIES, INC. "Wew rake Can Of IP' 1-866-270-5370 109 Friday, September 19.7 pm Castaic Sports Complex 31230 N. Castaic Rd. pxap� Castaic, CA Y`x'n Saturday, September 20 -10 am Val Verde Park 30300 W. Arlington St. Val Verde, CA These programs have been designed for County area residents by Burrtec Waste Industries in association with the County of Los Angeles. We encourage your support and participation in our efforts to meet mandated solid waste diversion goals established by the State of California. SURRTEC WASTEWDl1STRIES, INC. "Wew rake Can Of IP' 1-866-270-5370 109 EXHIBIT 3D B URR TEC WASTE INDUSTRIES, INC. "We'll Take Care Of It" Dear Customer' Burrtec Waste Industries is pleased to announce that effective Monday, November 3, 2008, we will be the new service provider for automated trash and recycling collection services to Los Angeles County unincorporated single family and two unit residences in the Santa Clarita Valley This new service program is the result of an exclusive franchise agreement that was awarded to Burrtec by the County of Los Angeles Board of Supervisors through a competitive bid process. Your services will include three new 95 -gallon carts: one black cart for household trash, one blue cart for recyclables, and one green cart for green waste. Optional 65 -gallon brown carts for manure will be available for an additional fee. As a Burrtec customer you are also entitled to free on-call bulky item collections twice per year Senior residents may be eligible for a 25% discount if they meet the criteria. For more information about our services or to request a senior application please contact our Customer Service Department. Additionally, we will be phasing in a new fleet of low emission alternative fuel collection vehicles to help reduce air pollution in your community Burrtec, along with the County of Los Angeles Department of Public Works, will distribute educational materials highlighting the importance of recycling and meeting state waste diversion mandates. New carts will be delivered September 25, 2008 through October 31, 2008. Beginning November 3'd Burrtec will begin servicing these carts under the new franchise agreement. Your collection day may change in November Please refer to the enclosed collection schedule map for your colleotlon day Postcards confirming your collection day will be mailed out prior to November 3d Burrtec is a family owned and operated solid waste collection and recyclables processing company servicing communities throughout Los Angeles County We pride ourselves on our commitment to customer service and to providing the very best in solid waste collection to the communities we serve. Should you have any questions or concerns, please contact us toll-free at 866-270-5370 Sincerely, Burrtec Waste Industries °We7/ Take Care Of It" 16000 SpringbrookAve . Suite 101 -Saugus, CA 91350 -866-170-5370 • FAX 661-111-7876 110 EXHIBIT 3D B URRT'EC WASTE INDUSTRIES, INC. "We'll Take Care Of It" Estimado Cliente: Burrtec Waste Industries se complace an anunciar qua a partir del Lunes, 3 de noviembre de 20DS. comenzaremos a proveer los servicios automatizados de recolecci6n de basura y reciclaje en su comunidad para todas las viviendas an las areas no mcorporadas del Condado de Los Angeles de Una o dos unidades an el Valle de Santa Clarita. Este nuevo programa de serviao as all resultado de un nuevo contrato exclusivo de franquicia qua fue otorgado a Burrtec por la Junta de Supervisores del Condado de Los Angeles por madio de un proceso de licitaci6n competitiva. Sus servicios incluirin tres nuevos canitos de 95 galones: un carrito negro para la basura del hogar, un carrito azul pare los reciclables y un carrito verde para los desechos verdes Carrftos de color cafe de 65 galones para el estlarcol (boniga) son opcionales por un cobro adicional. Como cliente de Burrtec usted tambien tiene el derecho de solicitor dos recolecciones de articulos voluminosos coda aho. Residentes de edad mayor pueden calificar pare recibir un descuento de 25% si cumplen con el criterio. Para mos informaci6n acerca de nuestros servicios o para pedir Una solicitud para personas de edad mayor, por favor comuniquese con nuestro Departamento de Servicio al Cliente Ademas, estaremos introduciendo Una nueva flota de vehiculos de recoleccien de combustible aftemabvo de bajas emisiones para ayudar a rebajar la contaminaci6n ambiental an su oomunidad. Burrtec, junto con el Departamento de obras Publicas del Condado de Los Angeles distribuir6 matenales educativos sobre la importancia de reciclar y cumplir con los mandatos del estadc para el desvio de los desechos Carritos nuevos seran entregados a partir del 25 de septiembre de 20DS y concluyendo el 31 de Octubre de 2006. A partir del 3 de noviembre, Burrtec comenzara a proveer mantenimiento y servicio a estos carritos bajo un contrato de franquicia nuevo Su die de recoleccien podra cambrar an el mes de Noviembre. Por favor vea el horario de recolecoi6n con mapa incluido para su die de servicio. Tarjetas postales confirmando su die de recoleco16n seran enviadas por oorreo antes del 3 de noviembre Burrtec as Una compaMa familiar de recoleccl6n de desechos y reciciables s6lidos operado por sus duenos prestando sus servicios a las comunidades a traves del Condado de Los Angeles. Tomamos gran orgullo en nuestro compromiso de servicio al cliente y de proveer to major en la recolecci6n de desechos s6lidos a las comunidades qua servimos. Si fiene alguna pregunta o inquietud, porfavor Ildmenos a nuestra linea gratuita a 1-866-270-5370 Atentamente, Burrtec Waste Industries Nosotros nos encargaremos- 26000 SpringbrookAve., Suite 101 • Saugus, CA 91350 •866-270-5370 • FAX 661-211-7876 . 111 Holiday Schedule Ihrrt.c West. industries . observes the following holidays: New Yew's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If the holiday fells on a weekday, services will be delayed by one day for that week only. Your regular schedule will resume the following week For example if the - holiday fats on Thursday then Thursday services will be provided on Friday and Friday services on Saturday, eta Them Is no Interruption In aervice If the holiday Is an Saturday or Sunday. )Discounts If you are a senior who Is 62 yeam of age or older you could be eligible for a 25% senior discount. Please contact our Customer Service �. Department for additional Information and/or' application. „ HDlky Item Pick -Up You may request two plak- Wps of bulky items and certain electronic devices each year at no additional charge. These Items will be collected on your next regularly scheduled collection day. Please call Customer Service at 11 24 hours In advance to arrange far a pick up. Holkley'rrees We will collect your holiday trees' placed at the curb on your regularly scheduled collection day between December 28113 and January 14th on your regular colleclion day. Tmes' longer than 0' must be cut In half. Please remove, ornaments, tinsel, flocking, and stands before placing at curbside. Flocked trees cannot be mcycled and need to be cut up and placed In your black trash cart. ROR-Out or Back -Yard Services Residents who are physically unable to take their cads to the curb am eligible for roll -cut or beck -yeas service at, no additional charge. Contact Bunteces Customer Service Department at (8(10) 270-5370 for additional. Information. , Renta -Bio Bumec Waste Industries offers - ,'•+ a three cubic yard rent -a -bin" for residential clean-up and special projects. Larger bins are alae avallahle. Used Motor Oil Recycling Burdeo will ' collect and recycle residential used motor oil for rREEf Please call our Customer Service Department for =in details. Urnit 3 containers peT madence per year. Sharps Collection Program Residents ') with home generated sharps can participate In the sharps collection program at no additional 'v'Q charge. Sharps conlamers am available for pick up at Burton% local Santa Cladla office. Once the container is filed, residents em asked to return - • the full container to the office for propor disposal. )_rp Unit 3 containers per residence peryesc J.4 - Horse Manure Service For those residents 'F& with horses or livestock, Burdec provides a 65 REA gallon brown adomated container for hose and I4. livestock waste. These containers are available ' at a nominal charge. Please call our Customer Service Derailment for more details. Additional Caret are Available. V01 Residents can rattiest one additional recycling cart or one additional green waste cad, or both, r at no additional cost. Additional trash carts are available for a low marU>ly tea. lel WARNING[ Please do not expose your trash collector or landfill to dangers such as: EXPLOSIVES. LIQUIDS THAT ARE TOXIC, ,(tj HIGHLY FLAMMABLE, OR RADIOACTIVE, ff OR ANY OTHER HAZARDOUS MATERIALS 4" INCLUDING PAINT. PESTICIDES and I'll CLEANERS. DO NOT place these Items in Ell; your cart. For more Infoaragon on Household - Harardous Waste disposal please cal i:'.', 1.(808) CLEAN LA. Important Pllone Nunthers and Hours of Operation Burrtec Waste Industries, Inc. (866) Z70-6370 200110 Springbmok Ave., Sia 101 Saugus, CA 01350 Monday - Friday, 0:00 a.m, to 6:00 p.m. For Information on - Household Hazardous Waste 1 (888) Clean LA (253.2952) County of Los Anger Department of Public Works (800) 993-6844 -- Monday Thursday 7:00 a.m. to 5:00 p.m. rw V Trash & Recyclables Collection Program Them0denlial aulomalodsolld waste conlMlon g�jp ranplovlded lar Ne Sante Chutta V,Oeyls dgned fo er(iclenfly collect fresh, andrecyr:Nblas. Yoursupporrendpaniciparlon In this program Is eppwcaled - , Residential Service consists of one lime per week automated collection of household trash, recyclables and omen waste. Please place carts at curbslde the night below or no later than 6:00 a.m. on the day of collection. As a courtesy to your neighbor, . promptly remove carts after service. . -Please place containers In street With Wheels II to the curb/proparty line and to one side of the driveway and three toot from parked vehicles or other obstructions. CAUTION Please keep children Tran playing ! now carts at all times. .Questions? - Plano call Durdec Waste Customer Service Department, between 8:00 a.m, and 5:00 p.m. Monday through Friday at (066) 270-5370. Black cart is for Trash Your BLACK Cad Is for Trash collection. Do not place trash In the Blue Recycling or Green Waste cart or It will not be reflected. Additional bash cads may be ordered for an extra monthly fee per cart, by calling the Customer Service Depart, renI If your cad Is damaged It will be repaired or replaced at no charge. Residents are responsible for those cats damaged due to negligence or abuse. .DO NOT Place the following materials in carts... Hazardous Waste Rlecimnlc Waste (pwductslabeletl ,(ebclmnlo equipment toxic, potion, such as computers, connotes, Baranable, Tv's, cell phoms, or ldiant) Waroweve ovens. etc) Fluorescent bulbs Autornulwe boosting Machinery Tires , paint Inleclluus waste Not ashes Oncluding used Pesticides - needles) Oil Harris manure Call 1-(888) CLEAN LA for hazardous waste disposal information. Blue cart is for liecyclables , Your FLUE Cert Is for ocyclabia materials (please see the list below of acceptable items). One additional Recyclable cart Is available upon request, at no additional charge. Don't forget that every ounce counlsl Recyclable items include... . Aluminum cam Mixed paper • Aluminum foil Newspaper Brochures raper lubes Catalogs Phone Books Cardboard at—AT Pleelicboitles Computer papa Plastic soda or water Glass battles Mars bevies . junkman Tissue boxes Magazines Used envetope3 PLEASE do not put trash Into the Blue or Olean Carts. Green cart ' Is for Green Waste Your•.al+lgmt Cart Is to be used for - green waste material (please see the list of acceptable Items). Gwen waste is recycled Into compost and mulch. Ona additional Green Waste cart Is available upon request, at no additional charge. 00 NOT USE PLASTIC ON PAPER NAGS FOR GREEN WASTE . Ali moodals must be pieced within the cart. Photic or paper bags are not acceptable. , 8mrohes and ties trimmings may be placed at curbside In tied bundles no larger than 4R. In length and 211. In diameter, and less than 65 Ors. Please contact our office to schedule an excess' green waste collection. Green Waste Items include... - Omen clippings Ties cuppings Baugh & climb Too Warnings trimmings Runlugs TWlge fi sme i branches Weedsfileavas -{cut dawn b@cart) - Non-aceeptabl® materials... R( Palm trends Cactus plants Z Pat waste Food wast, ' _ Dirt d rock RId of Parodies plants (A Controls Horse manure v Dias Festivos Observation we dos fmlWs qua obsenamos son: Ann Nuevo, OIs de Comoammad6n, Die de In Independ... W. Die del TmbaJo, Accl6n de Grades, Dia do Navmad. 51 so die pmlramedo Peru Is mcelaccl6n Co. on o despum do Un die festivo, dmante In semen. de ase die fesuvo - Is nowleuMn se relmsam par on am, los clients%del rueves lendrsn in, mcolead6n at vlaram y la mcolocci6n - del vier..%send el sdbado. La slgua nle semens Is mcoloccl6n m herd on set die regular pmpmmado. No habit Inleraupcl6n on at servklo sl of dim fmjvo can on sdbado o dmningo. penCuerU09 SI usled as mayor de fit allos, noted tontine ser olegrole para un descuumo do 25%. Para rads infunnacl6n o para pedlr on solcaud, lama a nuesim Depadamenlo de Servicio at Oriente. . Recolecc16n de Artict los Volflmiaosos _ISlad puede suscsar mcolocalones de adlcubs valiant- --hours y de dents apambe el.cbdnlcos dos vems.I 'moo stn costo adidonai. Eclat articulus sets. mcolacla- dos on so "Irmo d1a paogramado do mccleceft. Hurt in Depanamento do Servklu n Climate con 24 home do wildpaclui para one cila de recoleccOn. lArboles FestlVOS Nmolms fecateclemmus out uboles IosOvm colocedos on In eters on su am de mcoleccidn pmgramado entre at 26 tle d clembre y at 14 de ahem. Los drbolos qua son mos traps do fl' deben sen comedos par la milord Por lava mmuava Indo lips do adomm y bases. Los irbolas con neve adilicial no pueder, ser mdcladus y..rasps. ser cottedos y ' culocedos en su tootle negro da bosom. Contenedores Para Algailar Sooner Wa%le slduso s; nonan dlsponlble conlenedmes "rent -n -bin" . de tens yardas cabicas peen Is llmplaza resldenclal y ployeelos especial0s. Contenodoms mss gmndea turban estdn disponbles, -Serviclo de Tranpatle Losmsidenteaque no , puedan fiskamonle swear sus ca dAm e M aceta, son eligibles para at seMclo de baspalio stn costo adklonai. Llama al Depertamenlo do Servldo de Clients de Sumac a 1 (066) 270-5370 para mds Inlmrracl6n. Reclolale de Acelte de Motor Usado Sumer coleclws el ncela de motor undo of borde . de k aceta GIAPTUILAMENLEI Por favor de llama. -.urine Depadmenlo do Ssrvklo of ellenle Pam mos - delalles. Hay un nolle de 3 mclplenle , par madenda pm ono. Programa de Recolecelda de Sharps Los residenles con articulus sharps (punllagudos) genemdos an of hogm pumm pmllclpar an e1 programa de recob midu do sharps (amoulos Roan. agudos) In nhgdn colvo adi denal. Los mclplenles Sharpe estAn disponPoles part quo Im mco)a an o 0110na local do WOO en Santa Cladta. Una voz quo ee Ilene at 1.6pleula, se k plde a los msidentas quo . mgmaen al recipients lana aIn oficlna part dssachar Its coutenldos en fame eplopiada. Hay un tante de 3 mclplentas per mwdmcla pm ane. hotiolie iclOn de Estl6rcol de Cabello Para aquellos resldentes que lengan cabagos o ganado Bumac Novae ten tecipienle de cola caf6 de 65 galonos pare tot tlaspemidos de caballo y genado. Eslas mulplenles.skin dlsponlbles par an colors mildmo. - . Canthus adtclonales eaten - dlsponibles Resldenles puadon solicitor on curio edidonal para las mutilates rectobblea o an comb Pam los desedim veoles o ambos, in costo adklonal. Los comites adklonales part In basun aslsn dlaponlbles at costo de $5.00 monsuales par cadaatmlosolc0ado. IADVERTENCIAI Par favor aro exlmnga a so mcoleclm do bosom o relkno stalled. A maledalas Peligrosos roles tomo: WLOSNOS; LIOUIDOS TOXICU5, INFLAMARLE. 0 RADIOACTIVE; O CUALOUIEII OTO MATERIAL PELIGROSO INCLUYENDO PINTURA, PESTICIDAS y LIMPIAOORES. No marine eslm adlculos an so molls. Para mis inloanpcl6n eobm tomo deshamme de Desuchos T6xlcos del Hogan. Items' at 1-(050) CLEAN LA Teldlonos linportantes y Boras do Operad6n 9arrtec Waste Indaetdes (86s) 270-5370 - 26000 Sprhtgbrook Ave., Ste 101 Saugus, CA 01350 Lupi a Y)emes, do 0:09 a.m. a 5:00 p.m. . Para Intormac16n sobre Desechos Wx1cos del Hegar 1(008) Clean LA (253-2552) Condado dd Los Angeles Deplartamento de Obras Pebllcas (055) 993.5844 - tades a Jusyss 7:00 a.m. a 5 p.m. W v R1 Prograzria. cue Recolecciou. de. Basura y Reciclables Fl programa de reccleccidn autumalizado tle basura y raciclables para to comunldad del Valid de Santa Clarda este disedado a recolecclorer de one mar ira efGclente. Le ayrodecemos su apoyo y particlpacldn an "los programes. Ll Selvicio ResidC11601 consists, en Is recWeccl6n una vex a Is Serrano de basura de case, mciclables y desecho verdes, Por favor coloque los carrilos an Is scars Is "oche antes de Su reepleccl6n o a Ins 6:00 -do Is maaana el dia de su mcoleccl6n. Como ,qpriesla hada sus vecinos, remueve sus cantos despu6s d01 servlclo. . Par favar pangs los caritas en la calla can Ins ruedas at Indo de to acera a on Indo de Is entrada de caches y fres pies re0radps de cueiquler ob)elo cemano o vehiculo. IPRECAUCLONI Por favor no pennitgque los nifms )ueguen Sema de los caritas. 1PreguniasZ ' Por favor comuniquese con at Departamonto de Servicio al Clients de Burrloc Waste, de. lunes a viames do 8:00 a.m. a 5:00 p.m., al - 1-0130-270-5370. El carrito N es para Baut ra Su carrito negro es pare Is mcoleccw de Rasura. No coloque basura denim del Semen Para at Hedclaje (calor ezuf) o deafen del cardio para ins deseatm varcies (color verde) o no sera coleclodo, Cantos adkknnles para Is basum pueden ser solefla loo Aamande, at Departamanio de SON100 • at Clients. SI su Sento an dagado sora repamrb o' reernplaradn sin costo alguno. Los clientas ser' responsaWes por Jos cardiac danados debido a Is rnegllgenuja o ebuso. No Coloque ION Higuientes tnnteriales en sus Ca[{tONL Deaechos 16xlcos pesechos elacb6nloag (psaducros l6xkos, (aparelos eiacu6rticos venonases. conosivos, come compuledorns, nemabin, o Inlfantes) . talevisoms, 1e14lonos Faces tluoresconles SolWares, microondae, etc.)' Ma4ubwria Balerias do autonrtvd Plnlum Llanlas 'Conizas delenms Umochos lnfeccioeos (lnckyondo agulas Mertes) Pesticides Esti6rcol de caballu Acalle (Jame a: 1-(888) CLEAH LA para InformaGdn sabre Is d'rsposicl6n do estoe producing. El carrito Azul es pant los Radclables Su e,anilo sszut as pare los materleles reciclabies (par favor "a Is Nato slgulente do materiales ecoptables Pare at Hecidaje). Usted puede oblener un Senile, adiclonal Pam los matenales Heclelable sin costa adicionel• ]NO as olvide, quo cads oras cgenlal - LOs OILiCU1Os TOCIdUbliM Incluyen... Lotea tle aluminlo - Papal maniado r Papel de aluminlo Par16dko foselos T boa ds Papal Catdlogotf " aides 1e1e16akes Cad6n Hedplenles do plAslico (Ri at?) Papal de compuladore Bolailas do pl6slico de Batellas y envases de soda o spun viddo Colas tle panualoo Coreonoeoliciladd facisles Hevistes Sabes POR FAVOR no coloque basura dontro de los Carrltas Azules o Verdes. ' El carrito Verde as para los Desecbos Su carrito as para los desechos Verdes�por favor van In Data slgulente On maledales aceplables). Los desechos venies non reclelados pare hater hater abono. Usted puede oblener on comb adielonal para los desechos verdes sin costo edlclonel, a Is Orden. NO USE SOLSAS or PLASTICO O OE .PAPEL PAM LOS OESECHOS VEIIOES Todo material dabs ser coiocado denha del caaito. Balsas do piasgco o do papal no sun aoeptables. Les tf,rras y los recortes do arbol ponder, ser colocados on Is acera en bullas. amdos quo no mention a pies tle Is y 2 pies de didmelro y marcs de 65 IDS. Por favor de comunlcerce can quealm oflcina pare one Site de racolecG6n. . Log srticulon de Desechoo velides lncluyen... - C6eped - Main Hiama y holes - 'Hocadesdorlrbol. Nbmlq Hames do hbal 'hamitasy pequorl" Hierbalm; ramas(reducldoPam parlor on at wadd) Meterlales qua no son scoptables. Palmas% Nepal, RI -Hetes de Animal Desech6s de comida = • Tleraypiedres. Plagtas deParelav Cgncrfito Estl6mul da,aabaso, W_ —I W v Santa Clarita Valley Franchise Trash Collection Schedule 5 0 1P 1Jkwy 1 Ventura 3 vet:. a`' County r i,` �a City of Santa Clarlia ^t i� (Not part of new services) Jt. W+ E T 9A 13URRTEC WASMWOU81'NIE9, MM. ••N607h, 6vO/p•• 1-866-270-5370 .NP 0 Collection Schedule Area Number 1 1 1 2 3 4 5 Plck-Up-pay Mon Tue We Thu Fri int GRASSCYCLING Grasscycling is the natural process of leaving clippings on the lawn when mowing. The clippings quickly decompose, returning the nutrients to the soil. This can reduce water and fertilizer requirements, mowing time and the cost green waste collection and the cost of processing waste. Proper mowing is required for successful grasscycling. It is best to cut the grass when the surface is dry and keep the mower blades sharp. Follow the "1/3" rule; mow the lawn often enough so that no more than 1/3 of the length of the grass blade is removed in one mowing. You can usually grasscycie with most mowers. Simply remove the collection bag and allow clippings to drop on the lawn. If your mower does not have a safety flap covering the opening where the bag fits into a chute, contact your local retailer to purchase a retrofit kit. Mulching mowers and blades are also available, Holiday Schedule Reminder Buntec Waste Industries •July 4th observes the following holidays: • tabor Day When the holiday falls on a • Thanksgiving Day weekday, collections for the • Chrgonas Day remainder of the week will be • New Years Day delayed by one day. • Memorial Day 1 Green Waste Green Waste Collection is provided using your 65 -gallon barrel. All material must be placed in the container. blastic or paper bags are not acceptable. Tree trimmings and branches may also be placed at curbside in tied bundles no larger than Oft. in length and 2ft in diameter and less than 65lbs. Please call our Customer Service Department at 909.822.9739 for more information. Acceptable gram waste material Grass clippings Leaves Tree trimmings Brush Prunings Shrub trimmings Weeds Twigs Small branches Non -acceptable material Animal waste Cactus Dirt Food waste Palm fronds Rock Concrete Bird of Paradise Reminder on collection day, please place your containers in the street, at the curb, or near the comer of your driveway. Barrels should have the handles toward your home The barrels need to be placed at least 2 feet away from any obsbvcbon such as a fence, mailbox or vehicle. All barrels must be curbside by 6 D a.m. on your service day. In accordance with the City ordinance, trash containers cannot remain at curbside more than 24 hours before or 12 hours after your scheduled collection day. Bulky Item Collection Are you replacing an old sofa, water heater or refrigerator and dont know what to do with it? Well take care of it Residents can request up to two curbside wilections of large or bulky items during a 12 -month period. Limit of five items per collection. This program is FREE and designed for your convenience. Please call our Customer Service Department one week prior to your scheduled collection day to arrange pickup. EXHIBIT 3D Recyc[ingTips The following Is a list of items that should be included In your recycling barrel: • Aerosol cans (must be - completely empty) • Aluminum cans (please do not crush) • Brochures • Cardboard • Cardboard beverage carrier • Cereal boxes (remove wax paper lining) • Computer paper • Coupons • Glass bottles/jars • Glass cosmetic bottles • Junk mall • Laundry bottles • Ledger paper • Magazines • Metal coat hangers • Newspaper • Paper • Paper tubes • Phone books • Pizza boxes • Plastic milk jugs • Plastic bottles #1 - #7 • Tin cans • Tissue boxes • Used envelopes • Wrapping paper The list is always growing so watch for updates In the future and feel free to call our Customer Service Department with any questions. Household Hazardous Waste Collection L. The City of Fontana's Household Hazardous Waste facility accepts the following items at no charge: television sets, computer monitors, motor or, -'J filters, antifreeze, weed killers, pesticides, paints, household cleaners, solvents, fertilizers, batteries and other items which may pose a hazard to the environment 'rhe facility does not accept business waste, or explosives, infectious or nuclear waste. Residents must bong their Surttec trash bill. Hours: Saturday — Sam to 12 noon (Closed holidaYty'eoekends) 16454 Orance Way.Fontana. C4 92335 ,MOO RECICLANDO SACATE EI sacate se puede recidar por medic, de un proceso natural cuando deja los recortes de sacate en el pasto. Los recortes rapidamente se disipan I.,ldevolviendo los nutrientes a la tiers. Esto puede reducir Ins requisitos de ferdlizante y agua, el tempo para .tar el pasto, el costo de la coleccldn de desechos verdes y el costo de procesar los desechos. Cortar el sacate apropiadamente es requerido para poder redclar sacate. Es mejor cortar el sacate cuando la supeficie esta seca y mantener las navajas del cortacesped afiladas. Corte el pasto a menudo de modo que no mas de 1/3 parte de to largo dei sacate sea cortado. Usted puede por to general redclar sacate con la mayoria de cortacespedes. Simplemente quite la bolsa de coleccion y permita. que los recortes se caigan en el pasto. Si su cortacesped no tiene una tapa de seguridad que cubre la apertura donde la bolsa Cabe en una tolva, pbngase en contacto con su tienda local para comprar un equipo retrofit. Recuerdo de Horario Festivo aurrtec Waste Industries - 4 de Julio _ obsera Ins siguientes dfas de • Dia del Trabajador fiestas: • Dia de Gracias Si el dia de fiesta mi entre . Navidad semana, colecdones durante , Ano Nuevo el resto de la semana seen retrasados por un dfa. D:a Canrnema_eobn 1 Basura Verde La colecci6n de desecho verde as proporcionada usando su bardl de 65 galones. Todo el material debe ser colocado an el contenedor. Bolsas de papal o plastico no son aceptables. Los adorns de arbol y las ramas tambien pueden ser colocadas en su banquets an bultos atados no mss grander de 4 pies el long"Ihid y 2 pies en diimetro y manes de 65 li.bras. Por favor llame a nuestro Departamento de Servicio al Glente al 909.822.9739 para mss informacibn. Material de desecho verde aoeptable Recortes de hierba Pequenas ramas Adorns de arbof Hojas Podas Cepillo Hierbajos Adomos de arbusto Ramins Material no aceptable Desperdido de an" Nopal Tierra Da perdiom de mrnida Hojas de palma Piedras Hormig6n Ave de paraiso Recordatorio En el dia de cole¢6n, favor de goner as barriles an la Calle pegado a la banquets o Cerra del amino de entrada de mrhes. Los barnies deben de tener las agarradems hada su mss. Los barriles necesitan de ester por to menos dos pies de retfrado de cualquier obstrucd6n, ya sea cercus, buzones o carros. Todds las baniles deben de ester afuera a las 6:00 a.m. an su dia de servicio. De acuerdo a la ordenanza de la Ciudad, barriles no se pueden quedar an la Calle mis de 24 horns antes o 12 horas despues de su We de servido. Articulos Grandes i,Esta reemplazando un sofa Viejo, mlent6n de ague, o refrigeradory nosabe que hater mn el? wosobw nos enmrgaremos de eso! Los residentes pueden solicilar haste dos colecaones de articulos grander durante un periodo de 12 meses. Urnite de dnm artfculos per mleo i n. Esta programa as GRATIS y as disenado para su mnvenienda. Por favw p6ngase an contacto con nuestro Departamento de Servido al Ciente una samana antes de su dia de colecd6n para arregler b remgida. EXHIBIT 3D Consejos de Reciclaje La siguiente as una lista de articulos que deben ser induides an su barrii de reddaje: • Las fates de aerosol (deben est? completamente vadas) • Las latas de aluminio (por favor no las aplaste) • Folletos • Cartulina • Portador de bebida de cartulina • Las cajas de cereal (quiten el forro de papel) • Papel de computadore • Cupones • Botellas/tarros de cristal • Botellas cosmeticas de cristal • Propaganda • Botellas de lavanderia • Papel de libro de contabitidad • Revistas • Ganchos de ropa de metal • Peri6dico • Papel • Tubos de papel • Guias telef6nicas • Cajas de pizza • Botes plasticos de leche • Botellas de ptastico #1— #7 • Latas de estano • Cajas de L'Jeenex • Sobres usados • Papel de envolver La lista siempre sigue credendo asi que este al pendiente de m6s articulos en el futuro y sientase fibre de flamer a nuestro Departamento de Servicio al Cliente con cualquier pregunta. Colecd6n de Materiales Peligrosos de Casa . _ La faa1idad de Coiecd6nes Materiales Pel•Igrosos de Casa de la dudad de Fontana acepta los siguintes artidos sin costo: teievisio,. , monttores de compuladoras, aceite de carros y filtros, anticongelar pesticides, pinturas, limpiadores de rasa, solventes, fertiltzantes, baterias y otros articulus que pueden ser un riesgo al ambiento. Residentes tienen que enseilar su fadvra de Bunter. Horns: Sabado — Barn a 12 medio dia (Cerrado fineslsernana de fiestivos) 16454 Dranoe Av. Fontana, CA 92335 EXHIBIT 3D Holiday Schedule Reminder Asa reminder, Burrtec waste Services observes the following holidays: chrictmas Day New Year's Day Memorial Day July 4th Labor Day When the holiday falls on a weekday, collections for the remainder of the week will be delayed by one day. Burrcec Waste Services (626) 932-1555 �C3£Eliilizll"_t�.T 1,1C�1111�J oct,Db,er 19, 20, & 21, 2006 8:00 A.M. - 2:00 r.ns. Don't miss the cleanup in Bradbury TO be held October 19, 20, & 21 we offer three convenient drop-off locations: 1) City Hall 2) corner of Mount Olive & Gardi Street 3) comer of Deodar Lane & BIIss Canyon Road Burr=vg supervise the disposal site. Please be prepared to provide proof of residency (your Burrtec bill works great!) The trash containers will be removed daily to monitor disposal, We will be accepting all residential nonb2z2rdous waste. No rias, commercial waste andhaurdous wasm if you would like more information about temporary containers for large cleanups, renovations or remodelling projects, please contact our Customer Service Department. Believe it or not, approximately 80% of your holiday trash is rmTdable. All the gift boxes, wrapping paPer� greed ids' and cardboard packaging are items that may be placed in your recycling barrel. If you still have excess trash, just place your al time of year iends together ay season we C 1� ` ;` iLkj d your family � -1. isana - TreC CC)Tliectiolz Burrtec Taste Services will collect your Christmas tree at curbside after Chrisrrnas (December 26, 2006 through January 12, 2007)- Simply Put your Christmas tree next to your trash containers on your regular collection day. Trees over 6' need e` to be cut in half. Please take all ornaments and metal stands o$ of thctrec. No flocked trees please. Please call 626.932.1558 with any questions you may have. trash in bags alongside Your trash barrel on your collection day the week following Christmas and New year's Holiday (December 26th through January 6th)- The driver will be instructed to take this additional trash for these weeks only. I Customer service Information Office Hours: Monday - Friday 8:00 A.M. to 5:00 P.m- Phone - (626) 932-1558 ADDRESS: 1017 W Gladstone Azusa On collection day, pL-ase place your containers in the street, at the curb, or near the comer of your driveway. Barrels should have the handles toward your home. The barrels need to be placed atleast 2 feet away from any obstruction such as a fence, mailbox, or vehicle. All barrels must be curbside by 6:00 ear. on your service day. Gr'i ea 7; is Burrtec Waste Services provides unlimited green waste collection. JO� All material must be placed in your container. Plastic or paper bags are not acceptable. Tree trimmings and branches may i also be placed at curbside in tied bundles no lager than Oft in length and 2ft in diameter and less than 65 lbs. Please call our Customer Service Department at (626) 932-1558 for more information. Grass clippings Leaves Tree trimmings Brush Pru"' Shrub trimmings 7eeds Twigs all branches Animal waste Dirt Palm fronds Concrete Cactus Food. waste Rock Bird of Paradise EXHIBIT 3D for Special Cleanups ' We offer 3 -yard In 40 -yard containers for residential cleanups and special projects. Please call our Customer Service Department at (626) 932-1558 for more information. Req -iLig Tips The following is a list of items that should be included in your recycling barrel: Aerosol cans (must be completely empty) Aluminum cans (please do not crush) Brochures Cardboard Cardboard/plastic beverage carrier Cereal boxes (remove wax paper lining Computer paper Coupons Glass bottles/jars Glass cosmetic laundry bottles Ledger paper Maw „nes Metal coat hangers Newspaper Paper Papertubes Phone books Pizza boxes Plastic milk jugs Plastic bottles #1 #7 Tin cans Tissue boxes Used envelopes Wrapping Paper bottles Junk mail ' c� The list is always growing. Watch for future updates and feel free to call our Customer Service Department with any questions. Are you replacing an old sofa, water heater, or refrigerator and don't know what to do with Burrtec Waste it? We take care of is Residents can request'up to two curbside collections of large or bulli. Services items during a 12 -month period. Limit of five items per collection. This program is FREE and designed for your convenience. Please call our Customer Service Department one week prior to your scheduled collectid.E&y to arrange pickup. .9- EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B. 9 - WASTE DIVERSION PROGRAM Customer Recyclables Diversion Education Program Burrtec Waste Industries, Inc. (Burrtec) is committed to assisting the County in achieving its waste diversion goals. Our development and implementation of waste diversion programs has been the key to our success in the many communities we serve throughout Southern California By targeting select materials in the residential, multi- family, commercial and industrial waste streams, we have increased diversion percentages and decreased the amount of material disposed of at local landfills. Residential and Multi -Family Premises Our proposed residential program will include the basic services requested by the County Franchise Agreement. All single-family services and selected multi -family services include one 95 -gallon cart identified for the collection of recyclables Residents will receive initial information on acceptable recyclables in addition to periodic updates and reminders. The acceptable materials list will also be labeled/hot-stamped on the container itself Additional recycling carts will be available on request. Residents will also receive one 95 -gallon cart identified for green waste collection Residents will receive initial information on acceptable green waste in addition to periodic updates and reminders. The acceptable green waste material list will also be labeled/hot-stamped on the container itself Additional green waste carts are available upon request. As per the Franchise Services Specification, bulky items, E -waste and CEDs will also be collected and processed to achieve the maximum diversion. Customer Recyclables Diversion Education Plan At a minimum the diversion goal for the residential and multi -family solid waste collections program will reflect the current State requirements, currently at 50% This number may increase in future years and our programs and processes must meet that demand. Burrtec records all solid waste tonnage collection on a daily basis. Our methodology includes categorizing the tonnage by material type, route, and collection day This information allows us to target participation, contamination, and overall waste generation. Our efforts can be focused on any and all areas in need of improvement as well as reinforcing positive results from good recycling practices. At' the end of each month this information cumulates in a Waste Generation and Diversion Report that specifies total tons by material type. All diverted materials 123 EXHIBIT 3D tonnage (recyclables, green waste, metals, wood, E -waste, CEDs, etc) is totaled and compared to total solid waste collected A diversion percentage is established at that time for that month Another tool used in the establishing of the monthly diversion number is the waste characterization report received from the material recovery facility that is used to process the collected recyclables. By using periodic sampling, the facility determines the average commodity markup of the recyclables that are collected in a commingled or mixed fashion. It also reveals the amount of contamination or non -recyclable material that is present in the total tonnage collected. Source separated material that does not have mixed commodities such as green waste, is weighed, cleaned from contaminates, and then processed All clean processed material tonnage is calculated and used to determine the diversion percentage. Through up-to-date collection methods, processing and detailed recordkeeping of all information, all programs can be evaluated for effectiveness and productivity. These results determine, once again, where we focus our operational and educational efforts and the overall success in meeting our diversion goals. Our approach to successful recycling and diversion programs is simple • Provide a wide selection of acceptable materials • Offer a simple yet complete collection program • Implement a public education plan that encourages participation and diversity An important component of diversion education is community outreach. Burrtec proposed to identify community outreach efforts based on an annual calendar of events In addition to meetings and presentations to key accounts such as property managers and site managers of multi -family facilities, an ongoing schedule of presentations to local chambers of commerce, school districts and service clubs will be developed A quarterly newsletter will also be mailed to all accounts giving the most up-to-date information regarding recycling information, community information and diversion related articles Publiceducation and community relations are vitally important during the transition period and throughout the term of the Agreement. Burrtec Waste Industries, Inc., has successfully implemented a variety of solid waste transition and collection programs, each of which has included a complete community education element One of the most important elements of this transition for the County of Los Angeles will be extensive public education activity and hands-on community involvement. Burrtec Waste Industries, Inc., in association with the County, will develop a community education plan with the following objectives. Maximize Diversion and Recycling Tonnage 124 EXHIBIT 3D • Reduce Source Waste • Buy Recycled -Content Products • Spread Anti -Scavenging Messages • Increase Recycling Participation The plan will incorporate the following components. • An Expanded Recycling Program • Praise for Residents for Reaching AB 939 Goals • Raise Public Awareness — "The New Program is the Next Step to Success" • Support and Expand the Existing Recognition Techniques • Coordinate Education Programs with All Groups in the County • Maintain Program Information in English and Spanish The program will be updated each year and will focus on the following areas. Service Brochures These brochures will describe the County's solid waste collection, recycling, and green waste programs and will be mailed or delivered to each residential and multi -family customer before transition begins. Fliers Burrtec will develop and distribute information flyers on an "as needed basis," with County's approval, to further educate residents and reinforce recycling programs. Quarterly Inserts Quarterly, Burrtec will develop and distribute to residential and mufti -family customers a newsletter containing timely information on services provided, recycling, community events, holiday schedule, bulky items, E -waste, and proper disposal of hazardous waste School District Solid Waste Recycling and Diversion Program This program will be designed to complement the school curriculum and increase County's diversion. It will be implemented at all schools in the County serviced by Burrtec. Highlights include, 1. Display Materials for School Assemblies 2. Participation at School Assemblies 3. Guest Speaker Programs 4. Judging at Science Fairs 5. Educational Handouts 6. Classroom Activities 125 EXHIBIT 3D Burrtec has always taken an active role in community service and events. Our presence and involvement at events lets residents know we are committed to the County of Los Angeles- The Burrtec presence also reminds residents to think about their refuse and recycling practices, whether or not the event is tied to solid waste. Burrtec will provide personnel, equipment, collection services, promotional items, and cardboard trash boxes, at no charge, in a continuing effort to educate the public, promote solid waste awareness, and support the County Following are examples of community services and events in which Burrtec will participate: 1. Chamber of Commerce 2. Service Clubs & Activities 3. Youth Organizations 4. School Sports 5. Community Meetings 6. County Celebrations - Parades, Pageants, Fairs Source reduction is a constant public information and education effort. Through all of the items outlined above, Burrtec will continue to improve source reduction and encourage residents to "Reduce, Reuse, Recycle," This is a brief overview of our public education and community relations program. Greater detail regarding public education efforts during the transition period, are provided in the sub -section Transition Plan. Burrtec pledges that all objectives, components and materials, outlined in Agreement will be included in the program for the County of Los Angeles Please refer to the Appendix Section for samples of public education literature produced by Burrtec. Additional Diversion Programs E -Waste Drop Off In conjunction with the community cleanup and curbside bulky item collections program, Burrtec proposes to offer a centrally located E -waste drop off site for all residential customers within the Los Angeles County Santa Clarita Valley Franchise service area. Residents will be allowed to bring up to five E -waste items to the operating facility at 26000 Springbrook Ave, Suite 101 in Santa Clarita. This service will be provided as part of the basic services with no additional charges. Sharps Program Burrtec will provide qualified residents with a sharps container at no additional cost. Home generated sharps, such as needles, syringes, and lancets, should be placed in a sharps container and removed from the regular household waste stream and minimize exposure to solid waste workers and recyclables processors. Participating customers can pick up a sharps container at Buntec's local Santa Clarita office. Once the container is filled, residents are asked to return the full container to the office for proper - disposal and can pickup another container Limit 3 containers per residence per year iP41 EXHIBIT 3D Quarterly Recycling Contest Effective residential recycling efforts are an integral part to a successful curbside recycling and green waste diversion program. To reinforce these diversion efforts, Burrtec will provide financial incentives to participating residents on a quarterly basis Residents will be encouraged to sign up for a quarterly contest where selected residents are eligible to receive awards for meeting the criteria and guidelines of the recycling and green waste diversion programs. Contest information and program winners will be announced in the quarterly newsletters. Used Oil Recycling Burrtec will provide curbside collection of used oil for participating residents. Said collection will be provided on the first Tuesday or Thursday of each month and must be prescheduled for collection. Used oil must be placed in Burrtec provided plastic containers that are available upon request by contacting the Customer Service Department. Limit of 3 containers per residence per year Earth Day Mulch Reuse Program On the Saturday preceding Earth Day (April 22nd), Buntec will provide residents with free mulch. The mulch can be used on gardens and lawns while promoting the green waste recycling program. Residents will be asked to bring their own containers to fill. Limit of twenty gallons of mulch or its equivalent. The mulch giveaway program helps the environment as well as closes the loop in reusing processed green waste. Unlimited Green Waste Collection Burrtec will collect unlimited amounts of excess green waste from residential customers. The excess green waste can be placed in customer owned barrels, plastic bags or tied bundles (not exceeding 4 feet in length, 2 feet in diameter and no more than 65 lbs) Customers must contact Burrtec in advance to schedule the excess green waste collection This unlimited collection allows customers to dispose of excess green waste during seasonal fluctuations. 127 EXHIBIT 3D GREEN WASTE ONLY 1 DESECHOS VERDES SOLAMENTE ACCEPTAB!NACEPTA&E NOT • Debrs Lwes Dn GArCEPTABLE810 C=afnEluMoam41Cmmueaor, elan cipftlPaz BlmnrcN fibro : , .�,;�c-y.. t•11�i h^a-!��!, � DirVTNna wtw Benne Blmb'YwrtMb �y':. a Pelm 7te7l®nops R:mMa d: PeLana: eaA llUCAwm Pnm Frm' Hopi de PMaafN TWe Teimnnpt'RtmMe de Abok$ GearCana, RxkL PieaN NO WZUDOUS, JOILD OR raECTROMC WASTE Pink orPaper Bepai bob" de PNetia O di Papel NISEP9ffrDESECHDSTDAC0S. P9mmsY:I1MDD5 AnonslWuWFAhdraddeAnte' PwYonhbne Mbar i.W dnpm dHPPRhW Pm*- AS Ramd eW Pn mH ftwMm de dreams hast.; PeLyesPMPcfwc Iva a RECYCLABLES ONLY to ANMWA07AM REC(CLABLES SOLAMENTE Whim,}® AllmwuTn and hktd lCanshatasdeAlumm mwreaw a dant Creomdwe weeBnb AW pdoMew dYaa an YMWraa Ck*w iwdDmwwn 'Cardow rCaftea NO NA2A us0 UQUDORLETRW:WASTi PIl*httles o5LN)s ToXMS, PEDGRJ50S T'JWDOS N) JERM RECOIE:TADOs Was dePlasto FURMJUIDUtla&Wliff'm*VA hMuDNHsmltlM040Menial CRL' a GlessM1rlQrio PYBrOE DdxDNZN:de dwdos dmsfixt w4mx pxtwar kut 1ARO wa NDT AX47TA UNO XEFMU M GarbagzBasora e flaldi�.lQDldes M Battaries,Baterias M Diapere?aAales Drees Waste'Dmbos Verdes TRASH ONLY/BASURA SOLAMENTE Paha FrondsMgas de Palmeri Normal HomUd Wastealesechos Domesdces Nm W Aural WasiebeseChos de Animal NOT ACCEPTABLENO ACEP'TABLE ROCK DrieRedras, Tina Grain VVRF% wct" Verdes RecydablesrRecdables COncrete'Ccr l0 Coastracdon DeWs Resrduos de CD.mtrUCCI'Jn `Hazardous WasteDesechos Perkjo s THE FOLLDWNG HAMRODUS WASTE MATERWSB ARE NOT ACCEPTABLE yMWneee, KmcbWd Cemex, Raw 01 Pack TNPne4 Pleb- Ina w W4—d) FOR MORE INFORMATION ABOUT HOUSEHOLD HATARDOue WASTE MATERIFLa CATI i INR) CLEAR LA DESECNos PELSGRosos OOMt:neos IMMM TODD LO CLASFULD COMO TOLCO. RAMABLE OR RR,TM^E' VuwnpYantm Ugwdo pm llumlem Damatea Amb de APOmdeaa. DRV" W PtMry Phdwu likey ab dew b) PARA MAS NFORMACION DE DESECHOS DC TtlTN.Oi PEUGRDSOa POR FAVOR LIAr. A 110001 CLEAN U To Rtgmt RePMwmzN vdaAddedenn CDPOIne 5l Coraeet Bmhe W01 225441T Pan ReempLLsw yk Pede it b,$)Adnm.Hs Uw. 8o (9 0 01 -325441 128 EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item B.10 - ALTERNATIVES TO FULLY AUTOMATED OR 95 -GALLON CARTS This item consists of a pages (including this page). Initials:- Datecj/_� tials:�') P. Dated:_OggID 3D Og FRANCHISEE COUNTY ifr01, EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B. 10 - ALTERNATIVES TO FULLY AUTOMATED OR 95 -GALLON CARTS. Locations that are difficult to service with automated curbside collection vehicles will be offered manual collection scooter service with the same aggregate capacity as the 95 - gallon containers. This service will be provided at a surcharge as provided in the rate schedule. Customers with space restrictions for cart storage or at the set -out site will be offered alternatives to the 95 -gallon carts. Burrtec Waste Industries, Inc. (Burrtec) will provide alternative containers having the same aggregate capacity of 95 -gallons. These akernatives will include a 65 -gallon and a 35 -gallon container at no extra charge. If a qualifying, elderly residential customer requests a 35 -gallon container, Burrtec will provide said container so long as the customers can dispose of all his or her refuse inside the 35 -gallon container and does not commingle refuse in his or her Recyclables or Green Waste Cart(s) 130 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.11— COUNTY -APPROVED SUBCONTRACTORS This item consists of :I- pages (including this page). Initials: Dated4oh, $/ nitjaLs:C Dated: tl� 30 CHISEE 131 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.11 - COUNTY -APPROVED SUBCONTRACTORS Burrtec Waste Industries, Inc. (Burrtec) will not utilize subcontractors in the performance of the day -today operations within the context of this franchise agreement. Rehhg is a County approved subcontractor and has agreed to supply Burrtec with automated carts as presented in the RFP Per the attached letter with Rehrig, carts will be manufactured and supplied to Burrtec. Residential Carts The information for the cart manufacturer/vendor is listed below- Rehrig Pacific Company Blair Chastain 4010 East 26`h St Los Angeles, CA 90023 (323)262-5145 (323) 269-8506 — fax Burrtec has no ownership interest in Rehrig Pacific. Refuse Collection Vehicles Diversified Truck Center of California, Mira Loma is a County -approved subcontractor in that Burrtec has purchased refuse collection vehicles (as demonstrated in Section A2 of the Franchise Documentation) for the Santa Clarita Franchise Area The new alternative fuel, CNG powered, refuse collection trucks will be the property of Burrtec and will be used in the Santa Clarita Franchise Area. Burrtec does not have any ownership interest in Diversified Truck Center of California The information for the refuse collection vehicles can be found below: Diversified Truck Center of California, Mira Loma Mr Jerry Dalton 3777 De Forest Circle Mira Loma, Ca 91752 (909) 685-3456 — (800) 9D9-8785 Fax (909) 685-2788 132 oramsiFIED TRUCK CEKTER 3777 Da Forest Ord* HIM Lotti,CA 91752 Phone 951-685-3450 FIRM 951.685.2788 m BurrW Waste tndwtries 9M o,@" A� xmT cml AM CASK Milo M W*WJ' STM* fmotN.Em= uEj TAY oxiR r LmEm rie EXHIBIT 3D INVOICE Imv*tcB N 32609 DATE: MARCH 26, 2008 poft NEW 200 AUtQW W04104 ;M • svaKTjjW ZC1611 YJK / Sy 1D7{11 ny � yyr�rg(2trC0Yi� J:M sycDo&LpdQ9]dls v1n � Sy@CJ1�20761f yp 0 Sy ap7E17 vs. svmcUflW a7s.e J:A a SvoopCS MaJZ0]6i9 ,9a � «p�gE]SrRO]6Z0 PURCHASE ORDER i LZMP TER34S. p1A MAY III, 2OU lE� D=O11fIT IF ;,= W AMM Sir 2poi IITK Mo. an c-fts pare to or+er��a 7ruri sada if Y9ii law arty Tvr Ens CaxvMv 1MIZNwa i~ Vkk* ft;o'i4 451-bg -Mm Thank Yon w your hudtnrsal 133 3777 De Forest arae Mrs Loma, CA 91752 Phone 9S1-685-3456 Fax 951-685-2.788 To- 8urrtec Want Industries mb Cherry Ansa. roae.aa, u 12339 ATTRL CME BURL ■M rpio 2=AL7x4N WXaA Ynt s 5KDCGL ENK2O7621 EXHIBIT 3D INVOICE J INVOICE,# 207621 DATE: 5/ 19108 . wso�t�rww awoLrrr CASH MCE 2M www AVr=a � rECF.tUI flt� SU -95 TAX Doc REE ummw FEE i ToTM IF Nate am c,*= PaYat* m ohvww'ru* oea;er U VW hl a air 7ueA CW -0100 ms rN , aa -tea Tkkt Ympu4 9514/5.3456 Tkank you for row bwom", 134 DNERMFIED TRUCK CENTER X777 D* Forest Circle MWa Loma, G 91752 phone 951-645-3456 Fax 95i-645-2789 TO: Burrtet Wast* industries n.ue.. a gas ATrul=x WRR P[xftimcx uyl Pt= 200E W=m AVT.VdN FT,DCMAI OCTfr SALL$ TAX DOC KE UmNa RZ w& NEW m Ana-" WMIS, VIN= 0060P P syp-'6t-yEM20" TOTAL NW V 0, [MLU "bdl 10 PIW104d vfJ�+{ Yy'Ww� 951bH�'.)EiE if -tw MK MY QARim{ CO Ma , Tank y" toe yowr txestn E 135 EXHIBIT 3D INVOICE INVOICE 9 207624 DATE: $121/08 ILMWJKT DIVERSMED TRUCK CENTER 3777 De Fnrsst Bede Mira Lorna, CA 41752 Phone 452-635.3456 Paz 951-665-2788 tP. sun'tec Waste Industries 900 CMwT Av m FOooa, CA 92M ATM COLE OV" D09CRSPTw" CAD+ vR= 2000 WJM&4 a,urX" $ALM TAX ODC rg 100 vw PEE PM, NEW 2000 AUrOCAR W%R65 slocr so"=S M a svmceiEzeM3ats2s yore* Mate a0 amds py;lbk W DhcaTUD Truck C' L. you neve am Queomn wkw I P ths r"OlM w %o"" vk7x'�aiv+'a, zsires2asa Tb9ok Tou for ymw Mulfiow 136 EXHIBIT 3D iI► VOICE IDivoiCE * 207623 DOTE: 5/21/03 EXHIBIT 3D ,errs AUV.19 266 2008 Ricbwd Niw Bmftw Waste Industries 9890 Many Avenue Fontana, CA 92335 RE: Losdngdw Coma FY=hise Gree - Smrta Carita DcarRichard: 'Ibis lane confines that Rebrig Pacific Company wM supply and deliver all residential court Inas needed for Buatee waste IndusEas wAdn the Santa Cleats fisncbise area of Los Angelea County. Of the original order consialiag at; 4II 65-UaDon 35 -Gallas 17,50D Burk 800 Black Soo Black 17,5D0 Blue goo Blue 800 Blue 17,500 Orsm 800 Green 800 GM= 100 Brows Rtimg Pacific Company has prdwedappmr�mgudy 10,000 of the 57,400 total carts. Rebdg Pacific Company has an Assembly & DLVibution plan in place to ensure that all carts ate produced and dcHvmrd to tbo residents of Santa Gaeta on or before November 1, 2008. 1be total cost of said services is apprwCaM040y $3.1 million Bunter is a long-term, valued pazmer ofRabdg Pacific Company and we are looting fmw W to a successful amt diata'bntioa. Please let me know if there are any questions or Dwomn . I can always t> reached at (310) 529-8774. S'y, PFell6atter Rthrig Pacific Company 4010EW2esT.• LOSANGELS8,04LIF 9=1923-=-5145. FAX 323-25"M QUAUSTY CONTAINERS FOR INDUSTRY SINCE 1913 137 EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item B.12 - ADDITIONAL FRANCHISEE COMMITMENTS MADE IN ITS PROPOSAL FOR PROCUREMENT OF THIS AGREEMENT This item consists of `3 pages (including this page). Initials. Datedals: -FM IZ Dated. fit] FRANCHISEE COUNTY Burrtec Waste Industries, Inc. agrees to notify customers in the Santa Clarita Franchise area regarding its E -Waste Drop Off service in the next quarterly newsletter Burrtec Waste Industries, Inc. will amend the Subscription Order Form to include E -Waste Drop Off service under Standard Services at its next scheduled printing of the Subscription Order Form for the Santa Clarita Franchise 138 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item B.12 - Franchise Commitments Made in Proposal 1. Alternative fuel vehicles Alternative fuel vehicles will be purchased and used for residential refuse and recycling collection services in the Santa Clarita Valley Franchise Area. These vehicles will operate compressed natural gas (CNG) fuel system. 2. Unlimited on-call excess green waste Unlimited on-call pick-up of excess green waste — Burrtec Waste Industries, Inc. (Burrtec) will collect extra green waste set -out at the curb in customer owned barrels or bundles at no additional cost. Bundles should be no larger than 4 ft. in length and 2 ft. in diameter and weigh no more than 65 lbs. Customer needs to request this collection at least 24 -hours in advance of their regular schedule pick-up day Multi Family customers can also participate with a limit, of 4 unlimited excess green waste collections per parcel per year 3. Used Oil Recycling Burrtec will provide curbside collection of used oil and used oil filters for participating residents. Collections must be scheduled in advance with the Customer Service Department for collections to be provided on the first Tuesday or Thursday of each month. Customers who want to participate in this program must contact Burrtec and request a used oil collection container Burrtec will provide up to three (3) used oil containers per residence per year Drained used oil filters must be placed in clear plastic bags (i.e. ziploc) or a coffee can with a secure lid 4. Sharps Collection Program Burrtec will provide qualified residents with a sharps container at no additional charge Home generated sharps such as needles, syringes, and lancets should be placed in a sharps container and removed from the regular household waste stream to minimize exposure to solid waste workers and recyclables processors. Sharps containers are available for pickup at Burrtec's Santa Clarita office. Once the container is filled, residents are asked to return the container to the office for proper disposal. Limit three (3) containers per residence per year 5. E -Waste Drop Off Burrtec will offer a centrally located a -waste drop off site for all residential customers within the Santa Clarita Valley Franchise service area Customers will be allowed to bring up to five a -waste items to the operating facility at 26000 Springbrook Ave, Suite 101 in Santa Clarita. This service will be provided as part of the basic services with no additional charges. 139 EXHIBIT 3D 6. Quarterly Recycling Contest Effective residential recycling efforts are an integral part to a successful curbside recycling and green waste diversion program. To reinforce these diversion efforts, Burrtec Waste will provide financial incentives to participating residents on a quarterly basis. Residents will be encouraged to sign up for a quarterly contest where selected residents are eligible to receive awards for meeting the criteria and guidelines of the recycling and green waste diversion programs. Contest information and program winners will be announced in the quarterly newsletters. 7. Earth Day Mulch Reuse Program On the Saturday preceding Earth Day (April 22nd), Burrtec will provide residents with free mulch. The mulch can be used on gardens and lawns while promoting the green waste recycling program. Residents will be asked to bring their own containers to fill with up to twenty gallons of mulch or its equivalent. The mulch giveaway program helps the environment as well as closes the loop in reusing processed green waste. Residents will be notified of this event in our quarterly newsletter 8. Bulk Billing Discount Program A waste collection service rate discount of 3% is available to qualifying Home Owner Associations (HOAs) that subscribe to the bulk billing discount program. Bulk billing discounts are available for HOAs that register for the program and who pay for waste collection services through a single consolidated invoice for all residences within the HOA. These billings are generated on a quarterly basis similar to the standard residential service program. 9. 2 Cart HOA Discount Program Home Owner Associations (HOAs) participating in the bulk billing program may also be eligible to subscribe to the 2 cart HOA discount program Under this program, green waste collection services are not offered to any residents within the HOA. To be eligible for the 2 cart discount, the HOA must participate in the bulk billing program, the HOA must agree that no green waste collection services will be provided to any residents in the HOA, and the HOA must provide verification of an existing green waste diversion program. Verification includes disposal processing facility receipts from facilities used by the HOA landscapers/gardeners. 10. Unlimited Green Waste Collection Burrtec will collect unlimited amounts of excess green waste from residential customers. The excess green waste can be placed in customer owned barrels, plastic bags or tied bundles (not exceeding 4 feet in length, 2 feet in diameter and no more than 65 lbs). Customers must contact Burrtec in advance to schedule the excess green waste collection This unlimited collection allows customers to dispose of excess green waste during seasonal fluctuations. 140 Rates — EXHOT 10 EXHIBIT 10 - RATES A. Rates. 1. Rate Schedule and Rate Adjustments. FRANCHISEE shall charge Customer Service Charges in amounts less than or equal to the Rates set forth in the Rate Schedule. These Rates will be adjusted at FRANCHISEE'S request, submitted at least 60 days in advance, or at the Director's option, as the case may be, in any of the following events; a. Annual changes in the CPI, DOE CNG, or DOE Diesel in accordance with the Rate adjustment protocol in subsection A2 and examples in Tables 1, 2, and 3 of Attachment 1 of this Exhibit 10; b. Change in FRANCHISEE'S costs of Disposal of Refuse at the Solid Waste Facility it has designated in Franchisee Documentation as provided in the Rate adjustment protocol in subsection A3 and example in Section B of Attachment 1 of this Exhibit 10; or C. Change in FRANCHISEE'S Direct Costs of providing Franchise Services due to Changes in Law or changes in Franchise Services or Franchise Standards as agreed to between FRANCHISEE, and the Director. All calculations are rounded to the nearest 1/100th decimal place (for example, 101.9656% to 101.97%, or 101.9637% to 101.96). The decimal 5 is rounded down (for example, 101.965% to 101.96%). Adjustments in Customer Service Charges are rounded to the nearest penny (for example, $25.34). If any adjustments are made to Net Rates, then the amount of the Franchise Fee in effect at the time of adjustment will be re -calculated and added to the adjusted Net Rates. No adjustment will be effective until notice thereof has been provided to the Board of Supervisors. Net Rates will be adjusted only if there are no Breaches that have not been cured after Notice from the Director in accordance with Section 17A and no Franchisee Defaults. FRANCHISEE shall provide all Customers a minimum of 30 days' advance written notice of the implementation of changes in any Customer Service Charges or other notices directed by COUNTY. Rates will not otherwise be adjusted, including for actual changes in the price of fuel or increases in Disposal tipping fees other than as described in the preceding items a and b, respectively, of this subsection Al. If Page 76 2. Rates — EXHIBIT 10 FRANCHISEE and the Director fail to reach agreement to adjust the Rates as a result of Changes in Law or changes in Franchise Services or Franchise Standards as described in preceding item c of this subsection Al, COUNTY will have the option to terminate this AGREEMENT in accordance with Section 17D. a. Adjustment Due to Change in CPI. Beginning on July 1, of the second Calendar Year of the Term and thereafter on each succeeding July 1, the Service Component will be adjusted by 75 percent of the percent change, if any, between the following: the CPI during the 12 -month period commencing April 1 of the previous year to March 31, of the current year, and the CPI during the 12 -month period commencing April 1 of the next previous year to March 31, of the previous year, no greater than 5 percent, as confirmed by COUNTY'S Auditor -Controller. b. Adjustment Due to Change in DOE CNG or DOE Diesel The DOE CNG rate adjustment will apply only to the percentage of Vehicles in a fleet that use compressed natural gas. The DOE Diesel rate adjustment will apply only to the percentage of Vehicles in a fleet that use diesel. Adjustment Due to Change in DOE CNG. Beginning on July 1 of the second Calendar Year of the Term and thereafter on each succeeding July 1, the CNG Fuel Component will be adjusted by the percent change, if any, between the following: the DOE CNG commencing April 1, of the previous year to March 31, of the current year , and the DOE CNG published during the four quarter - period commencing in April of the next previous year and ending in January of the previous year as confirmed by COUNTY'S Auditor -Controller. (Table 2 in Attachment 1 of Exhibit 10) ii. Adjustment Due to Change in DOE Diesel. Beginning on July 1, of the second Calendar Year of the Term and thereafter on each succeeding July 1, the Diesel Fuel Page 77 C. Rates — EXHIBIT 10 Component will be adjusted by the percent change, if any, between the following: the DOE Diesel during the 12 -month period commencing April 1 of the previous year to March 31 of the current year, and the DOE Diesel during the 12 -month period commencing April 1 of the next previous year to March 31 of the previous year, Rate Adjustment Definitions. "CNG Fuel Component" means on the Rate Schedule times the compressed natural gas. 5 percent of the Net Rate shown percentage of Vehicles that use "CPP" means the Consumer Price Index for all Urban Consumers (Los Angeles -Riverside -Orange County) (Not Seasonally Adjusted) All items, Series ID CWURA421SA0; Base Period 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics at http7/idata.bis.gov/ccii-bin/surveymost, "Diesel Fuel Component" means 5 percent of the Net Rate shown on the Rate Schedule times the percentage of Vehicles that use diesel. "Disposal Component" means 30 percent of the Net Rate shown on the Rate Schedule. 'DOE CNG means the Nationwide Average Price for Fuel - Compressed Natural Gas Average Prices by Region from Clean Cities Sources, published quarterly in Energy Efficiency and Renewable Energy / Clean Cites Alternative Fuel Price Report from the United States Department of Energy website, http:/Iwww.eere.energy.gov/afdc/price_report.htmi or if that is permanently discontinued, another CNG price published by a state or the federal government selected by the Director. "DOE DIESEL" means the Diesel (On Highway) — Product/All Types for Area/California (Period: Annual) price published monthly in the Official Energy Statistics from the United States Department of Energy website, http://tonto.eia.doe.gov/dnav/pet/pet_pri_gnd_dcus_sca_m.htm, or if that is permanently discontinued, Producers Price Index — Commodities Fuels and related products and power / No.2 diesel fuel Series Id: WPU057303 published by the United States Bureau of Labor Statistics at hftp7/ldata.bls.gov/ccii-bin/surveymost. "Net Rate" means Rate minus Franchise Fee. Page 78 Rates — EXHIBIT 10 "Service Component" means 65 percent of the Net Rate shown on the Rate Schedule. "Weighted Rate Adjustment Percentage" means sum of the adjustments due to changes in the CPI, DOE CNG, and DOE Diesel and disposal tipping fees calculated as provided in subsections A2a, A2b, and 4A3, respectively. d. Net Rate Adjustment Calculation. The Weighted Rate Adjustment Percentage, times the prior Net Rate, is added to the prior Net Rate to yield the adjusted Net Rate. A sample calculation is included in Section C of Attachment 1 of this Exhibit 10. e. Temporarily Discontinued Indices. If a price or index is temporarily discontinued on the date of adjustment, the last available price or index for the required period of time (such as calendar year or other 12 -month period) will be used. 3. Rate Adjustment for Chances in Disposal Facility Fees. Beginning on July 1, in the second full Calendar Year of the Term and thereafter on each succeeding July 1, the Disposal Component of Net Rates will be adjusted for any change in Disposal tipping fees charged FRANCHISEE by the Solid Waste Facility designated by FRANCHISEE in Franchisee Documentation during the period commencing on the Execution Date or April 1, of the prior year, as applicable, and ending on March 31, of the current year. FRANCHISEE must substantiate to the satisfaction of the Director that FRANCHISEE is experiencing that change in Disposal tipping fees. (For example, FRANCHISEE may have independently contracted for Disposal at a cost lower than posted tipping fees at the Solid Waste Facility designated by FRANCHISEE in Franchisee Documentation, or FRANCHISEE may own the Solid Waste Facility it designated for Disposal and consequently internalize Disposal costs lower than posted tipping fees at the Solid Waste Facility designated by FRANCHISEE in Franchisee Documentation. If FRANCHISEE does not substantiate to the satisfaction of the Director that FRANCHISEE is experiencing that change in Disposal tipping fees, the Disposal Component will not be adjusted.) A sample calculation is attached in Section B of Attachment 1 of this Exhibit 10. Page 79 Rates — EXHIBIT 10 ATTACHMENT 1 - RATE ADJUSTMENT EXAMPLES A. Section A2 of Exhibit 10: Annual increase or decrease in CPI, DOE CNG, or DOE Diesel. Table 1- Adjustment Due to Change in CPI (Section A2a of Exhibit 10). Calculate percent change April 1, 2006 - March 31, 221.64 in CPI (12 -month average, not month-to-month) 2007 April 1, 2007 - March 31, 228.59 2008 Percent Change 3.14% (not more than 5%) Adjustment to Service Fee 75 percent of percent 2.35% Component change in CPI Table 2 - Adjustment Due to Change in DOE CNG (Section Alb of Exhibit 10). Calculate percent change June and October 2006 (2.30+1.99+2.06)/3= in DOE CNG (average of quarters and March 2007 quarters in year — which not quarter -to- uarter July and October 2007, 2.12/3= (2.29+2.33+2.44)13= may vary, quarter) quarters and January 7.06/3= 2008, quarter 2.35 Percent Change (2.35-2.12)/2.12= 0.2312.12=0.1085 10.85% Adjustment to CNG Fuel 30 percent of percent *3110 0.30 X 10.85%= Component change in DOE CNG 3.25% Table 3 — Adjustment Due to Change in DOE Diesel (Section Alb of Exhibit 10). Calculate percent change in A ril 1, 2006 - March 31, 2007 271.66 DOE Diesel (12 -month April 1, 2007 - March 31, 2D08 317.55 average, not month-to-month) 16.89 percent Percent Change Adjustment to Diesel Fuel 70 perent of perce DOE Diesel 7/10 Vehicles)*change in 11.82 percent Component *In this above example, the FRANCHISEE owns a total of 10 Vehicles, and 3 Vehicles use compressed natural gas and 7 Vehicles use diesel. Page 80 Rates— EXHIBIT 10 B. Section Al/A3 of Exhibit 10: Changes in Disposal tipping fees. Table 4 — Adjustment Due to Change in Disposal Tipping Fees Disposal tipping fee charges on April 1, $24.00 2007 Weighted Rate Disposal tipping fee charges on $35.00 March 31, 2008 Adjustment Percent change 45.83 percent C. Weighted Rate Adjustment Percentage (Section A2a, b and c of Exhibit 10). Table 5 — Sum of Adjustments Rate Component Relative weight of Adjustment due Weighted Rate Net Rate to change in Adjustment indices/change Percentage in disposal tipping fees Service Component (CPI) 65 percent of Net 2.35 percent 1.53 percent Rate CPI Fuel Component 5 percent of Net 3.25 percent 0.16 percent CNB Fuel Component Rate 11.82 percent 0.59 percent Diesel Fuel Component Disposal Component 30 percent of Net 45.83 percent 13.75 percent Rate Weighted Rate Adjustment --r— =percent Percentage D. Adjusted Net Rate I Rate: Section A1, 2 and 3 (Annual increase or decrease in CPI /DOE Diesel/DOE CNG), (Changes in Disposal tipping fees). If the Weighted Rate Adjustment Percentage is 16.03 percent, then a hypothetical Net Rate of $17.00 would be adjusted as follows: $17.00 + [ 15.89 percent X $17.00] = $17.00 +$2.72 = $19.72= adjusted Net Rate The Franchise Fee is 10 percent; the adjusted (gross) Rate and the Franchise Fee would be calculated as follows: Page 81 Rates— EXHIBIT 10 {Adjusted Net Rate 11100 percent - Franchise Fee percent] = adjusted (gross) Rate {$19.721 [100 percent -10 percent]} = $21.91 $ 21.91 = adjusted Rate adjusted Rate — adjusted Net Rate = Franchise Fee $21.91 - $19.72 = $2.19 Page 82 Rates — EXHIBIT 10 ATTACHMENT 2 — RATE SCHEDULE (Customer Service Charges) RATE/SENIOR RATE MONTHLY RATE PER CUSTOMER FOR RESIDENTIAL PREMISES' AND MULTIFAMILY PREMISES: $20.88/$15.66 1. One 95 gallon Refuse Cart, and 2. Up to two 95 -gallon Recyclables Carts, and 3. Up to two 95 -gallon Green Waste Carts. ADDITIONAL SERVICE: 1. Manure (65 -gallon cart, once a week) $10.97/8.22 SURCHARGES 1. Additional 96 -gallon Carts in excess of Basic $5.00/$3.75 Service 2. Alternatives to fully automated Carts for difficult -to -serve premises (bh3 or Exhibit 3A): 25 percent of Customer's monthly Net Rate. $5.22/$4.69 3. Each additional on-call pickup in excess of twice each year for residential premises (F2c of Exhibit 3A): 4. Each additional on-call pickup in excess of twice each year for Multi -family premises (F2c of Exhibit 3A): 5. Roll-out Services (other than elderly or disabled) 50 percent of Customer's monthly Net Rate. Page 83 $10.001$10.00 $10.00/$10.00 $10.44/$7.83 Liquidated Damages - EXHIBIT 18D2 Page 84 EXHIBIT 18D2 - LIQUIDATED DAMAGES Reference Customer aggregate to "failure" refers to each occurrence of specified Breach (such and each Customers Collection aches (such as for allCustom scomplaint) occurrences of hose Breentry, as for each given route or day). For each failure over five during anik tract Year (1) to clean up litter in accordance with Sect1 or (2) comply with Section 4A2 (s ills or A3 (liquid lees ectivel . For each occurrence over 12 occus during any Contract Year of excessive noise in contravof Section 4A4. Failure to maintain an emergember or make staff available thereat in accordance wittion 4A5. Failure to provide documentation few or comment by COUNTY or obtain any approval, t or other permission of COUNTY required under this AENT, including any failure to timely submit, correspondence unSection 4H Publicity materials under section 411; News releases and trade journal articles related to Franchise Services, under Section 412 Customer outreach materials under Section 6E and Exhibit 3A, Section B2b. urn COUNTY calls in accordance with Section 4J Each failure over one during any calendarEEYE Each failure over one during any Contract Yeet with COUNTY in accordance with Section 4J. Commingling materials from outside the Service Area with Solid Waste that FRANCHISEE Collects inside the Service Area, in contravention of Section 4K. For each failure to follow its Unpermitted Was Screening Protocol in accordance with Section 6A. For each failure to mark any Container with discard prohibitions in accordance with Section 6D. Failure to maintain telephone service in accordance with $150 $300 $75/day $300 for each failure per a or occurrence h day beforeCustomer retraction or correction of misinformation identified COUNTY by $500 $500 $400/ Vehicle - occurrence $500 $50 $75/day 1 2 3 4 5 6 7 8 9 10 Section 7B. For each failure to timely address Customer complaints in nnnnrdance with Section 7D1._ $100 11 Page 84 Liquidated Damages — EXHIBIT 18D2 12 For each failure over five occurrences during any Contract Year $300 to timely Collect from missed Containers in accordance with Section 7D1. 13 For each failure to enter log of and maintain and supply $100 Records of complaints in accordance with Section 7D2. 14 For each failure over 5 occurrences during any Contract Year to $100 E-mail complaint information to COUNTY in accordance with Section 7D2. 15 For each occurrence of charging any Customer more than the $100 Customer owes for Franchise Services (such as for the wrong level of Franchise Services) or charging any Customer in excess of scheduled Rates (such as the incorrect dollars/Container), in Breach of Section 10. 16 Failure to timely allow COUNTY to inspect, audit or copy $150 Records in accordance with Section 11 C. 17 Failure to timely submit AB 939 Records in format required by $150 COUNTY in accordance with Section 12B. 18 For each occurrence over five occurrences during any Contract $150 Year of damage to private property in contravention of Section 20C. 19 If FRANCHISEE violates the nondiscrimination provisions of $500 this AGREEMENT, including Section 23E. 20 Failure of any Vehicle to deliver Solid Waste to the Solid Waste $300/ Facilities designated by FRANCHISEE in accordance with Vehicle -day Exhibit 3A and Franchisee Documentation. 21 For each occurrence over five occurrences during any Contract $250 Year of Collecting any Solid Waste during unauthorized hours prohibited under Section B1 of Exhibit 3A. 22 For each failure over 5 occurrences during any Contract Year to $300 timely respond to Container service requests (including delivery and exchanges, removal, repair and replacement) in accordance with Section 63a, b, and c of Exhibit 3A. 23 For each failure over 12 occurrences during any Contract Year $150 to equip Carts with operable lids or return Carts upright in breach of Section 133c and a of Exhibit 3A. 24 For each failure to timely remove graffiti in accordance with $150 Section B3 of Exhibit 3A. 25 For each failure to timely repair or replace carts in accordance $35 with Section 63c of Exhibit 3A. 26 For each occurrence over 10 during any Contract Year of failing $150 to return emptied Containers to their Set -Out Sites, or placing Containers in site that impedes pedestrian or vehicular traffic in contravention of Section B6 of Exhibit 3A. 27 For each failure over 3 during any Contract Year to provide $100 Recyclables or Green Waste services to any Customer in accordance with Sections D and E of Exhibit 3A. Page 85 For each occurrence of di! Recyclables with Refuse in E Any other liquidated damage Liquidated Damages - EXHIBIT 18D2 ;cables or mixing $10D D6 in Exhibit 3A. As scheduled in Exhibit 3A Reporting. If FRANCHISEE does not timely submit the applicable information, documentation or complete report or incorporate comments, additions and corrections made by COUNTY within five days of receipt of those comments, additions and corrections, it shall pay the following liquidated damages. COUNTY may assess the following amounts of liquidated damages for each late day. T-1 Monthly reports in Quarterly reports in Annual reports in a 2 3 to report adverse intorr 13C, B, D, and E. to deliver Route maps 1136 of Exhibit 3A. 3A1, B, D, and E. 13A2, BandE in accordance with 1 $1001 day By placing initials below at the places provided, each Parry specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of liquidated damage provisions of the time that this AGREEMENT was made. FRANCHISEE Initial Here: I� COUNTY Initial Here: -E%Q- Page 86 Authorized Representatives — EXHIBIT 20G EXHIBIT 20G - AUTHORIZED REPRESENTATIVE OF COUNTY'S ACTING DIRECTOR OF PUBLIC WORKS Name: Virginia Maloles Telephone Number: , (626) 458-3562 Facsimile Number: (626) 458-3593 E-mail Address: vmaloles gadpw lacounty.gov Address for Notices by Mail: County of Los Angeles Department of Public Works Environmental Programs Division 900 South Fremont Avenue Alhambra, California 91803 Facsimile Number: (626) 458-3593 E-mail: County Office Hours: 700 a m to 5:30 p.m. Established by Acting Director: Signature: Printed Name: f2z`�yn✓" Date: /a -3a-09 Acknowledged 1 Signature: �IL Printed Name Sd Title: od i r,6 a -r L AY�^ r,_r lir y1 A/ eG �rufsr �s N`( Date: _�C 4 2 Zo Q' Page 87 Franchisee's Representations and Warranties — EXHIBIT 20H EXHIBIT 20H - FRANCHISEE'S REPRESENTATIONS AND WARRANTIES 1. Status. FRANCHISEE is a California Corporation duly organized, validly existing and in good standing under the laws of and is qualified to do business in the State of California with full power and authority to execute and deliver this AGREEMENT and to perform the its Performance Obligations. This AGREEMENT has been duly executed and delivered by FRANCHISEE and constitutes a legal, valid and binding obligation of FRANCHISEE enforceable against FRANCHISEE in accordance with its terms. 2. Statements and Information. All information and documentation complied, drafted, made or otherwise delivered to COUNTY by or on behalf of FRANCHISEE in connection with this AGREEMENT, including its procurement, is correct and complete in all material respects as of the Execution Date and at the time originally submitted by FRANCHISEE to COUNTY. 3. No Conflicts. Neither the execution or delivery by FRANCHISEE of this AGREEMENT, the performance by FRANCHISEE of Franchise Services, nor the fulfillment by FRANCHISEE of the terms and conditions of this AGREEMENT: (1) conflicts with, violates or results in a breach of any Applicable Law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which FRANCHISEE is a party or by which FRANCHISEE properties or assets are bound, or constitutes a default thereunder. 4. No Approvals Required. FRANCHISEE has obtained and maintains all Permits in full force and effect during the Term. No other approval, authorization, license, permit, order, or consent of, or declaration, registration, or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this AGREEMENT by FRANCHISEE, except those as have been duly obtained from its governing body, FRANCHISEE shall immediately provide Notice to the Acting Director of any notice of violation, revocation or suspension of any permit. 5. No Litigation. As of the Execution Date, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of FRANCHISEE'S knowledge, threatened, against FRANCHISEE wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely affect the performance by FRANCHISEE of its obligations under this AGREEMENT or in connection with the transactions contemplated by this AGREEMENT, or which, in any way, would adversely affect the validity or enforce ability of this AGREEMENT or any other agreement or instrument entered into by FRANCHISEE in connection with the transactions contemplated by this AGREEMENT. Page 88 Franchisee's Representations and Warranties — EXHIBIT 20H 6. Due Diligence. As of the Execution Date, FRANCHISEE has made an independent investigation, examination and research satisfactory to it of the conditions and circumstances surrounding this AGREEMENT and best and proper method of providing Franchise Services (including Franchise Services types) and labor, equipment, and materials for the volume of Franchise Services to be provided. FRANCHISEE agrees that it shall make no claim against COUNTY based on any estimates, statements or interpretations made by any officer, employee, agent, or consultant of COUNTY in connection with the procurement of this AGREEMENT, which proves to be in any respect erroneous. 7. Compliance with Applicable Law. As of the Execution Date, FRANCHISEE has fully complied with all Applicable Law, including law relating to conflicts of interest and County Lobbyist Ordinance, in the course of procuring this AGREEMENT. 8. Ability to Perform. FRANCHISEE possesses the business, professional and technical capabilities to provide Franchise Services; and possesses the equipment, facility and employee resources required to fully and timely perform Franchise Services. 9. Contingent Fees. No Person, including a selling agency, has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by FRANCHISEE for the purpose of securing business. 10. Opportunity to Comment. FRANCHISEE had the opportunity to submit comments and recommended changes during the procurement process, during meetings convoked by COUNTY with the denominated "Working Group" whose members received copies of the drafts of the form of agreement or during the procurement of this AGREEMENT. 11. Solid Waste Facilities. a. The Solid Waste Facility or Facilities that FRANCHISEE designates in Franchisee Documentation for Disposal is a disposal facility that is permitted to accept and process Refuse in accordance with Applicable Law. b. The facility or facilities that FRANCHISEE designates in Franchisee Documentation for delivery of Recyclables is a materials recovery facility that is permitted to accept and process Recyclables in accordance with Applicable Law. C. The facility or facilities that FRANCHISEE designates in Franchisee Documentation for delivery of Green Waste is a facility that is permitted to accept and processGreen Waste in accordance with Applicable Law. Page 89 Franchisee's Representations and Warranties— EXHIBIT 20H 12, Franchisee Documentation. As of the Execution Date, the Franchise has submitted all Franchisee Documentation in accordance with Exhibit 3D. 13. Personnel. FRANCHISEE fully complies with all federal and state statutes and regulations regarding employment of aliens and others, and all of its employees performing Franchise Services meet the citizenship or alien status requirements set forth in federal and state statutes and regulations. Page 90 Franchisee Documentation — EXHIS/T 3D EXHIBIT 21 -DEFINITIONS AB 939 means the California Integrated Waste Management Act of 1989, California Public Resources Code § 40000 et seq. Affiliate means a Person that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with FRANCHISEE. For the purpose of this definition, the meaning of the term "control" will be governed by Rule 144 of the Securities Act of 1993. AGREEMENT means this agreement, including all exhibits and other attachments, which exhibits and other attachments are incorporated in this agreement by reference. Annual Report is described in Section 13A3. Applicable Law means all laws, statutes, rules, regulations, guidelines, Permits, actions, determinations, orders, or requirements of the United States, State of California, COUNTY (including its County Code together with rules and regulations promulgated thereunder and COUNTY'S Integrated Waste Management Plan), the Local Enforcement Agency, California Highway Patrol, South Coast Air Quality Management District, and other regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern Franchise Services or the performance of the Parties' respective obligations under this AGREEMENT, including those that concern health, safety, fire, mitigation monitoring plans, building codes, and zoning, and further including the following: Vehicles: a. California Health and Safety Code § 43000 at seq., with respect to air emissions (smog checks); b. California Vehicle Code § 27456b, with respect to tires; C. California Vehicle Code § 34500 at seq., with respect to documentation through its maintenance log or otherwise of a safety compliance report issued under Division 14.8 of the California Vehicle Code as applicable to each Vehicle, including bi-annual "BIT" inspections conducted by the California Highway Patrol; d.. Rules and regulations promulgated under the California Vehicle Code with respect to Vehicle highway lighting, flashing and warning lights, clearance lights, and warning flags; e. Rules and regulations of the California Department of Motor Vehicles with respect to Vehicle registration; 91 Detinitions — EXHIBIT 21 f. Vehicle weight limits; g. The appropriate class of drivers' licenses issued by the California Department of Motor Vehicles; h. 2020 et seq.; and CCR i. 14 CCR 17341, 17342, 17343 and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment; 2. Containers: a. 14 CCR 17314, with respect to maintenance and placement of containers; and b. 14 CCR 17317, with respect to placing identifying name and telephone number on containers; 3. Labor: a. Drug and alcohol testing; b. Occupational Safety and Health Act (29 U.S.C. § 651 et seq.), including the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9,1991 (40 C.F.R., Parts 257 and 258); and California Occupational Safety and Health Act (California Labor Code, Division 5, Parts 1-10, § 6300 et seq.), and rules and regulations of California Division of Occupational Safety and Health; and C. Immigration Reform and Control Act of 1986 (PL.99-603); 4. Environmental Protection: a. CERCLA; C. Clean Air Act (42 U.S.C. § 1351 et seq., 42 U.S.C. §§ 7401-7642); and California Clean Air Act (California Health and Safety Code § 39000 et seq.); d. California Hazardous Waste Control Act (California Health & Safety Code § 25100 et seq.); 92 Definitions - EXHIBIT 21 e. upwornia mazaraous Maienals Ketease Resuutiac rias anu ill vc nv v — (California Health & Safety Code, Division 20, Chapter 6.95, § 25500 et seq.); f. Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health & Safety Code § 25300 et seq.); and g. Emergency Planning and Community Right to Know Act (42 U.S.C. § 11001 et seq.); and 5. Miscellaneous: a. County Lobbyist Ordinance; b. Civil Rights Act of 1964 (Sub chapter VI of Chapter 21 of Title 42); and C. AB 939. Reference to Applicable Law includes future amendments and supplements to or replacement, restatement or recodification thereof. Assign or Assignment means any of the following: 1. Selling, exchanging, or otherwise transferring Ownership or control of FRANCHISEE (through sale, exchange, or other transfer of outstanding stock, equity interest, or otherwise); 2. Issuing new stock or selling, exchanging, or otherwise transferring 20 percent or more of the then outstanding common stock of or equity interest in FRANCHISEE; 3. Any dissolution, reorganization, consolidation, merger, recapitalization, stock issuance, or reissuance, voting trust, pooling agreement, escrow arrangement, liquidation, or other transaction, which results in a change of Ownership or control of FRANCHISEE; 4. Any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment of an execution, or appointment of a receiver taking possession of any of FRANCHISEE'S tangible or intangible property; 5. Any sale or other transfer of 50 percent or more of the value of assets of FRANCHISEE except for sales or transfers to parents, grandparents, siblings, children, and grandchildren of individuals having a shareholder or other equity interest in Franchise as of the date of this AGREEMENT ("Immediate Family") or trust created primarily to benefit members of the Immediate Family; F = 93 Definitions — EXHIBIT 21 6. Substitution by a surety company providing any performance bond in accordance with Section 15 of another Person for FRANCHISEE to perform Franchise Services; or 7. Any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any transfer or change of Ownership or control of FRANCHISEE or the assumption, assignment, delegation, takeover or performance of any of FRANCHISEE'S Performance Obligations, duties, or responsibilities by any Person other than FRANCHISEE, whether through assignment, subcontract (except as provided in Exhibit 3A), delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever. Bin means any container capable of Collection with front end loading vehicles, such as those having a 3- to 8 -yard capacity. Board of Supervisors means the Board of Supervisors of the County of Los Angeles. Breach means FRANCHISEE'S failure to fully and timely meet one or more Performance Obligations. Bulky Item means any large item of Solid Waste that can be safely lifted by two individuals using a dolly, including the following: 1. Discarded furniture (such as chairs, sofas, mattresses, and rugs); 2. Appliances (such as refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, and other similar items commonly known as "white goods"); and 3. Up to two tires per Set -Out Site from passenger cars or pickup trucks. Notwithstanding the foregoing, Bulky Item does not include tires from semi -trucks or Universal Waste. Cart means any wheeled container capable of Collection by either semi or fully automated vehicles. CED means any of the following: 1. Cathode ray tube (CRT) device (including television and computer monitor); 2. LCD desktop monitor; 3. Laptop computer with LCD display; 4. LCD television; 5. Plasma television; 6. Any other consumer electronic devices listed under Applicable law. 94 Definitions — EXH[BfT 21 CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42 U.S.C. § 9601 et seq.). Change in Law means the occurrence of any event or change in Applicable Law as follows: The adoption, promulgation, modification, or change in Applicable Law or in judicial or administrative interpretation thereof occurring after the Execution Date other than laws with respect to taxes based on or measured by net income, or any unincorporated business, payroll, franchise taxes levied by any tax board (other than Franchise Fees levied by COUNTY) or employment taxes; 2. Any order or judgment of any federal, state, or local court or Regulatory Agency issued after the Execution Date hereof if: a. That order or judgment is not also the result of the willful misconduct or negligent action or inaction of the Party relying thereon or of any third party for whom the Party relying thereon is directly responsible; and b. The Party relying thereon, unless excused in writing from so doing by the other Party, will make or have made, or will cause or have caused to be made, Reasonable Business Efforts to contest that order or judgment (it being understood that the contesting in good faith of that an order or judgment will not constitute or be construed as a willful misconduct or negligent action of that Party); 3. The imposition by a Regulatory Agency of any new or different material conditions in connection with the issuance, renewal, or modification of any Permit after the Execution Date; or The failure of a Regulatory Agency to issue or renew, or delay in the issuance or renewal of, or the suspension, interruption or termination of, any Permit after the Execution Date; provided that the failure to issue or the suspension or termination of any Permit is not the result of the willful misconduct or negligent action or inaction of the Party relying thereon or any third party for whom the Party relying thereon is directly responsible. Collect, Collection, or Collecting means Solid Waste pickup(s) made by FRANCHISEE required by and in accordance with this AGREEMENT. Commercial means Person or thing that is not Residential or Multifamily. Commercial Customer means Customer who owns or occupies Commercial Premises. Commercial Premises means Premises that are not Residential Premises or Multifamily Premises, including stores; offices; industrial plants; private schools; 95 Definitions — EXHIBIT 21 restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers and nursing homes (with respect to nonmedical waste only). Container means any Bin, Cart, compactor or other receptacle used to provide Collection. Contract Year means each year or portion of a year during the Term commencing July 1 and ending June 30. Conversion means an array of emerging technologies capable of converting the organic or carbon -containing materials portion of post -recycling residual solid waste and turning it into useful products, including renewable and environmentally benign fuels, chemicals, and other sources of clean energy. COUNTY means the County of Los Angeles. County Business Day means any day on which COUNTY'S Department of Public Works is open to do business with the public. County Code means the Los Angeles County Code. County Lobbyist Ordinance means County Code Chapter 2.160. County Office Hours means hours that COUNTY is open to do business as indicated in Exhibit 2DG. County's Reimbursement Costs means Direct Costs of COUNTY plus 35 percent thereof. County's Related Parties means political subdivisions, agencies, entities, or organizations for which the Board of Supervisors is the governing body, their agents, officers, and employees, elected officials, assigns, volunteers, and special districts (including Garbage Disposal Districts) and each and every one of them. County's Related Parties are third party beneficiaries of provisions in this AGREEMENT that reference them. Criminal Activity means any of the following: Fraud or criminal felony offenses in connection with obtaining, attempting to obtain, procuring, or performing a public or private agreement related to recyclables, green waste or MSW Management Services of any kind (including collection, hauling, transfer, processing, composting, or disposal), including this AGREEMENT; 2. Bribery or attempting to bribe a public officer or employee of a local, state, or federal agency; M. Definitions — EXHIBIT 21 3. Embezzlement, extortion, racketeering, false claims, false statements, forgery, falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; 4. Unlawful disposal of hazardous, designated or other waste; or 5. Violation of securities laws or antitrust laws, including laws relating to price-fixing, bid rigging and sales and market allocation, and of unfair and anticompetitive trade practice laws, including with respect to inflation of waste collection, hauling or disposal fees. Customer means a Person who subscribes for Collection from FRANCHISEE, Customer Service Charge means the rates, fees, charges, and other compensation that FRANCHISEE bills a Customer for providing Collection. day means calendar day. Debarment or Debar has the meaning assigned in County Code § 2.202.020. Direct Costs means the sum of the following: Payroll costs directly related to the performance, management or supervision of any obligation under this AGREEMENT, comprised of compensation and fringe benefits, including vacation, sick leave, holidays, retirement, workers compensation insurance, federal and state unemployment taxes and all medical and health insurance benefits, plus; 2. The costs of materials, services; direct rental costs and supplies, plus; 3. Travel and subsistence costs, plus; 4. The reasonable costs of any payments to Subcontractors (with respect to FRANCHISEE) or contractors (with respect to COUNTY) or third parties necessary to and in connection with Performance Obligations, plus; 5. Any other cost or expense which is directly or normally associated with the task performed; which Direct Costs are substantiated by (i) a certificate signed by the principal financial officer of FRANCHISEE or the authorized representative of COUNTY, as the case may be, setting forth the amount of that cost and the reason why that cost is properly chargeable to COUNTY or FRANCHISEE, as the case may be, and stating that the cost is a competitive price, if there are competitive prices, secured in an arm's length transaction for the service or materials supplied; and (ii) if COUNTY or FRANCHISEE, as the case may be, requests that additional backup documentation as may be available to reasonably substantiate any Direct Costs, including invoices from suppliers, Subcontractors and contractors. 411 Definitions — EXHIBIT 21 Direct Costs excludes profit or return on investment. Acting Director means the County of Los Angeles Acting Director of Public Works or his or her authorized representative, including the authorized representative named in Exhibit 20G. disposal or dispose means disposal, as defined in California Public Resources Code § 40192, of refuse at a solid waste facility. Disposal or Dispose means disposal, as defined in California Public Resources Code § 40192, at a Solid Waste Facility of Refuse that FRANCHISEE has collected. diversion or divert means activities that reduce or eliminate the amount of solid waste from disposal for the purposes of Division 13 of the California Public Resources Code, including Article 1 (commencing with § 41780). Diversion or Divert means activities that reduce or eliminate the amount of Solid Waste from Disposal for the purposes of Division 13 of the California Public Resources Code, including Article 1 (commencing with § 41780). E -waste means waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, and calculators. Execution Date means the date this AGREEMENT is signed by FRANCHISEE. Franchise means the right and privilege granted by this AGREEMENT in Section 1. FRANCHISEE means the Person executing this AGREEMENT and any assignee of FRANCHISEE consented to by COUNTY in accordance with Section 19. FRANCHISEE includes FRANCHISEE'S Subcontractors unless explicitly provided otherwise. References to all FRANCHISEE'S actions and Performance Obligations under this AGREEMENT include reference to Subcontractors' actions under this AGREEMENT, as applicable, without specifying in each instance that FRANCHISEE shall directly take those actions itself, or cause its Subcontractors to take those actions on FRANCHISEE'S behalf. Franchisee Default is described in Section 17. Franchisee Documentation means Exhibit 3D. Franchisee Manager means any of the following: 1. FRANCHISEE'S officers and directors; Im Definitions — EXHIBIT 21 2. The officers and directors of FRANCHISEE'S parent corporation and of each successive parent corporation's parent corporation; 3. The authorized representative of FRANCHISEE named in Franchisee Documentation; and 4. Any other Persons, including Affiliates and FRANCHISEE'S or Affiliates' employees, officers or directors, in a Position of Influence. Franchisee Office Hours means 8:00 a.m. to 5:00 P.M. Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturdays, Holidays excepted. Franchise Fee means the fee described in Section 1 D. Franchise Services means all Performance Obligations prescribed in Exhibit 3A, Section 4D, E, and F, and Section 7. Franchisee's Related Parties means FRANCHISEE'S partners, officers, directors, agents, employees, Subcontractors, consultants, licensees, invitees, and Affiliates. Garbage Disposal District means a district created under County Code Chapter 20.90. Goods or Services means goods or services used in providing Franchise Services, including labor; leases; subleases; equipment; supplies; capital; insurance, bonds or other performance security if the insurer, surety or other provider is an Affiliate or a captive of FRANCHISEE or any Affiliate; and legal, risk management, general, and administrative services. green waste means solid waste comprised of leaves, grass clippings, brush, branches, and other forms of organic matter generated from landscapes and gardens and separated from other forms of solid waste. Green Waste means Solid Waste comprised of leaves, grass clippings, brush, branches, and other forms of organic matter generated from landscapes and gardens and separated from other forms of Solid Waste, including holiday trees and bushes, but excluding: 1. Stumps or branches exceeding 4 inches in diameter or 4 feet in length; and 2. Yucca or palm fronds, unless FRANCHISEE is able to Divert those excluded materials that may not be suitable for composting. 3. Other items listed in Section B16 of Exhibit 3D, Franchisee Documentation. Gross Receipts means fees, charges, and other compensation that FRANCHISEE or Franchisee's Related Parties receive directly or indirectly from Customers in connection with'Franchise Services before any deduction for costs or expenses such as the Definitions — EXHIBIT 21 Franchise Fee. Gross Receipts does not mean fees, charges, and other compensation that FRANCHISEE or Franchisee's Related Parties receive in connection with the sale of Recyclables. Holidays means January 1, Memorial Day, 4th of July, Labor Day, Thanksgiving, and December 25 and any other holidays designated by COUNTY in Notice to FRANCHISEE. including or include or variations thereof, when used in this AGREEMENT, means "including without limitation", "including, but not limited to," and "including, at a minimum." Indemnities or Indemnification means all defenses, indemnities, and releases under this AGREEMENT, including under Section 14A (generally, and with respect to the Immigration Reform and Control Act and Cal/OSHA). Liabilities means any of the following 1. Liabilities; 2. Lawsuits; 3. Claims; 4. Complaints; 5. Cause of actions; 6. Citations; 7. Investigations; 8. Judgments; 9. Demands; 10. Cleanup orders; 11. Damages (whether in contract or tort, including: a. Personal injury to or death of, at any time, FRANCHISEE'S employees, Subcontractors, COUNTY employees or third parties; and b. Property damage of FRANCHISEE, Subcontractors, COUNTY employees or third parties); 12. Costs and expenses, (including all costs and expenses of litigation, mediation or arbitration, attorneys fees, whether COUNTY'S or FRANCHISEE'S staff attorneys or outside attorneys, and court costs); 13. Losses; 14. Fines; 15. Penalties; and 16. Other detriments of every nature and description whatsoever, whether under State of California or federal law. Local Enforcement Agency means the enforcement agency defined in County Code § 20.56.030. "Manure" means Refuse comprised of animal dung or excrement, and may include straw or other absorbent. 100 Definitions — EXHIBIT 21 Monthly Report is described in Section 13A1. MSW Management Services means any of the following: 1. Collection, transportation, storage, transfer, or processing of: a. solid waste; or b. Unpermitted Waste that is handled in accordance with Applicable Law (such as tires in excess of load limits certain E -waste or CEDs collected as part of a Collection program for Bulky Items described in Exhibit 3A); or 2. Arranging for disposal of that solid waste or Unpermitted Waste Multifamily means related to dwellings with three or more dwelling units (such as apartments, condominiums, and town homes), each with separate cooking and bathing facilities. Multifamily Customer means Customer who owns or occupies Multifamily Premises. Multifamily Premises means Premises containing a Multifamily building. Non -Collection notice means the notice in the form included in Franchisee Documentation in accordance with Section 4C. Notice means notice given in accordance with Section 20F. Office means FRANCHISEE'S offices required by Section 7A to be identified in Franchisee Documentation. Ownership has the meaning provided in the constructive ownership provisions of the Internal Revenue Code of 1986 § 318(a) as in effect on the Execution Date, except that (1) 10 percent is substituted for 50 percent in § 318(a)(2)(C) and in § 318(a)(3)(C) thereof; (2) § 318(a)(5)(0) is disregarded, and (3) ownership interest of less than 10 percent is disregarded and percentage interests is determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. Party or Parties means COUNTY and FRANCHISEE, individually and together, respectively. Performance Obligations means each and every obligation and liability of FRANCHISEE under this AGREEMENT. Permit means any federal, state, county, other local, and any other governmental unit permit, order, license, approval, authorization, consent, or entitlement of whatever kind and however described that Applicable Law requires to be obtained or maintained with 101 Definitions — EXHIBIT 21 respect to the satisfaction of Performance Obligations, as renewed or amended from time to time, including the waste collector permit issued by the Los Angeles County Department of Health Services. Person means any individual, firm, association, organization, partnership, corporation, trust, joint venture, state, county, municipality, special purpose district, the United States or any other entity. Position of Influence means a position of authority or responsibility to directly or indirectly administer, manage, direct, supervise or oversee the Franchise Services or this AGREEMENT, including the following: (1) serving as director of the board of directors of FRANCHISEE or an Affiliate, (2) serving as an officer of FRANCHISEE or an Affiliate, (3) reviewing or negotiating FRANCHISEE'S contracts (including this AGREEMENT), (4) providing in-house legal services, and (5) providing insurance or other performance security if the provider is an Affiliate or is a captive of FRANCHISEE or an Affiliate; but excluding the following: (1) monitoring FRANCHISEE'S performance, (2) supervising FRANCHISEE'S finance and capital budget decisions, and (3) articulating general policies and procedures not related to a Criminal Activity. Premises means a tract of land with habitable buildings located in the Service Area and which is safely accessible by Vehicles. processing means the reduction, separation, recovery, conversion or Recycling of Solid waste, including creating "compost" as defined in California Public Resources Code § 40116. Processing means the reduction, separation, recovery, conversion or Recycling of Solid Waste, including creating "compost" as defined in California Public Resources Code § 40116. prompt or promptly means as soon as practicable, but in no event more than two days. Quarterly Report is described in Section 13A2. Rates means the amounts listed on the Rate Schedule. Rate Schedule means Attachment 1 to Exhibit 10. RCRA means the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.). Reasonable Business Efforts means those good faith efforts a reasonably prudent business Person would expend under the same or similar circumstances in the exercise of that Person's business judgment, intending to take steps calculated to satisfy the obligation, which that Person has undertaken to satisfy. 1. 102 Definitions — EXHIBIT 21 Records means documentation relating to Franchise Services and other Performance Obligations, including ledgers, books of account, invoices, vouchers, canceled checks, logs, correspondence, computations, files, plans, correspondence, reports, drawings, designs (other than those respecting facilities or facility operations not involving Collection), data and photographs prepared by or possessed by FRANCHISEE, including the following: Customer Subscription Order and Franchise Services information (including Customers' names and addresses), billing records, complaint logs, route maps, schedules, and correspondence with Customers; Weight tickets, invoices, bills of lading, and receipts from Solid Waste Facilities for types and amounts of Solid Waste that FRANCHISEE Collects, transports and delivers to those Solid Waste Facilities; 3. AB 939 records, including documentation from Recyclables and Green Waste transporters, shippers, brokers, beneficiators, remanufacturers, and purchasers or other users of Recyclables and Green Waste; any reports on Processing of Recyclables or Green Waste residual that Solid Waste Facilities may make to the California Integrated Waste Management Board; 4. Vehicle maintenance, driver Permits and driver testing records; 5. Gross revenues and receipts, including Gross Receipts; 6. Franchise Fees paid to COUNTY; and Records that may be relevant in the event of an action under CERCLA or similar claims. recyclables means Solid Waste that may potentially be diverted for disposal. Recyclables means any of the following materials: Aluminum and metal cans; 2. Newspaper; 3. Glass jars and bottles; 4. Tin cans; Plastic soda bottles; Plastic milk and water jugs; Plastic bags (e.g., bread, frozen food, grocery bags); u 103 Definitions — EXHIBIT 21 B. Type No. 1 plastic containers (PET -polyethylene terephthalate); 9. Type No. 2 plastic containers (HDPE -high density polyethylene); 10. All types of paper (e.g., office paper, junk mail, magazines, telephone books); 11. Corrugated cardboard; 12. White goods (such as those listed in the definition of Bulky Items); or 13. Additional (or deleted) items that COUNTY directs after Notice to FRANCHISEE, without adjustment of Rates unless the modification requires Franchise Services at the Set -Out Sites separate and distinct from previously Collected Recyclables. recycle or recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials (including recyclables and green waste) that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the market place. Recycling does not include transformation, as defined in California Public Resources Code § 40201. Recycle or Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials (including Recyclables and Green Waste) that would otherwise become Solid Waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the market place. Recycling does not include transformation, as defined in California Public Resources Code § 40201. refuse means solid waste that is not diverted. Refuse means Solid Waste that FRANCHISEE does not Divert. Regulatory Agency means any federal, state or local governmental agency that regulates Collection and transportation of Solid Waste (including California Department of Transportation, California Department of Motor Vehicles, EDD, U.S. Immigration and Naturalization Services, or other health and safety department thereof; COUNTY; and Local Enforcement Agency applicable to Franchise Services). Report means Monthly Report, Quarterly Report, Annual Report and any AB 939 or other report FRANCHISEE is required to submit in accordance with this AGREEMENT. Residential means related to detached, single family homes or duplexes. Residential Customer means Customer who owns or occupies a detached, single family home or a unit in a duplex. Residential Premises means Premises containing a Residential building. 104 Definitions — EXHIBIT 21 Service Area means the area described on Exhibit 1. Service Assets means all property of FRANCHISEE used directly or indirectly in performing Franchise Services, including Vehicles, Containers, maintenance equipment and facilities, and administrative equipment and software, both tangible and intangible (such as facility leases or equipment installment purchase agreements). Service Day means any day Monday through Saturday, Holidays excepted. Service Specifications means Performance Obligations prescribed in Exhibit 3A. Service Standards means each and every obligation of FRANCHISEE prescribed in Section 4. Set -Out Site means the place designated in the Subscription Order in accordance with Section 4D and County Code § 20.72.100, where Customers must place their Solid Waste for Collection. solid waste means solid waste as defined in California Public Resources Code § 40191, including green waste, recyclables and refuse, but excluding Unpermitted Waste. Solid Waste means solid waste as defined in California Public Resources Code § 40191 that is Collected in the Service Area, including Green Waste, Recyclables and Refuse, but excluding Unpermitted Waste. solid waste facility means solid waste facility as defined in California Public Resources Code § 40194 (and any other types of facilities named by COUNTY). Solid Waste Facility means solid waste facility as defined in California Public Resources Code § 40194 (and any other types of facilities named by COUNTY) and designated by FRANCHISEE in Franchisee Documentation. Subscription Order is described in Section 4D. Subcontractor means any Person that provides Goods or Services related to Collection, transportation or storage of Solid Waste or related to Service Assets, including their operation, maintenance and repair, to or on behalf of FRANCHISEE whether pursuant to any arrangement, formal or informal, written or merely in practice. Subcontractor does not include a Person that provides Goods or Services related to Processing, Diversion or Disposal. Term means the period determined under Section 2 of this AGREEMENT. Termination Date means the date this AGREEMENT expires as provided in Exhibit 3A in accordance with Section 2A or as earlier terminated in accordance with Section 17D. f' 105 I Definitions — EXHIBIT 21 Ton or Tonnage means a short ton of 2,000 pounds avoirdupois. Transfer means Assign, transfer, convey, sublet, license, hypothecate, encumber, or otherwise transfer or dispose of. Transfer Costs means County's Reimbursement Costs of considering and reviewing FRANCHISEE'S request for Transfer, investigating the suitability of the transferee, and determining whether or not to give consent to the Transfer, including fees of consultants and attorneys necessary to analyze the application and to prepare documents to effectuate the Transfer as well as COUNTY staff costs. Transfer Deposit means the amount equal to COUNTY'S anticipated Transfer Costs. Uncontrollable Circumstances means any of the following events: Riots, war, or emergency affecting the Country declared by the President of the United States or Congress of the United States, the Governor of California, or the Board of Supervisors; 2. Sabotage, civil disturbance, insurrection, explosion; 3. Natural disasters such as floods, earthquakes, landslides and fires; 4. Strikes, lockouts and other labor disturbances; or 5. Other catastrophic events that are beyond the reasonable control of FRANCHISEE despite FRANCHISEE'S exercise of due diligence, excluding (i) the financial inability of FRANCHISEE to satisfy its Performance Obligations, or (ii) failure of FRANCHISEE to obtain any necessary Permits or the right to use the facilities of any public entity. Universal Waste means hazardous waste that the California Department of Toxic Substances Control considers universal waste, including materials listed in 22 CCR 66261.9, such as batteries, thermostats, lamps, cathode ray tubes, computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, some appliances, aerosol cans and certain mercury -containing devices. Unpermitted Waste means: 1. Materials that are not Solid Waste, including Universal Waste, household hazardous waste and other hazardous waste, medical waste, radioactive waste; 2. Waste tires in excess of the limitations prescribed in 14 CCR 17355(b) or reduced in volume as required in 14 CCR 17355(A); 106 Definitions — EXHIBIT 21 3. Any other materials that cannot be Disposed of in class II sanitary landfills described in 27 CCR 20250. Unpermitted Waste Screening Protocol means the protocol prescribed in Section 6 and included in Franchisee Documentation. Vehicle means any truck used by FRANCHISEE to provide Franchise Services. Violation of Applicable Law means any noncompliance with Applicable Law as evidenced by notice, assessment or determination of any Regulatory Agency to FRANCHISEE, whether or not a fine or penalty is included, assessed, levied or attached. Waste Diversion Program means that program required by Section 62 of Exhibit 3A and included in Franchisee Documentation. P:laspub%CONTRACTIeanate\FRANCHISEAGREEMENTSl2007\Fmnchisee DocumentationZCVAgmment_SCV Revised 3-77-08.DOC 107 ATTACHMENT D (Franchise Fees) Franchise Fee Amount Throughout the Term of the Assigned Agreement, Franchisee must pay to City a Franchise Fee in an amount equal to 10% of the Gross Receipts derived by Franchisee from services provided in the City pursuant to the Assigned Agreement. The Franchise Fee must be submitted along with a report of the revenue upon which the franchise Fee is calculated by month and service category (i.e., Single family Dwellings, Multi -Family Dwellings) such that Gross Receipts from all sources of revenue are easily identifiable. ATTACHMENT E (Rate Schedule Spreadsheet) • Standard Service Rate • Reduced Rate for no Greenwaste services • Reduced Rate for Super Saver/Senior/Lifeline Customer. • Mobile Home Service Rate The multi -family rates will be as follows: $20.19 per month $18.11 per month $16.16 per month $15.16 per month Special Services Number of Weekly Pickups Container Size 1 2 3 4 5 6 7 Locking Bin $60.88 $121.78 $182.66 $243.52 $304.41 $365.30 $426.18 2 yd3 $64.90 $129.78 $194.68 $259.59 $324.47 $389.35 $454.25 3 yd3 $72.92 $145.79 $218.74 $291.64 $364.54 $437.46 $510.37 4 yd3 $80.91 $161.87 $242.77 $323.68 $404.62 $485.56 $566.47 Special Services Costs Street Litter Carts 17.90 per set per month Restart Charge $18.21 Refuse Overage Extra Pickup $6.08 per pickup Extra Trash Cart $12.14 per month Locking Bin $12.15 ner bin Der month Bulk Billing Discount 8% Extra Bulky Item Pickup $24.29 per pickup Additional Bin Cleanings $42.51 per cleanin Extra Bin Empties per empty Compactor Rates _$42.51 2x com erable bin rate Late Fees 1.5% per month Emergency Services $85.03 per hour Manure Collection 100% of comperable multifamily bin refuse rate Prepayment Discount One month free with 11 months prepaid 1. Schedule of Future Adjustments Annual Rate Adjustments Beginning with the Rate Year July 1, 2012 to June 30, 2013 and for all subsequent Rate Years, Franchisee may request an annual adjustment to the maximum rates shown on page 1 of this Attachment G. The Franchisee shall submit its request in writing, to be received by City in person or via certified mail, by the preceding April 1, and shall be based on the method of adjustment described in Section 2. Failure to submit a written request by April 1 shall result in Franchisee waiving the right to request such an increase for the subsequent Rate Year. Adjustment to the maximum rates is subject to the approval of the City Council at a publicly noticed City Council meeting, although the Council's discretion shall be limited to determining, based on substantial evidence, whether the requested maximum rate adjustment meets the requirements as set forth herein. 2. Method of Adjustments a. Annual Adjustments The following formula shall be utilized to calculate the adjustment to the maximum rate Franchisee may charge its customers. The calculation of the various components of this formula shall be based upon the corresponding information as set forth in Franchisee's proposal. Determination of the Rate Components - The maximum rates set forth on page 1 of this Attachment consist of the following components, derived from Franchisee's Proposal, and shall be set at the start of the Agreement by the following weightings and adjusted using changes in the following specified rate adjustment indices. Cost Category Weighting Rate Adjustment Index Labor 30% Producer Price Index, PCU56211-56211, Waste Collection Fuel 5% Department of Energy (DOE) Clean Cities Alternative Fuel Price Report West Coast for CNG Fuel Prices Equipment 15% Producer Price Index, PCU336211336211, Motor vehicle body manufacturing. Disposal 25% Consumer Price Index for All Urban Consumers (CPI -U) — U.S. City Average, CUUROOOOSEHG02, Not Seasonally Adjusted, Garbage and Trash Collection All Other 25% Consumer Price Index for All Urban Consumers (CPI -U) — U.S. City Average, CUUROOOOSEHG02, Not Seasonally Adjusted, Garbage and Trash Collection. Consumers, all items index (CPI -U) — U.S. city average Total 100% Step One — Calculate the percentage increase or decrease in each index. The increase or decrease in the indices shall be the difference in annual averages from the two previous calendar years prior to the scheduled annual rate adjustment. For purposes of this calculation, the annual averages shall be calculated using the two prior twelve month periods running from October 1 through September 30; provided, however, that for the increase requested April 1, 2012 to take effect July 1, 2012, the two prior twelve month periods used for the calculation shall run from January 1 through December 31. Step Two — Multiply the changes to each component by that component's weighting and add the percentages together to get the overall change to the maximum rates then adjust the rates up or down based upon that calculation. Step Three — If maximum rates were higher than the annual rate cap for the given rate year, roll the overage balance forward. b. Approved Rate Increases Notwithstanding the methodology set forth in section 2(a), for Rate Years commencing on July 1, 2011 and July 1, 2012,Franchisee shall receive an additional 1.5% rate increase, which, when added to any adjustment allowed by section 2(a), shall be subject to the Annual Rate Cap as described in section 3 For Rate Years commencing July 1, 2013, July 1, 2014, July 1, 2015, and July 1, 2016, Franchisee shall receive a 2.5% rate increase, which, when added to any adjustment allowed by section 2(a) for such years, shall be subject to the Annual Rate Caps as described in section 3. C. Residential Bin and Commercial Bin Rate Alignment Notwithstanding any other provision of this section 2, effective when Franchisee begins mixed -waste processing of the solid waste collected from multi -family dwelling units Franchisee shall receive a 2.33% rate increase for the first four (4) years, which, when added to any adjustment allowed by section 2(a) for such years, shall be subject to the Annual Rate Caps as described in section 3 and for the 3 -yard, one time per week service rate shall remain below the equivalent commercial franchise rate. Any unused increase limited by the annual rate cap may be carried forward until fully applied. 3. Annual Rate Cap a. Annual Rate Cap If the adjustment to the maximum rate as determined by the application of the formula set forth in Section 2 exceeds 5% for any Rate Year the adjustment for said Rate Year shall nevertheless be limited to 5% except during Rate Years beginning July 1, 2011, 2012, 2013, 2014, 2015 and 2016, and any years involving increases pursuant to section 2(c), when the Annual Rate Cap will be 6%. Any increase calculated pursuant to section 2 which exceeds the Annual Rate Cap for such year shall be carried forward and added to future approved rate increases; provided, however, that the total increase for any future Rate Year is no more than the Annual Rate Cap for such Rate Year. Any unused increase may be carried forward until fully applied, except that any unused increases remaining at the end of the Term hereof will expire unused. b. Santa Clarita Valley Rate Cap Notwithstanding any other provision of this agreement, all maximum rates shall remain below all jurisdictions, including Incorporated Cities and Unincorporated County Areas, with source separated (refuse, recyclables and green waste) franchised collection services in the Santa Clarita Valley. ATTACHMENT (Indemnification and Insurance) 1. Indemnification Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) 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 (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement; (2) the failure of Franchisee, its officers, employees, agents, companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Franchisee elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Franchisee. Franchisee, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 2. Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Franchisee specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of franchisee that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. B. Franchisee's obligations pursuant to this Section shall apply, without limitation, to: 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Franchisee of any facility; 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee or any Affiliate of Franchisee. D. For purposes of this Section, the term "Hazardous Contaminant' shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant' shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. F. In the event City directs Franchisee to dispose of Solid Waste Collected pursuant to this Agreement at a facility designated by City, Franchisee shall not be required to provide the indemnification set forth in this Section 9.2 with respect to Claims arising from allegations relating to the handling and/or disposal of such Solid Waste after it is delivered to a City designated facility (although this exception shall not apply to any other Claims relating to said Solid Waste); provided, however, this exception to the indemnification requirements of Section 9.2 that would otherwise apply shall not apply in the event the City designated disposal facility in question is either owned or operated, in whole or part, by Franchisee or any Affiliate. 3. AB 939 Indemnifications and Guarantee A. To the extent authorized by law, Franchisee agrees to indemnify and hold harmless the City from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by the City with respect to the waste stream Collected under this Agreement. B. Franchisee warrants and represents that it is familiar with City's waste characterization study as set forth in City's SRRE, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the 50% diversion goal set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. 4. Insurance Franchisee shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Franchisee's performance hereunder or the actions or inactions of any of Franchisee's officers, agents, representatives, employees, or subcontractors in connection with Franchisee's performance. The insurance requirements hereunder in no way limit Franchisee's various defense and indemnification obligations, or any other obligations as set forth herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). 2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance. Franchisee shall maintain in force for the term of this Agreement limits no less than: 1. Comprehensive General Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, Personal injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 2. Automobile Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per accident for bodily injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self-insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by City. If, in the reasonable opinion of the City, Franchisee does not have sufficient financial resources to protect the City from exposure with respect to any deductibles or self-insured retentions, at the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention's as respects City, its officials, employees and agents; or Franchisee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Franchisee; Premises owned, leased or used by Franchisee; or vehicles owned, leased, hired or borrowed by Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers. b) Franchisee's insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Franchisee's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers. d) Coverage shall state that Franchisee's insurance shall 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. 2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Franchisee for City. 3. All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, 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. E. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better. F. Verification of Coverage. Franchisee shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Companies and Subcontractors. Franchisee shall include all companies and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each company and subcontractor performing work within the City. All coverages for companies and subcontractors shall be subject to all of the requirements stated herein. H. Required Endorsements The Workers' Compensation policy shall contain an endorsement in substantially the following form: "Thirty (30) days prior written notice (ten (10) days in the event of cancellation for non-payment) by certified mail, return receipt requested, shall be given to City in the event of cancellation, reduction in coverage, or non -renewal of this policy. Such notice shall be sent to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 2. The Public Liability policy shall contain endorsements in substantially the following form: a) "Thirty (30) days prior written notice (ten (10) days in the event of cancellation for non-payment) shall be given to City in the event of cancellation, reduction in coverage, or non- renewal of this policy. Such notice shall be sent to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 b) "City, its officers, elective and appointive boards, commissions, employees, and agents are additional insureds on this policy." c) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." d) "Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Franchisee. This policy shall protect Franchisee and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Franchisee's liability as set forth in the policy beyond the amount shown or to which Franchisee would have been liable if only one party had been named as an insured." I. Delivery of Proof of Coverage. Simultaneously with the execution of this Agreement, Franchisee shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall have all required endorsements. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City. Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term. J. Other Insurance Requirements 1. In the event any services are delegated to another company or subcontractor, Franchisee require such franchisee or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the Franchisee or subcontractor's employees engaged in the work in accordance with this Section 4. The liability insurance required by this Section 1 shall cover all Franchisee or subcontractors or the Franchisee or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 4. 2. Franchisee shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Franchisee from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Franchisee or any franchisee or subcontractor on account of any occurrence related to this Agreement, Franchisee shall promptly report the facts in writing to the insurance carrier and to City. If Franchisee fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Franchisee's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Franchisee. 5. Faithful Performance Bond A. Prior to the Commencement Date, Franchisee shall deliver to City a performance bond in the sum of the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void at the conclusion of the term of this Agreement only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. B. In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the performance bond, Franchisee shall restore the performance bond to its face amount within 30 days of the City's declaration. Failure to restore the performance bond to its full amount within 30 days shall be a material breach of the Agreement. 6. Faithful Performance Letter of Credit A. In addition to a corporate surety bond as noted in Section 5 above, Franchisee shall furnish an irrevocable letter of credit drawn upon a financial institution with an office within one hundred (100) miles of City in the amount of Two Hundred Fifty Thousand Dollars ($250,000), in a form acceptable to the City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall be the sole responsibility of Franchisee, and shall be released within thirty days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Franchisee's satisfactory performance of all obligations hereunder. B. Thirty (30) days following City providing Franchisee with written notice of its failure to pay City any amount owing under this Agreement, the LOC may be drawn upon by City for purposes including, but not limited to: 1. Payment of sums due under the terms of this Agreement which Franchisee has failed to timely pay to City 2. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Franchisee. City may draw upon the entire Letter of Credit and convert it to a cash deposit if Franchisee fails to cause the Letter of Credit to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the term hereof. EXHIBIT A COMMERCIAL AGREEMENT BURRTEC NONEXCLUSIVE FRANCHISE AGREEMENT This Nonexclusive Franchise Agreement ("Agreement') is entered into as of , 2013 ("Effective Date") by and between the City of Santa Clarita, a California municipal corporation (the "City") and Burrtec Waste Industries, Inc., a California corporation, ("Franchisee"), who agree as follows: 1. Recitals. This Agreement is made with reference to the following facts and circumstances: (a) On July 1, 2012, Franchisee entered into a nonexclusive franchise agreement with the County of Los Angeles ("County") for solid waste management services in bins to commercial enterprises in the unincorporated territory of the County, including the unincorporated portions of the Santa Clarita Valley ("County Franchise"). A copy of the County Franchise is attached as Exhibit 1. (b) The County Franchise is an open market competitive agreement that sets forth, among other things, certain terms and conditions that Franchisee must comply with in providing solid waste management services. The termination date of the County Franchise was June 30, 2019. (c) In 2012 and 2013, the City completed annexations of certain portions of unincorporated land in Los Angeles County into the City (the "Annexed Areas"). The Annexed Areas are described in the attached Exhibit 2. (d) The County has taken the position that the County Franchise applies only to the unincorporated areas of the County and consequently, it will no longer remain in force and effect as of the date the Annexed Areas are officially annexed into the City. (e) Pursuant to Public Resources Code section 49520, the City has notified Franchisee that the City intends to contract for exclusive solid waste handling services with another provider for the Annexed Areas. (f) The Parties agree that pursuant to Public Resources Code section 49520, Franchisee has the right to continue to provide solid waste handling services for commercial enterprises in the Annexed Areas for a period of five years from the date the City provided notice of its intent to have an exclusive provider for the Annexed Areas, which is agreed to be June 14, 2012 for the Soledad Commons, Copperstone, and Elsmere Canyon areas, and December 17, 2012 for the Fair Oaks Ranch, West Sand Canyon and North Copper Hill areas, and April 16, 2013 for South Sand Canyon area, and August 15, 2013 for the Norland/Robinson Ranch areas. (g) Pursuant to Public Resources Code section 40521, Franchisee must provide such continued solid waste handling services in the Annexed Areas in substantial compliance with the terms and conditions of the County Franchise and must meet the quality and frequency of service that is provided by the City in the City's incorporated areas for such similar service. (h) The City and Franchisee both desire that Franchisee continue to provide solid waste handling services to commercial enterprises in the Annexed Areas and pursuant to the terms and conditions in the County Franchise until the expiration of the term of this Agreement, with some limited amendments. (i) This Agreement will ensure that Franchisee provide solid waste handling services to commercial enterprises in the Annexed Areas in compliance with the terms and conditions of the County Franchise, with certain amendments that are consistent with City standards, until the expiration of the term of this Agreement. This will guarantee consistency and will improve uniformity of service in the Annexed Areas during the term in which the Franchisee has the right to continue to provide such services. 2. Agreement. The City and the Franchisee agree that Franchisee will continue to provide solid waste handling services to commercial enterprises in the Annexed Areas pursuant to, and bound by, the terms and conditions of the County Franchise for the Term (as defined below) of this Agreement, with the following amendments: (a) Any reference to the "County", "Los Angeles County", the "Los Angeles County Department of Public Works", or the "Director of the Los Angeles Department of Public Works" in the County Franchise shall mean "City". (b) Section 1(D) of the County Franchise concerning franchise fees is deleted and replaced with the attached Exhibit 3. (c) Section 2(A)(1) of the County Franchise concerning expiration date is deleted and replaced by Section 3 of this Agreement. (d) Section 13 of the County Franchise concerning Indemnification is deleted and replaced with the attached Exhibit 4. (e) Section 14 of the County Franchise concerning Insurance is deleted and replaced with the attached Exhibit 5. (f) All reference in the County Franchise to "roll -off box" or "roll -off' service is deleted and replaced with the attached Exhibit 6, which is a copy of the existing temporary bin and roll -off solid waste franchise agreement between Franchisee and City ("Existing Roll -Off Agreement"), and Franchisee agrees to abide by the terms and conditions in the Existing Roll -Off Agreement and any future amendments to such. 3. Term and Termination. The term of this Agreement begins on the Effective Date and terminates as follows: Franchisee's rights to provide service and obligations under this Agreement with regard to the Annexed Areas terminate as follows: 1. On June 14, 2017 for the annexed areas of Soledad Commons, Copperstone, and Elsmere Canyon; 2. On December 17, 2017 for the annexed areas of Fair Oaks Ranch and West Sand Canyon; and 3. On December 17, 2017 for the annexed area of North Copper Hill; and 4. On October 16, 2018 for the annexed area of South Sand Canyon; and 5. On October 16, 2018 for the annexed areas of Norland and Robinson Ranch. These five dates are collectively referred to as the "Annexed Area Termination Dates". For the avoidance of doubt, Franchisee shall have no further right to provide solid waste handling services to commercial enterprises in the Annexed Area after the Annexed Area Termination Dates, unless otherwise authorized in writing by the City. 4. Transition Plan. Franchisee shall submit a detailed transition plan six months prior to the Annexed Area Termination Date that outlines how it intends to ensure that the transition from Franchisee to the City's exclusive hauler will be carried out in an efficient manner and will not impact the provision of services to City residents. [Signature Page Follows] IN WITNESS WHEREOF, the Parties enter into this Amendment of the Assigned Franchise as of the date first written above. BURRTEC WASTE INDUSTRIES, INC. 0 CITY OF SANTA CLARITA By: Kenneth W. Striplin City Manager ATTEST: Bv: Armine Chaparyan Interim City Clerk APPROVED AS TO FORM: By: Joseph M. Montes City Attorney EXHIBIT 1 (Nonexclusive County Franchise Agreement) CONTRACTOR'S FILE COPY Non -Exclusive Commercial Solid Waste Collection Franchise Agreement For the Unincorporated Areas of The County of Los Angeles BETWEEN THE COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS AND BURRTEC WASTE INDUSTRIES, INC. CONTRACT # 003055 Franchise Date: JULY 1, 2012 Expiration Date: JUNE 30, 2019 2012-FA001 Non -Exclusive Commercial Franchise TABLE OF CONTENTS REFERENCES................................................................................................................ 3 RECITALS...................................................................................................................... 9 SECTION 1 - FRANCHISE GRANT..............................................................................10 SECTION 2 -TERM ......................................................................................................13 SECTION 3 - SCOPE OF FRANCHISE SERVICES.....................................................15 SECTION 4 - SERVICE STANDARDS.........................................................................17 SECTION 5 - PRIVACY................................................................................................19 SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING ...................19 SECTION 7 -CUSTOMER SERVICE...........................................................................20 SECTION 8 - OWNERSHIP OF MSW; DISCLAIMERS................................................23 SECTION 9 -SETTING RATES AND CUSTOMER BILLING......................................23 SECTION 10 - FRANCHISEE RECORDS; AUDITS ..................................................... 23 SECTION 11 -COUNTY'S DIVERSION PRIORITIES..................................................26 SECTION 12 - REPORTS............................................................................................. 27 SECTION 13 - INDEMNIFICATION..............................................................................28 SECTION 14 - INSURANCE.........................................................................................30 SECTION 15 - FINANCIAL ASSURANCE...................................................................30 SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT............................................................................................................... 31 SECTION 17 - ENFORCEMENT OF AGREEMENT.....................................................37 SECTION 18 - GENERAL PROVISIONS..................................................................... 39 SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT.................40 SECTION 20 - EXECUTION OF AGREEMENT...........................................................41 ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES..................................43 ATTACHMENT NO. 2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES...............................................................52 ATTACHMENT NO. 3 (Section 14) -INSURANCE REQUIREMENTS ........................53 ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS................................................................................................................ 60 EXHIBIT A - LIST OF UNINCORPORATED COUNTY COMMUNITIES ......................65 EXHIBIT B - MAP OF UNINCORPORATED COUNTY AREAS................................66 EXHIBIT C - CUSTOMER BILL OF RIGHTS.....................................................69 EXHIBIT D - MANDATORY RECYCLING REQUIREMENTS................................72 EXHIBIT E - DEFAULTED PROPERTY TAX REDUCTION PROGRAM ..................... 88 EXHIBIT F - INTERNAL REVENUE SERVICE NOTICE 1015 ....................................92 EXHIBIT G - SAFELY SURRENDERED BABY LAW POSTERS ...........................93 EXHIBIT H - BOND FOR FAITHFUL PERFORMANCE........................................97 EXHIBIT I - FRANCHISE DOCUMENTATION...................................................98 2012-FA001 Non -Exclusive Commercial Franchise REFERENCES The text in this Franchise Agreement uses the following conventions: (1) References to Sections and Articles refer to Sections and Articles of this Agreement, unless specified otherwise. (2) References to Attachments and Exhibits refer to Attachments and Exhibits appended to this Agreement. (3) References to Subsections are to the Section in which that Subsection occurs, unless specified otherwise. (4) Words have the meanings defined below or in the text of this Agreement. Definitions inserted in text are italicized. 3 2012-FA001 Non -Exclusive Commercial Franchise SECTION DEFINITION AB 939 California Integrated Waste Management Act of 1989, California Public Resources Code 40000 et seg. bin 1A breach 16A bulky item Attachment No. 1 F2 cart 1 B No.(5) CCR California Code of Regulations CEDs A "covered electronic device" as defined in California Public Resources Code Section 42463, including: (1) cathode ray tube (CRT) device (including television and computer monitor); (2) LCD desktop monitor; (3) Laptop computer with LCD display; (4) LCD television; (5) plasma television; and (6) any other "covered electronic devices" listed in the regulations adopted by the California Department of Toxic Substances Control pursuant to California Health and Safety Code Section 25214.10.1(b). container Cart, bin, roll -off box or other container for storing discarded solid waste pending collection. 3 2012-FA001 Non -Exclusive Commercial Franchise commercial Refers to premises such as stores; offices; industrial plants; private schools; restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers and nursing homes (with respect to nonmedical waste only). Commercial does not include residential premises or multifamily premises. County business 4F day County's office 4F hours County's Direct costs of COUNTY (including payroll and reimbursement benefits, materials, and services) plus 35 percent costs thereof. customer Someone who subscribes to franchise services from FRANCHISEE. Customer Bill of 7C Rights Customer 7C Subscription Order date of this Paragraph Agreement above Recitals day Calendar day default 1681 Director The County of Los Angeles Director of Public Works or his or her authorized representative. E -waste Waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, and calculators. franchise fee 1D franchise 1A services franchise year July 1 — June 30 (contrasted with a calendar year) Garbage Districts formed pursuant to Public Resources Disposal Districts Code Section 4900 et seq., and Los Angeles County Code Chapter 29.90. 4 2012-FA001 Non -Exclusive Commercial Franchise immediatefamily 1E including "including, without limitation" law 4A liabilities 13D MRF Materials Recovery Facility multifamily Refers to the following premises: (1) dwellings with three or more attached dwelling units (such as apartments), each with separate cooking and bathing facilities; (2) townhouses, whether attached or detached, (3) condominiums, whether attached or detached; or (4) the following developments that receive solid waste services in bins: • planned residential developments (PRD's), • planned urban development's (PUD's), and • community developments (such as mobile home parks). notice 18C premises A tract of land with habitable buildings located in the service area, which is safely accessible by trucks used to provide franchise services. promptly Within two County business days quarter The following periods: (1) January 1 — March 31, (2) April 1 — June 30, (3) July 1 — September 30, or (4) October 1 — December 31. reasonable Actions that a prudent business person would efforts take under the same or similar circumstances intending in good faith to satisfy its obligations. records 10A recyclables 1131 On the date of this Agreement, recyclables include the following types of solid waste: (1) aluminum and metal cans; (2) newspaper; (3) glass jars and bottles; 4 tin cans; 5 2012-FA001 Non -Exclusive Conrvnerclal Franchise 6 2012-FA001 Non -Exclusive Commercial Franchise (5) plastic soda bottles; (6) plastic milk and water jugs; (7) plastic bags (e.g., bread, frozen food, grocery bags); (8) type No. 1 plastic containers (PET - polyethylene terephthalate); (9) type No. 2 plastic containers (HDPE -high density polyethylene); and type No.3-7 containers. (10) all types of paper (e.g., office paper, junk mail, magazines, telephone books); (11) corrugated cardboard refuse "Solid waste" comprised of garbage, rubbish and trash regulatory 4A authority Request for All documentation and information that Statement of FRANCHISEE submits to COUNTY and that the Qualifications Director deems complete, including: (1) Unpermitted Waste Screening Protocol; (2) Customer Subscription Order Template Form; (3) Recycling and Waste Diversion Plan; (4) Vehicle List residential Refers to premises containing detached, single- family homes or duplexes, other than: (1) townhouses, whether attached or detached, (2) condominiums, whether attached or detached, or (3) the following developments that receive solid waste services in carts: • planned residential developments (PRD's), • planned urban development's (PUD's), and • community developments (such as mobile home parks) roll -off box 1A service area The unincorporated area of the COUNTY 6 2012-FA001 Non -Exclusive Commercial Franchise sharps Attachment No.1 E3b solid waste 1A solid waste 36 facility solid waste (1) "Solid waste handling" defined under management California Public Resource Code Section services 40195 (on the date of this Agreement, collection, transportation storage, transfer or processing of solid waste), and (2) "Solid waste disposal" defined under California Public Resource Code Section 40192, as required by County Code Section 20.72.140 subcontractors Anyone that provides goods or services (whether or not pursuant to oral or written agreement), related to: (1) collection, transportation, or storage of solid waste, CEDs or E -waste handled under this Agreement; or (2) operation, maintenance, and repair of assets used to provide franchise services such as For example transfer 1 E uncontrollable The following events: circumstances (1) riots, war, or emergency affecting the COUNTY declared by the President of the United States or Congress of the United States, the Governor of California, or the Board of Supervisors; (2) sabotage, civil disturbance, insurrection, explosion; (3) natural disasters such as Floods, earthquakes, landslides, and fires; (4) strikes, lockouts and other labor disturbances; and (5) other catastrophic events that are beyond the reasonable control of FRANCHISEE despite FRANCHISEE'S reasonable efforts, excluding: • FRANCHISEE'S financial inability to provide franchise services, or 2012-FA001 Non -Exclusive Commercial Franchise 8 2012-FA001 Non -Exclusive Commercial Franchise . FRANCHISEE's failure to obtain any permits necessary to provide franchise services or the right to use the facilities of any public entity unpermitted 6A waste violation/violation Any noncompliance with law as evidenced by of law notice, assessment, or determination of any regulatory authority to FRANCHISEE, whether or not a fine or penalty is included, assessed, levied, or attached. year Calendar year, unless "franchise year" is explicitly rovided. 8 2012-FA001 Non -Exclusive Commercial Franchise The County of Los Angeles, a political subdivision of the State of California (COUNTY), and Burrtec Waste Industries, Inc., a California Corporation (FRANCHISEE) enter into this Agreement on the date of this Agreement. "date of this Agreement" means the date that both parties have signed this Agreement in Section 20. RECITALS OPEN MARKET COMPETITION. Historically, private waste haulers and not County have arranged to provide municipal solid waste management services in bins to commercial enterprises in the unincorporated territory of County. Private haulers and their commercial customers have competitively negotiated service charges in an open - market, except in Garbage Disposal Districts and residential franchise areas, where the haulers contract with County to provide solid waste management services. FRANCHISE PURPOSE. Under this Agreement, private haulers will continue to arrange to provide solid waste management service in bins to commercial customers, subject to the terms of this Agreement. This Agreement will: increase hauler accountability for customer service, help implement the Source Reduction and Recycling Element of the County's Solid Waste Plan, including providing diversion programs, maintaining more accurate records and improving reporting, and specifically the establishment and enforcement of recycling programs for businesses and multifamily dwellings, provide efficient contract administration and enforcement by COUNTY staff, and provide bulky waste collection to curb illegal dumping . SOLID WASTE PERMITS. Article XI, Section 7 of the California State Constitution authorizes COUNTY to protect the public health and safety by exercising its authority over police and sanitary matters. Historically, the COUNTY Department of Health Services issued permits to haulers for the hauling of solid waste with requirements to protect public health and safety, including frequency of collection and collection vehicle maintenance. It will continue to do so, and FRANCHISEE shall continue to obtain that permit and comply with all of its provisions. SELF -HAUL OPTION. This Agreement does not require anyone to subscribe to franchise services from FRANCHISEE. Owners and occupants of premises may self - haul their solid waste. They may store solid waste generated on their premises in their own containers, and collect and transport it in their own vehicles for reuse, recycling, or disposal. Customers' obligations to pay FRANCHISEE service fees under this 9 2012-FA001 Non-E<clusive commercial Franchise Agreement does not arise because they own property, but because they generate refuse and do not exercise their right to self -haul. FRANCHISE AUTHORIZATION. California Public Resources Code Section 40059 specifically authorizes COUNTY to prescribe the terms and conditions of aspects of solid waste management services, including: • the nature, location, and level/extent of services. • frequency of collection; • means of collection and transportation; • service charges and fees; and • whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. County Code Chapter 20.70 authorizes the Director to require franchises in any part of the unincorporated territory of the County that is not served by a Garbage Disposal D istrict. COUNTY consulted with representatives of waste haulers in developing this Agreement. COUNTY and representatives of the private hauling industry met many times to discuss the scope of franchise services, service specifications, service standards, and other performance obligations and to address the industry's questions, comments, and concerns. SECTION 1 — FRANCHISE GRANT A. Non -Exclusive Grant and Acceptance. COUNTY grants to FRANCHISEE and FRANCHISEE accepts the non-exclusive right and privilege to provide franchise services with respect to solid waste discarded in bins and roll -off boxes and within the unincorporated areas of the COUNTY. In COUNTY'S sole discretion, COUNTY may also grant to other persons the same rights and privileges that it grants FRANCHISEE under this Agreement. COUNTY is not liable to FRANCHISEE for acts of anyone who provides solid waste management services without a permit or franchise required by law, and FRANCHISEE releases COUNTY from any liability in connection with any of those acts. "franchise services" means all FRANCHISEE'S obligations under this Agreement to its customers and COUNTY. "solid waste" means "solid waste" defined in California Public Resource Code Section 40191. "bin" means any container for storage of solid waste that is picked up with front end 10 2012-FA001 Non -Exclusive Commercial Franchise loading vehicles, such as those having a 1- to 8 -yard capacity, commonly referred to as dumpsters. "roll -off box" means any open -topped rectangular container for storage, collection, and transport of solid waste that are rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks), sometimes referred to as debris boxes. B. Exclusions from Franchise. This grant excludes: (1) recyclables that any person donates or sells to someone other than FRANCHISEE. recyclables" means types of solid waste designated by COUNTY. (2) solid waste that any person self -hauls, such as shingles generated by roofers and yard waste by gardeners who: • collect the solid waste in receptacles other than those provided by FRANCHISEE, and • transport the solid waste in that person's own vehicles for disposal or processing. (3) solid waste discarded at premises owned or controlled by COUNTY or any other person governed by the Board of Supervisors ; (4) solid waste discarded at premises owned or controlled by: • the State of California; • any school district; or • any person that is not legally obligated to subscribe to franchise services. (5) solid waste discarded in carts at premises that receive franchise services under an exclusive franchise awarded by the COUNTY for cart service (such as an Exclusive Franchise Agreement For Provision of Refuse, Recyclables, and Green Waste Automated Cart Services at Residential Premises and Certain Multifamily and Commercial Premises), including residential, multifamily and commercial premises. However, FRANCHISEE must collect recyclables discarded in carts at customers' premises under its Recycling and Waste Diversion Plan in its Request for Statement of Qualifications and Attachment No. 1. "cart" means a wheeled container for storage of solid waste that is (semi) automatically picked up by mechanical arms on a side loading truck (6) solid waste discarded by anyone who is receiving solid waste management services from a solid waste enterprise (if any) that has the statutory right to continue to provide franchise services to that person under California Public Resource Code Section 49520 et seq. 11 2012-FA001 Non -Exclusive commercial Franchise C. Definition of Rights. FRANCHISEE acknowledges: (1) This Agreement does not grant FRANCHISEE any rights under Public Resource Code Section 49520. (2) FRANCHISEE does not have the right to make any claim under Public Resource Code Section 49520, but only under this Agreement. Upon expiration or termination of this Agreement, FRANCHISEE shall cease providing franchise services even if the expiration or termination occurs before the end of the period described in Public Resource Code Section 49520. After expiration or termination of this Agreement, COUNTY may reprocure one or more agreements for solid waste management services with FRANCHISEE or other persons. Those agreements may be exclusive, partially exclusive, or wholly exclusive franchises, contracts, licenses, permits or otherwise, with or without competitive bidding. D. Franchise Fee. "franchise fee" means the franchise fee established from time to time and paid under COUNTY Code Chapter 20.70 and implementing ordinances or resolutions of the Board of Supervisors. In consideration for this franchise, FRANCHISEE shall be obligated to COUNTY beginning on the date of this agreement, and shall pay the franchise fee at the time and in the amount and manner established from time to time by County ordinance or resolution of the Board of Supervisors. FRANCHISEE shall not separately identify the franchise fee in correspondence with its customers, such as in customer subscription orders or service bills, unless the language is approved by COUNTY. All communication with customers regarding increased charges, including both written and oral communication, shall be approved by County. FRANCHISEE shall pay the franchise fee with respect to all fees that it charges customers, including customers that subscribe to: (1) franchise services for bins (such as centrally -located green waste bins in a multifamily complex), and (2) non -franchise services for carts (such as individual carts for each dwelling within a multifamily complex) unless FRANCHISEE pays franchise fees with respect to all or a part of those fees under County residential franchises. E. Transfer. FRANCHISEE may transfer this Agreement, the franchise granted under it, or any rights or duties under it: 1. in whole or in part, whether voluntarily or involuntarily, 12 2012-FA001 Non -Exclusive Commercial Franchise directly or indirectly (including through asset purchase, or merger with or acquisition of the FRANCHISEE), subject to the following exception. FRANCHISEE may not make that transfer without the Director's prior written consent exercised in the Director's sole discretion, if the party to whom the FRANCHISEE makes the transfer (the transferee) does not qualify for any previously extended term of this agreement under Section 2. For example, if the existing FRANCHISEE (transferor) purchased alternative fueled vehicles and this agreement was consequently extended, then the combined vehicle fleet of new FRANCHISEE (transferee) must continue to meet the requirements for that extended term. Upon County request, FRANCHISEE shall pay County an amount requested by County, to conduct investigations deemed necessary by County to determine whether or not to grant its consent to the transfer. "transfer" means an action (or inaction) which has the direct (or indirect) effect of changing the permittee named on FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health. SECTION 2 — TERM A. Length of Term. Expiration Date. The term of this Agreement begins on the date of this Agreement and ends on the "Expiration Date" on the cover of this Agreement which is initially the same for all franchisees under Non - Exclusive Commercial Solid Waste Collection Franchise Agreements. Earned Extension. a. 50 percent Fleet Conversion. The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the following contract conditions, determined to satisfaction of COUNTY in COUNTY's sole discretion: 1. FRANCHISEE is not in breach of this Agreement, including compliance with Diesel Particulate Matter Control Measures 13 CCR 2020 et seq.; and 2. 50 percent of the trucks that FRANCHISEE uses to provide franchise services meet the technical specifications for both of the following: new solid waste collection vehicles under Section (d)(1) of the South Coast Air Quality Management District (SCAQMD) 13 2012-FA001 Non -Exclusive Commercial Franchise RULE 1193. CLEAN ON -ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES in effect on the date of this agreement, and added or replaced transfer or roll off vehicles under Section (d)(2) of Rule 1193. The technical specifications in Diesel Particulate Matter Control Measures 13 CCR 2020 at seq. are incorporated by reference into this agreement as contractual provisions, whether or not those Measures apply to this agreement or FRANCHISEE as regulatory requirements. 50 Percent CONVERSION DATE EXTENDED EXPIRATION DATE as of this franchise date/ prior to July 1, 2012 June 30, 2022 prior to July 1, 2013 June 30, 2021 prior to July 1, 2014 June 30, 2020 b. 75 percent Fleet Conversion. The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the preceding contract conditions in Subsection 2a, above, with respect to 75 percent of those trucks, determined to satisfaction of COUNTY in COUNTY's sole discretion: 75 Percent CONVERSION DATE EXTENDED EXPIRATION DATE prior to July 1, 2015 June 30, 2022 prior tojuly 1, 2016 June 30, 2021 prior to July 1, 2017 June 30, 2020 C. Proof of Conversion. Each year FRANCHISEE shall attach to its annual report an inventory of all solid waste collection, transfer, and roll off vehicles used to provide franchise services, including the following information: 1. 2. 3. 4. 5. 6. 7. application (solid waste collection vehicle identification number, license plate number, engine model year, fuel type, domicile location, and roll off, or transfer) other information requested by COUNTY. Throughout the extended term, FRANCHISEE must continue to meet both extension conditions determined to satisfaction of COUNTY in COUNTY's sole discretion. 14 2012-FA001 Non -Exclusive Commerclal Franchise d. No Conversion or Earned Extension. If FRANCHISEE does not meet either the 50 percent or 75 percent extension requirement, then upon scheduled expiration of this agreement on June 30, 2019, the term of this agreement will be extended on a month -by -month basis until the earlier of: 1. the date the Director names in notice to FRANCHISEE, given in the Director's sole discretion, or 2. June 30, 2022. 3. Optional Extension. In its sole discretion the Director may extend the term one or more times in monthly increments for up to three years plus a month-to-month extension up to six months. B. Continuing Obligations. The following provisions survive the expiration or termination of this Agreement: (1) all acknowledgments, representations, warranties, indemnities, defenses, and releases; (2) obligations to pay any due and payable monetary amounts or claims for those amounts, including franchise fees; (3) obligations with respect to records and reports, (4) obligations to respect customers' privacy; and (5) any other provision of this Agreement stated to survive the expiration or termination of this Agreement. C. Undepreciated Assets. FRANCHISEE acknowledges that it has no right to recover an amount equal to the undepreciated value of assets it uses to provide franchise services that might remain at the expiration or termination of this Agreement, from COUNTY or customers. SECTION 3 — SCOPE OF FRANCHISE SERVICES A. Arrangement with Customers. FRANCHISEE may independently arrange to provide franchise services in bins and roll -off boxes in the service area at the frequency, capacity, price, and other terms agreed to with its customers. B. Acknowledgements. FRANCHISEE acknowledges the following: (1) Although this Agreement prescribes minimum scope of franchise services, service specifications, and service standards, COUNTY is not responsible for supervising or performing franchise services; (2) FRANCHISEE and not COUNTY is arranging for franchise services, and COUNTY does not become a "generator" or an "arranger" as those terms are used in the context of CERCtA Section 107(a)(3), and 15 2012-FA001 Non -Exclusive Commercial Franchise (3) FRANCHISEE has full freedom, discretion, and responsibility to solely determine the manner of providing franchise services, including its choice of solid waste facilities, unless COUNTY designates one or more solid waste facilities under Section 3G. "solid waste facilities" means "solid waste facility" defined in Public Resource Code Section 40194; facilities that handle CEDs and E -waste; and any other facilities named by COUNTY. C. COUNTY Solid Waste Programs. FRANCHISEE shall provide to its customers all franchise services in bins and roll -off boxes described in ATTACHMENTS No. 1 and No. 2, respectively. FRANCHISEE shall not dispose of recyclables or mix recyclables with refuse. D. Director Request. Upon Director request, FRANCHISEE shall use its best efforts to promptly provide franchise services to any premises identified by Director, as the Director deems necessary to protect public health or safety. E. Emergency Assistance. FRANCHISEE shall provide solid waste management services requested by COUNTY in health and safety emergencies (such as an earthquake, storm, or riot, or when solid waste is accumulating at set -out sites for more than a week). FRANCHISEE shall charge COUNTY no more than what FRANCHISEE charges its customers for the same frequency and capacity of service, unless Director authorizes different charges upon request of and cost substantiation by FRANCHISE. Upon request of COUNTY, FRANCHISEE shall give COUNTY, California or Federal officials information that is related to cost of providing the emergency services (such as number or amount of vehicles, fuel, employees, tonnage and disposal fees). F. Franchisee -Selected Solid Waste Facilities. Unless COUNTY designates one or more solid waste facilities under Section 3G, FRANCHISEE shall select solid waste facilities solely in its discretion, including transfer stations and material recovery; composting and disposal facilities; and materials brokers and beneficiators. FRANCHISEE shall notify COUNTY of the solid waste facilities that FRANCHISEE chooses for each respective type of solid waste (refuse, recyclables, bulky items, and any green waste), CEDs, and E -waste. FRANCHISEE must deliver solid waste, CEDs and E -waste only to those facilities. G. Designation. County reserves the right to direct one or more of those materials referenced above to a specified site or facility [within the County] upon agreement with FRANCHISEE on the amount of any additional compensation under the following subsection. 16 2012-FA001 Non -Exclusive Commercial Franchise H. Compensation. COUNTY will compensate FRANCHISEE for any direct costs (such as increased tipping fees) which FRANCHISEE incurs following delivery of materials to a County -designated solid waste facility instead of to a Franchisee -selected solid waste facility. SECTION 4 - SERVICE STANDARDS A. Legal Requirements. FRANCHISEE shall provide franchise services in compliance with law, such as the following: (1) County Code Section 20.72.130 Hours of Collection; (2) 14 California Code of Regulations 17314 & 17316 (RE maintenance, placement and labeling of containers); (3) FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health, including any recycling plans and waste screening protocols; (4) County Code Section 2.200 County Child Support Compliance Program, provided in Attachment 4 "Labor-Retated Provisions Required in County Contracts',- (5) ontracts";(5) County Property Tax Reduction Ordinance in County Code Section 2.206 (unless FRANCHISEE qualifies for an exemption or exclusion) as provided in Section 16D; (6) California Air Resources Board Diesel Particulate Matter Control Measures at 13 CCR 2020 et seq.; and (7) South Coast Air Quality Management District Rule 1193 CLEAN ON - ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES. "law" means all statutes, regulations, rules, guidelines, permits, actions determinations, order or requirements of regulatory authorities that apply to franchise services or this Agreement, including their future amendments, supplements, replacement, restatement or recodiflication. "regulatory authority" means a Federal, State or local governmental agency that regulates franchise services, including CA DOT, CA DMV, EDD, COUNTY, COUNTY'S LEA and U.S. Immigration and Naturalization Services, or other health and safety department of the agency. Provisions of law are incorporated into this Agreement by reference as FRANCHISEE's contractual obligations. COUNTY may enforce those provisions not as violations of law (subject to fines or penalties), but as breaches of this 17 2012-FA001 Non -Exclusive Commercial Franchise Agreement (subject to remedies under this Agreement). COUNTY has no obligation to enforce law. B. Spills. FRANCHISEE shall enclose or cover all solid waste that it transports, whether in vehicles, debris boxes, hoppers, compactors, or any other containers. FRANCHISEE shall prevent solid waste from escaping, dropping, spilling, leaking, blowing, sifting, falling, or scattering from vehicles ("spills") during collection and transportation. FRANCHISEE shall not transfer loads from one vehicle to another vehicle unless necessitated by mechanical failure or accidental damage to a vehicle. FRANCHISEE shall immediately clean up any solid waste that it spills onto any alley, street, or public place. C. Leaking. FRANCHISEE shall prevent oil, hydraulic fluid, paint, putrescible waste, or other liquid from leaking from its vehicles or containers. FRANCHISEE shall equip each vehicle with petroleum absorbent agents and other appropriate cleaning agents. FRANCHISEE shall immediately cover, treat, or remove leaked materials from the ground and apply cleaning agent to minimize their adverse impact. D. Noise and Traffic. FRANCHISEE shall collect solid waste in compliance with noise levels prescribed by applicable law, including County Code Section 12.08.520 -Refuse, as quietly as possible and with the least possible disruption to the peace and quiet of the service area. FRANCHISEE shall perform franchise services so as to cause the least possible obstruction and inconvenience to public traffic. E. Customer Correspondence and Other Materials. FRANCHISEE shall submit the following materials to the Director for approval 30 days prior to mailing them to customers: (1) all written materials given to FRANCHISEE'S customers (other than with respect to an individual customer's service disputes, questions, or complaints), and (2) all materials that reference franchise services, such as sales brochures; commercial advertisements, and news releases. Responsiveness to County. FRANCHISEE shall (1) return telephone calls from COUNTY to the individual who made that call during County office hours no later than the next County business day; (2) meet with COUNTY during County office hours within one week of COUNTY oral or written request at the location directed by COUNTY; (3) respond to all e-mails from COUNTY within two County business days of receipt; and 18 2012-FA001 Non -Exclusive Commercial Franchise (4) respond to written correspondence from COUNTY within one week of its receipt. "County office hours" means 7 a.m. to 5:30 p.m., Monday through Thursday and 8 a.m. to 4 p.m. on Friday. "County business days" means any day that COUNTY's Department of Public Works is open to do business with the public. G. FRANCHISEE's Representation. On the date of this Agreement, FRANCHISEE has fully complied with all law relating to the procurement of this Agreement, including faw relating to conflicts of interest and the County Lobbyist Ordinance, County Code Chapter 2.160 SECTION 5 - PRIVACY A. General. FRANCHISEE shall strictly observe and protect its customers' privacy and trade secrets, including their rights to privacy under law. In addition, FRANCHISEE shall not: (1) reveal to anyone other than COUNTY any information identifying in customers or the composition or contents of a customer's solid waste without that customer's permission, unless required by law; or (2) market or distribute mailing lists with customers' names and addresses. B. FRANCHISEE shall not assert that any privacy right accorded its customers under law prohibit FRANCHISEE from participating in solid waste characterization studies or waste stream analyses, keeping records, making reports, or assisting COUNTY in meeting any requirements under law. SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING A. Unpermitted Waste. "Unpermitted waste" means: (1) materials that are not solid waste, including: • universal waste (materials that the California Department of Toxic Substances Control considers universal waste, including materials listed in 22 CCR 66261.9), • household hazardous waste and other hazardous waste, • medical waste, and • radioactive waste; and 19 2012-FA001 Non -Exclusive Commercial Franchise (2) waste tires in excess of the number prescribed in 14 CCR 17355(6,) or reduced in volume as required in 14 CCR 17355(A); and any other materials that cannot be disposed of in class 11 sanitary landfills described in 27 CCR 20250. B. Prohibition and Protocol. FRANCHISEE is prohibited from collecting any unpermitted waste observed by FRANCHISEE, unless FRANCHISEE is legally licensed to do so. FRANCHISEE shall implement the Unpermitted Waste Screening Protocol included in its Request for Statement of Qualifications. FRANCHISEE shall annually give each of its customer's written material describing its customer education program for safe disposal. C. Reports to Director. If FRANCHISEE observes that any substance it reasonably believes or suspects to contain unpermitted waste has been disposed of or released on any COUNTY or any other public property (including storm drains, streets, or other public rights of way), FRANCHISEE shall use reasonable efforts to report its observation to the Director in addition to reporting it to the appropriate regulatory authority as legally required. D. Labels. Within three months after this franchise date FRANCHISEE shall conspicuously label each bin and roll -off box with stickers, embossing, or other secure means, prohibiting customers from discarding unpermitted waste and including illustrative examples. SECTION 7 - CUSTOMER SERVICE A. Standards. FRANCHISEE shall respond to its customers' questions and complaints in accordance with all requirements under law, such as the following: (1) County Code Section 20.72.160 (RE customer service telephone and record-keeping requirements), where, for purposes of this Agreement, the Director shall be deemed the enforcement agency, or (2) 14 CCR Section 17317 (RE placing identifying name and telephone number on containers). B. County's Reimbursement Costs. If any COUNTY employee or other person acting upon direction of the County spends more than the following amounts of time resolving customer complaints, FRANCHISEE shall reimburse COUNTY the County's reimbursement costs therefore: (1) more than one hour in the aggregate resolving complaints from any single customer of FRANCHISEE who states he or she has previously made that complaint to FRANCHISEE; or (2) more than one hour in any work week (Monday through Friday) resolving complaints from different customers of FRANCHISEE. 20 2012-FA001 Non -Exclusive Commercial Franchise C. Customer Subscription. 1. Provide to Customers "Customer Subscription Order" means Customer Subscription Order Form in Franchisee Application. "Customer Bill of Rights" means the Customer Bill of Rights in substantially the form of Exhibit No. C. Before beginning franchise services FRANCHISEE shall give each customer: (1) Customer Subscription Order, (2) Customer Bill of Rights, and (3) the most recent bi-annual newsletter (see Attachment 1, Section D1). FRANCHISEE may require those customers for whom FRANCHISEE is required to operate vehicles on private property to sign a Subscription Order containing a waiver of liability with respect to damage to private driveways or pavement, in form approved by COUNTY. FRANCHISEE shall include on its customer invoices (other than invoices to roll- off customers): (1) the address of the website that provides a summary of the Customer Bill of Rights, general Customer Subscription Order, and (2) directions on how to obtain a complete copy of a customer's Customer Service Order. 2. No Evergreen. FRANCHISEE shall not include in the terms of customer subscription orders or other service contract with its customers any automatic renewals or extensions, colloquially referred to as "evergreen" clauses, which obligate a customer to take affirmative, prescribed action in order to terminate the subscription order (such as giving written notice within a specified time period before the stated expiration of the subscription order). 3. Term Limitation. FRANCHISEE shall limit the terms of customer subscription orders to no longer than the remaining term of this Agreement. 4. Termination Option and Rights. 21 2012-FA001 Non -Exclusive Commercial Franchise (1) FRANCHISEE shall give each customer the option to terminate its customer subscription order without cause on 90 days notice to FRANCHISEE, if the customer is not delinquent in paying any fees for franchise services, and regardless of the following: 1. the term of a customer subscription order, or 2. whether or not the customer subscription order explicitly gives customer this termination right. (2) FRANCHISEE shall also give each of its customers the right to terminate service immediately in the event of emergency, or within two weeks if FRANCHISEE: • fails to provide franchise services in accordance with the terms of this Agreement or any agreement between the customer and FRANCHISEE; or • bills the customer for charges in excess of those agreed upon between the customer and FRANCHISEE. 5. No Charges. FRANCHISEE shall not impose a charge on a customer that terminates franchise service with or without cause, including liquidated damages, penalties, or bin or roll -off box removal fees. 6. Amended Customer Subscription Orders. However, FRANCHISEE shall do the following: • as of this franchise date, FRANCHISEE shall give customers a Bill of Rights explaining the evergreen prohibition and customers' termination rights; and • within 6 months of this franchise date FRANCHISEE shall amend its subscription orders to explicitly delete any evergreen provisions and grant customers their termination rights described in this Section. D. Repair and Replacement of Containers. Within two weeks of customer request or County direction, FRANCHISEE shall repair or replace containers that are damaged or constitute a threat to public health and safety (including keeping out rodents, flies, and other vectors). FRANCHISEE shall provide additional containers upon customer request. FRANCHISEE shall be bound by COUNTY's determination of whether a container is damaged or constitutes a threat to public health or safety. FRANCHISEE may charge customer for replacement of a recyclables cart. E. Overloaded Containers. If FRANCHISEE determines that a container is repeatedly filled beyond capacity, FRANCHISEE shall attach a notice to the 22 2012-FA001 NorrE clusive Commercial Franchise container warning that FRANCHISEE will not collect the container the next time it is overloaded. In its quarterly report FRANCHISEE shall give the County a copy of the notice and indicate; (1) the service location, and (2) date of the infraction. FRANCHISEE shall not refuse to collect from container unless it previously: (1) attached a warning notice to the container and (2) gave a copy to the County. F. Litter Cleanup. FRANCHISEE shall clean up all litter caused by FRANCHISEE, including during collection and transport. FRANCHISEE shall staff and equip each collection vehicle with a broom and dust pan. G. Graffiti. FRANCHISEE shall remove graffiti from all containers, paint over graffiti on all containers, or replace containers with graffiti -free containers, within two County business days of: (1) observation by FRANCHISEE'S drivers; or (2) Director's request. SECTION 8 — OWNERSHIP OF SOLID WASTE; DISCLAIMERS A. Ownership. This Agreement does not purport to grant FRANCHISEE or COUNTY ownership over materials that FRANCHISEE's customers discard for pickup by FRANCHISEE or that FRANCHISEE handles under this Agreement. The right to possession or ownership of those materials shaft be determined in accordance with law and any agreement between FRANCHISEE and its customers, and not as a result of this Agreement. Parties acknowledge that COUNTY has no ownership rights in solid waste or revenue from sale of recyclables. B. Disclaimer. COUNTY makes no representations or warranties with respect to characterization of solid waste within the COUNTY, any solid waste disposal characterization study, or projections by material type with respect to solid waste in the COUNTY. COUNTY expressly disclaims any representations and warranties, either express or implied, as to the merchantability or fitness of solid waste for any particular purpose. SECTION 9 - SETTING RATES AND CUSTOMER BILLING FRANCHISEE shall set, bill and collect fees for franchise services as agreed to with its customers. SECTION 10 - FRANCHISEE RECORDS; AUDITS 23 2012-FA001 Non -Exclusive Commercial Franchise A. Record Maintenance and Retention. "records" means any type of documentation relating to franchise services, including: (1) customer subscription orders and invoices, (2) complaint logs and customer correspondence; (3) weight tickets and receipts from solid waste facilities (including solid waste processing residual); (4) route maps and schedules, in sufficient detail to allocate solid waste collected within County and outside County on the same route; (5) receipts from recyclables, CED and E -waste transporters, shippers, brokers, beneficiators remanufacturers and purchasers, and (6) with respect to roll -off containers: encroachment permits required by law, container capacity, and • frequency of container collection. Legal Requirements. FRANCHISEE shall maintain all records required under law, including: (1) records pertaining to solid waste collection, and disposal under County Code Section 20.72.160; and (2) records under Attachment 4. 2. Inter -jurisdictional Routes a. Acknowledgement. FRANCHISEE acknowledges that it FRANCHISEE erroneously attributes solid waste that FRANCHISEE collects in incorporated cities, other counties or Garbage Disposal Districts with solid waste that FRANCHISEE collects in the unincorporated areas of the COUNTY under this Agreement, then the COUNTY may be subject to fines for failure to divert solid waste from landfill disposal as required under AB 939. b. Obligation. FRANCHISEE shall comply with 14 CCR 18808.7 and maintain records used to prepare reports submitted to COUNTY, including jurisdiction of origin necessary to determine the weight of solid waste that FRANCHISEE collects in the service area. FRANCHISEE shall document the method by which it allocates solid waste collection route that includes a jurisdiction other than the COUNTY. 3. Disposal Records. FRANCHISEE acknowledges that COUNTY may need to respond to claims (including superfund claims under CERCLA) 24 2012-FA001 Non-Fxclusive Commercial Franchise with respect to disposal of materials that FRANCHISEE handled under this Agreement. FRANCHISEE shall maintain records thereof, including: (1) quantity of solid waste collected under this Agreement; and (2) disposal location and its owner or operator (such as landfill; and incineration, composting or processing facility; or materials broker or purchaser.) FRANCHISEE shall retain those records for a period of at least five years after the expiration or termination of this Agreement. Thereafter, FRANCHISEE shall notify the Director at least 30 days before destroying those records. 4. Complaint Logs. FRANCHISEE shall enter, log, and maintain records of all complaints and their resolution in computerized format. At COUNTY'S request, FRANCHISEE shall immediately e-mail COUNTY those records and a complaining customer's subscription information. B. County Custody. If the Director believes that records may be lost, discarded, or destroyed, the Director may direct the FRANCHISEE to give COUNTY access to and custody of those records. FRANCHISEE shall promptly comply. C. Inspection and Audit. COUNTY, its staff and outside auditors may inspect, audit, and copy all records at FRANCHISEE'S office: (1) Notice: after advising FRANCHISEE by telephone or in writing five days in advance (or in extraordinary circumstances, less than five days), (2) Day: on any weekday (other than a County -recognized holiday), and (3) Hours: between the hours of 8 a.m. to 5 p.m. weekdays, and 8 a.m. to noon Saturdays. If FRANCHISEE's office is outside the COUNTY, FRANCHISEE shall promptly provide copies of those records to COUNTY at COUNTY'S offices. Within 30 days of COUNTY request, FRANCHISEE shall reimburse COUNTY for County's reimbursement cost of audit and copying expenses if the audit reveals a discrepancy of three percent or more between the amount contained in the records of the FRANCHISEE or a regulatory authority (such as the tons of solid waste collected and disposed or diverted, or the amount of FRANCHISEE'S gross receipts) and: (1) amount reported or paid to COUNTY; or (2) amount in any representation that FRANCHISEE made or information that it submitted to COUNTY. 25 2012-FA001 Non -Excursive Commercial Franchise D. Copies. FRANCHISEE shall provide copies of Customers' names, addresses, and solid waste management service levels and charges to COUNTY promptly upon request. E. Public Records Request. COUNTY shall notify FRANCHISEE as soon as practicable if: (1) Request: COUNTY receives a request to review or copy material that FRANCHISEE has marked "Trade Secret," "Confidential", or "Proprietary" in which event FRANCHISEE may present arguments and facts to COUNTY in support of FRANCHISEE'S position that the material is entitled to an exemption from disclosure under the State Public Records Act and should not be released; (2) Non -Exemption: COUNTY determines that the material is not entitled to an exemption from disclosure and that it must be released, in which event FRANCHISEE may seek a court order enjoining that release; and (3) Exemption and Action: COUNTY determines that the material is entitled to an exemption from disclosure and the one who requested the material files a legal action seeking its release. If any legal action is filed, FRANCHISEE shall either file a motion to intervene in the action or shall accept the release of the material by COUNTY. COUNTY has no obligation to defend the action and will release the material sought, without liability to FRANCHISEE, should FRANCHISEE fail to intervene in said action. (4) Within 30 days of following COUNTY's request, FRANCHISEE shall pay County's Reimbursement Costs incurred with respect to any Public Record Request for FRANCHISEE's documents. SECTION 11 - COUNTY'S DIVERSION PRIORITIES A. Acknowledgements. FRANCHISEE acknowledges that one of COUNTY's primary reasons for entering into this Agreement is to implement recycling programs at commercial and multifamily premises. FRANCHISEE shall use its best efforts to implement measures intended to achieve COUNTY's source reduction, recycling, and waste stream diversion goals for solid waste it collects. FRANCHISEE shall use its best efforts to divert solid waste from disposal and cooperate with COUNTY in conducting solid waste characterization studies and waste stream audits. B. Recycling and Waste Diversion Plan. FRANCHISEE shall implement the Recycling and Waste Diversion Plan in its Request for Statement of Qualifications. Within one year from the date of this Agreement and each following year FRANCHISEE shall submit to the Director a 26 2012-FA001 Non -Exclusive Commercial Franchise report demonstrating FRANCHISEE'S implementation of its Recycling and Waste Diversion Plan. C. Scavenging- Discouragement. FRANCHISEE shall use reasonable efforts to enforce anti -scavenging laws, including: (1) Instituting civil actions against anyone alleged to have violated California Public Resources Code Section 41950 for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $1,000.00, whichever is greater, for each unauthorized removal, under California Public Resources Code Section 41953; and (2) Taking actions under County Code Section 20.72.196 to discourage scavenging. SECTION 12 - REPORTS A. Types and Content. FRANCHISEE shall give COUNTY reports at COUNTY'S address provided for notices under Section 18C of this Agreement in format (such as electronic) and content required by COUNTY. Quarterly Reports. Within 30 days following the end of each quarter of the year, FRANCHISEE shall submit to COUNTY a combined report for each of the prior quarters in a format satisfactory to the County. Upon COUNTY request, FRANCHISEE shall provide its customer service list, including: (1) current and closed accounts, account numbers, and upon COUNTY further request, name associated with each account, (2) customer addresses, (3) level of service provided at each address, (4) additional services provided, (5) billing and payment dates, (6) incidents when FRANCHISEE left non -collection notices, (7) gross receipts from each customer, and (8) any other information associated with franchise services as requested by the Director. 2. Annual Report. On or before each August 1st, FRANCHISEE shall submit a report for the prior year to COUNTY in a format and media, and with content acceptable to the County, such as vehicle lists, discussion of recycling plan implementation and updated identification of required personnel. 27 2012-FA001 Non -Exclusive Commercial Franchise Lepally Required Reports. FRANCHISEE shall file all reports required under law, including County Code Section 20.72.50 (Area, Services, Rates and Schedules). 4. Improper Solicitations. FRANCHISEE shall immediately report any attempt by a COUNTY officer or employee to solicit improper consideration (including in the form of cash; discounts; service; or the provision of travel, entertainment, or tangible gifts), to: (1) COUNTY manager charged with the supervision of the employee; or (2) the COUNTY Fraud Hotline at (800) 554-6861 or www.lacountvfraud.org. 5. Changes in Information FRANCHISEE shall update any information submitted in the Request for Statement of Qualifications within 30 days of any change in information, including changes in service, ownership, vehicles, or equipment. B. Additional Information. Promptly upon County request FRANCHISEE shall give County information relating to this Agreement (including substantiation of information submitted in reports to COUNTY). C. Statements and Information. FRANCHISEE represents that the information and documentation submitted by or on behalf of FRANCHISEE to COUNTY in connection with the following was correct and complete in all material respects at the time originally submitted and on the date of this Agreement. (1) applying for and securing its permit issued by the Los Angeles Department of Public Health; and (2) applying for and securing this Agreement. SECTION 13 - INDEMNIFICATION. A. Indemnification. FRANCHISEE shall indemnify COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including reimbursement to COUNTY for COUNTY liabilities to a third party (such as damages resulting from a suit against COUNTY by a customer). B. Release and Hold Harmless. FRANCHISEE shall release and hold harmless COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including not seeking reimbursement from COUNTY for Franchisee's liability to a third party (such as damages resulting from a suit against FRANCHISEE by a customer). 28 2012-FA001 Non -Exclusive Commerdal Franchise C. Defense. Immediately upon commencement of any lawsuits, claims, complaints, causes of actions, or other demands brought against COUNTY for liabilities arising out of or in any way connected to this Agreement, FRANCHISEE shall: (1) defend COUNTY with counsel approved by COUNTY, or (2) fund County Reimbursement Costs of defense. COUNTY may retain co -counsel at its own cost and expense and FRANCHISEE shall direct FRANCHISEE's counsel to assist and cooperate with COUNTY co -counsel. FRANCHISEE is not obligated to indemnify, release, hold harmless, or defend County if County is found solely negligent by a court of competent jurisdiction after County has exhausted all appeals. D. Definitions. In this section, "COUNTY" includes political subdivisions, agencies, entities, or organizations for which the Board of Supervisors is the governing body; their agents, officers, and employees, elected officials, assigns, volunteers, and special districts (including Garbage Disposal Districts); and each and every one of them, They are third party beneficiaries of provisions of this indemnity. "liabilities" includes: (1) lawsuits, claims, complaints, cause of actions and other demands, (2) citations, fine and other penalties, (3) investigations (such as costs of audits) related to another type of liability (such as a fine), (4) judgments, liens, cleanup orders, and damages in contract or tort, including the following: • personal injury or death, and • property damage, (5) losses, injuries, costs and expenses (including all costs and expenses of litigation, mediation or arbitration), such as the following: • attorneys' fees, whether County Counsel or Franchisee's staff attorneys or outside attorneys, accountants' fees, whether County Finance Director or outside accounts, appraisers' fees, expert witness fees, and other detriments of every nature and description whatsoever, whether under State of California or federal law. Examples of liabilities arising out of this Agreement include operations, CalOSHA, immigration, enforcement of law, and disposal (unless COUNTY designates the disposal facility). 29 2012-FA001 Non -Exclusive Commercial Franchise Reference to "indemnification" or "indemnity" in this Agreement includes the indemnification, release, hold harmless or defense, or all of them, under this Section. SECTION 14 - INSURANCE. A. Insurance. FRANCHISEE shall obtain insurance that meets the COUNTY's specifications as required by law (including County Code Section 20.70.020) and Attachment No. 3. SECTION 15 - FINANCIAL ASSURANCE. A. Amount. FRANCHISEE shall obtain a performance bond (or other financial assurance acceptable to COUNTY in its sole discretion), payable to COUNTY and meeting COUNTY'S specifications, in the largest of the following amounts: (1) required by law (including County Code Section 20.72.040); (2) on the date of this Agreement, in the initial amount of $25,000, which is established by the COUNTY, and in each following franchise year (or if there are less than six months in the prior franchise year, that lesser number of months), 110 percent of the following amounts FRANCHISEE paid COUNTY during the first six months of the prior year: franchise fees and any other amounts owed to COUNTY (such as AB 939 fees), plus any other amounts payable to COUNTY, plus any liquidated damages; or (3) other amount prescribed by COUNTY. The performance bond must be conditioned on faithful performance by FRANCHISEE of all the FRANCHISEE'S obligations under this Agreement, including payment obligations such as franchise fees. B. Surety. The performance bond must be executed by a corporate surety licensed to transact business (admitted) as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by COUNTY. C. No Substitution. The performance bond may not allow the bond surety to substitute another person to perform franchise services. The performance bond must provide for payment of moneys to COUNTY, including payment of: (1) franchise fees; 30 2012-FA001 Non -Exclusive Commercial Franchise (2) any liquidated damages, late penalty payments, or County's reimbursement costs; and (3) any amount that FRANCHISEE paid to COUNTY, but is subsequently recovered from COUNTY in any bankruptcy or similar proceedings relating to FRANCHISEE. SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT A. Notice of Breach; Franchisee Cure. "breach" means any failure by FRANCHISEE to meet one or more of its obligations under this Agreement If the Director determines that FRANCHISEE is in breach, the Director may give notice to FRANCHISEE identifying and describing the breach. FRANCHISEE may request to confer with COUNTY within 30 days of FRANCHISEE's request. FRANCHISEE shall cure the breach within: (1) 30 days from the receipt of COUNTY'S notice (or with respect to a breach of the Child Support Compliance Program, 90 days after notice by the Los Angeles County's Child Support Services Department), or (2) a shorter period of time determined by COUNTY if COUNTY determines that the public health and safety so require. FRANCHISEE may request additional time to correct the breach, but COUNTY may accept or reject that request in its sole discretion. B. Defaults, Notice, Suspension and Termination Defaults. "default" means any of the defaults described in the table below. 2. Suspension of Agreement Together with any other rights or remedies COUNTY may exercise under this Agreement, the Director may suspend this Agreement, in whole or in part, upon occurrence of default and immediate notice. The suspension shall continue only until FRANCHISEE demonstrates to COUNTY that FRANCHISEE can once again fully perform its obligations under this Agreement. 3. Termination. Together with any other rights or remedies that COUNTY has under this Agreement, the Director may terminate this Agreement 31 2012-FA001 Non -Exclusive Commercial Franchise effective on the "Termination Date" in whole or in part, upon the occurrence of any default in the following table. However, the Director in his or her sole discretion may choose any longer or shorter "Termination Date' following COUNTY notice to FRANCHISEE upon determination that the public health and safety so require: 32 2012-FA001 Non -Exclusive Commercial Franchise TERMINATION DEFAULT DATE (No. days following COUNTY notice to FRANCHISEE of default) (1) Uncured (1) FRANCHISEE does not cure any breach 30 days or repeated of this Agreement other than breaches breach listed as specific defaults in (2) — (10) of this table, within 30 days of County notice of such breach under Section 16A, unless due to uncontrollable circumstances; or (2) FRANCHISEE repeatedly or habitually breaches this Agreement, as determined by the Director in his or her sole discretion, whether or not a FRANCHISEE has previously cured a specific instance of failure or refusal. (2) Failure to Unless due to uncontrollable circumstances, 30 days collect for 7 FRANCHISEE fails to provide franchise days services (other than under Attachment No.2 Roll -off Boxes) for a period of: (1) 7 consecutive days following any scheduled collection date; or (2) 7 days in the aggregate from the date of this Agreement. (3) Failure to FRANCHISEE fails to provide franchise 30 days collect for services for more than 7 consecutive days, more than whether or not due to uncontrollable 7da s circumstances (4) Payments FRANCHISEE does not fully and timely pay 30 days to County COUNTY any amounts under this Agreement (including payment of franchise fees and liquidated damages): 32 2012-FA001 Non -Exclusive Commercial Franchise 33 2012-FA001 Non -Exclusive Commercial Franchise (1) more than twice in any year; (2) within 30 days of dated correspondence from the COUNTY stating that payment is due; or (3) with respect to payment of a shortfall in franchise fees, within 30 days of dated correspondence from the COUNTY identifying the shortfall. (5) Specified FRANCHISEE breaches any of its 30 days defaults obligations under this Agreement with respect to the following: (1) Child Support Compliance Program (if not cured within 90 days of notice); (2) Compliance with ILO Convention Concerning Minimum Age for Employment; (3) Nondiscrimination; (4) County Lobbyist Ordinance, or (5) County Defaulted Property Tax Ordinance. (6) Improper COUNTY finds that FRANCHISE offered or immediately consideration gave consideration, in any form, either directly or through an intermediary, to any COUNTY officer, employee, or agent: (1) with the intent of securing this Agreement; (2) with the intent of securing favorable treatment with respect to the award, amendment, or extension of this Agreement; or (3) with respect to the making of any determinations by COUNTY with respect to FRANCHISEE'S performance under this Agreement. Consideration may take any form including cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. (7) Material or (1) FRANCHISEE does not remedy a immediately repeated material violation of law directly or violation of indirectly related to: law . franchise services or this Agreement, 33 2012-FA001 Non -Exclusive Commercial Franchise 34 2012-FA001 Non -Exclusive Commercial Franchise • any other agreement with County, or • business administration of FRANCHISEE (such as tax or securities law violations), to the satisfaction of the applicable regulatory authority (including COUNTY when acting as a regulatory authority), within 30 days of the regulatory authority's notice, assessment, or determination of that violation. The Director in his or her sole discretion shall determine materiality. (2) FRANCHISEE repeatedly or habitually violates law, as determined by the Director in his or her sole discretion, whether or not FRANCHISEE has previously cured a specific violation of law. If FRANCHISEE is entitled to and does contest a notice, assessment, or determination of a violation by proceedings conducted in good faith, no default is deemed to have occurred until a final decision adverse to FRANCHISEE is entered. (8) Failure to FRANCHISEE does not meet its obligations immediately meet with respect to insurance and other insurance / assurances of its performance under this bond Agreement. obligations 34 2012-FA001 Non -Exclusive Commercial Franchise (9) Insolvency (1) FRANCHISEE becomes insolvent or or bankruptcy files a voluntary petition to declare bankruptcy; (2) a receiver or trust is appointed for FRANCHISEE; or (3) FRANCHISEE executes an assignment for the benefit of creditors. FRANCHISEE is deemed to be "insolvent" if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not FRANCHISEE has committed an act of bankruptcy and whether or not FRANCHISEE is insolvent within the meaning of the federal bankruptcy law or not. (10) fraud, During the procurement of this Agreement or 30 days misrepresenta after the date of this Agreement, tion, or FRANCHISEE does any of the following with breach of respect to this Agreement or the COUNTY: warranties 1. committed (or commits or attempts to commit) any fraud or deceit, 2. made (or makes) any intentional or material misrepresentations; 3. breaches any warranties, or 4. made or (or makes) any materially false or misleading statement, representation, or warranty. C. FRANCHISEE Responsibility and Debarment. COUNTY may debar FRANCHISEE from contracting or doing business with COUNTY in the following events: (1) after giving public notice and conducting a hearing under County Code Chapter 2.202, COUNTY determines that FRANCHISEE (or any of its subcontractors) is not responsible within the meaning of Chapter 2.202 and in accordance with COUNTY'S policy to do business with responsible contractors; (2) FRANCHISEE does not comply with the Child Support Compliance Program under County Code Section 2.200.020; or (3) FRANCHISEE does not comply with County Defaulted Property Tax Reduction Program. COUNTY may debar FRANCHISEE as provided in Subsection D below. 35 2012-FA001 Non -Exclusive Commercial Franchise FBI E. Termination For Breach of Warranty to Maintain Compliance With County Defaulted Property Tax Reduction Program. Acknowledgement. FRANCHISEE acknowledges that COUNTY has established a goal of ensuring that all individuals and businesses that benefit financially from COUNTY through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the COUNTY and its taxpayers. Unless FRANCHISEE qualifies for an exemption or exclusion, FRANCHISEE warrants and certifies to the best of its knowledge, that on the date of this Agreement it is in compliance with County Code Chapter 2.206. 2. FRANCHISEE Default. Failure of FRANCHISEE to maintain compliance with the requirements set forth in Subsection D1 constitutes a default under Subsection B. 3. Termination/Debarment. Without limiting COUNTY'S available rights under any other provision of this Agreement, if FRANCHISEE fails to cure a default within ten days of COUNTY notice, COUNTY may: (1) terminate this Agreement under Subsection B, and (2) pursue debarment of FRANCHISEE pursuant to County Code Chapter 2.206 and Subsection C. Convenience. 1. COUNTY Right. COUNTY may suspend or terminate all or a portion of this Agreement at any time upon determining, in its sole discretion, that suspension or termination is in its best interest. 2. Notice. Suspension or termination shall become effective on the later of the following dates: (1) the date that COUNTY specifies in notice to FRANCHISEE, or (2) Ten days after COUNTY sends the notice. The notice shall also specify the extent to which this Agreement is suspended or terminated. 3. Stop Providing Franchise Services. After receiving notice FRANCHISEE shall: KZ.1 2012-FA001 Non -Exclusive Commercial Franchise (1) stop providing franchise services on the date and to the extent specified in the notice or as otherwise directed by COUNTY; and (2) continue providing franchise services to the extent (if any) specified in the notice. SECTION 17 - ENFORCEMENT OF AGREEMENT A. As Provided by Law. Either party may avail itself of any remedy available under law. B. County's Additional Remedies. Without limiting COUNTY'S remedies otherwise available under this Agreement, in law or at equity, at its option COUNTY may enforce a breach in one or more of the following ways: (1) if that breach is a default, execute alternative agreements to provide franchise services similar to those under this Agreement; (2) seek to obtain injunctive relief and/or damages; or (3) assess damages. C. Injunctive Relief. FRANCHISEE acknowledges that COUNTY'S remedy of damages for a breach may be inadequate for many reasons, including the urgency of providing franchise services to protect the public health and safety. Consequently, COUNTY is entitled to all available equitable remedies, including injunctive relief. D. Recovery of Damages. COUNTY may draw upon FRANCHISEE's performance bond or any other instrument of performance assurance to pay damages. Compensatory. COUNTY may seek compensatory damages, including: (1) amounts equal to any franchise fees, liquidated damages or other amounts that FRANCHISEE has paid to COUNTY but that are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; and (2) the full amount of any commission, percentage, brokerage or contingent fee proscribed under the County Code. 2. Liquidated. The parties acknowledge: (1) COUNTY incurred considerable time and expense procuring this Agreement in order to secure an improved level and quality of recycling and compliance with solid waste diversion mandates; 37 2012-FA001 Non -Exclusive Commercial Franchise (2) Consistent and reliable franchise services, including collection of putrescible wastes that attract vermin and vectors are of the utmost importance to the public health, safety, and well being of residents and businesses in COUNTY; and (3) The following liquidated damages represent a reasonable estimate of the amount of damages, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to COUNTY that reasonably could be expected and anticipation that proof of actual damages would be costly or inconvenient. SECTION FAILURE(s)* DAMAGES Under cited sections 3C dispose of rec clables or mix them with refuse $100/container 3F, 3G deliver materials to solid waste facilities selected by $300/truck- FRANCHISEE or designated by COUNTY delivery 4A collect during unauthorized hours six or more times $250 ,per year Through- provide documentation for COUNTY review or $300/day per out comment; or obtain any COUNTY approval, consent occurrence or or other permission retraction/ correction of misinformation 4B,C,D meet service standards for litter, leaks and noise five $150 or more times per year 4F(1), (3) return COUNTY calls, e-mails or correspondence two $500 & 4 or more times within 30 consecutive days 4F(2) meet with COUNTY two or more times per year $500 6B follow waste screening protocol $500 6D mark any bin and roll -off box with discard prohibitions $50 7C6 timely provide customer with Bill of Rights $100/day per customer 7C6 timely amend its subscription orders with respect to $100/day per the evergreen prohibition and customers' termination customer rights 7C6 terminate customer subscription upon qualifying $100/day per customer's request customer 7D repair or replace containers $500 7E collect or tag overloaded containers $100 7F clean up litter caused by FRANCHISEE $100 7G remove any graffiti within required times $100 10A2 mis-allocate ten percent or more tons of solid waste $5/route-day to County 10A4 enter to of/maintain/supplycomplaint records $100 38 2012-FA001 Non -Exclusive Commercial Franchise 10A4 e-mail COUNTY complaint information six or more $100 times/ ear 10C allow COUNTY to inspect, audit or copy records $150/da Attachment any other liquidated damage in Attachment No. 1 or As scheduled in 1 Attachment No. 2 the Attachment Section 10; submit complete and correct information or reports on Until corrected or Through- time: completed: out (1) $200/day (1) quarterly, (2) $300/day (2) annually, (3) $150/day (3) as required by AB 939 or County Code, or (4) $100/day 4 any other time required under this Agreement. 'Reference to "failure" refers to each occurrence of specified breach (such as for each customer and each customer's bin and roll -off box set out site, record entry, or complaint) and not for aggregate occurrences of those breaches (such as for all customers on a given route or day). By placing its initials below, each party specifically confirms: (1) the accuracy of the statements made in this Subsection; and (2) that it has had ample opportunity to consult with legal counsel and obtain an explanation of liquidated damage provisions prior to signing this Agreement. FRANCHISEE COUNTY Initial Here: Initial Here: E. County's Reimbursement Costs. FRANCHISEE shall pay COUNTY promptly upon Directors request County's reimbursement costs of: (1) conducting a nonroutine investigation of any alleged breach; and (2) incurred as a consequence of breach. F. Waiver. COUNTY's waiver of any specific breach is not a waiver of any other breach of that same provision. COUNTY's failure to enforce this Agreement is not a waiver of any breach. SECTION 18 - GENERAL PROVISIONS A. Independent Status. FRANCHISEE is an independent entity and not an officer, agent, servant, or employee of COUNTY. This Agreement is between COUNTY and FRANCHISEE and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between COUNTY and FRANCHISEE, including for purposes of 39 2012-FA001 Non -Exclusive commercial Franchise workers' compensation. FRANCHISEE is solely responsible for the acts and omissions of its officers, agents, employees, and any subcontractors. B. Venue, Service of Process. In the event of litigation between the parties, venue shall lie exclusively as follows with respect to litigation in California courts, trial courts located in the COUNTY, or with respect to litigation in a United States District Court, located in the Central District of California. FRANCHISEE shall accept service of process at the address provided for notices from COUNTY under this Agreement. C. Notices. "notices" (or other variations thereof, such as "notify) given by either party to the other under this Agreement must be: (1) Written: in writing, (2) Means: delivered by the following means (which shall be effective at the following times): • personal delivery (effective immediately); sent by e-mail with "read" receipt or telecopier with "transmission" receipt (effective immediately); or registered or certified mail, return receipt requested, (effective three days after mailing); (3) Address: addressed as follows (or to other address provided by a party, dated and acknowledged by the other party): • with respect to the COUNTY: County of Los Angeles Department of Public Works Environmental Programs Division 900 South Fremont Avenue Alhambra, CA 91803 Attn: County's Authorized Representative: Paul Alva Facsimile Number: 626.458.3569 E-mail: Palva dow.lacountv.00v with respect to FRANCHISEE, to the individual contact and address provided in the Request for Statement of Qualifications SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT A. Definitions. For ease of reading, most words that are defined terms in this Agreement are not capitalized. Words in this Agreement have the meanings given in the References or text of this Agreement, regardless of whether or not they are capitalized. 40 2012-FA001 Non -Exclusive Commercial Franchise B. Construction. If any provision of Sections 1 through 20 of this Agreement or its References is inconsistent or conflicts with any attachment or exhibit (other than Attachments No. 1 and No. 2), then the provision governs unless the Director determines that it is contrary to the public health and safety or other public interest. C. Integration. This Agreement contains the entire agreement between the parties with respect to their rights and responsibilities under this Agreement. This Agreement completely and fully supersedes all prior oral and written understandings and agreements between the parties with respect to those rights and responsibilities. However, the parties acknowledge that the following are incorporated in this Agreement by reference: (1) portions of the Request for Statement of Qualifications referenced in this Agreement; and (2) provisions of law under Section 4A. D. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the law of the State of California, without giving effect to the State's principles of conflicts of laws. E. Severability. If any provision of this Agreement (other than with respect to COUNTY designation of a solid waste facility) is ruled illegal, invalid, nonbinding or unenforceable by any court of competent jurisdiction, it is severed from this Agreement and this Agreement must be construed as if it did not exist. F. Interpretation. This Agreement shall be interpreted and construed neither for nor against either party, regardless of the degree to which either party participated in its drafting. FRANCHISEE acknowledges that it determined to provide franchise services and to enter into this Agreement upon its own choice and initiative. Each party represents and warrants that it and its counsel have reviewed this Agreement. FRANCHISEE shall not make any claim against COUNTY based on any estimates, statements or interpretations made by any officer, employee, agent, or consultant of COUNTY in connection with the procurement of this Agreement, which proves to be wrong in any respect. SECTION 20 - EXECUTION OF AGREEMENT A. Execution in Counterparts. This Agreement may be signed in any number of original counterparts, which constitute but one and the same agreement. B. Authority to Execute. Each party respectively warrants as follows: 41 2012-FA001 Non -Exclusive Commercial Franchise (1) It has duly authorized the individual below to sign this Agreement on its behalf, and (2) that individual has the full right, power, and authority to bind its related party to this Agreement. IN WITNESS WHEREOF, by order of its Board of Supervisors COUNTY has caused Director of Public Works to sign this Agreement, and FRANCHISEE has caused its duly authorized officers to sign this Agreement, on the respective dates written below their names. APPROVED AS TO FORM: JOHN F. KRATTLI Acting County Counsel Z Deputy COUNTY OF LOS ANGELES 99 Director of Public Works BURRTEC WASTE INDUSTRIES, INC. By Its President Type or Print Name By Its Secretary Type or Print Name 42 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES A. MANDATORY RECYCLING. 1. Service Options. FRANCHISEE shall provide each customer that must receive recyclables collection service under law, including provisions attached as Exhibit D, one of the following recycling service options without additional charge: (1) a one cubic yard recyclable bin, collected weekly; (2) if customer does not have space for storing a one cubic yard bin, then upon customer request, up to two -96 gallon recyclable carts; or (3) any other recycling program allowed under Exhibit D, such as processing solid waste at a MRF to recover recyclables. Within four months of COUNTY direction, FRANCHISEE shall also provide each customer identified by COUNTY with one of the preceding recycling service options, without charge. For example, COUNTY may direct FRANCHISEE to provide recycling service for customers that discards less than 4 cubic yards of refuse per week. FRANCHISEE shall provide recycling service whether or not customer requests it. 2. Additional Recycling Services and Charges. If FRANCHISEE provides service options (1) or (2) in subsection Al, within one week of a customer's request, FRANCHISEE shall provide that customer with an additional container of the type and in the capacity requested by the customer and collect it at the frequency requested by the customer. FRANCHISEE shall charge customer 1/2 of the rate it charges for the same type and capacity of refuse container and same frequency of refuse collection service. FRANCHISEE shall not identify or itemize any charge for recycling for customer, including on customers invoices. 3. Diversion. FRANCHISEE shall collect and recycle or otherwise divert from disposal the recyclables discarded in these containers. B. VOLUNTARY RECYCLING. Within one week of request by a customer that is not subject to mandatory recycling service under Subsection A, FRANCHISEE shall provide customer the franchise services described in Subsection A above. C. VISIT AND AUDIT. FRANCHISEE's Recycling Coordinator described in Subsection D2 (or other individual trained and supervised by the Recycling 43 2012-FA001 Non -Exclusive Commercial Franchise Coordinator) shall visit the premises of FRANCHISEE's customers that are subject to mandatory recycling services under Subsection A at the following times: (1) during the first 12 months after this franchise date, all customers; and (2) after those first 12 months, each franchise year; or (3) at the frequency required by law. of those customers every other At each visit, FRANCHISEE shall conduct the following audit, without additional charge: (1) review the customer's franchise service subscription, including the number and size of customer's bins and roll -off boxes for refuse and recyclables, respectively, and collection frequency; (2) conduct a waste characterization by visually inspecting customer's discards and estimating amount of recyclables and refuse; (3) note any other recycling programs, such as self -hauling recyclables to a MRF or subscribing to third -party recycling services (such as corrugated cardboard collection); (4) develop and recommend a waste reduction and recycling plan based on business type and/or multifamily that the customer could implement to reduce and divert solid waste, as well as available solid waste diversion programs; and collection frequency, and provide a written copy of such practices; (5) make any recommendations in writing to change the customer's franchise service subscription, including changing the number, size, and type (such as solid waste or recyclables) or collection frequency of containers in order to provide adequate refuse disposal service but also maximize recyclables diversion; (6) check each customer's containers to monitor: • Participation: recyclables discarded in refuse containers, and Contamination: refuse and other contaminating materials discarded in recyclables containers; (7) Identify manufacturing or processing residual, and estimate its volume, (8) check customer's premises for posting of educational materials required under FRANCHISEE'S Recycling and Waste Diversion Plan in its Request for Statement of Qualifications, such as recycling posters in multifamily common rooms; (9) identify why a customer is not recycling, for example: • zoning conflicts, • lack of storage space, 44 2012-FAD01 NorFExcluslve Commercial Franchise 10 • lack of markets, • non generation of recyclable materials, • customer with verifiable recycling program, or • unwillingness; and (10) Investigate other matters requested by County. If FRANCHISEE'S auditor is unable to meet with someone at customer's premises who is authorized to order franchise services, or if a business is closed, FRANCHISEE shall leave a "Sorry we missed you card" with contact information and recycling information acceptable to COUNTY. FRANCHISEE's auditor shall note the date and time of his or her visit and return again within ten days of that date. FRANCHISEE shall visit all of its customers each year. 2. Report. FRANCHISEE shall submit an audit report to COUNTY quarterly or within one week of COUNTY request, including: (1) date of visit to customers premises; (2) address and type of premises; (3) the customer's service subscription at the time of the visit (including number, size, and type - such as solid waste or recyclables - or collection frequency); (4) any FRANCHISEE recommendations to increase solid waste reduction and recycling/diversion; and (5) any additional information requested by the Director. FRANCHISEE shall use reasonable efforts to complete and to submit reports electronically. 3. Information. Within one week of COUNTY request, FRANCHISE shall submit a copy of the information on solid waste reduction and diversion practices and any recommendation that FRANCHISEE provides to any customer. CUSTOMER EDUCATION AND OUTREACH 131 -annual Newsletter. Twice each year, FRANCHISEE shall prepare promotional and educational materials/newsletters in the bilingual form required by the Director promoting solid waste reduction, recycling, and diversion. FRANCHISEE shall submit the materials to Director for review on each January 1 and July 1, Within 30 days of Directors accepting the materials FRANCHISEE shall distribute them to its customers, which may be electronically, upon customer request: (1) via the U.S. Postal Service with prepaid postage, or 45 2012-FA001 Non Exclusive Commerdal Franchise (2) door-to-door delivery service to customers premises. FRANCHISEE shall also distribute them to new customers together with the Customer Subscription Form and Customer Bili of Rights. Recycling Coordinator. FRANCHISEE shall employ or retain an individual qualified to conduct customer waste surveys and developing site-specific plans for recycling, reduction, and diversion of solid waste generated by customers. "Recycling Coordinator" means the person described in this Subsection. E. VEHICLES. FRANCHISEE shall give COUNTY a list of all vehicles that FRANCHISEE uses to provide services under this Agreement on the date of this Agreement. FRANCHISEE shall give COUNTY an updated list annually or upon one week's request of COUNTY. FRANCHISEE shall provide franchise services with vehicles that comply with law, including: (1) South Coast Air Quality Management District rules and regulations, including Rule 1193, Clean On -Road Residential and Commercial Refuse Vehicles; (2) California Health and Safety Code Section 43000 et seq., with respect to air emissions (smog checks); (3) California Vehicle Code Section 27456b, with respect to tires; (4) California Vehicle Code Section 34500 et seq., with respect to vehicle safety, including bi-annual "BIT" inspections conducted by the California Highway Patrol; (5) rules and regulations promulgated under the California Vehicle Code with respect to vehicle highway lighting, flashing, and warning lights, clearance lights, and warning flags; (6) rules and regulations of the California Department of Motor Vehicles with respect to vehicle registration and weight limits; (7) the appropriate class of drivers' licenses issued by the California Department of Motor Vehicles; (8) Control Measure for Diesel Particulate Matter from On -road Heavy - Duty Residential and Commercial Solid Waste Collection Vehicles, 13 CCR 2020 et seq.; (9) 14 CCR 17341, 17342, 17343, and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment; (10) permit conditions under County Code Section 20.68.050 , and (11) decals 46 2012-FA001 Non -Exclusive Commercial Franchlse F. SPECIAL SERVICES FOR RESIDENTIAL AND MULTIFAMILY CUSTOMERS. FRANCHISEE shall provide the franchise services prescribed in this Section without additional charge to its residential and multifamily customers. 1. Holiday Tree Collection. FRANCHISEE shall collect, transport, process, and divert all holiday trees such as Christmas trees and Hanukkah bushes discarded at any customer's container set -out site, on or before the customer's next regularly scheduled collection day: (1) during the period beginning December 26 and ending January 14, or (2) another period established by COUNTY not to exceed three weeks, and at a Customer's request. Holiday trees must stripped of ornaments, garlands, tinsel, flocking, and stands. 2. Bulky Items, E -waste, and CEDs Collection. FRANCHISEE shall provide bulky item, E -waste and CEDs collection to customers through service option b or c in subsection F2 below and shall inform the County of the selected service option per customer through the Quarterly Report. a. "bulky item". "bulky item" means any large item of solid waste that can be safely lifted by two individuals using a dolly, including the following: (1) discarded furniture (such as chairs, sofas, mattresses and rugs); (2) appliances (such as refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing and other similar items commonly known as 'white goods); and (3) up to two tires per customer from passenger cars or pickup trucks. b. Five On -Call Pickups Per Year Without Additional Charge; Additional Pickups. FRANCHISEE shall collect no more than five bulky items and unlimited E -waste and LEDs per pick up upon 24 hours advance request of a residential or multifamily customer on that customer's next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE, at that customers regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials without charge five times each year, but may charge amounts agreed to between FRANCHISEE and customer 47 2012-FA001 Non -Exclusive Commercial Franchise for a 6th or more time that same year. "Customer" does not include individual tenants in a multifamily residence. FRANCHISE shall use reasonable efforts to recycle bulky items, E -waste and CEDs. C. Annual Cleanup Event FRANCHISEE shall collect unlimited amounts of bulky items and E - waste and CEDs of a residential or multifamily customer on the date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials at no charge. d. Personal Contact Annually. At least once each year FRANCHISEE shall talk with or meet in person the owner or superintendant of a multifamily residence and schedule the annual cleanup event. Leaving voice mail messages or sending e-mails to which no one responds does not satisfy this obligation. Sharas Proqram a. Distribution of Storage and Mailing Containers. Within one week of a residential or multifamily customer's request or multifamily customers tenants' request for the following franchise services, FRANCHISEE shall provide customer or tenant at that customer's premise, without additional charge to that customer, the tenant or the COUNTY, with one to four container(s) satisfactory to County that has at least a one gallon capacity for discard of sharps. On each container FRANCHISEE shall attach information acceptable to County on the manner (including locations) in which the customer or tenant can dispose of sharps in accordance with applicable law. b. "Sharps". "Sharps" means any item generated by a residential or multifamily customer at their premises having comers, edges, or projections capable of cutting or piercing the skin to deliver injections or for medical purposes, including: (1) hypodermic, pen or intravenous needles, (2) needles with syringes, (3) needles from vacutainers, (4) needles with attached tubing, and (5) lancets. 48 2012-FA001 Non -Exclusive Commercial Franchise G. SPECIAL SERVICES FOR COMMERCIAL CUSTOMERS. 1. On -Call Pickups for Commercial Customers with Additional Charge. FRANCHISEE shall collect unlimited amounts of bulky items, E -waste, and CEDs upon 24 hours advance request of a commercial customer who subscribes to franchise service for commercial premises, on that customers next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE for the charge agreed to between FRANCHISEE and customer. H. FOOD DIVERSION PLAN. 1. DirectoraPProved Plan. Within three months from the date of this agreement FRANCHISEE shall give the Director a plan for diverting solid waste comprised of food waste generated at commercial customers' premises. Examples of diversion include arranging for delivery to food banks, and composting or bioconversion process. Examples of commercial customers premises include: (1) the following businesses identified by Office of the Assessor property use classification codes: • 1400-1420: Supermarkets, Small Food Stores 2100-2120: Restaurants, Fast Food Restaurants (Walk Up and Drive Up) • 3400-3420: Food Processing Plants • 6100-6900: Theaters, Bowling Alleys, Athletic and Amusement Facilities • 7200-7202: Private Schools 7500: Homes for Aged and Others, and (2) other businesses identified by COUNTY: FRANCHISEE shall incorporate Director's comments on the plan, if any, into the plan. 2. Service. Upon a commercial customer's request, FRANCHISEE shall provided services described in its food diversion plan, subject to agreement with the customer on any additional charge. 3. Customer Information; Containers. Prior to commencing service, FRANCHISEE shall: 49 2012-FA001 Non E=JusW C=mercial Franchise (1) inform each applicable customer of program implementation (including discard and set -out instructions, collection schedules, commencement date and cost, if applicable); and (2) provide customers with sufficient number and capacity of containers to store discarded food waste pending collection. 4. Plan Implementation. Within six months from the date of this Agreement, FRANCHISEE shall begin diverting food under its Director - accepted plan. . 50 2012-FA001 Non -Exclusive Commercial Franchise Left Intentionally Blank 51 2012-FA001 Non -Exclusive Commerdal Franchise ATTACHMENT NO. 2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES A. Container delivery. FRANCHISEE shall deliver a bin or roll -off box to any set - out site, at any time, and at a charge agreed to, between FRANCHISEE and customer. FRANCHISEE shall not leave the roll -off box or bin unless the customer provides FRANCHISEE with a copy of any encroachment permit required under County Code. Customers may keep on-call roll -off boxes for five weekdays or other time as agreed to between FRANCHISEE and Customer, not counting the delivery and removal days. B. Container pick up. FRANCHISEE shall pick up the bin or roll -off box at a time agreed to with customer. C. Diversion. FRANCHISEE shall use reasonable efforts to divert all materials that it collects under Subsection B above. FRANCHISEE shall divert soil, rock and gravel; other C&D debris, and inert materials at the levels prescribed in County Code 20.87.040. FRANCHISEE shall transport and deliver materials that cannot be diverted to the FRANCHISEE -selected or COUNTY designated solid waste facility. 52 2012-FA001 Non-Ezclus''re Commercial Franchise ATTACHMENT NO. 3 (Section 14) INSURANCE REQUIREMENTS A. PROGRAMS. Without limiting its indemnities, and in the performance of this Agreement and until all of its obligations pursuant to this Agreement have been met, FRANCHISEE shall provide and maintain the following programs of insurance at its own expense. Obligations under this attachment are in addition to and separate from any other obligation in this Agreement. COUNTY reserves the right to review and adjust the insurance requirements in this attachment if County determines that there have been changes in risk exposures. COUNTY makes no warranty that the insurance coverage terms, types and limits in this attachment is sufficient to protect the FRANCHISEE for liabilities that may arise from or in relation to this Agreement. 1. Primary, Excess. Non -Contributory. All FRANCHISEE'S insurance shall be primary with respect to any other insurance or self-insurance programs available to COUNTY. Cancellation of or Chanaaes in Insurance. FRANCHISEE shall provide COUNTY with, or FRANCHISEE's insurance policies shall contain a provision that COUNTY shall receive, written notice of: Cancellation of required insurance, or any change in required insurance, including insurer, limits of coverage, term of coverage. or policy period. FRANCHISEE shall provide the written notice to COUNTY at least: 1. days in advance of cancellation for nonpayment of premium and 2. 30 days in advance for any other cancellation or policy change. The written notice cannot include language with respect to "endeavor" or exculpation for "failure to do so". 3. Noncompliance. Neither the County's failure to obtain, nor the COUNTY'S receipt of, or failure to object to a noncomplying insurance certificate or endorsement or any other insurance documentation or information provided by the FRANCHISEE, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any obligation under this attachment. If FRANCHISEE does not provide and maintain those programs of insurance, COUNTY may elect to purchase required insurance coverage without further notice to FRANCHISEE, and COUNTY may charge FRANCHISEE any premium costs advanced by COUNTY for 53 2012-FA001 Non-Exdusive Connnercial Franchise that insurance and draw on the performance bond, letter, of credit, or other form of performance assurance provided by FRANCHISEE. FRANCHISEE must comply with all terms of insurance and insurers. However, Insurance must obligate the insurer to pay COUNTY claims that are covered under the policy even if FRANCHISEE or COUNTY does not comply with all policy requirements or duties (such as failing to report an incident or claim in a timely manner, law, allowing operations or use of the Project not permitted under the policy, or making misrepresentations). 4. Evidence of Insurance: COls and copies of policies. On the date of this Agreement and thereafter 30 days prior to each policy renewal and also within two County business days of any COUNTY request, FRANCHISEE shall deliver a certificate or certificates of insurance or other evidence of coverage acceptable to the Director at the address provided for Notices. Certificates or other evidence must: a. Agreement, Insured and Insurers (1) specifically identify this Agreement by name or number; (2) name the insured party that matches the name of FRANCHISEE executing this Agreement; (If FRANCHISEE's direct (or indirect) parent is the named insured, the DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS in the COI must state that FRANCHISEE is also a named insured under all listed policies); (3) provide the full name of each insurer providing coverage and the insurer's NAIC (National Association of Insurance Commissioners) identification number, (4) and each insurer's financial rating. b. Types and limits: (1) Clearly evidence all coverage, types and limits required in this Agreement. Coverage may consist of a combination of primary and excess policies. Excess policies must provide coverage as broad as ("follow form" over) the underlying primary policies; (2) Identify standard policy forms or their equivalent. c. Attach additional endorsements: (1) Additional Insured Endorsements. Include copies of the additional insured endorsements to General Liability Policy which must add COUNTY and its Special Districts, elected officials, 54 2012-FAD01 Nor E=Iusive Commercial Franchise officers, agents, and employees as additional insureds with respect to liability arising out of ongoing and completed franchise services, and applicable with respect to liability and defense of suites arising out of FRANCHISEE'S acts or omissions, whether that liability is attributable to the FRANCHISEE or the COUNTY. The full policy limits and scope of protection must apply to each of those additional insureds even if those limits or scope exceed the minimum required insurance specifications in this Agreement. FRANCHISEE may use an automatic additional insured endorsement if the endorsements meet the requirements of this attachment. (2) Waiver of Subrogation Endorsements. Include copies of subrogation endorsements necessary to effect FRANCHISEE'S waiver of its and its insurer(s)' rights of recovery against County under all insurance, to the fullest extent permitted by law. (3) Primary, Excess, Non -Contributory. All insurance must be primary with respect to any other insurance or self-insurance programs available to COUNTY. (4) Pollution Endorsement to Automobile Liability, or equivalent, must remove any pollution and asbestos exclusion from the policy. (5) Insured-vs.4nsured. If a policy of Insurance contains an insured -vs. -insured provision, it must be endorsed to provide cross -liability coverage as would be afforded by the standard ISO separation of insureds provision with no insured -vs. -insured exclusions or limitations. (6) Full Policy Limits and scope of protection must apply to each additional insured even if those limits or scope exceed the minimum required specifications for insurance in this Agreement. d. Deductibles and S/Rs. Identify any retained losses, deductibles or self-insured retention ("SIR") exceeding $50,000 for COUNTY'S approval. FRANCHISEE'S policies shall not obligate COUNTY to pay any portion of any FRANCHISEE retained loss, deductible or SIR. COUNTY retains the right to require FRANCHISEE to reduce any deductibles or self-insured retention as they apply to COUNTY or to require FRANCHISEE to provide a bond, letter of credit, or certificate of deposit guaranteeing payment of all retained losses and related costs, including expenses, or both, related to 55 2012-FADD1 Non-ExdusFva Commmial Franchise investigations, claims administrations, and defense. The bond must be executed by a corporate surety licensed to transact business in the State of California; the letter of credit must be issued by a bank or other financial institution acceptable to the County; and e. Signature verification. Include documentation acceptable to COUNTY verifying the following: • that the individual signing or counter -signing the certificates, and at COUNTY'S request, the . policies, endorsements, or other evidence of coverage, is authorized to do so, and • identifies his or her company affiliation and title. f. At COUNTY S request, FRANCHISEE shall promptly provide COUNTY with complete, certified copies of any policy of insurance that FRANCHISEE must carry under this Agreement. Claims MadelRetroactive Date. The policy retroactive date, which can be identified, on any insurance written on claims made basis, must precede the date of this Agreement. The effective date of each policy must not be any later than the date of this Agreement. FRANCHISEE shall maintain any claims made coverage for a period of not less than three years following expiration, termination or cancellation of this Agreement. h. Text of Provisions in Blanket Policies. A certified copy of the provisions in each blanket policy, if any, that provides evidence satisfactory to COUNTY that the policy meets the requirements of this Agreement. Without limiting its indemnification under the Agreement, FRANCHISEE assumes all obligations of the insurer providing Insurance to defend COUNTY (which might be broader than FRANCHISEE's indemnification), for the following period of time: (1) beginning immediately upon filing any action against COUNTY that the insurer would be required to defend, until (2) the deductible or SIR has been met and the insurer does defend COUNTY. As soon as possible (but no longer than ten days), FRANCHISEE shall report to COUNTY when FRANCHISEE has exceeded FRANCHISEE's deductible or Self Insured Retention ("SIR"). Upon COUNTY request, Insurance must provide: 56 2012-rA001 Non -Exclusive Commercial Franchise (1) application of insurer's defense costs to reduction of deductible or SIR; and (2) give COUNTY right to approve a claims settlement and receive payments directly. 6. Insurer Financial Rating. FRANCHISEE shall secure insurance provided by an insurance company meeting the following requirements: (1) be acceptable to COUNTY (for example, COUNTY might require that the insurer be admitted in California), and (2) have a rating by A.M. Best Company of not less than A: VII, unless otherwise approved by COUNTY. 6. Reporting: Incidents, Claims, or Suits; Claims Paid or Reserved: a. Notification of Incidents, Claims, or Suits. As soon as possible, (but no later than ten days after any of the following events) FRANCHISEE shall promptly report the following in writing to the Director. (1) Any accident or incident relating to the franchise services involving injury or property damage that may result in the filing of an insurance claim against any insurance policy, its legal claim, or lawsuit against FRANCHISEE, any subcontractor and/or COUNTY; (2) Any third -party claim or lawsuit filed against FRANCHISEE arising from or related to franchise Services; (3) Any injury to a FRANCHISEE employee that occurs on COUNTY property, and (4) Any loss, disappearance, destruction, misuse, or theft of COUNTY property, money or securities entrusted to FRANCHISEE. FRANCHISEE shall submit its report on a COUNTY "Nonemployee Injury Report" form available by request from the COUNTY. b. Claims Paid or Reserved. FRANCHISEE shall immediately report the following in writing to the Director if total claims (both paid and reserved) against any policy of insurance (except with respect to Workers' Compensation) exceed more than 80 percent of the required aggregate policy limits. (In that event, FRANCHISEE must obtain additional Insurance or provide COUNTY with financial assurance satisfactory to COUNTY in order to maintain those required policy limits.) 57 2012-FA001 Nor-Exclusrve Commercial Franchise 7. Insurance Coverage Requirements. FRANCHISEE shall secure and maintain insurance coverage meeting the following requirements: (1) General Liability Insurance (written on ISO policy form CG 00 01 or its equivalent - occurrence, not claims made) with limits of not less than the following: General Annual Aggregate: $4 million ProductslCompleted Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million The general liability policy must provide contractual liability coverage for FRANCHISEE'S indemnification of COUNTY. (2) Pollution Liability Coverage for pollution conditions resulting from transported cargo, with annual limits of not less than $2 million per occurrence and $4 million aggregate, covering loss (including cleanup costs) that FRANCHISEE becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs, (including but not limited to, expenses required by environmental laws or incurred by Federal, State, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this Subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered. The pollution liability coverage must provide contractual liability coverage, by endorsement, if necessary, for FRANCHISEE'S indemnification of COUNTY. FRANCHISEE'S general liability policy may be endorsed to provide the required pollution liability coverage. FRANCHISEE is not required to provide this insurance if it provides franchise services only in roll -off boxes. (3) Automobile Liability Coverage (written on ISO policy forms CA 00 12 or CA 00 20 or their equivalent - occurrence, not claims made) with a limit of liability not less than $2 million for each accident and endorsed to include pollution liability 58 2012-FA001 Non -Exclusive Commercial Franchise F1 (written on form CA 99 48 or its equivalent). The insurance must cover all vehicles used by FRANCHISEE pursuant to its operations and services and the terms of this Agreement. FRANCHISEES subject to federal regulations also shall maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. (4) Workers' Compensation and Employers' Liability insurance providing workers' compensation benefits required by the California tabor Code or by any other State labor law, and for which FRANCHISEE is responsible. In all cases, this insurance must also include Employers' Liability coverage with limits of not less than the following: I. Each accident: $1 million ii. Disease - policy limit: $1 million iii. Disease - each employee: $1 million FRANCHISEE shall ensure that all subcontractors performing franchise services under this Agreement secure and maintain the insurance coverage required in Subsections 131 through 7 of this attachment by providing evidence that either: (1) FRANCHISEE is maintaining the required insurance covering the activities of Subcontractors, or (2) Subcontractors are maintaining the required insurance coverage. FRANCHISE shall provide COUNTY with any subcontractor request to modify that insurance coverage and get COUNTY approval prior to modification. C. Compensation for County Costs. If FRANCHISEE fails to comply with any of the Indemnification or insurance requirements of this Agreement and that failure results in any costs to COUNTY, FRANCHISEE shall pay full compensation for all County's reimbursement costs. D. Alternative Risk Financing Programs. County reserves the right to review and then approve FRANCHISEE'S use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy obligations under this attachment. County and anyone named as additional insured shall be designated as an Additional Covered Party under any approved program. 59 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS A. LABOR CODE. FRANCHISEE and its agents and employees are bound by and shall comply with all applicable provisions of the California Labor Code as well as all other laws related to labor. FRANCHISEE acknowledges that eight hours labor constitutes a legal day's work under law. FRANCHISEE shall require work in excess of eight hours a day or 40 hours during any one week only as authorized by California Labor Code Section 1815. By and through its execution of this Agreement, FRANCHISEE represents and warrants that it is aware of and understands the provisions of California Labor Code Section 3700, which requires every employer to be insured against liability of Workers' Compensation or to undertake self-insurance in accordance with those provisions before commencing the performance of work under this Agreement and agrees to fully comply with those provisions. B. CONSIDERATION OF GAINIGROW PARTICIPANTS FOR EMPLOYMENT. Should FRANCHISEE require additional or replacement personnel after the Execution Date, FRANCHISEE shall give consideration for any of those employment openings to participants in COUNTY'S Department of Public Social Services' Greater Avenues for Independence (GAIN) Program or General Relief Opportunities for Work (GROW) Program who meet FRANCHISEE'S minimum qualifications for the open position. COUNTY shall refer GAINIGROW participants, by job category, to FRANCHISEE. For this purpose, "consideration" means that FRANCHISEE shall interview qualified candidates. C. NOTICES TO EMPLOYEES. Regarding the Federal Earned Income Credit. FRANCHISEE shall notify its employees, and shall require each subcontractor performing Franchise Services to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. The notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015 that FRANCHISEE has attached as Franchisee Documentation. 2. Regarding Safely Surrendered Baby Law. FRANCHISEE acknowledges that COUNTY places a high priority on the implementation of the Safely Surrendered Baby Law (SB 1368) a. Fact Sheet. FRANCHISEE shall notify and provide to its employees and shall require each subcontractor performing Franchise Services to notify and provide to subcontractors' employees a fact sheet regarding the Safely Surrendered Baby 60 2012-FA001 Non -Exclusive Commercial Franchise Law, its implementation in the COUNTY, and where and how to safely surrender a baby. FRANCHISEE shall print and make available in every facility where its employees are present, including offices and operation yards, the fact sheet that is available at www.babysafela.org. b. Poster. FRANCHISEE understands that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "Safely Surrendered Baby Law" poster in a prominent position at the contractors place of business. FRANCHISEE shall also encourage its subcontractors to post this poster in a prominent position in the subcontractors' place of business. COUNTY'S Department of Children and Family Services shall supply FRANCHISEE with the poster to be used. 3. Regarding Child Support. FRANCHISEE acknowledges that COUNTY places a high priority on the enforcement of child support laws and the apprehension of child support evaders. FRANCHISEE further acknowledges that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "L.A.'s Most Wanted: Delinquent Parents List" supplied by COUNTY in a prominent position at their place of business. D. PROHIBITION AGAINST USE OF CHILD LABOR. 1. Compliance with ILO Convention Concerning Minimum Age for Employment. FRANCHISEE shall not knowingly sell or supply to COUNTY or Customers any products, goods, supplies, or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment (the "Convention Conceming Minimum Age for Employment"). If FRANCHISEE discovers that any products, goods, supplies, or other personal property sold or supplied by FRANCHISEE to COUNTY or any Customer are produced in violation of that Convention, FRANCHISEE shall immediately provide an alternative source of supply that complies with that Convention. 2. Provide COUNTY with Records. At COUNTY'S request, FRANCHISEE shall provide documentation I the form required by COUNTY evidencing the country or countries of origin of any products, goods, supplies, or other personal property FRANCHISEE sells or supplies to COUNTY or any Customer in connection with Franchise Services. 3. Provide COUNTY with Manufacturers' Certification. At COUNTY'S request, FRANCHISEE shall provide to COUNTY the manufacturers certification of 61 2012-FA001 Non-ExclusNe Commercial Franchise compliance with the Convention Concerning Minimum Age for Employment or other all -international child labor conventions. E. NONDISCRIMINATION. 1. Employees. FRANCHISEE and its Affiliates shall employ qualified applicants and treat employees equally without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation and in compliance with all State of California and federal antidiscrimination laws, including in employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other fors of compensation, and selection of training (including apprenticeship). 2. Subcontractors. Bidders and Vendors. FRANCHISEE shall deal with its subcontractors, bidders, and vendors without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation. 3. Certification. FRANCHISEE shall comply with the provisions of FRANCHISEE'S EEO Certification (For PW -7), attached as Franchisee Documentation. 4. Inspection of Records. At COUNTY'S request, FRANCHISEE shall promptly allow COUNTY and its auditor's access to FRANCHISEE'S employment records at FRANCHISEE'S Office during franchisee's office hours to verify compliance with the provisions of this Subsection. 6. Remedies for Discrimination. If COUNTY finds that FRANCHISEE has violated any provisions of this Subsection, that violation constitutes a Franchisee default. While COUNTY reserves the right to determine independently that the antidiscrimination provisions of this Subsection have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that FRANCHISEE has violated State of California or federal antidiscrimination laws shall constitute a finding by COUNTY that FRANCHISEE has violated the antidiscrimination provisions of this Subsection. F. SAFETY 1. Services Safety Official. FRANCHISEE shall designate in Franchisee Documentation a Services Safety Official who shall be thoroughly familiar with FRANCHISEE'S Injury and Illness Prevention Program (IIPP) and 62 2012-FA001 Non Ezdusive Cmrmerdal Franchise Code of Safe Practices (CSP). FRANCHISEE shall ensure that the Services Safety Official is available at all times Franchise Services are provided to abate any potential safety hazards. FRANCHISEE shall give the Services Safety Official the authority and responsibility to cease performing any service if necessary to abate any potential safety hazard. If FRANCHISEE fails to designate or make available the Services Safety Official, COUNTY may direct the Franchise to cease providing Franchise Services at no cost to COUNTY until FRANCHISEE is in compliance with this Section. 2. Safety Responsibilities. FRANCHISEE is responsible for the safety of equipment, material, and personnel under FRANCHISEE'S control or authority during performance of Franchise Services. FRANCHISEE is solely responsible for ensuring that all work performed under this Agreement is performed in strict compliance with all laws with respect to occupational safety regulations. FRANCHISEE shall provide at its expense all safeguards, safety devices, protective equipment, and shall take all actions appropriate to providing a safe job environment. G. COUNTY LOBBYISTS. FRANCHISEE and each COUNTY lobbyist or County lobbying firm as defined in County Code Section 2.160.010, retained by Franchisee shall fully comply with the County Lobbyist Ordinance. FRANCHISEE represents that no Person, including a selling agency, has been employed or retained to solicit or secure this Agreement, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by FRANCHISEE for the purpose of securing business. 63 2012-FA001 Non-ExdusNe Commercial Franchise List of Los Anaeles County Unincorporated Communities ID NAME 1 ACTON 2 AGOURA 3 AGUADULCE 4 ALTADENA 5 ANTELOPE ACRES 6 ARCADIA ISLANDS 8 AVOCADO HEIGHTS 9 AZUSAISLANDS 10 BALDWIN HILLS 11 1 BASSETT 12 BIG PINES 13 BIG TUJUNGA 14 BOUQUET CANYON 15 CALABASAS HIGHLANDS 16 CASTAIC 17 CASTAIC JUNCTION 18 1 CERRITOS ISLANDS 19 CHARTER OAK 20 CITRUS 21 COVINA ISLANDS 22 DELAIRE 23 DEL SUR 24 DEL VALLE 27 EASTPASADENA 28 EAST SAN GABRIEL 29 EL CAMINO VILLAGE 30 ELIZABETH LAKE 31 FAIRMONT 34 FOOTHILL 35 FORRESTPARK 38 FRANKLIN CANYON 37 GORMAN 38 1 GREEN VALLEY ID I NAME 39 HACIENDA HEIGHTS 40 HAWTHORNEISLAND 41 HI VISTA 42 JUNIPER HILLS 43 KAGELCANYON 44 LA CRESCENTA 45 LA RAMBLA 47 LAKE HUGHES 48 LAKE LOS ANGELES 49 LAKEVIEW 50 ILANG SOUTH SAN GABRIEL 52 LEONNAVALLEY 53 LITTLE TUJUNGA 54 LITTLEROCK 55 LLANO 56 LONG BEACH ISLAND 57 LOS NIETOS 85 MALIBU VISTA 86 MARINA DEL REY 87 MINT CANYON r62 MONROVIA/DUARTE ISLANDS 89 MONTROSE 64 MULHOLLAND CORRIDOR CORNELL LAS VIRGENESMIALIBU CANYON MALIBU BOWL MALIBU HIGHLANDS MALIBU LAKE MALIBU/SYCAMORE CANYON MONTE NIDO TRIFUNO CANYON 65 NEENACH 66 PALMDALE AIRPORT ID I NAME 67 PEARBLOSSOM 68 PICO 69 QUARTZ HILL 70 RANCHO DOMINGUEZ 71 ROOSEVELT 73 ROWLAND HEIGHTS 74 SAN CLEMENTE ISLAND 75 SAN PASQUAL 78 SANTA CATALINA ISLAND 77 SOLEDAD 78 SOUTH SAN GABRIEL 79 SOUTH SAN JOSE HILLS 80 STEVENSON RANCH 81 SULPHUR SPRINGS 82 SUN VILLAGE 83 TOPANGA CANYON FERNWOOD GLENVIEW SYLVIA PARK TOPANGA 84 UNIVERSAL CITY 85 VALVERDE 86 1 VALINDA 87 VALYERMO B8 VASQUEZ ROCKS 89 VETERANS CENTER 92 WESTCARSON 94 WESTFIELD 95 TTIER ISLANDS 96 WHITTIER NARROWS 98 WILSONA GARDENS 100 WRIGHTWOOD Garbage Disposal Districts (Excluded) EXHIBIT A m— WILLOWBROOK 7ATHENS GDD 32 FIRESTONE GDD 51 LENNOX GDD 90 VIEW PARK GDD 97 GDD MESA HEIGHTS WALNUT PARK WINDSOR HILLS 25 EAST COMPTON GDD 33 FLORENCE GDD 60 GDD Al GDD 99 GDD EAST LOS ANGELES LADERA HEIGHTS ROSEWOOD WEST FOX HILLS 26 (GOD)48 GDD 72 GDD 93 GDD m— EXHIBIT B LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP North Detail LEGEND PU C WOO Unincoryoretea Community Miles T4 wVb NgmtrYWW�^bY.[a A+Yde Otl�caVhmf hFb:4 b/nFmW b'vuY CaotY W:�r'tr�m MFFdYtr�nl' >MGem Fels MPtr� wom.w...ra:.wwen..m�nw..y. nFFYaFwadm wMe... 0 3.75 7.5 ftEF:�yw:w�tiTp�ryb�IM%.fO�Sy�a�eMi�pE:9MAL45�M1rn. [amNm 90.mt0 WIG. Itn(RWp a EXHIBIT B LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP South Detail nnrw.l.m�m. LEGEND PUBLIC WONKS 74"w Unincorporated Community mn^"""'°"'""'"'""^°"•°"'_�^""°"'• o.xm un.a Mxa nw wn C—' inra D MMGarbage Disposal District(GDD) cw.na.mnen a.mi.,w.irowen m,..r weom n. u.rrm.IW nmwnnn xeYm mai e. e+..Mnun mw. of wnowwv upuan.e... nFF:;pwu.t irynda iMPMGl6ipefwpi.pJiCMMS Iaml Mnmi.w manus. wic ��ii��ax. M. ,�GIS S --- m V LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAF 10 NAME 1 ACTON 2 AGOl1RA 3 AUG DULCE S ALTADENA 5 ANTELOPE ACRES S ARCADIA ISLANDS T ATHENS (GOD) 6 AVOCADO HEIGHTS Y AZU9A ISUNO6 10 SASOWIN HILLS 11 PINE' m 12 BS PINES 13 Be TU ET GA 15 B0QCLUB S GNYON GHL 15 cAsTAX 96 HIGHLANDS 19 CASTAIC IT CASTAIC 18 CERRITERii1TOSSLANGS 19 CHARTER OAK 20 CITRUS, 21 CMM ISIANDS ELAIRE n O 2O DEL SUR 26 OEJLEAST C M M EAST LOS ANGELES ES ( 2a FAST LOS ANGELES (GOO) BELVEDEREGAROENa CIT`VTIMRACE ASTMO F P EASSTT PPASAASA DENA 29 EAST BAN GBRIEL LLAGI W ELCAMINO LAKE 30 ELLiARE7THNICNT ANE 31 FIRESTO T 32 FIRESTONE PDD) GUM FLORENCE R:OD) M 3 FOOTHILL 73 FORREST PARK 3a 37 GCMUVN GREE N CANYON 3B GREEN VALLEY A HACIENDA HEIGHTS M MHORNE ISLAND 41 HVIRTA Q JUINPER HLIS AGELGN " LA M CREBOEKTAENTA AS LA MMBLA `F LAKE HUGHES M LAKE L09 ANOEIES AS LAJKELANKI w 5D LANG LEM u NOX 53 LEONNA VALLEY EY m LITL TETUUUMGA 5A I3TRERDCI(OCN 65 I1AN0 ID NAME N LONG BEACH ISLAND 57 LOB NIETOB W MAIJBU VISTA N MARINA DEL REX W MESA HEIGHTS (ODD) St WIFICANYON 62 MONROVIMNARTE ASUNDSI W MONTROSE SI MUIHOLLANDCORflIDOR CORNELL LAS SESINALIBtI GNYDN MAUDU BOO WL MAUBU HGHLANGS MAUBULAKE MTMORE DPNYDN MONOHTE NIDD NIDD T CANYON BENACH W PALMDALRT BT PEARBlASSOM LM PILO m Ol1ARTZnILL TB RANCHO DOMINGUEZ TI ROOSEVELT 72 ROSEIMOOD(0001 T3 ROWM1AND HEKNRS TA SAN CLEMENTE ISLAND 75 SAN PASOUAL IS SANTA GTAUNA ISLAND TT SCLEDAO TS SOUTH SUi GABRIEL T9 SOUTH SAN JOSE HILLS S MI STEVENSON RANCH Bi SULPHUR SPRINGS W SUN VBLAGE W TOPANGA CANYON FERNWOOO GLENVIEW SYLVIA PARK TOPANGA SL UMVERSALCRY 65 VALVERDE SS VAUNW P VALYERNIO 98VASGUEZROCKS 99 VETERANS CENTER 90 NEW PARK (GOON 21 WALNIRPARK(GDO) 0 VIESTCARSON 93 WEST FOX HILLS (GOO) " IMESTFIELD 25 VMITTIER ISLANDS N Mr)TIER NARROWS 97 WILLOABROOK(GOD) VS WLSONAOMR s N VANOSOR HILLS 1GDD) TM WRIGHTWGOD DN wnlYneC MNs mq YNcaNp bMwY PYe eybbd�eH9 PMTwee.aM'.LS AnpW a MtHmMLw Male Ow�M'SePbeeel O.M9ePeeeN sate bn NeSLeT pem olPtla Wab'aVW wnMee. YIeCNatle MIM Y'IbPwMhttl Owm. EXHIBIT B Hale,Thw MY�d a. nMb.wN LEGEND TAUBDC WORKS Unincorporated Community Garbage Disposal District (GDD) (NTE 11/IYN09 SerepLlipYq C PopMy Meu9emm16Nkn. Nypbp ] 0139�nwe 9eL�n EXHIBIT CA (Revised 412012) CUSTOMER BILL OF RIGHTS CUSTOMER BILL OF RIGHTS (which COUNTY may amend) What We Will Collect. We will collect refuse, green waste and commingled recyclabies in bins and/or carts we provide. You must place refuse, recyclable materials, and green waste in the appropriate bins and/or carts. We will not pick up materials that you discard outside of bins and/or carts unless you have made previous arrangements with us, as described below. Additional Customer Options Regarding Recyclables: Mandatory Recycling. Commercial businesses and multifamily residences that generate 4 cubic yards or more of solid waste per week are required by California law to recycle. To comply with law, you may donate or sell any or all of your recyclables to someone else, such as recycling centers or reuse enterprises or subscribe to recycling services with us. We offer the following recycling service options without additional charge: a one cubic yard recyclable bin or up to two 96 gallon recyclable carts. Additional or larger containers will be offered at half the rate for the same type and capacity of refuse container and same frequency of refuse collection service. In addition, we will conduct annual site visits to evaluate whether your existing levels of refuse and recycling service is appropriate, and promote and implement recycling services. We Will Not Collect Hazardous Waste or Electrical Waste. State law prohibits disposal of hazardous materials and certain electronics in your trash. Hazardous waste includes: most paints, pesticides, petroleum derivatives such as motor oil and solvents, batteries, thermostats, aerosol cans, fluorescent lights, and certain mercury -containing devices. Electrical waste includes "covered electronic devices" and electrically powered equipment described below under "On -Call Pickups", which you may ask us to collect separately. If we identify these items in your trash, we will tag your bin and not collect it. For additional safe and legal disposal options, call the HAZWASTE HOTLINE at (888) CLEAN -LA or visit www.ciwmb.ca.gov/HHW/info. When We Will Collect. We will collect your containers on your scheduled collection day(s) each week. We will notify you in advance if we make a permanent change in your scheduled collection day. If your scheduled collection day falls on or after a holiday, during a holiday week, collection will be delayed by one day (Friday customers will have their collection on Saturday). We observe the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day. Where We Will Pick Up. You must set your bin(s) at the set -out site as agreed upon unless you have roll-out service. If we agreed to collect on private driveways or pavement, we will ask you to sign a waiver of damage liability and/or indemnification. We must repair or replace, to your satisfaction, damaged property, and reimburse you for cost of personal injury, caused by our negligence or willful acts or omissions. In addition to enforcing your rights under the franchise agreement, you may institute civil suits allowed under law. 29 EXHIBIT C.1 (Revised 4/2012) Container Enclosure Maintenance and Litter. You are responsible for keeping your container enclosure or set out site clean and in good repair. We will clean up all litter caused during collection. Weight Limitations of Carts or Bins. We will not pick up carts weighing more than XXX or bins weighing more than: x cubic yard bin= xxx lbs, etc. (Hauler to provide max wt based on container size) Repair/Replacement. We will repair or replace containers within 2 weeks of your request at no charge. Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties: We will provide one of the following service options upon your request: (1) 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not in any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendant of a multi -family residence and schedule the annual cleanup event. Examples of bulky items include discarded furniture (such as chairs, sofas, mattresses, box springs, and rugs); appliances (such as refrigerators, range, washers, dryers, water heaters, dishwashers, plumbing, and other similar items). Electronics includes "covered electronic devices" such as cathode ray tubes (as in N and computer monitors), LCD and plasma screens; and electrically powered equipment such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, and calculators. On -Call Pickups for Commercial Customers with Surcharge. We will make 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at specified charges. If you call us at least 24 hours in advance, we will collect them on your next regularly scheduled pickup day. When You Must Pay. (Hauler to provide billing information) Sample Language: We bill trash collection services three -months in advance. We will mail your bill on or before the 151 day of your billing period, for example, on April 1st for the billing period of April, May and June. Your bill is due no later than the last day of the first month, for example M EXHIBIT C.1 (Revised 4/2012) on April 30`h. If we do not receive payment by the last day of the second month, for example, May 31st, your bill will become delinquent and an additional 10% per annum fee will be added to the balance. We may terminate your service if you do not pay your service fees by the end of the billing cycle, for example, June 30`x. We will charge $25 to restart the service after a service interruption and a $25 fee on returned checks. Customer Termination Rights And Right To Self -Haul: Within six months of your new service, we will amend any written subscription order you may have with us to grant you your customer termination rights. You may terminate service without cause at any time by giving us 90 days notice if you are not delinquent in paying us any service charges. You may also terminate service immediately in the event of certain emergencies or by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts and/or dumpsters/bins) or we bill you incorrectly (such as changing your service rate(s) without obtaining your prior consent through a revised Customer Subscription Order). You also have the right to self -haul all or some of your waste in addition to, or instead of, subscribing to our service. Customer Notification. We will provide a written final notice (postmarked at least 14 days in advance) if we are to suspend or terminate your service. The final notice will include an explanation for the suspension or termination and information on how to resolve your issue and restart service. We will refund (Hauler to provide language) Sample Language: any overcharges (including advance payments for services that you subsequently cancel) within 30 days after we receive them. We will pay you interest on overcharges (other than advance payments for subsequently canceled services) at 10 percent per annum from the date the overcharged until the date refunded. Where You Can Contact Us. You may call us regarding service or complaints Toll Free at (insert haulers number here) between Xam and Xpm weekdays, except holidays. You may come to our office located at (insert haulers address here), mail correspondence to our office address or via e-mail at (insert haulers e-mail address). If we do not satisfactorily resolve any complaint; you may call the County at 1-800-993- 5844. We Do Not Discriminate. If you are entitled to service, we will not discriminate against you on account of race, creed, color, sex, gender, national origin, ancestry, religion, age, physical or mental disability, marital status, or political affiliation. Rights Of Privacy. We will observe and protect your rights of privacy and trade secrets. Unless you give us permission, we will not reveal any information identifying you or the composition or contents of your solid waste to any person except the County or if required by law. Thank You For Allowing (Insert haulers name here) To Serve Youl 70 EXHIBIT D Assembly Bill No. 341 CHAPTER 476 An act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, to add Sections 40004, 41734.5, and 41780.01 to, to add Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and to add and repeal Section 41780.02 of, the Public Resources Code, relating to solid waste. [Approved by Governor October 5, 2011. Filed with Secretary of state October 6, 2011.1 LEGISLATIVE COUNSELS DIGEST AB 341, Chesbro. Solid waste: diversion. (1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and a composting component. With certain exceptions, the source reduction and recycling element of that plan is required to divert 500/6 of all solid waste from landfill disposal or transformation by January I, 2000, through source reduction, recycling, and composting activities. The department is required to file an annual progress report with the Legislature by March 1 that includes specified information regarding the act. This bill would make a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020, and would require the department, by January 1, 2014, to provide a report to the Legislature that provides strategies to achieve that policy goal and also includes other specified information and recommendations. The bill would allow the department to provide the report required by the bill in conjunction with the annual progress report, if the combined report is submitted by January 1, 2014. The bill would repeal the report requirement on January 1, 2017. (2) Existing law requires a city, county, and city and county to incorporate the nondisposal facility element and any amendment to the element into the revised source reduction and recycling element at the time of the 5 -year revision of the source reduction and recycling element. Existing law requires the department to review an amendment to a nondisposal facility element and requires a local task force to review and comment on amendments to a nondisposal facility element. This bill would repeal those requirements. The bill would instead require a city, county, city and county, or regional agency to update all information 92 71 EXHIBIT D Ch. 476 —2— required to be included in the nondisposal facility element. The bill would provide that the update is not subject to approval by the department or comment and review by a local task force. (3) Existing law requires a local agency to impose certain requirements on an operator of a large venue or event to facilitate solid waste reduction, reuse, and recycling. This bill would require a business, defined to include a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more to arrange for recycling services, on and after July 1, 2012. The bill would also require a commercial waste generator to take specified actions with regard to recyclable materials. The bill would require a jurisdiction, on and after July 1, 2012, to implement a commercial solid waste recycling program meeting specified elements but would not require the jurisdiction to revise its source reduction and recycling element if the jurisdiction adds or expands a commercial solid waste recycling program to meet this requirement. The bill would authorize a local agency to charge and collect a fee from a commercial waste generator to recover the local agency's costs incurred in complying with the commercial solid waste recycling program requirements. By requiring a jurisdiction to implement a commercial solid waste recycling program, this bill would impose a state -mandated local program. The bill would require the department7 to review a jurisdiction's compliance with the above requirement as a part of the department's review of a jurisdiction's compliance with the 50% solid waste diversion requirement and would authorize the department to review a jurisdiction's compliance pursuant to a specified procedure. (4) Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on September 1 of each year starting in 2009. This bill would change the due date to May 1 of each year. (5) Existing law requires an operator of a solid waste facility that wants to change the design or operation of the solid waste facility in a manner not authorized by the current permit to apply for a revised permit Within 60 days of receipt of the application for the revised permit, the enforcement agency is required to inform the operator, and in some circumstances the department, of its determination to allow the change without revision c the permit, disallow the change, require a revision of the permit to allow the change, or require review under the California Environmental Quality Act before a decision is made. This bill would also require the enforcement agency to give notice of its determination to allow certain changes without a revision to the permit through a modification to the permit allowed by regulations developed by the department (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 92 72 —3— This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares both of the following: (1) Since the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), local govemments and private industries have worked jointly to create an extensive material collection and recycling infrastructure and have implemented effective programs to achieve a statewide diversion rate above 50 percent. (2) Although the state now leads the nation in solid waste reduction and recycling, the state continues to dispose of more than 40 million tons of solid waste each year, which is more than the national average on a per capita basis. Additional efforts must be undertaken to divert more solid waste from disposal in order to conserve scarce natural resources. (b) The Legislature further finds and declares all of the following: (1) Approximately 64 percent of the state's solid waste disposal is from commercial sources, including commercial, industrial, construction, and demolition activities. In addition, 8 percent of the state's solid waste disposal is from multifamily residential housing that is often collected along with the commercial waste stream. (2) The state's Iocal governments have made significant progress in reducing the amount of solid waste disposal from single-family residential sources that make up 28 percent of the state's disposal, but have faced more challenges in reducing disposal from the commercial and multifamily sources. (3) The disposal of recyclable materials in the commercial solid waste stream prevents materials from circulating in the state economy to produce jobs and new products. Reducing the disposal of these materials will conserve landfill capacity and contribute to a reduction in greenhouse gas emissions and climate change. (4) The state has long been a national and international leader in environmental stewardship efforts and mandating the diversion of solid waste away from disposal. Bold environmental leadership and a new approach are needed to divert commercial solid waste away from disposal. (5) By exercising a leadership role, the state will lead the business community toward a future is which the environment and the economy both grow stronger together by recycling materials, which creates new lobs, instead of burying resources, which exit the economy forever. (6) By requiring commercial recycling, the state will help businesses reduce costly disposal fees and reclaim valuable resources. SEC. 2. Section 40004 is added to the Public Resources Code, to read: 40004. (a) The Legislature finds and declares all of the following: 92 73 EXHIBIT D Ch. 476 —4— (1) 4— (1) Solid waste diversion and disposal reduction require the availability of adequate solid waste processing and composting capacity. (2) The existing network of public and private solid waste processing and composting facilities provides a net environmental benefit to the communities served, and represents a valuable asset and resource of this state, one that must be sustained and expanded to provide the additional solid waste processing capacity that will be required to achieve the additional solid waste diversion targets expressed in Section 41780.01 and the commercial solid waste recycling requirement expressed in Section 42649. (3) The provisions in existing law that confer broad discretion on local agencies to determine aspects of solid waste handling that are of local concern have significantly contributed to the statewide diversion rate exceeding 50 percent, and further progress toward decreasing solid waste disposal requires that this essential element of local control be preserved. (b) It is the intent of the Legislature to encourage the development of the additional solid waste processing and composting capacity that is needed to meet state objectives for decreasing solid waste disposal by identifying incentives for local governments to locate and approve new or expanded facilities that meet and exceed their capacity needs, and to recognize local agencies that make significant contributions to the state's overall solid waste reduction and recycling objectives through the siting of facilities for the processing and composting of materials diverted fromthe solid waste stream. (c) By setting new commercial solid waste recycling requirements in Section 42659, the Legislature does not intend to limit a right afforded to local governments pursuant to Section 40059, or to modify or abrogate in any manner the rights of a local government or solid waste enterprise with regard to a solid waste handling franchise or contract SEC. 3. Section 41730 of the public Resources Code is amended to read: 41730. Except as provided in Section 41750.1, each city shall prepare, adopt, and, except for a city and county, transmit to the county in which the city is located a nondisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a city source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any updates to the element shall not be subject to the approval of the county and the majority of cities with the majority of the population in the incorporated area. SEC. 4. Section 41731 of the public Resources Code is amended to read: 41731. Except as provided in Section 41750. 1, each county shall prepare, adopt, and, except for a city and county, transmit to the cities located in the county a nondisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a county source reduction and recycling element adopted pursuant to this part The nondisposal facility element and any updates to the element shall not be subject to the approval of the majority of cities with the majority of the population in the incorporated area. SEC.5. Section 41734 of the public Resources Code is amended to read: 92 74 EXHIBIT D -s- 41734. (a) (1) Prior to adopting a nondisposal facility element, the city, county, or regional agency shall submit the element to the task force created pursuant to Section 40950 for review and comment. (2) Prior to adopting a regional agency nondisposal facility element, if the jurisdiction of the regional agency extends beyond the boundaries of a single county, the regional agency shall submit the element for review and comment to each task force created pursuant to Section 40950 of each county within the jurisdiction of the regional agency. (b) Comments by the task force shall include an assessment of the regional impacts of potential diversion facilities and shall be submitted to the city, county, or regional agency and to the department within 90 days of the date of receipt of the nondisposal facility element for review and comment. SEC.6. Section 41734.5 is added to the Public Resources Code, to read: 41734.5. (a) Once a noudisposal facility element has been adopted, the city, county, or regional agency shall update all information required to be included in the nondisposal facility element, including, but not limited to, new information regarding existing and new, or proposed, nondisposal facilities. (b) Updates shall be provided to the department within 30 days of any change in information. (c) Copies of the updated information shall also be provided to the local task force and shall be appended or otherwise added to the nondisposal facility element (d) The local task force shall not be required to review and comment on the updates to the nondisposal facility elements. (e) Updates to the nondisposal facility elements are not subject to approval by the department SEC. 7. Section 41735 of the Public Resources Code is amended to read: 41735. (a) Notwithstanding Division 13 (commencing with Section 21000), the adoption or update of a nondisposal facility element shall not be subject to environmental review. (b) Local agencies may impose a fee on project proponents to fund their necessary and actual costs of preparing and approving updates to nondisposal facility elements. SEC. 8. Section 41736 of the Public Resources Code is amended to read: 41736. It is not the intent of the Legislature to require cities and counties to revise their source reduction and recycling elements to comply with the requirements of this chapter. SEC. 9. Section 41780.01 is added to the Public Resources Code, to read: 41780.01. (a) The Legislature hereby declares that it is the policy goal of the state that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter. (b) Notwithstanding subdivision (a), the department shall not establish or enforce a diversion rate on a city or county that is greater than the 50 percent diversion rate established pursuant to Section 41780. 92 75 EXHIBIT D Ch. 476 —6— SEC. 10. Section 41780.02 is added to the Public Resources Code, to read: 41780.02. (a) On or before January 1, 2014, the department shall submit a report to the Legislature that provides strategies to achieve the state's policy goal that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter, pursuant to Section 41780.01. (b) The report shall also include all of the following: (1) A review and update of the information required pursuant to subparagraph (A) of paragraph (4) of subdivision (c) of Section 40507, with emphasis on new and emerging trends in resource management. (2) Identification of problematic waste streams and sources and recommendations on handling those waste streams. (3) Evaluation of current programs and their effectiveness, and recommendations for changes to those programs. (4) Recommendations for reprioritizing existing resources to best achieve the purpose of Section 41780.01. (5) Recommendations for legislative changes, if any, that are necessary to achieve the goals of Section 41780.01. (6) Report on regulatory changes, if any, that are necessary, to achieve the goals of Section 41780.01. (7) Any other information or recommendations the department deems pertinent. (c) The department may provide the report required pursuant to this section in conjunction with the report required pursuant to Section 40507 if the combined report is submitted on or before January 1, 2014. (d) The department may hold public workshops to gather input from stakeholders. (e) (1) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2017. (2) The report shall be submitted in compliance with Section 9795 of the Govemment Code. SEC. 11. Section 41800 of the Public Resources Code is amended to read-- 41800. ead41800. (a) Except as provided in subdivision (b), within 120 days from the date of receipt of a countywide or regional integrated waste management plan that the department has determined to be complete, or any element of the plan that the department has determined to be complete, the department shall determine whether the plan or element is in compliance with Article 2 (commencing with Section 40050) of Chapter 1 of Part 1, Chapter 2 (commencing with Section 41000), and Chapter 5 (commencing with Section 41750), and, based upon that determination, the department shall approve, conditionally approve, or disapprove the plan or element. (b) (1) Within 120 days from the date of receipt of a city, county, or regional agency nondisposal facility element that the department has determined to be complete, the department shall determine whether the element that the department has determined to be complete is in compliance 92 76 EXHIBIT D —7— with Chapter 4.5 (commencing with Section 41730) and Article I (commencing with Section 41780) of Chapter 6, and, based upon that determination, the department shall approve, conditionally approve, or disapprove the element within that time period. (2) In reviewing the element, the department shall: (A) Not consider the estimated capacity of the facility or facilities in the element unless the department determines that this information is needed to determine whether the element meets the requirements of Article 1 (commencing with Section 41780) of Chapter 6. (B) Recognize that individual facilities represent portions of local plans or programs that are designed to achieve the diversion requirements of Section 41780 and therefore may not arbitrarily require new or expanded diversion at proposed facilities. (C) Not disapprove an element that includes a transfer station or other facility solely because the facility does not contribute toward the jurisdiction's efforts to comply with Section 41780. (c) If the department does not act to approve, conditionally approve, or disapprove an element that the department has determined to be complete within 120 days, the departmeut shall be deemed to have approved the element. SEC. 12. Chapter 12.8 (commencing with Section 42649) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 12.8. RECYCLING OF COMMERCIAL SOLID WASTE 42649. (a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate. (b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs. (c) It is the intent of the Legislature to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California. 42649.1. For purposes of this chapter, the following terms mean the following: (a) `Business" means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) "Commercial solid waste" has the same meaning as defined in Section 17225.12 of Title 14 of the California Code of Regulations. (c) "Commercial waste generator"means a business subject to subdivision (a) of Section 42649.2. (d) "Self -hauler" means a business that hauls its own waste rather than contracting for that service. 92 77 EXHIBIT D Ch. 476 —8- 42649.2. (a) On and after July 1, 2012, a business that generates more than four cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider. (b) A commercial waste generator shall take at least one of the following actions: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self -hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation. (c) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section. 42649.3. (a) On and after July 1,2012, eachjurisdiction shall implement a commercial solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses subject to Section 426492, whether or not thejurisdiction has met the requirements of Section 41780. (b) If a jurisdiction already has a commercial solid waste recycling program as one of its diversion elements that meets the requirements of this section, it shall not be required to implement a new or expanded commercial solid waste recycling program. (c) The commercial solid waste recycling program shall be directed at a commercial waste generator, as defined in subdivision (b) of Section 42649. 1, and may include, but is not limited to, any of the following: (1) Implementing a mandatory commercial solid waste recycling policy or ordinance. (2) Requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement. (3) Requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal. (d) The commercial solid waste recycling program shall include education, outreach to, and monitoring of, businesses. A jurisdiction shall notify a business if the business is not in compliance with Section 42649.2. (e) The commercial solid waste recycling program may include enforcement provisions that are consistent with a jurisdiction's authority, including a structure for fines and penalties. (f) The commercial solid waste recycling program may include certification requirements for self -haulers. (g) The department shall review a jurisdiction's compliance with this section as part of the department's review required by Section 41825. Each jurisdiction shall report the progress achieved in implementing its commercial recycling program, including education, outreach, identification, 92 78 EXHIBIT D —9— and monitoring, and if applicable, enforcement efforts, by providing updates m the annual report required by Section 41821. (h) The department may also review whether a jurisdiction is in compliance with this section at any time that the department receives information that ajurisdiction has not implemented, oris not making a good faith effort to implement, a commercial recycling program. (i) During its review pursuant to subdivision (g) or (h), the department shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program. For purposes of this section, "good faith effort" means all reasonable and feasible efforts by a jurisdiction to implement its commercial recycling program. During its review, the department may include, but is not limited to, the following factors in its evaluation of ajurisdiction's good faith effort: (I) The extent to which businesses have complied with Section 42649.2, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are subscribing to service. (2) The recovery rate of the commercial waste from the material recovery facilities that are utilized by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuant to Section 18809.4 of Title 14 of the California Code of Regulations. (3) The extent to which the jurisdiction is conducting education and outreach to businesses. (4) The extent to which the jurisdiction is monitoring businesses, and notifying those businesses that are out of compliance. (5) The availability of markets for collected recyclables. (6) Budgetary constraints. (7) In the case of a nual jurisdiction, the effects of small geographic size, low population density, or distance to markets. 42649.4. (a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 42649.3, the jurisdiction shall not be required to revise its source reduction and recycling element, or obtain the department's approval pursuant to Article I (commencing with Section 41800) of Chapter 7 of Part 1. (b) If an addition or expansion of ajurisdiction's commercial solid waste recycling program is necessary, the jurisdiction shall update in its annual report required pursuant to Section 41821. 42649.5. (a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is more stringent or comprebensive than the requirements of this section or limit the authority of a local agency in a county with a population of less than 200,000 to require commercial solid waste recycling. (b) This chapter does not modify, limit, or abrogate in any manner any of the following: (1) A franchise granted or extended by a city, county, or other local government agency. 92 79 EXHIBIT D Ch. 476 —10— (2) 10— EXHIBIT D (2) Acontract, license, orpermittocollect solid waste previously granted or extended by a city, county, or other local government agency. (3) The existing right of a business to sell or donate its recyclable materials. 42649.6. A local agency may charge and collect a fee from a commercial waste generator in order to recover the local agency's costs incurred in complying with this chapter. 42649.7. If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011-12 Regular Session of the Legislature adding this section, those regulations shall be deemed to have been adopted by the department, and they shall be added to the department's regulations and deleted from the board's regulations as if it were a change without regulatory effect. SEC. 13. Section 42926 of the public Resources Code is amended to read: 42926. (a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. lite annual report shall be due on or before May 1, 2012, and on or before May 1 in each subsequent year. The information in this report shall encompass the previous calendar year. (b) Each state agency's annual report to the department shall, at a minimum, include all of the following: (1) Calculations of annual disposal reduction. (2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. (3) A summary of progress made in implementing the integrated waste management plan. (4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. (5) Other information relevant to compliance with Section 42921. (c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency's integrated waste management plan needs to be revised. SEC. 14. Section 44004 of the Public Resources Code is amended to read: 44004. (a) An operator of a solid waste facility shall not make a significant change in the design or operation of the solid waste facility that is not authorized by the existing permit, unless the change is approved by the enforcement agency, the change conforms with this division and all regulations adopted pursuant to this division, and the terms and conditions of the solid waste facilities permit are revised to reflect the change. 92 —]I— (b) If the operator wishes to change the design or operation of the solid waste facility in a manner that is not authorized by the existing permit, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall be filed at least 180 days in advance of the date when the proposed modification is to take place unless the 180 -day time period is waived by the enforcement agency. (c) The enforcement agency shall review the application to determine all of the following: (1) Whether the change conforms with this division and all regulations adopted pursuant to this division. (2) Whether the change requires review pursuant to Division 13 (commencing with Section 21000). (d) Within 60 days from the date of the receipt of the application for a revised permit, the enforcement agency shall inform the operator, and if the enforcement agency is a local enforcement agency, also inform the department, of its determination to do any of the following: (1) Allow the change without a revision to the permit. (2) Allow the following changes without a revision to the permit through a modification to the permit allowed pursuant to regulations developed by the department: (A) The proposed change is to allow a nondisposal facility to increase the amount of solid waste that it may handle and that increased amount is within the existing design capacity as described in the facility's transfer processing report and review pursuant to Division 13 (commencing with Section 21000). (B) The proposed change is to allow a disposal facility to add a noudisposal activity to the facility that will increase the amount of solid waste that may be handled as described in the facility's report of facility information and review pursuant to Division 13 (commencing with Section 21000). (3) Disallow the change because it does not conform with the requirements of this division or the regulations adopted pursuant to this division. (4) Require a revision of the solid waste facilities permit to allow the change. (5) Require review under Division 13 (commencing with Section 21000) before a decision is made. (e) The operator has 30 days within which to appeal the decision of the enforcement agency to the hearing panel, as authorized pursuant to Article 2 (commencing with Section 44305) of Chapter 4. The enforcement agency shall provide notice of a hearing held pursuant to this subdivision in the same manner as notice is provided pursuant to subdivision (h). (f) Under circumstances that present an immediate danger to the public health and safety or to the environment, as determined by the enforcement agency, the 180 -day filing period may be waived. 92 81 EXHIBIT D Ch. 476 —12— (g) 12— (g) (1) A permit revision is not required for the temporary suspension of activities at a solid waste facility if the suspension meets either of the following criteria: (A) The suspension is for the maintenance or minor modifications to a solid waste unit or to solid waste management equipment. (B) The suspension is for temporarily ceasing the receipt of solid waste at a solid waste management facility and the owner or operator is in compliance with all other applicable terms and conditions of the solid waste facilities permit and minimum standards adopted by the department. (2) An owner or operator of a solid waste facility who temporarily suspends operations shall remain subject to the closure and postclosure maintenance requirements of this division and to all other requirements imposed by federal law pertaining to the operation of a solid waste facility. (3) The enforcement agency may impose any reasonable conditions relating to the maintenance of the solid waste facility, environmental monitoring, and periodic reporting during the period of temporary suspension. The department may also impose any reasonable conditions determined to be necessary to ensure compliance with applicable state standards. (h) (1) (A) Before making its determination pursuant to subdivision(d), the enforcement agency shall submit the proposed determination to the department for comment and hold at least one public bearing on the proposed determination. The enforcement agency shall give notice of the hearing pursuant to Section 65091 of the Government Code, except that the notice shall be provided to all owners of real property within a distance other than 300 feet of the real property that is the subject of the hearing, if specified in the regulations adopted by the department pursuant to subdivision (i). The enforcement agency shall also provide notice of the hearing to the department when it submits the proposed determination to the department. (B) The enforcement agency shall mail or deliver the notice required pursuant to subparagraph (A) at least 10 days prior to the date of the hearing to any person who has filed a written request for the notice with a person designated by the enforcement agency to receive these requests. The enforcement agency may charge a fee to the requester in an amount that is reasonably related to the costs of providing this service and the enforcement agency may require each request to be annually renewed. (C) The enforcement agency shall consider environmental justice issues when preparing and distributing the notice to ensure that the notice is concise and understandable for limited -English-speaking populations. (2) If the department comments pursuant to paragraph (1), the department shall specify whether the proposed determination is consistent with the regulation adopted pursuant to subdivision (i). (i) (1) The department shall, to the extent resources ere available, adopt regulations that implement subdivision (h) and define the term "significant change in the design or operation of the solid waste facility that is not authorized by the existing permit." 92 EF EXHIBIT D —13— (2) While formulating and adopting the regulations required pursuant to paragraph (1), the department shall consider recommendations of the Working Group on Environmental Justice and the advisory group made pursuant to Sections 71113 and 71114 and the report required pursuant to Section 71115. SEC. 15. Section 50001 of the Public Resources Code is amended to read: 50001. (a) Except as provided by subdivision (b), after a countywide or regional agency integrated waste management plan has been approved by the Department of Resources Recycling and Recovery pursuant to Division 30 (commencing with Section 40000), a person shall not establish or expand a solid waste facility, as defined in Section 40194, in the county unless the solid waste facility meets one of the following criteria: (1) The solid waste facility is a disposal facility or a transformation facility, the location of which is identified in the countywide siting element or amendment to that element, which has been approved pursuant to Section 41721. (2) The solid waste facility is a facility that is designed to recover for reuse or recycling at least 5 percent of the total volume of material received by the facility, and that is identified in the nondisposal facility element that has been approved pursuant to Section 41800 or is included in an update to that element. (b) Solid waste facilities other than those specified in paragraphs (1) and (2) of subdivision (a) shall not he required to comply with the requirements of this section. (c) The person or agency proposing to establish a solid waste facility shall prepare and submit a site identification and description ofthe proposed facility to the task force established pursuant to Section 40950. Within 90 days after the site identification and description is submitted to the task force, the task force shall meet and comment on the proposed solid waste facility in writing. These comments shall include, but are not limited to, the relationship between the proposed solid waste facility and the implementation schedule requirements of Section 41780 and the regional impact of the facility. The task force shall transmit these comments to the person or public agency proposing establishment of the solid waste facility, to the county, and to all cities within the county. The comments shall become part of the official record of the proposed solid waste facility. (d) The review and comment by the local task force shall not be required for an update to a nondisposal facility element. SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article X1U B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. O 83 92 EXHIBIT D Proposed Regulation: Mandatory Commercial Recycling cal Recycle Page 1 of 3 EXHIBIT D Mandatory Commercial Recycling Proposed Regulations ................. ...................1,......................... ............................................................ Description New regulation covering CalRecyde's responsibilities for implementing mandatory commercial recycling (Recycling of Commercial Solid Waste) law. This rulemaking concerns recycling requirements for businesses that generate 4 cubic yards or more of commercial solid waste per week and multifamily residential dwellings with 5 or more units, requirements for local jurisdictions for education, outreach, monitoring and reporting, and CalRecycle review. Affected Regulatory Code Sections California Code of Regulations, Title 14, Division 7, Chapter 9.4, Article 2, commencing with Section 18836. Status Formal rulemaking for the proposed regulation begins October 28, 2011 with the beginning of the 45 -day comment period which ends on December 12, 2011. A public hearing is scheduled for December 13, 2011, to receive comments following the initial 45day public comment period. Contact You may the contact CalRecycle's Mandatory Commercial Recycling team at dimatechanget&calrecvde.ca.00v. If you would like to receive an e-mail notification of developments in this rulemaking, please add your contact information to CalRecyde's Mandatory Commercial Recycling Listserv. Planned Opportunities for Stakeholder Input October 28, 2D11: CalRecycle starts 45 -day comment period for the proposed regulation, extending through December 12, 2011. December 13, 2011 Public Hearing: CalRecycie will hold a public hearing to receive comments for the proposed regulation following the 45 -day comment period . January 2012: 15 -day Public Comment Period, if needed, In response to written comments submitted to CalRecycle during the formal 45 -day comment period. February 2012 Public Meeting: The final proposed regulations will be presented at the CalRecycle public meeting. Rulemaking Documents Notice of Proposed Rulemaking (PDF, 324 KB), October 28, 2011. Public notice of the initial 45 -day comment period. Initial Statement of Reasons (PDF, 221 KB), October 28, 2011. A statement of the specific purpose and rationale for the program regulation. Proposed Regulations (PDF, 246 KB), October 28, 2011. Proposed regulatory text for 45day comment period. Rulemaking History Prior to AB 341 Prior to the passage A8 341, CalRecycle and the ARB worked together to establish a rulemaking process for the Mandatory Commercial Recycling Measure required in the AB 32 Scoping Plan. Under a Memorandum of Understanding between the two, CalRecycle was responsible for developing, implementing, and enforcing the regulations, while ARB was responsible for adopting the regulations and providing additional enforcement'd needed. 84 http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 Proposed Regulation: Mandatory Commercial Recycling Page 2 of 3 EXHIBIT D To build the basis for the rulemaking, CalRecycle and the ARB hosted eight (8) Informal workshops to solicit stakeholder feedback regarding the measure and associated draft regulations. These workshops offered an informal opportunity to talk about design and implementation issues of this measure. While there are some distinctions between the draft regulations in this prior rulemaking effort and the commercial recycling program outlined in AB 341, the fundamental framework and principals are parallel. Therefore, CalRecycle staff has adjusted the proposed regulation for a new rulemaking, as described above to reflect the specifics of AB 341, while also carrying forward the language and details incorporated through the nearly 3 -year informal stakeholder engagement process. The following provides additional details regarding each of these workshops. Workshop Dates July 19, 2011, Sacramento, California CalRecycle staff conducted a workshop seeking stakehokter input on additional staff economic analysis and changes to the proposed AB 32 Mandatory Commercial Recycling regulation since the January 19, 2011 meeting. The workshop materials and description are posted on the related CalRecycle Public notice Paye. January 19, 2011, Sacramento, California Al the January 19, 2011 workshop, CalRecycle and ARB staff reviewed the revised draft regulatory languaae (PDF, 116 KB), various related economic and environmental Impact analyses, and the final draft report for the cost study on commercial recycling. Staff engaged with participants, addressing questons and collecting informal stakeholder comments related to these subjects through January 26, 2D11. September 21, 2010, Sacramento, California In coordination with the Air Resources Board, CalRecycle focused the September 21, 2010 informal stakeholder workshop on various related analysis efforts, including the: Cost model for economic evaluation of the proposed regulation with supplemental economic analysis Local government cost survey Recycling and composting GHG emission reduction factors Environmental impacts analysis The workshop materials ere posted on the related CalRecvcle public notice page. CalRecycle staff requested comments by October 8, 2110. June 16, 2610, Sacramento, California As part of the Materials Management and Local Assistance (MMLA) monthly public meeting agenda, CalRecycle staff engaged in an informal stakeholder workshop on the proposed AB 32 Mandatory Comm( Recvcling regulation. Event information included: agenda, proposed regulations, summary of proposed regulation, background information, and presentations. CalRecycle staff requested comments by June 30, 2010. Workshop topics inciuded: Introductions and general project background information. Overview of the regulation. Focused discussion on related issues. Presentation of associated tools. Next steps and Umeline for formal rulemaking. Presentations included: Sample Mandatory Commercial Recycling Ordinance Proiect by Yvonne Hunter, Institute for Local Government. (Adobe PDF, 171 KB) 85 httpJ/www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/1 V2011 1 Proposed Regulation: Mandatory Commercial Recycling Page 3 of 3 EXHIBIT D Calculator to Estimate Climate Financial and Diversion Benefits of Zero We by Amity Lumper, Cascadia Consulting Group, Inc. (Adobe PDF, 940 KB) December 15, 2009, Sacramento, California At the December 15 CIWMB Board Meeting, CIWMB Staff presented a discussion of and request for direction on Draft Proposed Regulatory Lanquaoe (Word, 106 KB) and Rulemaking Plan (Word, 74 KB). September 15, 2009, Sacramento, California At the September 15th CIWMB Board Meeting, CIWMB Staff presented a compilation of stakeholder input (Word, 38 KB) obtained from workshops conducted in July and August. Also presented was Staffs Draft C nce (Word. 235 KB) for Mandatory Commercial Recycling Regulation. July 20 and August 6, 2009, Northern and Southern California Agenda (Adobe PDF. 358 KB) I White Paper (Adobe PDF, 948 KB) All interested stakeholders were invited to Informal stakeholder workshops on Mandatory Commercial Recycling. Staff provided background information regarding this measure, including related legislation, support projects, and the overall timeline at two initial workshops hosted in the summer of 2009. Discusslon Included Input on a range of issues such as thresholds, exemptions, implementation, enforcement, and costs. These are also described in the related 'white paper' provided above. In follow-up to these workshops, staff prepared and presented a summary of the informal stakeholder comment received relative to staffs draft conceptual regulatory provisions at the September 9, 2009, Strategic Policy Development Committee meeting. At this meeting, staff was directed to use these conceptual regulatory provisions as the basis for draft regulatory language to be presented and discussed at the Strategic Policy Development Committee meeting in December 2009. Presentations July 20, 2009 Cal EPA Headquarters Building (available via broadcast Sacramento, California Sacramento County's Commercial Receding Proaram by Pat Quinn (Adobe PDF, 246 KB). For more information, go to the Sacramento County Business Recycling web page. Mandatory Commercial Recycling Home August 6, 2009 South Coast Air Quality Management District Diamond Bar, California The City of Chula Vista's Commercial Recycling Ordinance by Lynn France (Adobe PDF, 1 MB). For more information, refer to the City of Chula Vista's Business Recycling Guidelines. ...................................................................................................................... Last updated: October 29, 2011 Climate Change: hltoltm w wkefNde m oov/Crmate Chance/ Contact: dimate&a me0csirecede.ca.oov Conditions of Use I Privacy Policy ©1995. 2011 California Department of Resources Recycling and Recovery (CalRecycle). All rights reserved. m http://www.calrecycle.ca.gov/Climate/RecyclingfWorkshops/default.htm 11/17/2011 EXHIBIT E Chapter 2.206 DEFAULTED PROPERTY TAX REDUCTION PROGRAM 2.206.010 Findings and declarations. 2.206.020 Definitions. 2.206.030 Applicability. 2.206.040 Required solicitation and contract language. 2.206.050 Administration and compliance certification. 2.206.060 Exclusions/Exemptions. 2.206.070 Enforcement and remedies. 2.206.080 Severability. 2.206.010 Findings and declarations. The Board of Supervisors finds that significant revenues are lost each year as a result of taxpayers who fail to pay their tax obligations on time. The delinquencies impose an economic burden upon the County and its taxpayers. Therefore, the Board of Supervisors establishes the goal of ensuring that individuals and businesses that benefit financially from contracts with the County fulfill their property tax obligation. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor' shall mean any person, firm, corporation, partnership, or combination thereof, which submits a bid or proposal or enters into a contract or agreement with the County. B. "County" shall mean the county of Los Angeles or any public entities for which the Board of Supervisors is the governing body. C. "County Property Taxes" shall mean any property tax obligation on the County's secured or unsecured roll; except for tax obligations on the secured roll with respect to property held by a Contractor in a trust or fiduciary capacity or otherwise not beneficially owned by the Contractor. D. "Department" shall mean the County department, entity, or organization responsible for the solicitation and/or administration of the contract. E. "Default" shall mean any property tax obligation on the secured roll that has been deemed defaulted by operation of law pursuant to California Revenue and Taxation Code section 3436; or any property tax obligation on the unsecured roll that remains unpaid on the applicable delinquency date pursuant to California Revenue and Taxation Code section 2922; except for any property tax obligation dispute pending before the Assessment Appeals Board. 87 EXHIBIT E "Solicitation" shall mean the County's process to obtain bids or proposals for goods and services. G. 'Treasurer -Tax Collector" shall mean the Treasurer and Tax Collector of the County of Los Angeles. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.030 Applicability. This chapter shall apply to all solicitations issued 60 days after the effective date of the ordinance codified in this chapter. This chapter shall also apply to all new, renewed, extended, and/or amended contracts entered into 60 days after the effective date of the ordinance codified in this chapter. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.040 Required solicitation and contract language. All solicitations and all new, renewed, extended, and/or amended contracts shall contain language which: A. Requires any Contractor to keep County Property Taxes out of Default status at all times during the term of an awarded contract; B. Provides that the failure of the Contractor to comply with the provisions in this chapter may prevent the Contractor from being awarded a new contract and C. Provides that the failure of the Contractor to comply with the provisions in this chapter may constitute a material breach of an existing contract, and failure to cure the breach within 10 days of notice by the County by paying the outstanding County Property Tax or making payments in a manner agreed to and approved by the Treasurer -Tax Collector, may subject the contract to suspension and/or termination. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Administration and compliance certification. A. The Treasurer -Tax Collector shall be responsible for the administration of this chapter. The Treasurer -Tax Collector shall, with the assistance of the Chief Executive Officer, Director of Internal Services, and County Counsel, issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other departments. B. Contractor shall be required to certify, at the time of submitting any bid or proposal to the County, or entering into any new contract, or renewal, extension or amendment of an existing contract with the County, that it is in EXHIBIT E compliance with this chapter is not in Default on any County Property Taxes or is current in payments due under any approved payment arrangement (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Exclusions/Exemptions. A. This chapter shall not apply to the following contracts: Chief Executive Office delegated authority agreements under $50,000; 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; 3. A purchase made through a state or federal contract; 4. A contract where state or federal monies are used to fund service related programs, including but not limited to voucher programs, foster care, or other social programs that provide immediate direct assistance; 5. Purchase orders under a master agreement, where the Contractor was certified at the time the master agreement was entered into and at any subsequent renewal, extension and/or amendment to the master agreement 6. Purchase orders issued by Intemal Services Department under $100,000 that is not the result of a competitive bidding process. 7. Program agreements that utilize Board of Supervisors' discretionary funds; 8. National contracts established for the purchase of equipment and supplies for and by the National Association of Counties, U.S. Communities Government Purchasing Alliance, or any similar related group purchasing organization; 9. A monopoly purchase that is exclusive and proprietary to a speck manufacturer, distributor, reseller, and must match and inter -member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles Purchasing Policy and Procedures Manual, section P-3700 or a successor provision; 10. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, section 4.6.0 or a successor provision; 11. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section P-2810 or a successor EXHIBIT E provision; 12. A non -agreement purchase worth a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section A-0300 or a successor provision; or 13. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual section P-0900 or a successor provision; 14. Other contracts for mission critical goods and/or services where the Board of Supervisors determines that an exemption is justified. B. Other laws. This chapter shall not be interpreted or applied to any Contractor in a manner inconsistent with the laws of the United States or California. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.070 Enforcement and remedies. A. The information furnished by each Contractor certifying that it is in compliance with this chapter shall be under penalty of perjury. B. No Contractor shall willfully and knowingly make a false statement certifying compliance with this chapter for the purpose of obtaining or retaining a County contract. C. For Contractors violation of any provision of this chapter, the County department head responsible for administering the contract may do one or more of the following: Recommend to the Board of Supervisors the termination of the contract; and/or, Pursuant to chapter 2.202, seek the debarment of the contractor; and/or, 3. Recommend to the Board of Supervisors that an exemption is justified pursuant to Section 2.206.060.A.14 of this chapter or payment deferral as provided pursuant to the California Revenue and Taxation Code. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.080 Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. No. 2009-0026 § 1 (part), 2009.) P:\,WbCONTRACT\EC. SWTH WHITTIER SHUTTLE\201 MRF`WXh"EDefault Tmce 90 Department of the Treasury rat Internal Revenue Service Notice 1015 (Rev. December 2011) Have You Told Your Employees About the Earned Income Credit (EIC)? What Is the EIC? The EIC is a refundable tax credit for certain workers. Which Employees Must I Notify About the EIC? You must notify each employee who worked for you at any time during the year and from whom you did not withhold income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W-4, Employee's Withholding Allowance Certificate. Note. You are encouraged to notify each employee whose wages for 2011 are less than $49,078 that he or she may be eligible for the EIC. How and When Must I Notify My Employees? You must give the employee one of the following: • The IRS Form W-2, Wage and Tax Statement, which has the required information about the EIC on the back of Copy B. • A substitute Form W-2 with the same EIC information on the back of the employee's copy that is on Copy B of the IRS Form W-2. • Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC). • Your written statement with the same wording as Notice 797. If you are required to give Form W-2 and do so on time, no further notice is necessary if the Form W-2 has the required information about the EIC on the back of the employee's copy. If a substitute Form W-2 is given on time but does not have the required information, you must notify the employee within 1 week of the date the substitute Form W-2 is given. If Form W-2 is required but is not given on time, you must give the employee Notice 797 or your written statement by the date Form W-2 is required to be given. If Foran W-2 is not required, you must notify the employee by February 7, 2012. 91 EXHIBIT F You must hand the notice directly to the employee or send it by first-class mail to the employee's last known address. You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mail. However, you may want to post the notice to help inform all employees of the EIC. You can get copies of the notice from IRS.gov or by calling 1-800-829-3676. How Will My Employees Know It They Can Claim the EIC? The basic requirements are covered in Notice 797. For more detailed information, the employee needs to see Pub. 596, Earned Income Credit (EIC), or the instructions for Form 1040, 1040A, or 1040EZ. How Do My Employees Claim the EIC? Eligible employees claim the EIC on their 2011 tax return. Even employees who have no tax withheld from their pay or owe no tax can claim the EIC and get a refund, but they must file a tax return to do so. For example, if an employee has no tax withheld in 2011 and owes no lax but is eligible for a credit of S829, he or she must file a 2011 tax return to get the S829 refund. Can My Employees Get Advance EIC Payments? After 2010, your employees can no longer gel advance payments of the credit in their pay during the year as they could in 2010 and earlier years, because the law changed. However, if they are eligible, they will still be able to claim the credit on their tax return. Foran W-5, Eared Income Credit Advance Payment Certificate, is no longer in use. Name 1015 (Rev. 122011) W. No. 205991 rt� �v sSrzf; "at uviy !iopita: or lire surtin:i in I.ns :inpeles C'attnty Ni shame. No lyial i. Nii n frracs, In us Ntgeies Cmity. 1=877 -MY SAR = 1.671.222-5723 Now does It work? A dist, u d parsnt who is unabk or unwilling m cue for s baby an kptly; ,mfiJeodAyr, .1 safely syssrndrr x bsby wWR thnv 11371 (72 6ovn) 4 birds. Ti. h.ly moss M• hwwi-d to .n employ. a a hospital or fisc MOOR in Los Angeles County. As long es the 6+6y shawl no.i rof.W. urn,glcu, on mine or uric, urfonsem.n 6 "Uir-& in caw dm parent e62ngs hit or hor mi,d ar a laces dim and wants the bAy back anlF wig use brxden m halp ro,ro s thsm w n,h nhc. One. brooch will be IJ..J ua rhe baby. n,J a muahbg Mr«In wig I. given to de paKm w abcr aura j,,iug dok. What if a parent wants the baby back? fhrcnt+.6 A,ngc their mind, an hgin she pn,.,o of,rJ+irni. nhnr' MAy w;Ai. 14 J.P. 1 6 Pimm, slomld m1l Ac In, Apickc C sung Vcputmmt of Child" and family Semoes a 1.000-5444000. Can only a parent bring in file baby? Ko, IXh4c in rows caul a Pm will bring io ska h.hy, the I�w ulimv. Hahn plvpk to lying io the Inby if tMy hs. 6w6,1 rusmdy. Does the parent or surrendering adult have to call before bridging In the baby? No. A yu.c.s, o, wrn�d.»ng aJuk un lying in, hahyaT6...s, N henna a dsy, 7 days a week, as long s, de parent os wnendcong adsh surrenders she baby su som .. wins w,srk, at ,he 6uryitri us Gn nation. EXHIBIT G Does the parent of surrendering adult have to teti anything to the people taking the baby? hlo_ 16swe.r,hoy,icaleofim Hain, persm,ncl will ink the aurmndcdng l" w rill our a 9.Tionnaire desigmd to gashes irspu m mediaJ hinny ir[ ,m.uon, w6K6 r..e y 1,sefd in caring Gn dw luhr. The.y,en6mniie i,wlu.kw . ,v,mlwd snu,n encamps aid an 6e sen, in a a furs d.. What happens to the baby? The b hy. will bano,mi� d and pjrn nwJiwl anamcnt Vlnn rcwk, fins. she hospi A social wodwnr msmed'uwily place the baby is a safe .d Iwint 6osnc aid bcp,, n rhe dlptsun pmau. What happens to the parent or surrendering adult? Anoc The lun:m or asmrvkd.s adult Nnrrderr the baby ro hospital or lire nation pc,000d. dtey mry, kavr a, any nine. Why is California doing this? The purpose ,17,4 SJOy, Surnade d I61,y taw I, no pm:.s babsa fns. M4ngJa,doncd, hurt or Md by dwrr pares You may b3,e heard nagic corset of bables left us dumpcerr or public balkruum,. Tbrir panenss may h..e Men'.6 ac,ere cmuiimnl diri. Ill. mmhem may haw hidd:n dsci, iwtp,ancim. fc-utul awlon would 6ppo, if tlwdr Families found nun tkmtase they were afisid Ind had on on, or rem i cm w mm for help. die. .[.v,duned,6.is 66;o, Ab.mk.Anga 616Y n ilW sod b4aces: she hd.y in easnmc dang3" T•ws pawn. it ruulu in the 1,.b)A d. -0th. 'M, S..fdy S.vm,k,ed BAA Law pxerm. ihi, ovgody F. avec halgvning Serio .n C:Af—s> A; babys ,stogy res easy in she xuroiis: nos 1put 9 1005.. 6 Aky ha6y Iny win aril? wnrn&rod so moans., H. Fui•. u$ 1 t;(IA ldaiisd ('c.sra.' T6n wtr,sw, wlip b,awalit the I?Jiy su ds: boy,5d idastined hersr4Fiv the hdiy.'3on5 .. .;tj`• utd anted rh4h.*y� sdddsn had a6vS her m bring rhe'Bahym the hospsd nn ler hhalF. IM aokr ui, gh en a btaalm with anumber =iihusy,,rise =W pulsed on dfd baby: diis on std prmtide aoane idenuhmuon in the O'erg the .... msrt6es si+eged her mind v6oui mnnmkei>ag n6e bvby.u,d w661 in minim s6 baby in the lLJar peritd aauvml by, the,: ' _.. Law. TM cum w.. 11w'paovideJ ivh6 • irslib[yra'usiutimim,nJ nil ,le wwW haw: the mat6ea wospiese and ina7 63111 in da:.oprindrtuinrminlw prowdd. The MJiy aai:w6lnind iymafnal mnmJ pmirnvnsdlWnkhy ui1�"Flit-►nn:..l k ars placed - wide•Imine 6,nay Our htd been.ppmwd an ddogn N. by die lkraronent orChsldmo and 93 Entrega de Bebes Sl n Peligro L 1 i't1`. '. '. YC: s 3. l.ns n;cic!'r, nacidns pueden ser entrrxad vs en fbrma segm-a al perwnt;/ 4: r dr cualquier bospiraI n cuartel de bor beros &I Cordrado do Los,4ngeles Sinpet,a''5in:culpa.-Si6notnhrea. Fn e( fnnoda ck Los Angetes7 t-8Ti-BASS SAFI, 8'77 2Z2-9723 •+gym m1°m Cii, d e.➢ 'Sc 59 EEii` g8 — fii _ �r � v � � ra � �• 0 !L � ^nom E$°g84� Fis�2�E �a.BF •a�tiY n" s>7i g°u.y B.iy G §5 v` �Y:�� •o��,�,=3 a'��'�Ya�"3-P d�11 .0=_2 x g 6 `Q�E$i 6 �•�9a•"53 ���FsY x �o�,L� o�]�S?a � `+ 3.24 v= c a .72 m a ➢ d �°� a a E.➢ a4A `���'� S� 5 �� �iY� F-9 r1�1 .i3 j'r6.i �3ar�•e NaL �3i'� �dA�. :s. �� EXHIBIT H BOND FOR FAITHFUL PERFORMANCE Annually Renewable Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: That ('Principal') and ("Surety"), are held and firmly bound unto the COUNTY OF LOS ANGELES, State of California ("Obligee"), in the penal sum of dollars for the payment of which sum, the Principal and Surety bind themselves, and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee entitled (Title) (the "Franchise Agreement') for the performance of the terms, conditions, covenant and obligations and services set forth in the Franchise Agreement, including but not limited to providing Franchise services in bins or dumpsters and roll -off boxes in the unincorporated areas of Los Angeles County and payment of the applicable franchise fee; and payment of any liquidated damages assessed pursuant to the Franchise Agreement; and WHEREAS, the Franchise Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein; NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every covenant and obligation in the Franchise Agreement at the time and in the manner specked in the Franchise Agreement during the term of this bond, and shall reimburse the Obligee for all loss and damage which the Obligee may sustain by reason of failure or default on the part of the Principal, then this obligation shall be void, otherwise it shall remain in full force and effect. PROVIDED, however that this bond is subject to the following conditions and provisions 1. This bond is for the term beginning and ending 2. In the event of default by the Principal in the performance of the Franchise Agreement during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to damages as described in Section 15 of the Franchise Agreement. The Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Obligee as soon as practicable after the amount is determined, and tender payments to the Obligee to secure substitute services, remedy damages incurred, and ensure satisfaction of all performance obligations as set forth in Section 15 of the Franchise Agreement and only for the purpose of enforcing such Franchise Agreement obligations as they pertain to this bond. 3. Except for a claim for compensatory damages as defined in Section 17, DA of the Franchise Agreement, no claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless it be brought or instituted and process served upon the Surety within two years after the expiration of the stated terms of this bond. 4. Neither non -renewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of non -renewal, shall itself constitute loss by the Obligee recoverable under this bond, notwithstanding any language in the Franchise Agreement to the contrary. 5. The bond may be extended for additional one-year terms at the option of the Surety, by Continuation Certificate executed by the Surety. Every extension must provide for continuing liability in the above amount notwithstanding any payment or recovery thereon. 6. The liability of the Surety under this bond and all Continuation Certificates shall not be cumulative and under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee and this bond cannot be assigned to any other party without the written consent of the Surety. 8. Other than the Surety's right to renew this bond to extend its termination date, the Surety stipulates and agrees that any change, extension of time, alteration or addition to the terms of the Contract, including alterations in the work to be done, or increase or decrease of the material to be furnished, shall not in any M EXHIBIT H way release either the Principal or Surety, and Surety hereby waives notice of any such change, extension of time, alteration or addition. 9. In the event that suit is brought against this bond, the Surety will pay, in addition to the penal sum herein, costs and reasonable expenses and fees, including reasonable attorneys fees, as awarded and fixed by the court. Signed and sealed this day of Principal Surety BY: (Seal) BY: _ Name and Title BY: Name and Title APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel BY: Attorney-in-fact 97 1 EXHIBIT I -FRANCHISEE DOCUMENTATION (PAGE 98 — xxx) Will be entered after receipt of bond and Insurance 1. Form PW -1 Verification of Proposal 2. Form PW -3 Conflict of Interest Certification 3. Form PW -5 Proposer's Equal Employment Opportunity Certification 4. Form PW -6 List of Subcontractors 5. Form PW -8 GAIN and GROW Employment Commitment 6. Form PW -10 Charitable Contributions Certifications 7. Form PW -13 Defaulted Property Tax 8. Form PW -14 Recycling and Waste Diversion Plan 9. Form PW -15 Subscription Order Template 10. Form PW -16 Unpermitted Waste Screening Protocol 11. Form PW -17 Personnel Contact List 12. Form PW -18 Solid Waste Facilities 13. Form PW -19 Service Area Checklist 14. Form PW -20 Vehicle Information 15. Waste Collectors Permit 16. Insurance Accord 17. Performance Bond M. FORM PW -1 (AZUSA) VERIFICATION OF PROPOSAL DATE: February 6, 2012 1 THE UNDERSIGNED HEREBY DECLARES AS FOLLOWS: 1. THS DECLARATION IS GIVEN IN SUPPORT OF A PROPOSAL FOR A CONTRACT WITH THE COUNTY OF LOS ANGELES 2- NAME OF SERVICE: Bunte Waste InQuaMes, Inc— DECLARANT INFORMATION 3. NAME OF DECLARANT: Cole Burt 4. 1 AM DULY VESTED WITH THE AUn4ORRY TO MAKE AND SIGN INSTRUMENTS FOR AND ON BEHALF OF THE PROPOSER(S): S. MYTTRE,CAPACITY. ORRELATIONSHIPTOTHEPROPOSER( IS president PRDPOSFR INFORMATION. 8. Pmpgwes NI nems: ewlacwuto ln&Wil , trha. T ane No.; 325-9417 Address: 1017 w. Gledsbre St, Aaaa, CA 91702 Foam, (626) 93 2-1 518 En99: mhnQbuatmvom I Coux1lyWGbVwNo:515DS5= I 9LYNc:95.3398812 9aaiew LICense No.: WA 7. Pmpowes P. tib A busses n s or dbe(s) t . WA ciounty(s)ofReglstralMr. WA Stab: ITA V s becalm,& DeA: IA 5. The Proposees form of business en is CHECK ONLY ONE ❑ Ste proprIefor Nems d proprietor M Acurpuredah: tlon's 'rrlpal of bstness: 8890 Ave. Fontana, CA 92335 Stsb d Inaapare5on: Ce®ania Year 4rew wabd: 1978 ❑ Nan -profit corporation oertW under IRS 50103 and registered with the CA Allomry Generate Registry of Chemeble Trusts PrecidarNCEO: Secretary: ❑ Ageremal paMersN : Names d ❑ Allotted M*: hiveneofuerseralparuw ❑ Ajdrdvenbinsot NmroedjoidVenbree: ❑ Alimited lability comm. Name o(manalft member. 9. The or Bme, Mere lw! In tits proposal w pdrdpais areta fdioWrhg: Nams(e CCBBhrr TWO president Phone (909 42&4200 Fax 909)4$4290 Street 9890 Owry Ave City Fortune Stab CA 9935 Name(s) Ridwd N9b Tae DtrachV. Muhld 9arvices Phone 909 4294200 Fax (909)47.9-4290 Soael 8880 Cherry Ave City Fontana Slate CA Zip 92335 10. Isyour 8mm wholly or majority wmed by, or a sutaidary or anotw Wm? ❑No M Yes I(yes.nameolparodtam: Baltic Waste Croup, Inc. Slab of bmporedodregistration of paint fin: California Corparetion 11. Hae you firm done buakwas under ami otKr nene(s) wMIn to last the years? ® No ❑ Yes If yes, pease ad the doer nama(s): Nsma(%} Yeard name change: Nauss,: Yeardneme e: 12 is you Tmn Involved in any pendbg ac4ds8lon or merger? f No ❑ Yes if yes, Mdcate the aaw"ed oump snamw 13. Proposer acknowledges tat 8 any false, mLdaacling, Incoopiab. or decepWay unresponsive stalwarts in cwshec8on with We proposal an made, the Proposal may be rejected. The evahodon and determtratIon in this area shat be at the Olrsdors ads Judgment and the Dins ds prdgmmm shall be final. 14. CHECK ONE ® (a) I am maHrg Ihes,& mpresendetnn and a5 mpmaadaton conbined In this proposal on my personal knowledge: OR ❑ (b) I am maldng V ese r and ae presewiUd" conbdned In ads proposal based an Womnaton and belief tal they eretrue I dedae under perafty of under the laws ave and carred. SI nave of Proposer or Auft iud Agent Data; February e, 2012 Type nonce and Vdw Cole Bur, President Co nWfor oft,,psAngeles® BURRTEC C m mercial Servioas 'IY W Take Cara offt. Nm* VERIFICATION OF PROPOSAL FORM PW -1 (POMONA) DATE: February 6, 2012 1 THE UNDERSIGNED HEREBY DECLARES AS FOLLOWS: 1. THIS DECLARATION IS GIVEN IN SUPPORT OF A PROPOSAL FOR A CONTRACT WITH THE COUNTY OF LOS ANGELES 2. NAME OF SERVICE: Bwtac West, Industries, 1, DECLARANT INFORMATION 3. NAME OF DECLARANT: Cob BUR 4. (AM DULY VESTED WITH THE AUTHORITY TO AIAKEAND SIGN INSTRUMENTS FORMA ON BEHALF OF THE PRO S): S. MY TITLF,CAPACITY, DR RELATIONSHIP TO THE PRCPO SIS: PrekW PROPOSER DWORMAT"L 8. s NM 109W name: Burro¢ Waste Indusbles, Inc. Telephone No_) 6261353 Add,ess: 1250 E. Hoe BML Pamorra. CA 91797 I Fox No.: )6204141 Emelt mm Cm WebVan No.: 61608802 IRS No.:953799672 Businep Uatras No.: WA 7. Proposers BWIam business none(s) a e N : WA Cm a of ebafon: WA Stab: WA Y s bemnp DSA: WA 8. The Proposers form of business OnSY le (CHECK ONLY ONE)., ❑ Sole Proprietor Name of sbr. ® Amrpotesan: CaparsS4s'e pdndpet pbm otbminea..z92135 Suit of Incorporation: Cab miaar :1976 ❑ Na n-Wo9t corpaetlon mrWled under IRS 50103 and Pradd re91s1ared will, Ion CA Attomey General's Re9lstry of Charitable TnxtB ❑ A enaral Nam sof ❑ A "led partnwd* Name of raf p❑ A 1vMWra oh Names of I ve ❑ A 9stled mmpW. Name of mann marMer 9. The only persona a Arms Interested h Ids FTPOsal as prIncipalsare the fubwea Name(s) Cala S= Tas President Phorn 4294200 Fsx (BOB) 4291290 9BO Strsat9C Ave Forearm Siete G Zip 92335 Names) Rldmmd Nab TAO Director. Municipal Sessions Phone 809 429-4200 Fax 42D-4290 Street 9890 Chary Ave Cly Farxarm Sute CA Fax a) 92335 10. Is your Arm whdly m m*ft owned by, Ora subsidiary of sro0ner Arm7 ❑ No M Yes If yon, name of patine 8nrx &arbc Waste Mmp, Inc. State WlnmrporalbrVregtaoation ofponent Am: California ra9cn 11. Has your Aum done business Uadx any Other name(s) within the Ism Ave years? 14 No ❑Yes 8 yes. Weave list Ire 000 nems(,} Neme(s}. Ywrof name dmnge: t are(&); Year of name dnage: 12 O your Ibn nv Ned In erry Pendkg aWUL49M or rrmer9.7 ®No ❑ Yes If yes, Indlmle lire associated mnyeny's name: 13. Proposer admowisOgas Na[ 8 any latae, misleading. Inmvpara, or deceptIvely mrwpendV9 sbtaneMe In mnrw3an wXh this Proposal are node, me pWocal m,y be ryscb0. The evaluation and dalamimlbn in Ids see shag be at Am DIwWs sdejudgmere and Ina arecbre 0"mem shall be enol. 14. CHECK ONE ® (a)1 am making rasa rOPraSentetbn and 89 repnesemason mnlslned In Ws proporal on lay par -0 b_Ma0ga; OR ❑ (b) I am making thaw reprolso and ,s mpresentaeons contafned In Ura proposal based On InfOmmAon and bolbf than May are true. I declare uWer of P2521 uwkr to IRAW5ftA sue and mrract Signature of Proposer or Aulpda9d Dale: FeNuary 6.2012 Type nems and 1Poe: Cob Bur. RmMent Proposal for County of Los Commercial Sayss 15 im®BURRTEC IPe'11 Tate Carr Of9- 100 FORM PW -1 (SANTA CLARITA) VERIFICATION OF PROPOSAL DATE: February 6, 2012 ITHE UNDERSIGNED HEREBY DECLARES AS FOLLOWS: I. THIS DECLARATION IS GIVEN IN SUPPORT OF A PROPOSAL FOR A CONTRACT WITH THE COUNTY OF LOS ANGELES 2. NAME OF SERVICE Bwrka Wella 111*1914 ,Ino. DECLARANT INFORMATION 3. NAME OF DECLARANT: Cole Bun 4. IAM DTAY VESTED WITH THEAUMORITY TO MAKE AND SIGN INSTRUMENTS FOR AND ON BEHALF OF THE PROPOSMSY 5. MY TITIE,CAPACITY, OR RELATIONSHIPTO THE PROPOSERIS) IS: President PROPOSER CIFORMATIOIL S. a fue bBal nawe ewdw Wade bcsAm". no. 7deplane No.: 681 222-2249 Ad6es 2WW SpM9bauk Ave, Ste 101, Sale Cladts, CA 91350 Fes No.: 681 222-7878 Emit. mboQWMwoon WebVw No= 51506602 1 RS No.: 953396612 &ndnas Lianas No.: WA 7. P es11d0asbWnesara s a s) WA Can a of : WA titeb: WA Y s beannr DM WA S. The Purpose's form of Isahaa adi u (CHECK ONLY ONE); 13$01e prep IVIN Name d 0 Aoorpaa6om : 9Am Felons, CA 92335 Corpom6ofbusness680 ns fide o/an'a : CaHomla Yeahoorporaled: 1976 ❑ Nor pro& oaporalbn antlbed ands IRS 50103 and Pecldad'CEO: reosbred wVl the CA Anon" Gerereh Ro&" of Ctmdlmoe Trusts ❑ ADererd Nmlred partnartr ❑ A Onriud patnasNp: Named nerd pahar: ❑ A ohlvenbroof Nemmof Mvenfiaes: ❑ AYndhd liablifty ooffyoWNamed member. 9. Thrionlypertmaxnawfirminbrastad In thle a princWla are rhe blowing: Naar Cob Bur I Rana 4294200 Fax 909 42&4290 Seed 8880 Cheng Ave City Ferias Stet CA 92335 Nema(a) Fbdwd Nino TPoe Dhacbr, Mulldpd Sellas Prone 4284200 Far {909 4284290 Shad SM Cherry I City Funtaa Some, CA Zip 92335 W. Is your firm Whofly or majority owned by, or a wbsiday of ander firm? ❑ No 0 Ya If yes, name of parent firm eurlac Waco Group. lr . State of hoorpoadWre9iseatbn of parent firm Califorraa Corporation 11. Has your firm done busineca under any aha mnw(s) within tho last 9ve yeas? 19 No ❑ Yea IF yea, pease pat the other natne(c): Nase(s): Year d name fianpe: Name(a • Year of namednage: 17 Is Yws Mm kwdmd n ary Pendhp acwdellbn or maven ®No ❑ Yes I yes, Innate Use associated cwnpaTyv name 13. Proposer admoMod9a that I wY fake, MdeackV, hamnplea, or da Wdraty unrespa " selamenb In connection with tltia pwposd aemeda, rhe proposalnay be rusted. The walue0on and ddern*mfion In this sea shall beat the Dbeciora solsf rdipnem and the a' nerd ah80 be fad. 14. CHECK ONE m (a) I an mdorg thea representetbn and all representation conned In rias proposal on my personal MMVAdga: OR ❑ (b)1 an vralbn9 Dasa mas a0 senbdas conned n Otis pnpn®1 basad on WomaBa and belief start t saha true I declare under perelty of par) aids stn woes a and oaract sipsbaeoi mAnhodmd Agent' Dale: Fabnwy 6, 2012 7 name and 68a Cole Sort. Pmsbent County County offLoa Angeka A ® BURRTEC L Oommercal SeMces IVlfr Tab Car Of lr" 101 POMONA FACILITY P°�"� Co ■ ® BURRTEC County of Los Angeles Commercial Services We'lf T¢!a Carc Of 102 AZUSA FACILITY Proposalfor CountyofLos nlmsngal® BURRTEC Commercyl Services 103 IYdr( rake Carr OJfN SANTA CLARITA FACILITY Proposal for 1 County of Los Angeles ® BURRTEC Commercial Services We'll Take Care Of rt" 104 IisTd'1X:d1 CONFLICT OF INTEREST CERTIFICATION ❑ sole owner ❑ general partner ❑ managing member ® President, Secretary or other proper tide Of Bunter Waste Industries Inc. Name of proposer make this certification In support of a proposal for a contract with the County of Los Angeles for services within the scope of Los Angeles County Code Section 2.180.010, which provides as follows: Contracts Prohiblted. A. Notwithstanding any other section of this code, the county shall not contract with, and shall reject any bid or proposal submitted by, the persons or entities specified below, unless the board of supervisors finds that special circumstances exist which justify the approval of such contract. 1. Employees of the county or of public agendas for which the board of supervisors Is the governing body; 2, Profitmaking firms or businesses in which employees described in subdivision 1 of subsection A serve as of mrs, prindpais, partners, or major shareholders; 3. Persons who, within the Immediately preceding 12 months, came within the provisions of subdivision 1 of subsection A, and who: (a) Were employed in positions of substantial responsibility in the area of service to be performed by the contract or (b) Participated In any way In developing the contract of its sorvfce specifications; and 4. Profit-making firms or businesses In which the former employees described In subdivision 3 of subsection A, serve as officers, principals, partners, or major shareholders. I hereby certify I am Informed and betiave that personnel who developed andfor participated in the preparation of this contract do not fall within scope of Code Section 2.180.010 as cited above. Furthermore, that no County employee whose position In the County enables hhndher to influence the award of this contract, or any competing contract, and no spouse or economic dependent of such employee is or shall be employed In any capacity by the Contractor herein, or has or shall have any direct or Ind lred financial inters this contract. I understand and agree that any falsification In this Certificate will be gourds for? this Propgsal and cancellation of any contract awarded pursuant to this Proposal. � I certify under p6n1fygp6 6ryX?d0r the IaSvs os Caljfomla that the foregoing is true and correct Signed Date February 6, 2012 Proposal County of Los Ani BURRTEC Commercial Services ® aWe'U Tape Care o/Ir" 105 FORM PW -5 PROPOSEWS EQUAL EMPLOYMENT OPPORTUNliTY CERTIFICATION 92335 In accordance with Los Angeles County Code Section 4.32.010, the Proposer certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by the fine without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti -discrimination laws of the United States of America and the State of California. t. The proposer has a written policy statement prohibiting any discrimination ® YES In all phases of employment. ❑ NO 2. The proposer periodically conducts a self-analysis or utilization analysis ® YES of its work force. ❑ NO 3. The proposer has a system for determining if its employment practices ® YES are disaiminatory against protected groups. ❑ NO 4. Where problem areas are Identified in employment practices, the ® YES proposer has a system for taking reasonable corrective action to Include ❑ NO establishment of goals and timetables. ery Lm �ere� 28 ® BURRTEC Co erdai Ser/lces '7Ye'O Tate Care Of It' 106 GAIN AND GROW EMPLOYMENT COMMITMENT The undersigned: FORM PW -8 ❑ has hired participants from the County's Department of Social Services' Greater Avenue for Independence (GAIN) and/or General Relief Opportunity for Work (GROW) employment programs. M ® declares a willingness to consider GAIN and GROW participants for any future employment opening if participant(s) meet the minimum qualifications for that opening, and declares a willingness to provide employed GAIN and GROW participants access to proposer's employee mentoring program(s), if available, to assist those individuals in obtaining penny�t employment andlor promotional opportunities. 717? Signatu OF Tide President Firm Name Date Buntec Waste Industries. Inc. February 0, 2012 PfeOowfor s1 County ® BURRTEC Angeles Servi Cowe'll r k. co., o!n^ mmercFal ces 107 FORM PW -10 CHARITABLE CONTRIBUTIONS CERTIFICATION Burrtec Waste Industries, Inc. Company Name 9690 Cherry Ave, Fontana, CA 92335_ Address 95-3396612 Internal Revenue Service Employer Identification Number WA California Registry of Charitable Trusts 'CT' number (if applicable) The Nonprofit Integrity Act (SB 1262, Chapter 919) added requirements to California's Supervision of Trustees and Fundralsers for Charitable Purposes Act, which regulates those receiving and raising charitable contributions. CERTIFICATION Proposer or Contractor has examined its activities and determined that it does not now receive or raise charitable contributions regulated under California's Supervision or Trustees and Fundraisers for Charitable Purposes Act. If Proposer engages in activities subjecting It to those laws during the term of a County contract, it will timely comply Wth them and provide County a ropy of the initial registration with the California State Attorney General's Registry of Charitable Trusts when filed. OR Proposer or Contractor is registered with the California Registry of Charitable Trusts under the CT number listed above and is in compliance with its registration and reporting requirements under California law. Attached is a copy of its most recent filing with the Registryof Charitft Trusts as required by Title 11 Califomia Code of Regulations, 300J0 nd Govemment Code sections 12585- 12566. YES NO ( X ) ( ) February 6, 2012 Signature Date Cole Burr, President Name and Title (please type or print) Proposal `U er 33 BURRTEC co my or Us yam: commercial Sarvlcq -waa rate core ofrr^ 10B FORM PW -13 CERTIFICATION OF COMPLIANCE WITH THE COUNTY S DEFAULTED PROPERTY TAX REDUCTION PROGRAM The Proposer certifies that: ® It Is familiar with the terms of the County of Los Angeles Defaulted Property Tax Reduction Program, Los Angeles County Code Chapter 2.206; AND To the best of its knowledge, after a reasonable Inquiry, the Proposer/Bidder/Contractor Is not in default, as that term is defined in Los Angeles County Code Sedan 2.2D6.020.E, on any Los Angeles County property tax obligation; AND The ProposerBidder/Contractor agrees to comply with the County's Defaulted Property Tax Reduction Program during the term of any awarded contract. -OR- I am exempt from the County of Los Angeles Defaulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206.060, for the following reason: 1 declare underpenalty qury under the laws of the State of California that the information stated ab f e arrect. Print Name: Title: President Signature: C� ` c ` &xWGJ Date: February 6, 2012 PCo *W or LMk906s 50® BURRTEC Commemlal Services `rve'A rare cera OfW 109 FORM PW -14 (AZUSA) RECYCLING AND WASTE DIVERSION PLAN One of the primary reasons the County is entered into the non-exclusive commercial franchise agreements is to increase commercial and mufti -family recycling and to assist the county in its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Divemlon Plan to be considered responsible. An Incomplete or unapproved Recycling and Waste Diversion Plan may be rause for disqualification of proposal. Attach additional sheets if necessary. General Company Information Company Name: Burdec Waste Industries Inc. Contact Person Representing Company: Richard NIIID Title: _Director Municipal Services Phone Number. (909)429-4200 E-mail Address: rninoftburrteo.com Type of collection services that will be provided (check all that apply) ® Commercial waste collection ® Industrial waste collection IM Mufti -family waste collection ® Construction and Demolition waste collection ® Roll -Off Services I@ Other waste collection (please specify): Baled material recycling buy-back Program Details 1. Do you plan on transporting your commercial solid waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Facility (MRF) andfor transfer/processing facility? Yes ® No O if yes, how much of your CUA waste will you transport to a MRF? Percentage 50-75°h Please provide name(s) of Material Recovery Facility and recovery rate(s). A) Allan Company MRF Recovery Rate 60-60°/ B) Puente Hills MRF MRF Recovery Rate 25-60% 2. Do you currently provide separate collection services for the following? (check an that apply) ® Recyclable materials ® Green Waste ® Manure IM Food Waste ® Bulky items ® Universal Waste ® Electronic Waste © Other Sharp (dmp off service) Christmas trees tires Proposai County s1 ® BURRTEC County of Los Angeles Commercial Services-IVe'/l rake Cart Of fl" 110 PW -14 (Azusa) - Continued 3. Please complete the form below and provide detalls on all the recycling efforts, programs and procedures your plan to implement (check all that appy). Attach additional sheets If necessary. If you provide ROLL- OFF SERVICE exl;f elv please complete items D and E only in this section. A: Site Visit and Audit You must visit all customers, evaluate whether their existing levels of refuse and recycling service is appropriate, and promote and Implement recycling services whether or not customers am subject to mandatory commercial recycling requirements under state law. (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people will conduct site visits: ® existing staff within our company (recycling coordinator) ❑ a subcontractor ❑ other. You will schedule site visits in the following manner. m telephone I@ direct mail ® in person ® other: e-mail ❑ Other information you would like to add: B: Types of recycling containers and sizes offered ❑ One cubic yard bin (sea below) lK four cubic yard bin IZI 32/35 gallon recycling cart ® One and a half cubic yard bin ❑ Five cubic yard bin ® 64/65 gallon recycling cart © Two cubic yard bin IK Six cubic yard bin ® 94/95 gallon recycling cart © Three cubic yard bin ❑ Seven or more cubic yard bin ® Other 10, 20 & 40 yd roll- off and compactors ® Food waste container (Indicate types and sizes offered) 32,64, 95 gallon barrels/1.5 and 3 yard bins © Manure container (Indicate types and sizes offered) 32, 64.95 gallon barrels/1.5 and 3 Yard bins •Burriec will prcvide 1.5 cubic yard bin to all mandatory recycling customers in lieu of the 1 cubic yard bin C: Recycling container contamination procedures ❑ 1-9% ® 20-29% ® 40-49% ❑ 10-19% ® 30.39% ® 50% or more Contamination observed — First occurrence ❑ container collected with no follow-up action © container collected and notified customer with a warning ❑ container not collected and tagged with norrc011ed'an notice ❑ other. Proposal for County rc Los e 52 trvServices® BURRTEC Commercial Ydrl Take Care Of it' 111 PW -14 (Azusa) - Continued Contamination observed—Second occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with nor- ollection notice ® container rat collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer charged for pick-up ❑ container collected, customer charged for pick-up and recycling container removed ❑ other. Contamination observed — Third occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer charged for pick-up ® container collected, customer charged for pick-up and recycling container removed ❑ other. ® We will notify the County If we remove any recycling container from a customer due to excessive contamination, upon requesL D: Required recycling efforts © We understand and acknowledge that under the commercial franchise we must use our best efforts to implement measures intended to achieve source reduction, recycling and waste diversion goals for solid waste we collect. ® We understand and acknowledge that under the commercial franchise we must use our best efforts to divert bulky items, electronic waste, CEDs, manure and construction and demolition debris from disposal. E: Irderjurisdictional routes (incorporated and unincorporated areas) allocation methodology How do you verify a service address to determine if the origin falls within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin determinations we made for each customer by ❑ our office staff manually searches customers' address using mapping software or Thomas guide ® we enter each customer's service address Into a database, the fitter the data through an automated mapping software that separates unincorporated addresses from incorporated addresses ❑ other. How do you calculate the incorporatedlunincorporated percentage allocations? ® (1) add together the aggregate disposal / recycling capacity -service volume (yardslbins, gallons/carts) for all customers with service addresses in the unincorporated and Incorporated areas (2) multiple each jurisdiction's tonnage by standard, average weights per cubic yardlgallon (3) determine the percentage each jurisdictional tonnage comprises of the total route tonnage ❑ other. Proposal for 53 County of Los Angeles 0 BURRTEC C mmerdal Services 'We'll Take Care Of It" 112 PW -14 (Azusa) - ContInued 4. Tonnage and Diversion Rate Summery Table 7oW CdletYed Total Disposed Total Diverted Diven;lon Pato Current Year bre APAL9. twls 19,M tons 41 % NSA Year PrOacted JOAM Ions b" tone 50 % raa rortn ane ton a Table CartHkation "'a hereby cerO;d!g,-'n Recycling and Waste Diionde. 1 odity thb DNereion Plan at a later'a"Naofn Tde: Resident Signed Data: Februarv8 2012 ftPDSW for 54 cornmordal5 ® BURRTEC IPe11 rake Care Off,^ 113 DWOSAL FOR CUfWENT YFalt (EWnwNd Tme) OTE:FOR EVAniM CWNTY UNarCOPPORAT®AAEAS OK CATEGwiY flAME OF FACUTY OSED RESNENMI MULTFFAWLY CW. ROLLOFF TOTALS (Sin�F Fxniy ('>mara un3s eM2uJb a RE w Puente F9b Land81 23,953 849 814 2S 1e Stl 0 Camon LerHli 3239 4 3,243 PAPER am 4005 5 4,010 Puente HIAa MRF 0 PlA8nC5 �+ 222 1 223 Puede Hie MRF 0 GLASS Alan 873 1 814 Puente KU MRF 0 METALS Puente Has MRF 0 also Corrpmy 1 1 SA Rsqgbv 150 150 YARD WASTE Puerb Hills MRF - 13,479 12 35 13,526 Sch Cwym LargMl 2,173 2.173 West valey MRF 17 17 BULKY ITEMS FV ante Hae MRF g 32 31 lA1KTE GOODS Puente Hit MRF 0 MD Nu -Way 32 32 Pads Rd Grovel Pn 1B0 180 Puente Hik MRF 0 DOaTitoari Diversion 0 SHARPS Thamral Comb"don 9MVIDre hm. 0 FOOD WASTE Wett Valley Mrd 0 E -WASTE E-Regdxs 35 35 CartHkation "'a hereby cerO;d!g,-'n Recycling and Waste Diionde. 1 odity thb DNereion Plan at a later'a"Naofn Tde: Resident Signed Data: Februarv8 2012 ftPDSW for 54 cornmordal5 ® BURRTEC IPe11 rake Care Off,^ 113 FORM PW -14 (POMONA) RECYCLING AND WASTE DIVERSION PLAN One of the primary reasons the County is entered Into the nonexclusive commercial franchise agreements Is to Increase commercial and multi -family recycling and to assist the county in its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Diversion Plan to be considered responsible. An Incomplete or unapproved Recycling and Waste Diversion Plan may be cause for disqualification of proposal. Attach additional sheets if necessary. General Company Information Company Name: Buntec Waste Industries Inc. Contact Person Representing Company. Richard Nitta Title: Director Municipal Services Phone Number. (909)429-4200 E-mail Address: minoAburdec cora Type of collection services that Will be provided (check all that apply) © Commercial waste collection ® Industrial waste collection OO Multi -family waste collection ® Construction and Demolition waste collection ® Roll -Off Services ® Other waste collection (please specify): Baled materials racyding buy-back Program Details t. Do you plan on transporting your commercial solid waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Facility (MRF) and/or transfer/processing facility? Yes ® No ❑ if yes, how much of your CUA waste will you transport to a MRF? Percentage 50-755/6 Please provide name(s) of Material Recovery Facility and recovery rate(s). A) West Valley MRF MRF Recovery Rate 60-90%. B) Puente Hills MRF MRF Recovery Rate 25-60% 2. Do you currently provide separate collection services for the following? (check all that apply) IM Recyclable materials IXI Green Waste m Manure 181 Food Waste IM Bulky items 0 Universal Waste © Electronlo Waste Q Other Sharp (drop off sen4ce) Christmas trees tires Proposal for 55 Gaudy of Los Angeles 0 BURR TEC Commercial Services "Well Tate C¢re Of Ira" 114 PW -14 (Pomona) Continued 3. Please complete the form below and provide details on ail the recycling efforts, programs and procedures your plan to Implement (check all that apply). Attach additional sheets if necessary. if you provide ROLL- OFF SERVICE sxrlusively please comoleta items D and E only in this section. A: Site Visit and Audit You must visit all customers, evaluate whether their existing levels of refuse and recycling service Is appropriate, and promote and implement recycling services whether or not customers are subject to mandatory commercial recycling requirements under state law. (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people will conduct site visits: ® existing staff within our company (recycling coordinator) ❑ a subcontractor ❑ other. You will schedule site visits In the following manner ® telephone m direct mail ® in person ® other: email ❑ Other information you would like to add: B: Types of recycling containers and sizes offered ❑ One cubic yard bin (see below) 18 four cubic yard bin ® 32135 gallon recycling cart ® One and a half cubic yard bin ❑ Five cubic yard bin ® 64165 gallon recycling cart ® Two cubic yard bin I% Six cubic yard bin ® 94/95 gallon recycling cart ® Three cubic yard bin ❑ Seven or more cubic yard bin ® Other 10, 20 8 40 yd roll- off and compactors © Food waste container Qndicate types and sizes offered) 32, 64, 95 gallon barrels/1.5 and 3 yard bins IM Manure container (indicate types and sizes offered) 32.64 95 gallon barrels/1.5 and 3 yard bins 'Burrtec will provide 1.5 cubic yard bin to all mandatory recycling customers in lieu of the 1 cubic yard bin C: Recycling container contamination procedures ❑ 1-9% ® 20-29% ® 40-09% ❑ 10-190% IM 30-39% ® 50% or more Contaminaton observed — First occurrence ❑ contalner collected with no follow-up action ® container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ other. Proposal for 56 Commercial Servicess ® BURRTEC "We'll Take Care Off," 115 PW -14 (Pomona) Continued Contamination observed — Second occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with noncolledon notice ® container not collected, tagged and customer contacted in person or phone with second warning ❑ container cotlected and customer charged for pick-up ❑ container collected, customer charged for pickup and recycling container removed ❑ other. Contaminationobserved — Third occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer charged for pick-up ® container collected, customer charged for pick-up and recycling container removed ❑ other. m We will notify the County if we remove any recycling container from a customer due to excessive contamination, upon request. D: Required recycling efforts El We understand and acknowledge that under the commercial franchise we must use our best efforts to implement measures Intended to achieve source reduction, recycling and waste diversion goals for solid waste we collect. ® We understand and acknowledge that under the commercial franchise we must use our best efforts to divert bulky items, electronic waste, CEDs, manure and construction and demolition debris from disposal. E: Interjurisdictional routes (Incorporated and unincorporated areas) allocation methodology How do you verify a service address to determine if the origin falls within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin determinations are made for each customer by. ❑ our office staff manually searches customers' address using mapping software or Thomas guide © we enter each customers service address into a database, the filter the data through an automated mapping software that separates unincorporated addresses from incorporated addresses ❑ other: How do you calculate the incorporeted/unlncorporated percentage allocations? ® (1) add togetherthe aggregate disposal / recycling capacity -service volume (yardsibins, gallons/carts) for ail customers with service addresses in the unincorporated and incorporated areas (2) multiple each jurisdiction's tonnage by standard, average weights per cubic yard/gallon (3) determine the percentage each jurisdictional tonnage comprises of the total route tonnage ❑ other. Proposal for 57 Countyof Angeles® BURRTEC County Los Angeles Commercial Services I✓e'fr Jnke Care Ojfr" 116 PW -14 (Pomona) CurMnuad 4. Tonnage and DWersion Rate Summary Table Total C00actod Total Disposed Total Dverted D"Marsbn Rate current y 1.559 tons �149§ tong tore 4 % Najd Year Pr10,00 bre tore tong 50 % D. rata rOrm amt Tonn a Table y:af catbn 1 hereby certify that orma6on In Retydi g and Waste Diversion Plan (Dlvers(on Plan) is correct and Complete. I also n that I modify this Diversion Plan at a later date by submlttlrlg a subsequent revision. Name of m rr Title: Presidem Signed Date: February 8 2012 Proposal for County of Los Arygoles 58 ComnerdalseTvloes ® BURRTEC We'07af. Car. afh^ 117 DISPOSAL FOR CIyRRBlT YEM (blYrrte4 Tom) NOTE FOR SFRNC.!'rTW COLn NWCORPOMT®AI7FA9ON. CATEGORY NAME OF FAGItTY USED li£SIOFMUL MULTFF Y ODAOEACUIL RDLL�FF TOTPLS (SYb. Fanly nornaauN6) 2 wJb J .r.bn..al) REFUSE Puente Hes Lar mu 17 17 west V TSlMRF 1,472 9 1,478 PAPER West Valle MRF 0 Puente Kb MRF 0 PLASTK;s Weal Valley MRF 0 Rwnta Kb MPF 0 buss Wes[VNle MRF 0 PUente KM MRF 0 METALS was Valley MRF 0 omenta KOS MRF 0 YMaJ WASTE Wast Valley MRF 84 64 Puenls Nes MRF 0 eUU(Y ITF143 Way( Vel MRF 0 Puente Hills MRF 0 1NifIE 0OOD9 West VaUY MRF 0 CSD West Vage MRF 0 6tIMTP3 Thenrad CpTpustiott Innom Innavelon 0 FOOD WASTE Weal V MRF lo E�YAsrE E -R y:af catbn 1 hereby certify that orma6on In Retydi g and Waste Diversion Plan (Dlvers(on Plan) is correct and Complete. I also n that I modify this Diversion Plan at a later date by submlttlrlg a subsequent revision. Name of m rr Title: Presidem Signed Date: February 8 2012 Proposal for County of Los Arygoles 58 ComnerdalseTvloes ® BURRTEC We'07af. Car. afh^ 117 FORM PW -14 (SANTA CLARITA) RECYCLING AND WASTE DIVERSION PLAN One of the primary reasons the County Is entered into the non-exclusive commercial franchise agreements is to increase commercial and nwRl-family recycling and to assist the county in Its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Diversion Plan to be considered responsible. An Incomplete or unapproved Recycling and Waste Diversion Plan may be cause for disquailfication of proposal. Attach additional sheets if necessary. General Company Information Company Name: Bunter Waster Industries Inc. Contact Person Representing Company. Richard Niho Title: Director Municipal Services Phone Number. (909) 429-0200 - E-mail Address: mino(a]burrtec.com Type of collection services that will be provided (check all that appy) ® Commercial waste ooilecbm 181 Industrial waste collection M Multi -family waste collection © Construction and Demolition waste collecson M Roll -Off Servicers ® Other waste collection (please specify): Baled material recycling buy-back Program Details 1. Do you plan on transporting your commercial sold waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Fealty (MRF) and/or transfer/processing facility? Yes I8 No ❑ If yes, how much of your CUA waste will you transport to a MRF? Percentage ,9ku% Please provide name(s) of Material Recovery Facility and recovery rate(s). A) Burbank Recycling MRF Recovery Rate 8680% B) Community Recycling MRF Recovery Rate 20-80% C) Sun Valley Paper MRF Recovery Rate 60-80% 2. Do you currently provide separate collection services for the following? (check all that appy) ® Recyclable materials ® Green Waste IH Manure © Food Waste ® Briky items ® Universal W este ® Electronic Waste MI Other: Sharps (drop off service) Christmas trees, tries Proposal for 59 Coursy of Los Angeles BURRTEC Commercial Services f lYe'll rake cue Of If" 118 PW -14 (Santa Clarita) - Continued 3. Please complete the form below and provide details on all the recycling efforts, programs and procedures your plan to implement (check all that apply). Attach additional sheets if necessary. If you provide ROLL- OFF SERVICE exclusively please comolote items D and E only it this A: Site Visit and Audit You must visit all customers, evaluate whether their existing levels of refuse and recycling service is appropriate, and promote and Implement recycling services whether or not customers are subject to mandatory commercial recycling requirements under state law. (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people will conduct site visits: ® exisling staff within our company (recycling coordinator) ❑ asubcontractor ❑ other. You will schedule site visits in the following manner. OO telephone © direct mail IM In person ® other, —e-mail ❑ Other information you would like to add: B: Types of recycling containers and sizes offered ❑ One cubic yard bin (see below) Cx four cubic yard bin ® 32)35 gallon recycling cart I@ One and a half cubic yard bin ❑ Five cubic yard bin © 64165 gallon recycling cart ISI Two cubic yard bin C Six cubic yard bin ® 94195 gallon recycling can ® Three cubic yard bin ❑ Seven or more cubic yard bin ® Other 10, 208 40 yd roll- off and compactors © Food waste container (Indicate types and sizes offered) 32, 64, 95 gallon barrels/1.5 and 3 yard bins © Manure container (indicate types and sizes offered) 32, 64, 95 gallon barrels/1.5 and 3 yard bins 'Buntec will provide 1.5 cubic yard bin to all mandatory recycling customers In lieu of the 1 cublc yard bin C: Recycling contalner contamination procedures ❑ 1-9% ® 20.29% ® 4049% ❑ 10-19% ® 30-39% ® 50% or more Comamination observed — Rrat occunenw ❑ container collected wi0t no follow-up action © container collected and notified customer with a wanting ❑ container not collected and tagged with non -collection notes Cl other. Proposal for County so Commercial Services ® BURRTEC Wel! Tak, Care Of], - 119 PW -14 (Santa Clarits) -Continued Contamination observed — Second occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice I] container not collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer charged for pick-up ❑ container collected, customer charged for pick-up and recycling container removed ❑ other. Contamination observed — Third occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a waming ❑ container not collected and tagged with non�collection notice ❑ container not collected, tagged and customer contacted In person or phone with second warning ❑ container collected and customer charged for pick-up ® container collected, customer charged for pickup and recycling container removed ❑ other. © We wiq notify the County Awe remove any recycling container from a customer due to excessive contamination, upon request. D: Required recycling efforts © We understand and acknowledge that under the commercial franchise we must use our best efforts to Implement measures intended to achieve source reduction, recycling and waste diversion goals for solid waste we collect. © We understand and acknowledge that under the commercial franchise we must use our best efforts to divert bulky items, electronic waste, CEDs, manure and construction and demolition debris from disposal. E: Intedurisdlctlonal routes (Incorporated and unincorporated areas) allocation methodology How do you verify a service address to determine If the origin falls within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin determinations are made for each customer by: ❑ our office staff manually searches customers' address using mapping software or Thomas guide ® we enter each customer's service address Into a database, the filter the data through an automated mapping software that separates unincorporated addresses from incorporated addresses ❑ other: How do you calculate the Incorporatedfunincorporated percentage allocations? ® (1) add together the aggregate disposal I recycling capacity -service volume (yards bins, gallons/carts) for all customers with service addresses in the unincorporated and incorporated areas (2) multiple each jurisdiction's tonnage by standard, average weights per cubic yardlgallon (3) determine the percentage each jurisdictional tonnage comprises of the total route tonnage ❑ other. Cr * for 61 ® BURRTEC Courtly rA t os Angeles Commercial Servkas "we•d Take core Of If" 120 PW -14 (Santa Clartta) - Continued 4. Tonnage and Diversion Rate Sunmary Table Total Collected Total DlSPmd Total Diverted Divorslon Rate Current Year30, tons 17 746 tons 12,297 tons % Next Year acted 1 tons 00 tons LBOO tors % Certification I hereby certify that the on I this Rwyding and Waste Diversion Plan (Divafsiol plan) Is coned and mrnplete. I also t rtudlfy this Dhrenbn Plan at a later data Submitting revislort bye subsequent Named 92p &ur _ Title: President Signed (~ ry L�C,-- Date: February B 2012 Proposal for County of los Angeles 62 Convnwcw swoes ® BURRTEC 114471 TaA4 Cwe Off," 121 oe) Ote` O FOR CUM4G_ NOTE: FOR 6ERJICE WffrM®MEASM CATEGORY NAVE OF FACILRY IMEo RE M TWF YLL-OFF TOTALS (84rfs Frrey (a or mon unto) wtl2unin (w,mm�a .1re REFUSE CN Re Landfill 10 tWb 871 17103B:n*s�x 4371 4,649PAYER023Sunt/P 3.600 TMs Bubank 0 con� 0 Sun Val P 176 7 166 C1A59 Burbank 0 I 1 Sun V p 330 330 1 ALS Burb"w* 0 25 26 Meld 34 4 38 Sun V 124 124 44 44 Rent-ean 5 YARD WASTE RenMaSln3904 6 17 4.017 Comms 129 120 CaNiomta Wood 3,614 3,614 SULKY 17849 Burbank Re 0 Comm 0 Sun V r0 WRffE GOCD6 k1eLl 0 CaD C ude 19rldlle 38 30 Rens 54 154 sRANPs Tnsmal Canrbrckan 6;-.--,- 7 conraawra 0 4�tlovators FOOD WASTE Com 0 West V MRF 0 E -WASTE E cw32 32 Certification I hereby certify that the on I this Rwyding and Waste Diversion Plan (Divafsiol plan) Is coned and mrnplete. I also t rtudlfy this Dhrenbn Plan at a later data Submitting revislort bye subsequent Named 92p &ur _ Title: President Signed (~ ry L�C,-- Date: February B 2012 Proposal for County of los Angeles 62 Convnwcw swoes ® BURRTEC 114471 TaA4 Cwe Off," 121 FORM PW -15 SUBSCRIPTION ORDER TEMPLATE REQUIRED DISTRIBUTION Prior to commencing service, you must give each of your customers a subscription order. At least once each year, you must give each of your customers a summary of the general form of the subscription order and directions on how to obtain a complete copy of a customer's specific order. (You may include the summary together with other correspondence to your customers, such as customer outreach and educational materials. See the franchise agreement.) REQUIRED CONTENT Your form of subscription order must contain the following information: (1) The scope of services, including size and number of containers, subscription date, and set -out site; "set -out site" means the place agreed to between waste hauler and its customers to collect MSW under County Code § 20.72.100. (2) Customer service charges, which may be in the form of a general fee schedule, clearly marked to indicate all fees (including bin delivery, bin pick-up, bin locks, additional pick-ups, etc.) that are specifically applicable to the customer; (3) Office hours, toll-free customer service telephone number, email address, and any website; (4) Disclosure that the customer's subscription is subject to your being a party to the non-exclusive commercial franchise agreement, and the subscription must be terminated if the franchise is terminated; (5) County telephone number that the customer may call after contacting waste hauler if the customer's service complaint is not satisfactorily resolved; (6) Any other information (in any format) requested by County. I acknowledge that the attached template will be used to prepare our subscription order form. Name of person signing form: Signed 122 Date: Title: FRANCHISEE NAME FORM PW -15 TRASH and RECYCLABLES Collection Services in Bins/Dumpsters CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer: The County of Los Angeles Board of Supervisors (County) awarded FRANCHISEE NAME a franchise to provide trash collection and recycling services in bins and roll -off boxes for residential, multi -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019. FRANCHISEE NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement. Its tens is 7 years, unless you terminate service by (1) giving us 90 days notice without any cause if you are not delinquent in paying us any service charges (2) giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts)or we bill you incorrectly or (3) the franchise expires or is terminated by the County. We cannot automatically renew or extend your subscription without your consent If you want to extend it, you must ask us. We will provide a written final notice (postmarked at least 14 days in advance) if we are to suspend or terminate your service. The final notice will include an explanation for the suspension or termination and information on how to resolve your issue and restart service. BIN SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below. We wilt bill you (MONTHLY / QUARTERLY?): BIN SIZE COLLECTION FREQUENCY/ WEEK 1. 2. 3. 1 4, 1 5. 6. 7. [List Bin Sizes and Standard Service Rates that you offer, and mark customer's.] ADDITIONAL STANDARD SERVICE All Customers: • Recycling Containers —1 cubic yard capacity or 2 96 -gallon carts FREE • Additional or larger containers and capacity provided at HALF the trash rate Residential and Multi -Family Customers ONLY: • FREE Holiday Tree Collection Services • Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties. We will provide one of the following service options upon your request: (1) Five pickups of bulky items (limit of five items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not in any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendant of a multifamily residence and schedule the annual cleanup event. DISCOUNT SERVICES:[List any discount services and rates that you provide.] ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: [LIST] Manure Collection 1 $ /week etc. Temporary Bin Rentals and Temporary Roll -Off Services To request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHONE NUMBER and ENTAIL ADDRESS 123 FRANCHISEE NAME FORM PW -15 Bin Rental and Roll -Off Services CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer: The County of Los Angeles Board of Supervisors (County) awarded FRANCHISEE NAME a franchise to provide refuse collection and recycling services in bins and roll -off boxes for residential, multi -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019. FRANCHISEE NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement. You may terminate service by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts) or we bill you incorrectly or the franchise expires or is terminated by the County. BIN AND ROLL -OFF CONTAINER SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below. for service. We will bill You BIN SIZE COLLECTION FRE UENCY /WEEK 1. 2. 3. 4. 5. 6. 7. List Bin Sizes and Standard Service Rates that you offer, and mark customer's. ROLL -OFF SIZE COLLECTION FREQUENCY f WEEK 1. 1 2, 1 3. 4. I 5. 1 6. 7. [List Bin Sizes and Standard Service Rates that you offer, and mark customers. (Your efforts to reduce waste, recycle and buy products made from recycled content are integral components of a sustainable society, and we thank you for your efforts.) DISCOUNT SERVICES: List any discount services and rates that you provide.] ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: (LIST] Manure Collection $ / week etc. Temporary Bin Rentals and Temporary Roll. Services To request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHONE NUMBER or EMAIL ADDRESS. 124 FORM PW -16 UNPERMITTED WASTE SCREENING PROTOCOL You may not collect any unpermitted waste that you observe, unless you are legally licensed to do so. (in general, 'unpermitted waste' is material you cannot dispose of In a class 2landfill .) Describe your Unpermitled Waste Screening Protocol (check all that apply) In effect or to be In implemented as required under the franchise agreement. The Protocol becomes part of your franchise agreement. Attach additional sheets I necessary. (1) Ongoing employee training In Identification, safety and notification procedures, including leaving non -collection tags, when safe; ® All drivers, mute personnel and new hires receive training and attend safety meetings We conduct safety meetings ❑ weekly ® monthly ❑ quarterly ❑ annually ® other Tailgate m aillggaeetI gs as ® We train drives In both Identification and notification procedures when they discover unpermi ted waste ® We Instruct drtvers who discover unpermitted waste to complete a non -collection notice, place one copy on the container (whenever safe) and file the second copy at the office ® The non -collection notice includes an explanation of the violation and the proper means to dispose of the unpannihed waste I@ other procedures (please verify) More significant hazardous waste encounters are reports to theRoute (2) Means of driver inspection, such as visual Inspection during tipping of bins or other containers Into vehicles; Drivers inspect containers by using: ❑ camera systems ® side mirrors ® manual inspection of container ❑ other (1) Immediate drive response, such as load segregation; ❑ We train all drivers to segregate unpermitted waste upon identification © Drivers will leave unpermitted waste at the service address and attach a non -collection notice to the container ❑ Other procedures (please specify) (4) Driver notification, such as calling the waste haulses dispatcher or field supervisor; ff the driver identified unpermitted waste, he or she notifies ® route supervisor ® dispatch ❑ customer service department ❑ other County L Proposal 65 County ® of Los Angeles BURRTEC Commercial cuefViceg'We'll Toke Care Of If" 125 (5) Notification of aplemPrIOte local agency or department ® Customer saMce monitors and records unparmlhed waeta vidatbns Identified by drtvem Mother field personnel ® If field personnel Identify hazardous waste, they wilt immediately notify. • The County Fire Department and the appropriate local agency, Who wM remove 1% and • The Canty ❑ Onrer procedures (please specify) (a) Appropriate actlon, wch as segregation and conbdMwrtration for manifesting and transport for dbpmW In accordance with law or securing services of permitted handling and Vmrsport company: ❑ If a d•hver .ya:tilas rr,.Pannitt,;d west&, he or she rays and notifies ms route supervisor, and applies proper containment procedures. ❑ AtI wgeclad unparmnted waste is property conteinedmd, removed, and trarepoded by a licensed contractor in acoordence with applicable law ® Other procedures (please specify) UnpemrMed wasta Identified and notify ELpp .,,,,;at0 Partbs' we do nal coxed nor handb materials (7) Comptlance with CAII state and federal laws, trb:hudbrg regulations of the federal Deparbwt of TrIMPortaUon (DOT) (Title 49 CFR) and the United Sales Environmadal Protection Agency (Title 40 CFR); 0 We will comply with a0 l.oca4 State and Federal Imus, Including comflance standards under Department of Transportation (DOT) (TMs 49 CFR) and the United Slate Erwlronmedal Protection Agency Titie 40 CFR, as well as the California EPA and DTSC regulations. Cl Other procedures (please specify) (9) Development and implementation of a customer education program to maxtmbe excluslen of unpermtlted waste from disposal and to promote sale handling of Unpermitled Waste. ® Within 3 months after the frandtlse date, we wsl attach conspicuous labels on each bin and rosoff box. The labels WA prohibit discarding unPem*ted waste, IndUci ng Illustrative examples ® We will develop and Implement a Custa"r Education and Outreach program to m®dmlze safe handling and discard of wpwffftd waste, IndudIM Written information and materials. ❑ Otherpmgramdefe0sfs"Pasespecify) Name of Signed Title: Presldwt Date: Fe 0 2012 Proposal fw County d Los Mgeles ss Cnrrm ®BURRTEC vrtariel SaWcas `We'a Toles Carr Ofw 126 FORM PW -17 (AZUSA) PERSONNEL CONTACT LIST Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional Provide a comprehensive reference list of all contracts for goods and/or services provided by the Proposer during the previous three years. Please verify all contact names, telephone, and fax numbers before listing. Incorrect names, telephone, or fax numbers will be disregarded. Use additional pages if required. TITLE: Owner FULL NAME: Cole Burr ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICEPHONE: (909)429-4200 CELL PHONE: FAX: (909)429-4290 EMAIL: cole@buntec.com YEARS OF EXPERIENCE: 46 TITLE: General Manager FULL NAME: Mike Rhodes Jr ADDRESS: 1017 W. Gladstone St Azusa, CA 91702 OFFICE PHONE: (800) 325-9417 CELL PHONE: (909) 851-7734 FAX: (626)932-1578 EMAIL: mjrhodes@buntec.com YEARS OF EXPERIENCE: 17 TITLE: President FULL NAME: Cole Burr ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICE PHONE: (909)429-4200 CELL PHONE: FAX: (909) 429-4290 EMAIL Cole@burrtec.com YEARS OF EXPERIENCE: 46 TITLE: Operations Manager FULL NAME: NIA ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: 'L sl Countyofos Mgeles ® BURRTEC Commerdal Services We'll Take Care Of It" 127 TITLE: Customer Service Manager FULL NAME: MaryFerro ADDRESS: 1017 W. Gladstone St Azusa, CA 91702 OFFICE PHONE: (800) 3259417 CELL PHONE: (909) 714-8172 FAX: (626) 932-1578 EMAIL: mflum@burrtec.com YEARS OF EXPERIENCE: 20 TITLE: Recycling Coordinator FULL NAME: Olivia Sanchez ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICE (909) 42942(10 PHONE: CELL PHONE: (909) 921-9711 FAX: (909) 429-4291 EMAIL: osanchez@burrtec.com YEARS OF EXPERIENCE: 13 PW -17 (Azusa) -Continued TITLE: Route Supervisor FULL NAME: Jose Guillen ADDRESS: 1017 W. Gladstone St Azusa, CA 91702 OFFICE PHONE: (800) 3259417 CELL PHONE: (909) 5614829 FAX: (626)932-1578 EMAIL* jgulllen@buffterc.com YEARS OF EXPERIENCE: 9 months TITLE: Aocourtant/book keeper who calculates and submits franchise fee to County FULL NAME: Rose Larsen ADDRESS: 9400 Cherry Ave, Bldg C Fontana, CA 92335 OFFICE (909)743-6319 PHONE: CELL PHONE: N/A FAX: (909)357-1578 EMAIL: damen@buntec.com YEARS OF EXPERIENCE; 22 Proposal forCow* of - 68 mlalS ss ® BURRTEC we 10 nese cn« ofrr 128 FORM PW -17 (POMONA) PERSONNEL CONTACT LIST Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional Provide a comprehensive reference list of all contracts for goods and/or services provided by the Proposer during the previous three years. Please verify all contact names, telephone, and fax numbers before listing. Incorrect names, telephone, or fax numbers will be disregarded. Use additional pages If required. TITLE: Owner FULL NAME: Cole Burr ADDRESS: 9690 Cherry Ave Fontana, CA 92335 OFFICE PHONE: (909) 4294200 CELL PHONE: FAX: (909) 429-4290 EMAIL: cole@burrec.com YEARS OF EXPERIENCE: 46 TITLE: General Manager FULL NAME: Mike Samano ADDRESS: 1250 E. Holt Blvd Pomona, CA 91767 OFFICE PHONE: (909) 620.1353 CELL PHONE: (909) 549-6921 FAX: (909)620-5141 EMAIL: msamano@burrtec.com YEARS OF EXPERIENCE: 5 TITLE: President FULL NAME: Cole Burr ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICE PHONE: (909)429A200 CELL PHONE: FAX: (909)429-4290 EMAIL: cote@burrtec.com YEARS OF EXPERIENCE: 46 TITLE: Operations Manager FULLNAME: NIA ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Proposal for 69 County of Los Angeles B URRTEC Commercial Services 'We'll TuAe cure Of rt" 129 TITLE: Customer Service Manager FULL NAME: Daniel Lopez ADDRESS: 1250 E. Holt Blvd Pomona, CA 91767 OFFICE PHONE: (909) 620-1353 CELL PHONE: (909) 714-8174 FAX: (909)620-5141 EMAIL: dlopez@burrtec.com YEARS OF EXPERIENCE: 6 TITLE: Recycling Coordinator FULL NAME: 011vla Sanchez ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICEPHONE: (909)429-0200 CELL PHONE: (909) 921-9711 FAX: (909)429-4291 EMAIL: osanchez@burtec.com YEARS OF EXPERIENCE: 13 PW -17 (Pomona) - Continued TITLE: Route Supervisor FULL NAME: Manuel Zumaya ADDRESS: 1250 E. Holt Blvd Pomona, CA 91767 OFFICE PHONE: (909) 620-1353 CELL PHONE: (626) 319-5955 FAX: (909) 620-5141 EMAIL: mzumaya@burrtec.com YEARS OF EXPERIENCE: 20 TITLE: Acoountant/book keeper who calculates and submits franchise fee to County FULL NAME: Rose Larsen ADDRESS: 9400 Cherry Ave, Bldg C Fontana, CA 92335 OFFICE PHONE: (909) 743-6319 CELL PHONE: N/A FAX: (909) 357-1578 EMAIL: rlarsen@burrtec.com YEARS OF EXPERIENCE: 22 Proposal for CountyofLos Services 70 ® BURRTEC Commerdal Services "We'll Take Care O/D 130 FORM PW -17 (SANTA CLARITA) PERSONNEL CONTACT LIST Identify key personnel and provide following Information. Please verify all contact names, telephone and fax numbers, and emall addresses before listing. Use additional Provide a comprehensive reference list of all contracts for goods and/or services provided by the Proposer during the previous three years. Please verify all contact names, telephone, and fax numbers before listing. Incorrect names, telephone, or fax numbers will be disregarded. Use additional pages if required. TITLE: Owner FULL NAME: Colo Burr ADDRESS: 9690 Cherry Ave Fontana, CA 92335 OFFICE PHONE: (909) 4294200 CELL PHONE: FAX: (909)4294290 EMAIL: cole@burrtec.com YEARS OF EXPERIENCE: 46 TITLE: General Manager FULL NAME: Tim Williams ADDRESS: 260D0 Springbrook Ave, Ste 101 Santa Clarita, CA 91350 OFFICE PHONE: (661) 222-2249 CELL PHONE: (760) 577-5042 FAX: (661)222-7876 EMAIL: twilliams@buMec.com YEARS OF EXPERIENCE: 11 TITLE: President FULL NAME: Cole Burr ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICE PHONE: (909)4294200 CELL PHONE: FAX: (909) 4294290 EMAIL: cole@burrtec.00m YEARS OF EXPERIENCE: 46 TITLE: Operations Manager FULL NAME: WA ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Cmnty fL 71 BURRTEC County rc Los Angeles Commercial Services rve'tr rake care ofu^ 131 TITLE: Customer Service Manager FULL NAME: Elena Drapeau ADDRESS: 26000 Spdngbrook Ave, Ste 101 Santa Clarita, CA 91350 OFFICE PHONE: (661)222-2249 CELL PHONE: (661) 6449794 FAX: (661)222-7876 EMAIL: elena@burrtec.com YEARS OF EXPERIENCE: 30 TITLE: Recycling Coordinator FULL NAME: Olivia Sanchez ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICE PHONE: (909) 429200 CELL PHONE: (909) 921-9711 FAX: (909) 429-0291 EMAIL' osanchez@burrtec.com YEARS OF EXPERIENCE: 13 PW -17 (Santa Clarita) - Continued TITLE: Route Supervisor FULL NAME: Dan Kessler ADDRESS: 26000 Springbrook Ave, Ste 101 Santa Clarita, CA 91350 OFFICE PHONE: (661) 222-2249 CELL PHONE: (661) 9648539 FAX: (661)222-7876 EMAIL: dkessler@burrtec.com YEARS OF EXPERIENCE: 31 TITLE: Acoountant/book keeper who calculates and submits franchise fee to County FULL NAME: Rose Larsen ADDRESS: 9400 Cherry Ave, Bldg C Fontana, CA 92335 OFFICE PHONE: (909) 743-6319 CELL PHONE: N/A FAX: (909)357-1578 EMAIL: darsen@burrtec.com YEARS OF EXPERIENCE: 22 Proposal for .72 County rc Los Angeles ® BURRTEC Commercial services "W"11 rake Ca" O/lt" 132 FORM PW -18 (AZUSA) SOLID WASTE FACILITIES Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRF's, composting facilities, conversion facilities and recycling brokers! companies (Including e -waste). Attached additional sheets If necessary. CATEGORY FACILITY MATERIALS TAKEN TO REFUSE Name of Fadiity: Puente Hits Landfill Address: 2908 S. Worlunen Mit Rd Whither, CA 90601 Telephone: (582)6995204 Maledals accepted: municipal solid waste, dean dirt green waste and asphalt Materials ed: Hazardous waste end unlversal wade Methodology used ® Rebs are ® Solid waste ® The exact net ® The solid ® On a monthly for allocating proreglstered materials aro weight of the waste collected is basis, the facility materials or basad m the weighed at the material collected then unloaded on will reconcile each determining route number, certified scabs is allocated to the the flood and load with weight jurisdiction of origin percentage before entering jurisdiction(s) from prepared for records and of the wade allocation, and the fadity. which Its maledail processing. elorations. stream, including Jurisdiction Of was coneded. disposed residue. Origin. Check all that apply REFUSE Name of Facility. Scholl Canyon Landfill (If applicable) Address: 7721 North Figueroa St Los Angeles. CA 90041 Telephone: (323)246986.5 Materials a ted: MunIcipal solid waste green waste dean dirt clean a hat Materials re acted: Hazardous waste and lmNersal waste Methodology used m Routes are ® Solid waste ®The emd nat (M The solid ® On a monthly for allocating pre -registered materials are weight of the waste collected is basis, the facifity materials or based on the weighed at the materiel collected then unloaded on will reconcile each determining route number, certified scales Is allocated to the the Mod and bad with weight jurisdiction of origin percentage before anteing jurisdiction(s) from prepared for records and of the waste allocation, and the facility. which the material processing. allocations. steam, inducing Jurisdiction of was collected. disposed residue. origin. Check all that apply RECYCLABLES Name of Facility. Allan Company Address: 14604 Mow Highway Baldwin Perk, CA 91706 Telephone: (626) 983-4047 Materfale sae ted: Comninaled recyclables Materlals ria soled: Hezamlwsweste refuse leen waste and Nce Medodolopy used ®A waste ® Foch "Noe is ® The materials ® Each outbound I@ All residue for allocating characterization Is weighted at the are than delNered commodity weight materials are materials or conducted to certified scales to the processing is collected and traded based determining allocate each type and a iare weight area Winans all reconciled with the upon the waste jurisdiction of origin of recovered and is captured. materials we waste dansderizatbn of the waste recycled material sorted and characterization and allocated to stream, including and at process processed for for the facility. the appropriate disposed residue. residues by optimum Jurisdiction. Check all that apply weight diversion. Proposal for 73 County of Los Angeles ® BURRTEC Commercial Services We'll 'lake Care Of It" 133 PWAR r.rMin..n.l RECYCLASlE3 Name of Fadtly: Puente Hills MRF (K appI bite) Address: 7803 S. Workman Min Rd Whither, CA 90301 Telephone: (532) 399-5204 Materials accepted: Commingled recyclables and construction and demolition Metadala acted: Hazardous waste and universal waste Methodology used ® A waste ISI Each vehicle Is ® The materials ® Each outbound rat All residue for allocating characterimhon is weighted at the aro then delivered commodity weight materials are materials a conducted to certified scales to the processing is collected and tracked based determining allocate each type and a tare welght arae where all reconciled with the upon the waste Jurisdiction of origin of mcu, red and Is captured. materials are waste characterization ofthe waste sorted and characterization and allocated to Including mued g p�� s processed to for the faclfdy. the appropriate disposed residue. residues by optimum jurisdiction. Check all that apply might diversion. GREENWASTE Nameof Fecliity: Puente Hlaslandfil Address: 2803 S. Workman PAR Rd Whither. CA 911301 Telephone: (532) 899-5204 Materials a ted; Green and wood waste Material® acted: Trash hazardous waste tnlveral waste M footle and cactus Methodology used ® Green waste ISI The green waste will IM Each load of green M The facility will use for allocating materials will be be hauled from the waste delivered will be the green waste a materials or collected and truck directly to the allocated based upon Alternative Deily Ccvo determining transported In the same Facility. tare weights on tons (PDC) program. Jurisdiction of origin manner as solid waste. delivered. of the "Ste stream, Including disposed residue. Check all that apply GREEN WASTE Name of Facllty. Scholl Canyon Landfill Address: 7721 North Figueroa St Los Angeles, CA 90041 Telephone: (323) 245-9885 Materials : Green and wood waste Materialsrejected: Trash hazardohe waste universal wastebalm fonds and cactus Methodology used ®Green waste ® The green waste will IM Foch bad of green The facility will use for allocating materials will be be hauled from the waste delivered will be the green waste as materials or collected and truck directly to the allocated based upon 19tematva Daily Cover determlmng transported In the same facility. tare weights on tore (ADC) program. Jurisdiction of origin manner as solid waste. delivered, or the Waste steam, including disposed residue. Check all that apply Proposal fo %4 County of Angeles ® BURRTEC Cornmorcil Services • We'lt Take Care Of It 134 PW -1S (Azusa) -Continued GREEN WASTE Nameof Facility: West Valley MRF Address: 13373 Nape St Fontana, CA 92335 Telephone: (909) 899-0911 Materialsaccepted: Commingled recyclables to Include metals, glass, HDPE mlzed color, HDPE natural, Mzed Infection plastics, paper. cardboard, tin. PET plastic, LOPE clear Blrrc Styrofoam, green and wood waste, construction debris, food waste, appliances, retrlgemtors, air conditions, computers, televisions, microwaves e-wasto, and fires Materials refected: Hazardous waste, lkyuidwaste, asbestos, paints, solvents, sawagalsiudge, barrel drums, vehicle ballades, oil, antifreeze, dead animals, contaminated sella, red bag medical waste, fluorescent lights, and treated wood. Methodology used II@ Green waste W The green waste will Ixg Each bad of green 0 The facility will use the for allocating materials will be be hauled from the waste delivered will be great waste as Alternative materials or collected and truck directly to the allocated based upon Daily Cover (ADC) program determining transported In facility. two weights on tons Jurisdiction of odgln the same delivered. of the waste manner as solid stream, Including waste. disposed residue. Check as that apply BULKY ITEMS Name of Facility: Puente Hills MRF Address: 2808 S. Workman Mill Rd Whittier, CA 90601 Telephone: (562) 699-5204 Malerlale axe ed: municipal solid waste and asphalt Materiels redacted: Hazardous waste universal waste and green waste Methodology used! ® The facility will record W The facility will report all OO All materials recovered are allocated for allocating all bulky Items delivered materials based upon the based upon weight and jurisdiction of materials or and recovered- Jurisdiction of generation. generation. determining Jurisdiction of origin of the waste stream, including disposed residue. Check a8 that a ELECTRONIC Name of Facility: E-Recyder WASTE Address: 7230 Patterson Ln Paramount, CA 90723 Telephone: (BOO) 7958993 Matedalsa Ptod: Televisions, carputers, DVDNCR players, copyffu machines, telephones/answering macNnes, radios/stereo egil2ment,CD players, connectore and cables all consumer electronics Materials rejected: Appliances, batteries fi hti and hazardous waste Mettodolcgy used D All electronic waste are weighted and © All materials recovered under this program ala fo allocating allocated per commodity type and weight- recorded and reported back to us and the Stale of materials or California. detemuning Jurisdiction of origin of the waste stream, Including disposed residue. Check ell that Proposal for 75 County of Los Angeles 0 BURRTEC Commercial Services We'Ir Take Care Of L" 135 CONSTRUCTION NarneofFacdty: Nu -Way ANDDEMOLMON Address: 1270 Arron Hwy DEBRIS Irwindale, CA 91706 Telephone: (•626) 3055908 Materials ecce ed: DI rockandccncrete Materialsrejected: DMnll, wood and metal Methodology used ® The facility will record all CAD ®The leciliry will report all ®AO metedals recovered are for allocating materiels M delivered and recovered. materials based upon the allocated based upon weight and determining Jurisdiction of generation. Jurisdiction of generation, jurisdiction of origin of the waste stream, including disposed residue. Check all thatlysop CONSTRUCTION Name of Facility. Peck Rd Gravel Pit AND DEMOUTION Address: 128 E. Uve Oak Ave DEBRIS Monrovia, CA 91016 Telephone: (818)5741855 Mated" accepted: Fugy cured asphalt, unconttarrlNatad concrete, crushed Bass, brick, cerarldo, cieY. tray products, rock and sod. Materials aced: Green waste refuse wood notal and drywall Methodology used IR) The facdty w81 record all CAD ® The facility will report all ® All materials recovered are for allocating materials or delivered and recovered. materials based upon the allocated based upon weight and determining9 Jurisdiction ofeneration. jurisdiction of generation. Jurisdiction of origin of the waste stream, Including disposed residue. Check all that CONSTRUCTION Neme of Faddy: Puente Hills MRF AND DEMOLITION Address: 2808 S. Workman Mill Rd DEBRIS Whittler, CA 90601 Taleptime: - (562) 6995201 Materiels a ted:Asphalt. metal and wood Materials refected, Refuse, haraNuu9 waste and universal waste Methodology used ® The facility will record all CAD ®The facility will report all ®All frBterlals recovered are for allocating materials or delivered and recovered, materials based upon the allocated based upon weight and determining Judsdlrriun of generation, jurisdiction ofgeneration. jurisdiction of origin of the waste stream, including disposed residue. Check all thatapply Proposal for %6 County Loa Angeles ® BURRTEC Commercial ial Services "We'll TaAe Care Of/t" 136 PW -79 (Azusa)-Conbinued CONSTRUCTION NamtsofFac3Sy: DowdoWn DNWsbn AND DEYOLMON Admese: 2424 E. Olympic Blvd DEBRIS Lots Angeles, CA 90021 Telephone: (213)612-6004 Materials : C6D audl ed wood metal asphaltandconcleta, Materials re : Green waste t%mrdae waste and universal "eta Methodology used ® The hdlg wit record all CSD ® The fadAy M6 report all ® NI mateiab reattemd aro for allocating delivered and mcwerad. maenale based upon the allocated based upon weight and natedals or jurisdVM of ganeramon. judsdcbon of gereradm- detemdrdng )udsdWon of origin of the waste aaeent, IndudGig disposed residue. Check at that aDDIV FarAay: WestValey MRF Address 13373 Napa St Ford". CA 92335 Talepio : (909)099-0911 F0OIOWASM.TENameof CwvWrgied raydables b indus metals. glass, HOPE mixed color, HDPE nabr�, mixed Injection phsaa, paper, cardboard. tin. PET plastic. IDFE dear Sim, Styrofoam, green WO wood waste. construction debris, food wasle, applimax a, mingerSIM, s4 andill e, COMM rs, WiftWO I. m and than Hamnious waste, Ipuid wash, ashess+s. Pam, 30harb, Nsludge, barrel dram, vehicle batteries, oil, engaaem. dead ankab. oontmrJ+aled sob, and bag m@dcef "ab, llwuescmd lob. and basted wood. Meftdology used ® The family wal record all foal m The Wily Will report all ® Al matenala recovered are for allocating waste dellvaed and recovered. materials based upon the allocated baud upon weight and rralalais or jurisdcbon of generation. juabdciorr of genembom determining }msdicoon of origin of the waste stream, Inckkgry disposed rest". Check all that OTHER Namaot Fecuity (Piga'@ spgcay) Adds : Teiephore: Materials sae ed: Materials rjeclad: Methodology used for alloraWg malerlals or datamirdng juatsdictim of origin of Ma waste sbaen. h ludbg deposed raudue. ChW* N set Name of p le Burt 20 . Signed Date: Mile: President Febfua!y 6, 2012 F`°P°sw for 77 ® BURRTEC County of Loo Angeles commercial Services 'W,'M Tale Care OfW 137 FORM PW -18 (POMONA) SOLID WASTE FACILITIES Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRF's, composting facilities, conversion facilities and recycling brokers / companies (including e -waste). Attached additional sheets if necessary. 6:116111:RY O FACILITY MATEr(662)699-SZ04 REFUSE Nameof Faclfity:aMM Address: men Mill Rd 0601 Telephone: 04 Materials accepted: Municipal wild waste, dean dirt, green waste and asphalt Metenals acted: Hazardous waste and universal waste McNodology used ® Routes are © Solid waste TO The "ad net ® The solid ® On a monthly for allocaflng pre -registered materials are weight of the waste colladed Is basis, the facility materials or based on the weighed at the matedal collected then unloaded on will reconcile each deterrdning mute number, certified scales is allocated to the the flood and load with weight jurisdiction of origin percentage before entering jurisdiction(s) from prepared for records and of the waste allocation, and the facility. which the material processing. allocations. stream, Including Jurisdiction of was collected. dsposedresidue. algin. Check all that apply REFUSE Nameof Facility West Valley TS/MRF (k applicable) Adder; 13373 Napa St Fontana, CA 92335 Telephone: (009) 6990911 MaterlalsaaeNed: Commingled recyclables to include metas, glass, HDPE mixed onion, HOPE natural, mixed injection piasga, paper, cardboard, tin, PET plastic, LOPE clear film, Styrofoam, green and wad waste, construction debris, food waste, appliances, refrigerators, air condtiom, computers, teievtsfons, microwave a waste and time Matedals refected: Harardous waste, liquid waste. asbestos, paints, sclwns, sewagaNudge, barrel drums, vehicle batteries, dl, antiimeze, dead antmals, carvtsminated softs, red bag medcah waste, fluorescent lights. and treated wood. Methodology used ® Routes ere ®Solid waste ®The axed net ®The sd'd 19 On a monthly for allocating pre-regetered materials are weight of the waste collected Is basis, the facility matedais or based on the weighed at the material collected then unloaded on WTI reconcile each determining route number. certified scales is allocated to the the good and load with weight Judsdicton of origin percentage before entering Jurisdiction(s) from prepared for records aM of the waste allocetlon, and the facility. which the material processing. allocations. stream, inducing Jurisdiction of was collected. disposed residue. origin. check all That apply lf�a County L ® BURRTEC County of Los Angeles Commercial Services We'll Take Care Of It" 138 RECYCLABLES Name of FactlOy: West Valley TS/MRF vera rumona -t ontmuert Address: 13373 Napa St Fontana, CA 92335 Telephone: (909)899-0911 Materials acoepted: Commingled reryUables te Include metals, plass. HDPE mined cola, HDPE reWrel, mixed Injection Plastics, paper, cardboard, tin. PET plastic, LDPE clear film, Styrofoam, green and wood waste, construction debris, food wasta, appGancee mfdgambm, air conditions, computers, televisions, microwaves a -waste and tires Materials M)eCted: H Qr)us waste, liquid waste, asbestos, paints, solvents,eewagarsludge, bevel drums, vehlde batteries, oil, antifreeze, dead animals, contaminated soils, red bag medical waste, fluorescent lights, and treated wood. Mamodology used ❑ A waste ❑ Each vshlde Is ❑ The materials ❑Fath outbound ❑ All residue for allocating characterization is waightedatthe are liven delivered commodtyweight materials are materials or determining conducted to cedifled scabs to the processing Is collected and tracked based allocate each type tare JUnsdJction of origin and a weight area where all reconciled with the upon the waste of recovered and is capturedmaterials are waste characterization Of the waste recycled material sorted and characterization and allocated to steam, Including disposed residue. and all process processed for for the facility. the appropriate residues by Check all that a optimum furisdktion. ht dtv inion. RECYCLA13LES Name of Facility: Puente Me Landfill (it applicable) Adder: 2808 S. Workman Fail Rd Whittler, CA 90801 Telephone: (582) 899-5204 Materials acts ted: Commingled rclables and CBD Matedals rejected: Hazardous waste and universal waste Methodology used U A waste ❑ Each vehicle is ❑ The matedam ❑ tech outbound ❑ All residue for allocating characterization Is weighted at the are then delivered commodity weight materials are materials w determining conducted to certified scales to the processing Is collected and badned based allocate each type arid a tare weight area where all reconciled with the upon the waste junsdlchon of origin of recovered and is captured. materials are waste characterization of One waste recycled material sorted end characterization and allocated to stream, Including disposed residue. and all process processed for for the facility. the appropriate residues by Check all applyI. optimum Jurisdiction. diversion. GREEN WASTE Nameof Fadlity: West Valley TSnMRF Address; 13373 Napa St Fontana, CA 92335 Telephone: (909) 899-0911 Materials accepted- Commingled racydables to Include metals, glass, HDPE mixed color, HDPE natural, mixed infection PI -9m, paper, cardboard, lin, PET plastic, LDPE clear film, Styrofoam, green and wood waste, construction debris, food waste, applancee, refngerators, air conditions, computers, televisions, microwaves a - waste, and Ores Materials mlected: liazadolffi waste, liquid waste, asbestos, paints, solvents, sowagalsludge, barrel drums, vehicle batteries, alt, amtimeza, dead animals, contaminated soils, red bag medical waste, fluorasoant Ilghte, and treated wood. Methodology used [2 Gruen waste ®-Dna green waste will ® Each load of green ❑ The facility will use for allocating materials or materials will be be hauled from the waste delivered wll be the green waste as determining collected and truck directly to the allocated based upon Alternative Daily Cover transported jurisdiction of origin in the same faUlity. tare weights on tons (ADC) program. manner as solid of the waste waste. delivenad. stream, Including disposed residue. Check all that apply I Proposal for CountyLes Angeles 79 ® BURRTEC Commercial Services '9Ve7r Take care Of 1, 139 PWA9 (Ponnonal • Continued GREEN WASTE Namsof Facility: Puente Hills Landfill Address: 2808 S. Workmen Mill Rd Whittler, CA 90601 Telephone: (662)6995204 Materials ecm ted: Green and mcfwaste Materials reached: Hazardous waste and universal waste Methodology used ® Green waste ® The green waste will ® Each bad of green ❑ The facility will use for allocating materials will be be hauled from the waste delivered will be the green waste as materials or coaacfed and truck directly to the allocated based upon Alternative Dally Cover determining transported In the same facilitytare weights on tons (ADC) program. jurisdiction of origin manner as solid waste. delivered. of the waste stream, Including ' disposed residue. Check all that apply SULKY REMS Name of FadNy: West Veley TSIMRF Address: 13373 Napa St Fontana, CA 92335 Telephone: (909) 899-0911 Metedals axepbad: Commingled recyclable$ to include metals, glass, HOPE mixed color, HDPE natural, mixed Injection plastics, paper. cardboard, On. PET plastic, LOPE dear film, Styrofoam, green and wood waste, consouctiah debris, food waste, appliances, n:fdgerators, air condifions, computers, televisions, microwaves awaete and tlrea Materials rejected: Hazardous waste, liquid waste, asbestos, points, solvents, $ewagwsludge, barrel drums, vehicle ba8e0es, dl, antifreeze, dead ankrhals, contaminated eels, red bag medical waste, fluorescent fights, and treated wood Methodology used © The facirdy will recall all IM The facility w11 report of © All materials recovered are for allocating bulky Items delivered and materials based upon the allocated based upon weight and materials or recovered. Jurisdiction of generation. jurisdiction of generation. determining Jurisdiction of origin of the waste stream. Including disposed residue. Check all that apply SU1.1(Y ITEMS Name of Facility: Puente Hills Landfiti Address: 2808 S. Workman Mill Rd Whittier, CA 90601 Telephone: (562) 699-5204 Matertais a ad: Munld I sold waste and as hat Materials . Hazardous waste universal waste and teen waste Methodology used ® The facility will record all m The facility will report all © All materials recovered are for allocating bulky items delivered and materials based upon the afioratsd based upon weight and materials or recovered. Jurisdiction of generation. Jurisdiction of generation. determining jurisdiction of origin of the waste stream, Including disposed residue. Check all that apply proposal 8° C 0 BURRTEC County ty o(Los Angeles Commercial Services Wt if Take Care Of It" 140 BULKY ITEMS www Name of FaClllty: West Velby TSlMRF auu Address: 13373 Napa St Fontana, CA 92335 Telephone: (909) 899-0911 Materialsacoepted; Comrrtngied recyclaoles to include metals, glass, HDPE mixed color, HDPE natural, nixed Injection plastica, paper, cardboard, On. PET Plastic, LOPE Clear film, Styrofoam, green and wood waste, construction debris, food waste, appliances, refrigerators, air conditions, computers, televisions, microwaves e♦vasta and Ores Materials rejected: Hazardous waste, liquid waste, asbestos, paints, solvents, sewage/sludga, barrel drums, vehicle batteries, oil. antifreeze, dead animals, contarrInated soils, red bag medical waste, fluorescent lights, and treated wood. Methodology used M The facility vdll record all W The facility will report all ® Ail materials recovered are for allocating materials bulky hems delivered and mabdals based upon the allocated based upon weight and or determining recovered, jurisdiction of generation. jurisdiction of generation. Jurisdiction of origin of the waste stream, including disposed residue. Check all that a I ELECTRONIC Name of Faddy: E-Recycler WASTE Address: 7230 Pederson Ln Paramount CA 90723 Telephone: (800) 795-0993 Materiel -accepted. Televisions, computers, DVDNCR players, wpy/fax machin, teiephones/answedng machin, mdloslstereo eguipment,CD plavers, connectors and tables all consumer eloctrwIm Materials rejected: Appilances bationes liamina and hazardous waste Methodology used ® All electronlc waste are weighted and allocated ® All materials recovered under this program are for allocating materials or per commodity type and weight. recorded and reported back to us and the State of determining California. jurisdiction of origin of the waste stream, Including disposed residue. Check all that soDIv CONSTRUCTION Name of Facility: West Valley TS/MRF AND DEMOLITION DEBRIS Address: 13373 Napa St Fontene.CA92335 Telephone: (909) 898-0911 Materialsacoepted: Commingled recyclables to Include metals, glass. HDPE mbed cola. HDPE natural, mixed Injection plastics, paper, cardboard, fin. PET plastic, LDPE clear film. Stymfcam, green and wood waste, construction debris, food waste, appliances, reMgerators, air conditions, computers, televisions, microwaves a sre andtIms Materials rejected: Hazardous waste, liquid waste, asbeatas, paints, solvents, sewa5WM dge, barrel drums, vehicle batteries, oil, antifreeze, dead animals, contaminalsd soils, red bag medical waste, BucrescaM lights, and treated wood. Methodology used ® The fatality wtl record all C&D m The fadiity, will report all © All materials recovered are for allocating materials or delivered and recovered. materials based upon the allocated based upon weight and determining jurisdiction of generation. jurisdiction of generation. jurisdiction of origin of the waste stream, including disposed residue. Check all that apply Proposal for $� County rc Los Angelos ® BURRTEC Commercial Services Take Care Ofn" 141 PW18 Pomona -Continued FOOD WASTE Nemo of FatlRy: West Valley TSIMRF AdAas; 13373 Napa St Fontana, CA 92335 Telephom: (Wit) 5990511 Materials amepted: Corr mglad (eoydd3M 10 IrwlWe metale, glass, HDPE mixed calor, HDPE nab". mixed niection plasm, Paper. taeboerd, an, PET plash, IDPE clew film. Sl steam, green and srooO waste. mratuceon debris, food wash, appllences, rwdgeretora. air condtlas, cwtpteers. telmisloro, microwaves e•wste aM ttrm Materiels re)eded ta, vehaie bat(ais, Hated" waste, eprrld waste, asbisbs, pants, solvents, sewagdsludga, barrel drn di, ariMreeze, dead animals, tenteninaled soils, fed bag medical vmete, IArorescent lights, and treated wood M ;i-xicbgy used ® The tactility wmoon) all load ® The ladgty W11 repot all ®All materials mcovared ere for etlomgng waste delivered and remvwed. materials based upon To asoc" based upon weight and materials or Jurisdiction of generaam. )udedktlm of genena9m. ddemdring iWisdc5m of origin Of ttb Waste stream, Indicting disposed residue. Cho& all that apW OTHER Nemo of FacOty: (Pl—swah) peeress: Telephone: Materials smeEod, Matwlab Meemaciegy used fa ellpoa MI) materials w determining Wsddbn of algin 0(de waste sbeam,lnduding dspcsed residue. Clads d that apply Name of person i le Burr Signed Date: T)tfe: President February 6, 2012 Crony L Proposal e2 ® BURRTEC County of Los Angeles Canmardm SarAras Wr'II Take Care O/!n ^ 142 FORM PW -18 (SANTA CLARITA) SOLID WASTE FACILITIES Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste-toenergy plants, MRF's, composting facll'Ries, conversion facilities and recyciing brokers / companies (including e -waste). Attached additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO REFUSE Name of Facility: Chlquile Landfill Address: 29201 Henry Mayo Or Caaraic, CA 91384 Telephone: (661) 257-3655 Materials accepted: Municipal wild waste, gram waste, construction & demolition debris, e♦vaste lor recycling Materials rejected! Paints, dl, batteries, pesticides, anti-freens. fluorescent lights, pmpane tanks, hazardous waste, blo- haurdouswaste, raft tura air conditioners Methodology used ® Routes are ® Solid waste © The erect net El The solid IM On a monthly for allocating pre -registered materials are weight of the waste outfaced is bask, the facility materials or based on the weighed at the material collected then unloaded on will reconcile each determining route number, certified scales is allocated to the the hood and load with weight jurisdiction of origin percentage before entering Jurisdictlon(s) from prepared for records and of the waste allocation, and the facility. which the material processing. allocations. stream, including Jurisdiction of was collected. disposed residue. origin. Check all ductamilv REFUSE Name of Facility. Sunshine Landfill (H applicable) Address. 14747 San Fernando Rd Sylmar, CA 91342 Telephone: (818) 8336500 als accepted Municipal solid waste, bulky Items, construction &demolition waste, used oil from automobiles, used fires, wood waste source separate recycling throe h buy-back center rialsr acted Air conditioners a flames hazardous wadeol' uitls dology used IZI Routes are I M Solid waste 09 The exact net © The solid © On a monthly cating preregistered materials are weight of the waste collected is basis, the facility als or rdetermining based on the weighed at the material collected then unloaded on will reconcile each route number, certified scales is allocated to the the flood and load wilh weight ction of origin percentage before entering lursdfction(s)trom prepared for records and waste allocation, and the facility. which the material processing. allocallons. , Including jurisdlcdon of was collected. sposed residue. origin. Check WI that atilily RECYCLABLE$ Name of Facility. Burbank Recycling Address: 250 S. Flower Burbank CA 91502 Telephone: (818)841-9700 hlsterafs accepted: Commingled recyclabies to include metals, glass. HDPE coked color, HDPE natural, nixed Injection astirpaper, cardboard tin PET last) LOPE clear Ron and woad Materiels re ectad: Green waste, food waste wet waste Methodology used IM A waste ® Each vehicle Is ® The materials ® Each outbound ® At residue for allocating characler®tlon is weighted at the are then delivered commodity weight materiels are materials or conducted to certified scales to the processing is collected and tracked based determining allocate each type and a tare weight area where all reconciled with the upon the waste jurisdiction of origin of recovered and is captured. materials are waste characterisation of the waste recycled material sorted and characterization and allocated to stream, Including and all process processed for for the facility. the appropriate disposed residue. residues by optimum Jurisdiction. Check all that apply weight, diveislon. Proposal for 83 County of Loa Angeles 0 BURRTEC Commercial Services'We'll Take Care Oflr- 143 PW -18 (Santa Clarital • Continued RECYCLABLES Name of Fadllty: Community Recycling (ff applicable) Address: 9147 De Garmo Ave Sun Valley, CA 91352 Telephone: (818) 787-0675 Materials accepted Trash construction debris reen waste dean scimp metal food waste and mnsnin led re aces Materiels rejected: Hazardous waste, liquid waste, sabe", paints, solvents, sewage/sudge, barrel drums, vehicle batteries, oil, anlikeeze, ties, dead animals, refrigerators, air conditioners, contaminated soils, red bag medical can uters televlsbrs o-weste microwaves fluorescent lights, treated wood railroad ties. Methodology used MA f� A waste ®Each vehicle Is ® The materials E l Each outbound ® All residue for allocating characterization is weighted at the are then delivered commodity weight materials are materials or conducted to certified scales to the processing Is collected and tracked based determining anocate each type and a tare weight area where all reconciled with the upon the waste jurisdiction of origin of recovered and is captured, materials are waste characterization of the waste recycled material sorted and charecterization and allocated to steam, Including and all process processed for for the facility. the appropriate disposed resklue. residues by oplimum jurisdiction. Check all that apply weight. diversion. RECYCLABLES Name of Facility: Sun Valley Paper (N applicable) Address: 8701 San Fernando Rd Sun Valley, CA 91352 Telephone: (818)767-8984 Materials accepted: Comrldngled recycling to Include paper. cardboard, chipboard, artons. metals (aluminwn, Un, metal and bi-metal core), glase plastics #147 Materials rejected: Contaminated paper, broken glass, other plastics, hazardous materials, electrical cards, cloWfabrle, appllarims, mini blinds, kitchen utensils, lawn furniture, garden hoses, rubber bass, construdon materiel Intlhxs asphalt concrete wood a wood products) Methodology used ® A waste IT) Each vehicle is © The materials ,® Each outbound ® All residue for allocating characterization is welghted at the aro then delivered commodity weight materials are materials or conducted to certuted scales to the processing Is collected and tracked based determining allocate each type and a tam weight area where all reccnaled with the upon the waste Jurisdctbn oforigin of recovered and is captured. materials are waste characterization of the waste recycled material sorted and characterizeton and allocated to stream, Including and all process processed for for the facility. the appropriate disposed residue. residues by optimum jurisdkbw. Check an that apply wei hL diversion. GREEN WASTE Name of Facility: Rent -a -Bin Address: 2DB33 Santa Cara St Canyon Country, CA 91355 Telephone: (661)252-0023 Materials accepted; Green waste mark construction and debris drywall Materials rejected: Asbestos hazardous waste universal waste, and green waste Methodology used ® Green waste ® The green waste will IM Each load of green ❑ The fadnly will Ise for allocating materials" be be hauled from the waste delivered will be the green waste as materials or collected and truck directly to the allocated based upon Alternative Daily Cover determining transported in the same fad6ty. tare weights on tons (ADC) program Jurisdiction of origin manner as solid waste. delivered. of the wasta stream, Including disposed residue. Check an that apply Proposal for 84 Countyrc Los Angelos ® B RRTEC Commardal Services `We'll joke Care OMP 144 PW -18 (Santa Cladta) - Continued GREEN WASTE Name of Facility Community Recycling Address: 9147 De Gama Ave Sun Valley, CA 91352 Telephone: (818) 767-0675 Materials a ted: Trash corsdrudon debris green waste dean scrap metal food waste and commingled recycling Materials rejected: Hazardous waste, liquid waste, asbestos, pants, solvents, sewagelsludge, barrel drama, vehicle batteries, oil, antifreeze, fires, dead animas, refrigerators, air conditioners, contaminated soils, red bag medical televisk, u�twsle rtmwavas fluorescent lights, treated wood railroad Use. waste corm els Jc Mel4odology used ® Green waste ®The green waste will © Each load of gra 0 The fadliy, will use for alocatmg materials will be be hauled from the waste delivered will be the green waste as materials or collected and truck directly to the allocated based upon Altemative Daly Cwer determining transported in the same facility. tare weights on tons (ADC) program. jurisdiction of origin manner as wild waste. delivered. of the waste stream, Induding disposed residue. Chock all that GREEN WABTE Name of Facility. California Wood Recycling Address: - 2950 Johnson Dr, Ste 101 Venture, CA 93003 Telephone: (805)650-1616 Matedas amapted: Curbstda green waste. mixed wood wane, dean wood 'xaste. dean Sre0 trNnmings, duan Use d1i1a, mixed landscape waste Malarias r 'acted: Sfinel sweepings, clean food waste nixed food waste C&D waste munIcIpai solid waste Methodology used W Greco waste © The green waste will ® Each load of green ❑ The facility will use for allocating materials will be be hauled from the waste delivered will be the green waste as materials collected and truck directly to the allocated based upon Altema0w Daily Cover detennlning transported In the same facilitytare weights on tae (ADC) program. Jurisdiction of algin manner as solid waste. delivered. of the waste stream, Including disposed residue. Check at that apply BULKY ITEMS Name of Facility: Burbank Recycling Address: 250 S. Flower Burbank CA 91502 Telephone: (816) 841-9700 Mateiiassaxipbd: Commingled rwydables to Include metals, glass, HDPE mixed cola, HDPE natured, mixed injection tlxa carQwarC tin PET lasec LOPE clear Sm and wood Maedas 'acted: Green waste food waste wet waste Medtodolo9Y used ® The facility Will record all ® The Willy will report all ® All metedas recovered we for allocating bulky Items delivered and materials based upon the allocated based upon weight and materials or recovered. Jurisdiction of generation. jurisdiction of generation. determining jurisdiction of origin of the waste stream, including disposed r U'e Check all that a Proposal for 85 County of Los Angeles ® BURRTEC Commercial Services We'll Take Care Of L' 145 PWAA fRanla Cladtat BULKYITEMS Name of Facility, Community Recycling Address: 9147 Oe Ganno Ave Sun Valley, CA 91352 Telephone: (81 B) 767-0675 Materials ted: _TmsJ construction debris green waste clean scrap metal food waste and commingled recydabla Mafcrlals mjecfed: Hazardous waste, liquid waste, asbestos, Paints, solvents, sew8gelsludge, barrel drums, vehicle batteries, 08, antifreeze, tires, dead animals, refrigerators, air condtoners, contaminated soils, red bag medical waste rstelevisions a -waste mlQoweves fluOfeBoerd I' his treated wood, milmed ties, Methoddogy used ® The facility will record all ® The facility will report all © All materials recovered are for allocating bulky dent delivered and materials based upon the allocated based upon weight and materials or recovered. Jurisdiction of generation. Jurisdiction of generation, determining Judedcton of origin of the waste stream, Including disposed residue. Check all that apply BULKY ITEMS Name of Facility: Sun Valley Paper Address: 8701 San Fernando Rd Sun Valley, CA 91352 Telephone: (818) 767-8984 Matedals accepted: Canningied recycling to Include paper, cardboard, ch4board, cartons, metals (aluminum, tln, metal and Wrnefal rens lastcs#]#7 Materiels rejected: Conterrdnerted paper, broken glass, eller P1800s, hazardous materials, electrical cords, clotlVfebric, appliances, mini blinds, kitchen utensils, lawn fumlture, garden hoses, rubber tires, construction material Inductngaseta,WnCreftwoodowood duds Methodology used ® The facility will record all ®The fedGry win report an O All materials recovered are for allocating bulky items delivered and materials based upon the allocated based upon weight and materials or determining recovered. jurisdiction of generation. Jurisdiction of generation, Junsddlon of origin of five waste stream. Including disposed residue. Check all that apDIY ELECTRONIC Name of Feciity: ERecycler WASTE Address: 7230 Pederson Ln Paramount CA 90723 Telephone: (800) 795-0993 Materials ampi'd: Televisions, computers. DVDNCR Prayers, coPy/fax machin-, lelephones/answering machi x . rudioshtereo equipment. CO lo era connectors andcables ell carsumo elactrmlce Materiels r Bed: lances batfedes II htl and hazardous waste Methodology used 0 An electronic "Ste are weighted and allocated ® All materiels recovered under this Program are for allocating per commodity type and weight. recorded and reported back to us and the State of materials or California. detemMning Jurisdiction of origin of the waste stream, Including disposed residue. Check ell thalapplit Proposal for 86 Coof Las Mge® BURRTEC Commercial Servicess "We'll Take Care Of],- 146 fL"146 PWAO (Santa Madill) -Continued CONSTRUCTION Nameof Facilby: Chiquiha LarMNI AND DEMOLITION Address: 29201 Henry Maya Dr DEBRIS CastaIG CA 91384 Telephone: (661) 257-3655 Materials axe ted: Municipal solid wastegreen waste construction & denwli6on debits, e+waste for MOOIng Materials rejected Paints, oil, bs8edes, pesticides, anb•freeze, fluorescent lights, propane tanks, hazardous waste, bio - hazardous waste refrigerators, air conditioners Methodology used ® The facility will record all C&D W The facility will report all ® All materials recovered are for allocating delivered and recovered, materials based upon the allocated based upon weight and materfals or jurisdiction of generation. Jurisdiction of generation. dalernining Jurisdiction of origin o1 the waste steam, including disposed residue. Check all that apply CONSTRUCTION Name of Facility: Renta -Sin AND DEMOLTTION Address: 20833 Santa Clara St DEBRIS Canyon County. CA 91355 Telephone: (661)252-0023 Green waste Inert, conslnsbon and debts, II Materials acre bit: Materials rejected Hazardous waste universal waste and refuse Methodology used ® The Witty will record all C&D ® The facility will report all ® All meleriala recovered are for allocating delivered and recovered. materials based upon the allocated based upon weight and materials« Jurisdiction of generallon. Jurtsdction of generation. determining Jurisdiction of origin of this waste steam, Including disposed residue. Check all that apply FOOD WASTE Nameof Facility: CommunityRecycling Address: 9147 De Gann Ave Sun valley, CA 91352 Telephone: (818) 767-0675 Trash, construction debris reen waste clean scrap metal food and carrel led idables Mabriels soca fed: Materials rejected: Hazardous waste, liquid waste, asbestos, paints, solvents, sewage! sludge, barrel dame, vehfda batteries, ail, antiheeze, tires, dead anknala, refrigerators, air conditioners, contaminated soils, red bag medical waste computers, televisions a wssle miaaxa les fluorescent lights, treated wood ralimad bars. Methoddogy used ® The facility will record all food © The facility, will report all ® All materials recovered are for allocating waste delivered and recovered. materials based upon the allocated based upon weight and materialsor jurisdiction of generation. Jurisdiction of generation. determining jurisdiction of origin of the waste stream, Including disposed residue. Check all that Proposal for 87 County of Los Angeles ® pu)RRTEC CommeMi5l SBNiCea N-e'll Take Care Of It" 147 PW -18 (Santa Clartfal - Cordtnued FOOD WASTE Name o1 Fac ltty: West Vetby MRF Add,ms: 13373 Napa St Fmtene. CA 92335 Telephone: (tim 8940911 Materials acwpted: Canmtegled recycebles to Include meta* plass. HOPE mood color, HOPE rehaal, mood Injection Plestica, Paper, cwcboad, tin, PET plasdo, IDPE clear film. StynYoam. glee,, and wood waste, aonetructlon debris, food Waste. appliances, rerrigerstom, a4 condtbns, eornputsm, teladslpa, mlaowavM data and tiles Mderleb rejected: Hazakdoue waste, IIquN waab, asbestos. Paints, solvents. sevwge'atudge, barrel drum, vehicle bettcpa, 00, antdree ne dead animas, oortaMneted sols, red bag medical wash, fluorescent lights, and treated wood. Methodology used IMThe fadety Wil rsosd all hod ®The locale* wID report all ®Aa metedata recovaied an for allocating waste deWered and mmvered. materials based upon tln allocated based upon weigh mid materials or judsdlodon or generation, ImisAgNn of generaWn. delemining jurfcdceon of mkjn ado waste stream, inducing otaposec nutrias Check afl t aI OTHER Name or Factllty. (Please "City) Addese: Telephone: Materials accepted: Matedws . Methodology used for asocaeng matedals a detemddng huisdctim of origin of the waste Stamm, Inclukeng disposedresidue. Chedk m tat appN, 4D Title- President February 6 2012 Pmposal for 88 Courtly of Los Angeles Commercial Services ® BURRTEC we'u race Core Ofn^ 148 FORM PW -19 SERVICE AREA CHECKLIST Please identify each unincorporated community you currently provide service to with a'C' and Identify each unlnoorporated community you pian to provide service to with a'P' (check all that apply). See additional maps for reference. if you provide service throughout AH of the unincorporated areas please check hero ❑ If you plan to provide service throughout all of the unincorporated areas please check here co Name of pVW> J6rmXIj Cde Burt Title: President Date: February6, 2012 Proposal for L es BURRTEC or Los agates Commardal Services Wr91 T." Care O/rr' 149 0 im a cam Y 23 y R $ m FORM PW -20 (Azusa) VEHICLE INFORMATION Promptly update the following Information as you replace listed vehicles. MAINTENANCE YARD or other storage location (where you perk vehicles either overnight or when not in use) Street address: 1017 W. Gladstone St City: Anse VEHICLE INVENTORYLLI (Each vehicle that you will use in the unincorporated area of the County to coiled, transport and discharge solid waste), Including primary and back-up vehicles. ("Please make additional copies if needed") County wig issue you this number of decals which you must place on each vehicle. Make MOON (frond, Year rear MOW. etc) FUN lype (CNG, Diesel. e4c) Capatlly (tons) V911kle IOen0Ere0on N0. MN) VetYtle LlOenee No. P D_; a nickv within Autocer Frontloader 2009 CNO 9.5 6VCD06LE49H2OBB59 '01171372 5% Atlucar Fratboader 2009 CNG 9.5 MIDULEX9N209041 OW62896 5% Volvo Rol -Of 1996 Diesel 12 4V6DCFFD1VR730735 BM54024 5% Iwi/� IIIc%�/. i Ti6e: President Date: February 6, 2012 C FORM PW -20 (Pomona) VEHICLE INFORMATION Promptly update the fallowing Information as you replace listed vehicles. MAINTENANCE YARD or other storage location (where you park vehicles either overnight or when not in use) Street address: 1250 E. Holt Blvd City: Pomona VEHICLE INVENTORY UST: (Each vehicle that you will use In the unincorporated area of the County to collect, transport and discharge solid waste), including primary and back-up vehicles. ("Please make additional copies if needed—) County wNi Issue you this number of decals which you must place on each vehicle. moo Model tsonL roar loader. nn) Year Fuel Type (CNC. Dinel, em) Cap6olly (lana) VeMda WenWlrallon No. MN) VMlde Llce ae No. Percentage veMcle wa be eervkirq wadn urinwr hsd Canty meso While FroN>oader 1997 Dlmel 9.5 4VMDCKBE6VR739054 6023405 20% white Rdi-08 1994 Diesel 11.5 4V2DCFMD3RN879994 7545860 20% Tlte: Presklent Date: February 6, 2012 Z ti FORM PW -20 (Santa Clarita) VEHICLE INFORMATION Promptly update the following information as you replace listed vehicles. MAINTENANCE YARD or other storage location (where you park vehicles either overnight or when not In use) Street address: 26000 Springbrook Ave. Sts 101 City. Santa Cladta VEHICLE INVENTORY LIST: (Each vehicle that you will use in the unincorporated area of the County to collect, transport, and discharge solid waste). Including primary and back-up vehicles. ("Please make additional coples If needed") County Will Issue you this number o1 decals whkh you must place w each vehicle. Make ModN (eonl. rear badr, et) Year FUN Type (CNG, D"W. et) CeDedtY (oro) vetdde Identimw Nw (VIN) Vetdde Lkxnee Nw Parcenbpa vehicle *I be swAdrq �HNN unhnorpmaled Cowry areae Volvo Frondoader 1899 Dieael 10 4VMDCKHE7XN785185 802631a 100% Volvo Fronticeder 1989 Dime) 10 4VMDCMEXI(N766= 8028312 100% Volvo Roll -0111 1996 Diesel 10 4V5DCFFDSTR727530 8M54023 100% White Roll -Off 1994 Dlesel 10 4V2DCFMD5RN879985 TF90544 100% Name of person I e Bun Signed Title: President Date: February 6,2012 EXHIBIT 2 (Annexed Area) .,S CCLAB>D, Active Annexations (Esknabd Coipklbn W.. &I*d An Onma,} ElElamem Canyon-Bo6Act Expx1W CargYe4mtJ. 14, 3012_ ®Soloa.d Comnrona-1921 Men EW&a,,a Co,pb6m.'Jax14, 3011 Coppxsmoa-68MAa ftoongd Can,h m[J. 14. M2 Mkst Santl Cany.w ' Fd@ Fah CaMRanoh-19B4.MM s ' E,p WCa VeOon: Snnbah 2012 Nodand Roatl -186.88 Aaaa 6yeibd Conglalim' OeanAe✓ 20tt NoM CoppelhN -2,475.68 Asea ExpeGiM CorAdab'vn:OaunWx3012 sooty Sand Canyon - 698.99A Bpiw Coal Wn'Oacntlei M2 AY4 ` EXffiBIT "T' LEGAL DESCRJPTI0N _ANNEXATION NO. 2,010-10 TO THE CITY OF SA•I U CIARTTA "COPPI TONG" flat portion of the Rancho Sari H'rancisco i the County of Los Angeles, State of California'as shown on nap recorded in Book'l pages 521 and 522, Of patents, in the office of the County Recorder of .said county described' as follows: Beginning at'the point of intarsection of the centerline Of Copper Wll Drive with the centerlire of DeOOZO-kive as shown, on: -Map of Tract No. 48202 filed in Book 525.6 ?ages 9 throug2, 12 inclusive, of Maps,. in sei•d office of the County Rem;Cuml,'as point being on a a curve, is said: cente=l:,ug of Copper_H"1 .Drive,.conc#f_ northwesterly having a• radius of ' 1750.Qq.fest,'.a'radial line, through said point bears Nort. 33°12'46" test, said. point also being — angle point on the boundary of the .City of Santa merits as the'sems existed on October 14, 2010; thence' (C1) leaving said boundary of the City of Santa Clarita and northeasterly along said centerline of Copper Hill Drive and said curve and along the centerline of Copper Sill Drive as shown on nap of Tract No. 48202–D•4 filed in Book 1247 pages 55 through 61. inclusive, of said Maps through a central angle of 27°05120" aa.arc distance of 8.27.38 feet to'the.point of intersection, of last said centerline with.the northwesterly prolongation. of the northeasterly line of Lot. 31 of said Tract No. 48202=04; thence (L2) radiel to said curve and alohg said prolongation and along said northeasterly line South' 60°18'06" East 127.90 feet to an angle point.. thsrein; thence (t3) along the northwest&rly line cf said Lot 37 Noxth.73•'46'19" East 1473.51 feet to the most easterly corner of said Ldt 37 also being the X:\ADrxTN\W03D DOOs\T�.:6.L-,5\E%' 3T5\6000 3y32B=Ts\e-51 COP ✓MSTONE'•P}Ild'�.' 2010-10 Zrl-t)OC l A� northeasterly corner of Tract No. 46202-05 as shown on map .filed in Boo 1246 Pages.24.through 33 inclusive, of spid Zaps;'thence (Lg) along .the geaeral;aastTract No.: 48202-05 the srly boundary'of se -id following 25 courses, 'South 15°49'58" East 204.97 feat,'' thence south 49°23'06".East 74.35 faet, thence (16) South 14°01134" West '77.56 feet;'theuce (L7) North 83°05`11" vest 77.10 feet; thence (LB) South 64°35106 West 80.82'feet; thence (19) south 09°26104" West 78.56 fast; thence' (110) South 35°50133" East 50.72 feet thence (111) S6uth 72056122" East '60.99 fast, thence (112) South 69°33139" East 58.92, feet; whence (113) Bond 36038159" East 51,98 feet; thence (114) south I4045'02" East 56.66 feet; thence (115) Sout9 07°42'25" r,ast 73.95 .feet; thence (L16) South .16021136" Bast 86.43 feet; thence (117) 'SaWt:4'0'590B'45." East. 133.63 feet; thence MIB).Boii`h: 00`'05'01" East 76.,93 feet; thence (119') South 03°03157" West 12 8. 63feet; thence (120) South•29°12'l3" WOst 41.03 feet; thence . (L21) south 52042'43" West 41.79 feet; thence (L22) South 43°33'28" West 59.61 feet; thence . (L23) South•09°21'05" West 182:50 feet; thence:, (124) South 26089'52",£ast•45.35 feet; thence (125) South 41005124" East 66..03 feet; thenpe (1,26) South 33°09'43" East 128:67 feet;. thence (L27) South .17°13133" East 35.05 feet; thence (L28) south'05°54'53" East 362.09.feet to an ai£g1Q Point in the easterly line of lot 10 of said.Tiact 00, 48202-05; thence , (L29)• along said .easterly line -and. ita proldlgation-south. 02'39.'35" West 49.45 feet to a.pain t of•intersectiop with the centerline -of becoro Drive. as siiowa on map of Parcel. iAp No. 24981 filed in Bpok 26$ pages.. 51 %:\AM;v\-pDRD DOCS\1^°GAi+S\EBHSEITS\8000 n"la'6'IaI'^B\8551 •CO??53STONa, ANYAX 2010-10 5k3.DOC r Y: EXHIBIT "2" Page 3 of 40 $€ (.Z31) along said boundary North W39135" East 40.00 '".�eet to' an angle • Voint iherein; thence (132) continuing along said boundary,.North•67'20'25' West 69:49 feet to an angle point therein; thence (133) continuing along. said. boundary ?forth B7°21'30" West 128'.32 feet to the beginning o£ a tangent -curve concave northerly Having a radius of .2560AD feet; thence (04)'. westerly along said boufidary. and along last'said curve and along the' northerly line of said beooxo Drive through .a central angle' of , 18031'00" an arc distance of 827.33 feet to an angle poirit in .said boundary; thence .. (t35) along said boundary and radial to fast said curve South..21°09`30"1 West 40,00 net to an angle point. Herein on tube centerline of Bald . Deeoro Drive 'also being a aoint-at the beginning of a curve concave northeasterly having a radius of 2600.D0 feet, to which last said course is radial; thence (C36)_ acrthwesterly along said bpuadary and last said curve and along ' sAid"centerline..oi Decoro Drive, through a•central angle. of 30°46'52" an arc distance of 1396.80 feet; thence (337) along said boundary and tangent to last said curve North. 38003138". West'92.97 feet to tie point of.beginning. Containing 68.86 acres; more or less. LAND NO.4652 rj'lf DF CAUF\� X: =1527S\8551 COYY'3RST_D}^l, ANNE% 2010-10 B.:3. DOC - -., PORTOR OF RANCHO SAW FRANCI5CO BOOK t P6S.'52i-522, OF.PA�INT5 iwtroa w • .• / NIIL w�l A • • ,M } (���wwwn ��c�n /Y' F p�ll�'. D�il` ..i��,�1a� Ma nx�t usmM MwroAI /W1wA�mnb.mwgn mnlEprcof MalALValm ' pziwtt-[mPNIN1. MolF%AIIGUIMYAz _ � _ __ —_ -�� - `— C%�*aWfvsmWamnPmsmi¢xvw.non4ms'wmua°f � EXFDBPf " 2" Page 4 of 40 S t EXHIBIT "T' Page 5 of 40 EXHIBIT "T' ai a 6a AA?VEXA TION N0.1011-03 TO THE CITY OF SANTA CLAIUTA "ELSMERE CANYON" Those' portions of Section 7 and Sectio*+ 18 in Township 3 North, Range . 15 Rest, and those portions of Fractional Sections 12 and13 in Township 3 North, Range 16 West, San Bernardino Meridien, • all according to the official plats thereof, in the unincorporated territory of the County of Los Angeles, State of California together with that _portion of the Rancho San Francisco as shown on map recorded in Book 1 Pages 821 and 522 of Patents, in the of=ice Of the' County Recorder of said County described as a w;pole as follows: Beg=' ng at the east quarter corner of said Section' 7, said cones __..__., ...... _: ... ._ ....:. .oeisg e point on the boundary of the City 'o£ Santa Claritin as the san e existed on January 11, 2011; thence (L1) leaving said boundary and along the easterly line of the southeast quarter of said Section 7 South 00059121" West 2905.83 feet to the northeast corner o; said Section 18; thence (L2)•along,the northerly line of the northeast qu=arter of said Section 18 North 89°28'32" West 1083.57 feet to the northeasterly coraer of the northwest quarter of the northeast quarter of said Section 18 as described in Parcel 4 in, deed to said City of Santa Clarita recorded. October 29, 2010 as instrumep` no. 201DIS52982'of official Records' in said office of the County Recorder; thence (L3)•along the easterly line of last said northwest quarter of the northeast quarter and along the easterly line of the southwest quarter. of the northeast quarter of said Section 18 as described in Parcels 3 and 4 of last said 'deed South 02°05159' West 2607.54 feet to the. %:\&MaV\WORD D'J.s\LEGRLS\s, Z =S\8000 E%a?EIM8560 EXE ELSMU CRN pNts:%.DOC n9. i EXHIBIT "2' lPage 6 of 40 ?r southeasterly corner' of .said . southwest' quarter: of the .northeast quarter; thence '(1,4) along the south line of the northeast quarter of said. 9er„tion 18 South 89°38'53" West 1220,.49 feet to- the southeasterly 'corner 'of the northwest quarter of* said Section 18; thence (LS) along the south lire of last said northwest cuaxter .South 89°381530•West 2548.87 feet to the west quarter, corner of said Section 18; thence' (L6) along the 'south :line of the, northeast quarter of said Fractional ' Section 13 North 86°39'15" West 973.29 feet to a"'point on the centerline. of e Antelope.. Freeway (State Hiy 'thnway 14),, also being a point on the boundary..of the City of Santa Clarita as the same,., existed on January 11,.2011; thence (L7) along said centerline 'and along .last said boundary No_nY li 18°56'51" .East 128.86 6. feet to the beginning ,of a tangentcurve concave westerly having a radius of 3500.-00 feetr thence (C8) northerly along' said centerline and along last said boundary and SRid._.curve `hxnpgh a central,..angle,,,,o ...3,L'58129" an arc . eistance of 2136:48 fast; thence (L9) .continuing along said centerline and -.last said boundary and tangent to said curve North 16°01138" West 19D8.77 fleet :to the beginning of a tangent curve concave easterly having a radius of 3000.00 feet; thence (C10) continuing. northerly along Said centerline and last said. boundary and -last said curve through a central angle of 40052122" an arc distance of 2140.0'9'feet; thence . (L11) continuing along said centerline and last said boundary 'and tangent to last said curve North 24°50'44" Eas$ 645.22 ..feet t.: an. angle point in said boundaof the City of Santa Clarita;•thence .y (1,12) .leaving said centerline— and along last said 'boundary the following 7`courses, South 8b°09''09" east 872.20 feet; thence (L13) South.BV2.2114 East 1285.70 feet' thence 3§4 97 feet; thence (L14) South'•00°2'8 31",East, X: �AD*SaN\Fi�RD DOCH\iEFFYH\�I82?a\HD�O vICHIBI=S�HSoO 31CH Ei+S'^-e+'=. CiN P1vN:X•DOC • -- -::.- -- -- -77 - - - I _ . EXHIEIT "2" i Page 7 of 40 p (115) South 89°07146° East 1291.28 feet; thence ; .,(116) South 89°07 39" East 1268.02 feet; thence (117) South 00°36105" East 652.49 feet; thence f (i18) South 89°09154" East 1250.57 feet to the point;of hieginning.'. Containing 806.52 acres, more or less. MAO • I X.\A[PffA'\WORD DOCSVL 6 S\EXMIT8\8000 EXEL9T_P8\8550 EXa EL5K4R� CYN $WWjY. • MSV g W', �r ID 1alE mm,vW4 , i n9a Ima NMIXATION .20 `� 6Y11'M4611E SYI 1/1 ,� ��:siiFHN� °it+ Iona atj sNmE1 MAI%nl 70TIEg1Y OF 9AMWpINU sttule IE mEI 1/IMI IE IIE IE Wlce la O �,t .{✓�> "{. Z] ,eF '1cp'56is 'gy®EEGWIPf WI, PIA s➢H. SIY NIE 611E EE l/16RP Rflenu nE l//Stt. 10 Wl M. SN1 i0 UII� M1IiN. 6%l ��e'ar�V•l iE"�y�,.MY'�"'i4 �INc f3R LIB N._ d k\%`mKr\eql]\F110&I�\69�PENMiwPAlalme>-IIt1a.Y1N � _ � ` ENMIT tat„ Page 8 of 40 r ' y�b'wyK �1LY+ spI PIARL t1EY1B6 V mLL.%tam 4 l mRiO1Stt If9R1 I� mB40%S_m � 9 SA1.N4alI .. aS3YeeLa13 1-4 mna%m i zlsii°el%.a°i B I - iirv%wvz B3oo4ma C(((Ir - - �py„ EvvW42N ' Ev1M4ffi_ � NF/.:If5aNa6 )jY��(( 3504Wtm R14q V3Y j,� 1 lLi1W4Re ma.ersvv maeolcva l%B qa LE zv+e.vsaR- eav ou.a lva.wars 3BAe-0159% Zlilgl901 zgvmvevi z%emswa lia¢msmv g W', �r ID 1alE mm,vW4 , i n9a Ima NMIXATION .20 `� 6Y11'M4611E SYI 1/1 ,� ��:siiFHN� °it+ Iona atj sNmE1 MAI%nl 70TIEg1Y OF 9AMWpINU sttule IE mEI 1/IMI IE IIE IE Wlce la O �,t .{✓�> "{. Z] ,eF '1cp'56is 'gy®EEGWIPf WI, PIA s➢H. SIY NIE 611E EE l/16RP Rflenu nE l//Stt. 10 Wl M. SN1 i0 UII� M1IiN. 6%l ��e'ar�V•l iE"�y�,.MY'�"'i4 �INc f3R LIB N._ d k\%`mKr\eql]\F110&I�\69�PENMiwPAlalme>-IIt1a.Y1N � _ � ` ENMIT tat„ Page 8 of 40 r ' I V . .. IWWI IIUNIAMti lY/ i; ' RJ111 IN RSi N IN I� 21y x 1. zla x IN ` yM IT It] Ra N IT 1, L5GFNr) I r' ' NiIWAL1IOWIMIMY- j Easnlw arc mwmnnr--^---- � NF/.:If5aNa6 g W', �r ID 1alE mm,vW4 , i n9a Ima NMIXATION .20 `� 6Y11'M4611E SYI 1/1 ,� ��:siiFHN� °it+ Iona atj sNmE1 MAI%nl 70TIEg1Y OF 9AMWpINU sttule IE mEI 1/IMI IE IIE IE Wlce la O �,t .{✓�> "{. Z] ,eF '1cp'56is 'gy®EEGWIPf WI, PIA s➢H. SIY NIE 611E EE l/16RP Rflenu nE l//Stt. 10 Wl M. SN1 i0 UII� M1IiN. 6%l ��e'ar�V•l iE"�y�,.MY'�"'i4 �INc f3R LIB N._ d k\%`mKr\eql]\F110&I�\69�PENMiwPAlalme>-IIt1a.Y1N � _ � ` ENMIT tat„ Page 8 of 40 r ' EXHIBIT "2" LEGAL ANNEXATIOAT No. TO THE G'ITY OF. SANTA CL.ik=A N0R`IH COPPER HTT'7'' EXHIBIT "2" Page 9 of 40 ;hose .portions of Sections 5, 6, • 7 and 8, Township 4 North, Range . 15 West and those portions of Sections 1 .and 2, Township 4 North, Range 16 West and those portions of section 31, Township .5 North, P.asge 15 West and those portions of Sections 35 and 36, Township 5 North, Range 3:6 west, a!! of San Bernardino Meridian in the County Of Los Ar-geles, State.of'California described as follows., Beginning at the northeast corner of said Section.6; thence (L1) along the east line of said Section 6 South 01°49`09" �abt• -- 2321.64 feet to a point on the centarline of .Bouquet Canyon Road as s2icivm 'bh'm±,p.'df'Tract No 35157 filed in Book '1095 pages 4.8 to 55 inclusive, of Saps, in the office of the County Recorder. of said County; thence (12) along said cents=line south 59°53156" West 320.18 feet to a point on the north line of the southeast quarter of said Section 6; thence (13) along said north line North 89°47'35" East 254.85 feet to the northwest corner of the.southwest quarter of said Section 5; thence (L4) along the north line of said southwest quarter of Section 5 South -89°07'07" Bast 1272.62 feet to the east line of the northwest quarter of the southwest craarter of said Section 5; thence. (L5)along .last said east line South 02°18154" West 1315.34 feet, to the south line of last .said no quarter of the southwest quarter; thence (L6) along last said south line North '8805838" West. 1176.06 feet- to the northwesterly corner of Lot 170- of' Tract No. 45268 as shown,,on map filed in Book 1.141 pages 1 to 12 inclusive, 'of said Laps; tli.ence r . X:'\ADNL•N\No:3D 90CS\jZQUS\W..33ITS\SD00 MT-SITS\8562 MCE.Wr EXEM "2" Page 10 of 40 7I_M7_7—-7' said LH and northwesterly lines.1-jL7) along the southwesterly thence as follows, South o1c01'22" 'East 14.73 tet .;[ 9 South East 334.06 feet, ' :(Lg) South 56*22i51".tast 117.00 fast, thence (LIO) South 60O59137ff East 697:63 feet; thence (11-1) south 27.039'09,r West .367.4 feet; - thence said. to the westerly line 'O!C. t (L12) South 78b56'48o West159.54 feet. Road as 'shown . i on . y line of Santa Catarina Lot 170 oil the noxthesalte�rl said map Of Tract :No. 46268 and a of Tract No. 46269 a .shown on Map ', of said Maps; thenO6 riled in Book 1234 pages 50 to 61 -Inclusive . 0 V-5DI51" Ba-st­82-.05 13) :a -'Ong last said. n6rths&st�exly line South (L theastemly. having feet to the beginning Of a tangent curve cOnOe7e nor .7 a,radjus of 468.00 feet;. thence . (C14) contnuing al 6ng last said northeasterly line and southeasterly -i along last said cur.va through a osntxaleagle of 29°49'26" &A arc distance of 243:61 fsat,.thence Mj n' ent to —continuing along last said. _,heas:�sriY line and (115-y . - fse� to the -northwesterly laa%E-.T2jd O'CLT76"ScUth -3V49'17"' East 69-60 corner of Lot 116 Of said Tract No. 46269; thence . 6) along the northwesterly line Of said Lot 116 North'' 78 ' -56'48- ly corner of said Tract NO, 46269? East 141.34 feet to the northeaster thence'46269 as follows, (LII) along the, easterly line of said Tract NO - south -28°441300 East 341.35 ftet)r tbmnc*' (L18) South 03011126" East 60-DO.f set; thence (zlq) south 09038'05;' East 66.58 fest; thence cotner Of 192.94 feet: to the southeasterly 00-24116- West (L20) south Lot 108 'of said Tract No. 46269; thence easterly. line -to' go West 64.00 -feet along last'said iaid (L21)!South j8*3312 rtbr of rein on the no so . terly ,.3.ine 'of Lot..107 ,said p an angle . oin, the southwesterly having radius.msd- Of. Tract Tra . 46 . 269'on a. curve concave 318.00. feet through wiliOn lest said course is •radial; thence: BXEI ZTS\8582 ZY_-.DDCI\. EXHIBIT "2" Page 11 of 40 II • :. i _ _ _ 5555 -- - --- - ' .I(C22) southeasterly along last said curve and along ._i no— neasterly ±.. 4inethrough a central angle of 1°50'01" an arc distance of 10.18 feet to the northeasterly corner •of.said Lof. 107; thence. .(123) continuing -along said easterly Sine of Tract No. 46269 the. following three courses; South 15°32'38'. West. 156.15.feet; the (124). South 22021152" West 58.15 feet; thence (L25) South 32'31'58" West 165.85 feet; thence (L26) continuing along said easterly line of Tract No. 46269 and along the easterly line of Tract No. 46270 as shown on map filed in Book 1234 pages 40 to .49 inclusive, of.. said Maps as follows,. South 38°18`20" West 455.49 feet; thence (L27) South 25°11107" West'.140.33 feet; thence (128) South 13007135" West 61.44 feet; thence (L29)' South 07052146" West 50.91 -ieet;.thenee (L30) South 07°33'05" West 174.40 feet; thence (L31) South 04°48'44"West 43.09 feet; thence (L32) South 01°33143" East 345.76 feet to the southeasterly cc=er of... _ Lot 78 of said Tract. No. -46270 .being- -a point on the nartherly._line of::, Plum Canyon Road as, shown on said nap of Tract No. 462"10 and as shown on nap of Tract No. 31158'filed in Book 1246 pages 20 to 24 inclusive, of said Maps and as shown on map of Tract No. 44966 filed in Book 1140' pages 78 to 86 inclusive, of said Maps; thence (L33) South 08026158" Bast 50.00 feet to a point on the centerline of said Plum Canyon Road being a point on a curve concave northerly having a radius 'of 3100.00. feet; to which last said course is ra.dial;. . thence (C34) westerly along last said centerline and said curve as fbllows, through a central angle of ,12056136" ,an arc distance of 694.89 feet; . thence (L35) tangent to last said curve North 85°36'22" West 445_.21 feet 'to the beginning of a tangent curve concave northeasterly 'having a radius of 1200.00 feet; thence q rv, X:\ADifIIMRD D005\ISG]SS\EX=I25\8000 MMZBITS\85582 DXE.DOC \ i• EXHIDIT "2„ .I I Page 12 of 40 -raII\ ,(C36) northwesterly along last ,said curve. -and sa center ane or um �anlron Road through a. central angle of 33°12' 30" .zn' axq distance of .695.51 feet; thence r. (:,37). tangent to last 'Said .curve and along. last said centerline of �1, Canyon Road .North .52°23'52" .Hest• 273;.94. feet to the northerly.. (D2) terminus of that course shown .as North 37036' oB" _ 8aat 3.94 feet on said; map of Tract No. 44966; thence {L3B)' along .last said course South 37°36'OB� West 3.94 feet to as angle point in the.bounda� of said Tract No. 449666 and an. angle point in the boundary of ;the city of ,Santa C?atita as the same. exished on May 10, 2011; thence j (L39) along said boutdary of the City of Santa.Clarita North 49°12'30" West 15.04 feet `, to 'the beginning' of a. tangent curve concave southwesterly having a radius Af 2000.00 feet; thence (C40) continuing along said boundary of the City df Santa Cla itz along the following courses and ouzves,northxasterly along last said . curve through a central angle of, 16°55151" an zzc distancz of .591-00 _ . ee6 so. tkie ,soutbwestesly corner ,of said..Tract No. 449.66rt_ thence _� ._. (L41) North 16°32126" East 1943.20 'feet; thante. (L42) North 16°49'46" East 60.00 feet;, thence'. (443) North 73"10'14'"• West 37.50 feet; thence (L44) North 16°49'52" East 127.21 feat; thence (L45) North 88026106" West 28.00 feet; thence (L46) North 04°00'54"•West 104.41 feet; thence of a aoa- (L47). North'. 05029'i6" West 64.00.:feet to the beginning tangent curve concave northerly having a radius of 468.00 feet to which last paid course is.radialr thence (C48) westerly along last' said carve through a central angle of stance of 2.50 feet; thence 00°18'22" an arc di (L49) non-tangenf to last said curve North 02'00'1& West 183.57 feet, thence .(L50) South 89°07'x8" East 36.60 feet; thence.. (151) NcrtL 79°06'57" Nast.81.07-feet; thence: (L52) North 72°47'10" East 82.46 feet; thence . ,7[:\$p�Rp\WOAD DDCg\73'DSbaj�a2�1•t6\8000 o'�'.aT�rTa\8562 n'Y8-DOc \ r k q(;L53) North 26°58'32". West 7,05.08 feet .to a point on a. non—tangent .., . durve' bondave northwesterly having a radius of. 230.00 feet, . a radial Brie through last said point bears Noril 26049'15" West; theAce (C54) northeasterly along last said curve through a central angle of 15°51'48" an arc distance of 63.68 feet; thence (155) radia, to last said curve North 42°41'03" West. 60.00 feet; thence (L56) North 43014154" West 155.98 'feet; thence' (L57) North 22°'13'31" West 120.88 feet; thence (L58) North 07°40'37" West 343.94 feet;. thence . (L59) North 00.°10'01' East 251;00 -feet; thence (L60) North 25°44130" East 1148.04 feet; thence (L61) North 02°16150' East 1316.37 feet; thence j (L62) Smith 89047135" West 778.83 feet; thence (L63) North 00'08'41" East 1350.63 feet; thence (L64) North 89°34115" West 600.00 feat; thence _ (L65) North 89°32151:' West 1009.75 feet; thence (1'66)- South '"03°56'47"West 893.37 feet; thence _ (L67) continuing along said City boundary South 66°29131" West 89.98 feet to the beginning of a tangent curve concave northerly having a radius of 1500.00 feet; thence" (C68) westerly along last said curve through a central angle of. 54°47104" an arc distance of 1434.25 feet; thence (L69) non=tarigent to last said curve South OQ026'53" East 540.98 feet;'„ thence .(170) South 00°15'27" East 2644.81 feet; thence (L71) South 89°41'16" West 500.31 feet; thence " (L72) North 00016104" West 555.00 feet; thence (L73) South 89°41'16" West 826.54 feet; thence (L74) South 00°16121" East 555.00 feet; thence (L75) South.W 41'16" West 1179.60 feet;.thence (L76) North 11026131" West 144'.73 feet; thence (L77) North 09°41'54" East 593.86 feet; thence ' (L78) North 26°22'18" West 95'.23 feet; thence X:\ADhT=\WOSD DDCS\7.EFPLS\M33ITS\800D BXMBITS\8582 =-DOC \ ' r a EXHIBIT "2" Page 14 of 40 +e „ 9), North 10°101257 East 551.01 feet; thence i (I,807 North 89°32143" West 360.46 feet to a point at the beinnn of g g' a non-tza'gent curve concave westerly having a radius of 1540.00 feet, a. radial line through said point bears North B5°14150" West; thence '(.C91)'northexly along said curve through a central angle of 5°27x16". an arc distance of 146.60 feet thence (L82) tangent to said curve North 00042'06" West 506.63 feet to the beginning of.. a tangent w-ve • concave easterly. having a radius of c 5240:00 feet; thence (C83) northerly along last ,said curve through a central angle of . 01°55126" 'an arc distance of .175.95 feet; thence (L84) tangent, to last said curve North 01'.13'20" East, 462._74 feet to the beginning of'a tangent oxve concave southeasterly haroing a YacLus •' of 27.00 feet; thence' (CBS) northeasterly along last said curve through a* central angle of 89°59156^ an arc distance of 42.41 feet; `thence (L86) tangent to ,last. said curve Seuth 88046144" East 36.32 meet; thence.. . (L87),liorth 00°17'49" West 40.01 feet; thence of a,tz*igent (LBO) North B8045'09" West 1661.84 feet to the beg',nning curve ooncave southerly having a radius of 1200.00 feet; thence (C89) westerly along last said curve through a central angle of 20°30'25" an arc distance of 429.50 feet; thence (L90) tangent to last said curve South 70°44'26" West 370.97 feet to the beginning of a. tangent curve concave northwesterly having a radius of 1800.00 feet? thence (C91) southwesterly along .last said curve through a central angle of 28°-03!31" an are distance of 881.49 feet to the beginning. of a tangent compound curve concave northeastexly having a. radius of 1100.00 feet; thence (C92) northwesterly along last said curve through a centr'ai angle .of , 24°21'53" an.arcdistance of 467.77 feet; thence (L93)• tangent to last .said cure North 56°50'10" West 235.60 feet;. thence X:\IMUM\WORD .DOCS,,LMAM\ 'I8ITS\8000 ITS\8582 ffi- DOCr EXHIBIT' 2" Page 15 of 40 .1`(194) North 69050141" West 1360.92 feet; thence '(t95) North 00.°26'10" Rest 2472.24 feet; 'thence (L96) North 88°34155" East 1264.78 feet; thence (1-97) Nor` 06°12'05," West 1518.70 feet to the beginning of tangent. .curve concave easterly having a radius of 229.05 feet; . thence ' (C98) northerly along last said curve. through a central angle ,.of 02°55'53" an arc distance of 11.72 ,feet; thence (199) tangent to last said curve North. 03°16`12".West. 1519.17 .feet to, the beginning of a.tangent curve concave easterly having a radius of .229.05 feet; thence, (C100) northerly along last said 'curve through a central angle ,of 21°38'38'.' an arc distance of 86.53 'feet; thence (L101) tangent to last said curve North 18°22126" East 277.38 feet; . thence' (L102) South 89040112" West 1104.39 net; thence (L103) South 89°40105' Wast 448.62 fast (L104)..South 04025140" Best 116.00 feet to the beginning .of: a tangent cu*ve-concave'east ly having'a'°radius-of 400.00 -feet; thence —. (0105) southerly along last said curve through a central angle of 15°50'15" an arc distance of,110.57 feet; then (L106) non -tangent to last, said curve South 65054'19" West 123.42, Feet; thence (L107) South 24°09152" East 8.42 feet; thence (1108) 'South 66009130.': West 17.44)fset to the beginning of a.tangent curve concave southeasterly having a radius of 380..00 feet; thence (C109) southaes£erly.along.last said curve through a central angle of 14°30152" an atc distance of 96.26 feet; thence (L110) non -tangent to last said curve .North 39°06'27' West 48,.45 feet;' thence. (1-111) North 47°53150" West 34.57 feet; thence (L112) North 66°55'14" West 53,21 feet; thence ' (L113) South 47°07'15" West 31.65 flet; thence (L114) North 44°06122" West 102112 feet; thence• _ (L115) North 34034102" West' 110.22 feet;- thence . Y:\XUaN\WORD DOCS\LEQIS\EBLSITS\5000 E a- XTS\8582.A...DOC 'My vay ' A EXHIBIT "2" Page 16 of 40 .{y{L116)'South09°40'42" West 76.51 feet; thence ."(1117) South 370D3127" West 22.78 feet; thence (LJ_18)- North 51°26159" West 137.92 feet:. thence (111.9.) -'North 84°02'391"West 59.61 feet; thence (L120'). South .76'54*''14'• West 245.10 feet; thence (1,121) South 00006134" East 519.60 feet; thence (1,122) South 89°27120" West 275.50 Feet; thence (1123) South 02°58'43" West B1.39 feet; thence (1124)'North'67057'22" West'30.DO.Feet; thence (1,125) South 54°45'37" West 29.25 feet; thence (1,126) North 67°02'10" West 33.94 feet; thence (1127) South 87°07'15" West 29.94 fset; .thence (1,128) South 57°5¢:51" West 31.34 feet; thence (L129).South 31°09'31" West 75.06 feet; thence (L130) North 76035'56" West 118.81 feet; thence (L131) North 83°21'51" West 142.75 feet; ?--hence (L132)..S.auth.-81°R8'03" West 240.44 feet; 'thence ' (1133) Sou' :21?48'57" west.36':69 feet; -thence' (L134) South 23°34121" East 171.50 feet; thence (1,135) South 44`04'57" West 414. D7 feet; thence (1136) South 89°39'57" West 126.55 -feet to an angle point in said boundary. of City of Santa Clarits.at the 'southwesterly corner, of Tract .the No. 46564-03 as shown on map filed in Book 1227 pages 12 to 17 ' inclusive, of said Maps; thence- . (1,137) Is said bdundarX of the City of.SLnta Clarita and along the westerly line of said Tract No. 46564-0.3 North 00°20'03" West 628.59 -feet to an angle point therein at the west quarter corner of paid 'Section 35; ,thence . (1,136) continuing along last said westerly line North 00°19'54" West 162.85. feet to the mast. northerly corner of Lot 4 of said Tract. No.. 46564-03; thence along the northeasterly line of said Lot 4 South 59°20''12" E?st 136.25 -feet to the most westerly corner of Lot 5 of said Tract No. 46564-03 also being a point on the general westerly line of the land . Xc\-°.+�-��,\WORD DOCS\LEGH8.4\S13raiT8\8000.°'rma ms\8582 =.DOC '\. EXHIBIT 112" Page 17 of 40 described in deed recorded -November 30, 2004 as instrument no'. ,04- 3085167 of. Official Records, in the office, of'Said County ,Recorder, thence -(L140). .alongsaid general westerly line the following courses, ,North 22°17'45" East .93.42 feet; thence (L141).North 29°28'59" East 86.89 feet; thence (L142) North 53046'23" East 42.991feet; thence (L143) North 22'30'34" East 40.26 feet; 'thence (L144) North 25°051370 West 22.96 feet; thence' (L145) North 290.04132" East 92.18 feet; theace (1146) North 38°33120" West 2.7.39• feet; thence (L147) North 04659109" West 34.35 feet; thence i (L148) North 33°09117" East 41:53 feet.; thence (1149) North 07°33'51" West 37.03 -feet; thence (L150) North 06°36'57" East 51.05 feet; thence M151) North 36°45155" West 14.43 feet; thence. (L152) North 22°09'43" West ¢6:79 feet; thence i (Ll5a) North -41°42'.58". West 10.52 -eetr thence: (2134) North 27°51125" West 67.67 feet; thence (L155) North 48°48101" West 22.84 feet; thence (L156) North 71°05115" West 35.76 feet; thence (1157) North 56°32118" West 17.20 feet; thence (1158) North 02`55106" West 9.54 feet; thence (1159) North 38°04'32" East 16.20 feat; thence (L160).NoTth 55°17142" East 10.99 feet; thence (L161) South 89°52:52" East 3.18 feet; 'thence (L162) South 48'01140" East 31.06 feet; thence. j (L163) South 36001'.10" East 15.62 feet; thence i (L164) South 70°24135" East 16.37'feet; thence (L165) North 68°56'51" East 9.01 feet; thence (T4166) South 84°48'15" East 4..74 feet,, thence (L167) South 63°191¢1" East 7.04 feet; thence (L16B) North'82°49'21" East 2.16 feet; thence i (L169) North 53°05'15" East 22.35 feet; thence • %:\ADmMwodD DocsV_VGjUNMaI81=S\8000 MMMITA6582 MM.DOC •tee `. . . . ....... -7= EXHIBIT 'T' Page ig of 40 w. 4L170) North 73048'17' East 7.33 fset,, thence I {L171) s oi,-tb 82020r14n mast 59.93 feet; thence (1172) -South 53.1411.09" East 24.97 ie—; thence (L173) South 82'221-55N'.Bast 44-61 :East; thence ..(L174) North 39'0.7'45:' East 67'..32 feat; thence (L175) Nonth. 73.026'23- West 20-86 feet; thence (L.176) North 27042'58': West 30-91 feet; thence (L177) North .63*19r3-6- West 27.03. feet* thence on 'the. sqUt . h . erlY (L178) No=th . 2500128" West 73.43 feet. to, 2L Point line of Lot 3 of Tract No. 46564-04 1 as shown on map filed in Book 1248 ' pages le to 23 inclusive, of said.Maps; thence westerly line. and along said ((L179) leaving' last, said 'general southerly li erly ne Of lot 3 North .74018130' West. 355.67 feet to the. Westerly line of said Tract No. 46564-04; thence f Tract, (LI80) along last. said westerly line and the westerly line o5o to 57 inclusive, No. 46564 as shown on map filed in. Book- 1251 pages at to the nortlawast'COxner a 00*19154".West-176--79 of said_Maps North of seid-Section .35;, thence f qm&r-_er of said (LI81) along. the .northerly line 0 the northwest est I . - . Section. 35 South. 89041, 56" East 2654.06 feet to the Uort . hw corner of the northeast quarter of said section 35; thence quarter South .(LI82) along the- northerly line of said . northeast $904i'3011 East 2653.97 feet to the northwest corner of said section .36; thence northwest quarter of, said Section (11n) along the north line Of the n.o� . quarter corner of 36 South 89*44151" East 2658.82, feet to the 'north said Section 36;.thence. (L184).,along.the..nOsth line of the -northeast qu?rter of. said section 36 South 89°4,6'18"; East 2681.67 .feet to the northwest coiner of said Section, 31; thence northwest quarter of said section 31 .(7,lp5) :Along the west line of the n South feet to thd northwesterly corner .of So 00031r3$" West 1357.41 Government Lot 2 in said. section 31 .thence EXHIBIT "2" Page 19 of 40 (7,186) along the north line of said Lot 2 South 88°4x'10' East 1226.94 ' . feet to the northeasterly corner of said Lot 2; thence k r (L187) along the east line of said Lo 2 South 00035121" Wast 135i,91 fast to the north line of the southwest quarter of. said Section 31; thence (1,188) along last said.north line South 88°591.30" East 1319.95 feet to the 'center of. said Section 31; thence (L189) along the east line of last said .southwest quarter South 00035114" West 1346.37 feet to the southwesterly corner of Pescel Map 3�o, 14813. as shown on map -filed in Book 166 Pages 31 and 32, of Parcel Maps, in said office of the :County Recorder; thence (L190) along the south line of last said parcel map and along. the south 'line of Parcel Maro -No. 5827 as shown on map filed in Book 64 Page 17, of said Parcel Mans South 89°14125" East 2000.71 feet to the . west. line of last said parcel map; thence (L191) along last said west line 'South '00°28'03" West 737'.72 feet -to the south line of last said parcel map; thence.' (L-1.92) • along last said south Sine South 89°29117" East 667.4 -1 --feet to the east line of said Section 31; thence (L193) along last said east line. South 00°25'38" West 600.00: feet to the Point of Beginning. Containing 2472.88.acres, more or less. 6-/rr�2 X:\SDKN\NO4D DOCS\TEGn9\EXETSZTa\80D0 MMn.TT5N8582 EMDOC ., ` 11 ANNEXATION No: 2011-22 24W I TO THE CRY OF SAMA CLARITA 'MR77i COPPER FULL' EXHIBTf "2'• Page 21 of 40 EXHIBIT 2 ATLNEXATION NO.2010-08 TO THE CITY OF SANTA CLA.RTTA (SOLED -AD COMMONS)' ' Jt That portion of the north half of. Section; 18, Township 4 North, Range 14 West, San Bernardino Meridian' in the .County of Los Angeles, State of California described asfollowsr Beginning at the point of intersection of the westerly line of the northeast quaver of said Section 18 with the centerline of the ' Antelope Valley Freeway (State ?highway Z4), said point being on a curve concave southerly having a radius of 2D6D.OD feet, a radial line through said point bears South 070•14143" West; thence (C1) northwesterly along. said cer-terline and along said curve through -a central angle .of '00°50116 anarc distance. of .29.24 .. feet; thence (L2) along said centerline and ,tangent to said 'curve North 81°55'01" West 554.69 feet to the 'beginning of a tangent curve concave southerly having :a radius of 20D0.00.feet; thence (C3) westerly along last said curve. -And along said centerline through a central angle of 18932135," an arc distance of •647;27 feet to an angle point in the boundary of the 'City of Santa •.. Clarita as the same existed on October 6, 2010; thence ..... .... (L4) along said boundary North 03°23140" West 348.41 feet; thence (L5)' 'cohtinuing-alon_g'said''boundary 'North' 27°56'30' East 2D1. 55' feet to a point at the beginning of a non: --tangent curve concave southwesterly having a radius of 1450.00 feet, a radial line through last said point bears North 10025'12" West; thence , (C6) southeasterly along said boundary and along last said curve. through a central angle of 47°34'39" an arc distance of 1204.06 feet to the northerly boundary of said freeway; thence (L7) leaving said boundary of the City of Santa Clarita and along last said northerly boundary North 84012'52!' West 32.34 feet to. the first above -described westerly line of the northeast quarter of Section 18; thence MB) along said westerly line South 07026153" East 329.96 feet to the point of beginning. Containing 13.21 acres, more or less. CAv %:\A=U\V0aD DOCS\LBGALS\BXBIBITS\8DD0 SXIQBITS\5550 SOL=D CmmmS RNNMTICN .DDC' I � 9piU9 AREA=13.21 ACRES ew arwx. :POR N 1/2 _ BEC.. 181 T4N1 B14 Wi✓�w� _ amt-wa-® i • �� � YYM��� ���,11N11AY vALCMY pmu6v AY. W111'lalXT--,_�� . SCAM, T414a R14W, SBM I - UNINCORPORATED TEWtITORY OF ' T}IE COUNTY OF LOS ANGELES I - - - - ,D? ¢O moe RF99 Ammum,ae f I1� an ' qTl lA1OMa I� r 1. �.{ap F a,WxL min IHI9 I .,. I 31yi 'UFw NIWa9 1% S Ix • 2s9N-001-030 ! . 295/x-0�4�1-OOJ � I- i MWtE NWaIIN• i LEGEND A oam 9a�NxnY . ATEA=1ulAvas ". Y Wart 9n gem la6 SgiiA aAt9a . Aeta lout ANND'MON NO. 20%00 As aDot A9 aM1 TO T14C(iY W- SANTA QNSTA , . �solmwcaxuac NIEA pa xPa A 9EmIECm9t ____ -,1 � 1 EXHMIT ,2n :. Page 22 of 40 i E: ffiI IT "2" .TIDO TO THE CITY OF SANTA CLARTTA "'VISTA, CANYON/FAIROAKS / TAKES WAY" EYffi IT "2" Page 23 of 40 Those po_rti.ozis of Sections 21, 22, 23, 26,.27, 28, 34, and 35 in Township 4 North, Range 15 West, San Bernardino Meridian together with a portion of Section 2 in Township 3 North, Range 15 West, San Bez_.ardino Meridian, ail in the County of Los Angeles, State of. Califo_*nia described as a whole as follows: Beginning at the southeast corner of said Section 28 being a point'on the boundary of the City of Sa=ta Clarita as the same existed on 'Ja_ivary 31, 2013; thence along said City Boundary the following courses and ctl:ves': (L1) South 99004133" West 2634.89 feet; thence (L2) North 00014'39" West 2570.31 feet; thence (La) South 88°08159" East 26.80 feet; thence . " '::.....-(L41' Nart_h'46°27'40"'Fitt 392.6£'feet; thence (LS) North 03035119" East 272.19 feet; thence (L6) North 39038'15" West 503.81 feet; thence (L7) North 60007145" West 232.07 feet; thence (LB) North 71019'50" West 102.46 feet; thence (L9) North 56013123" West 231.31 feet; thence (L10) North 76°56140" West 542.10 feet; thence. (Lll) North 68°16'54" West 118.05 feet; thence (L12) North 89°06127" East 1117.06 feet; thence (113) North 00010133" West 1316.51 feet; thence (L14) South 85°56151" West 454.84 feet 'to the centerline of Sierra Highway as shown on ma? of Tract No., k3610 filed in book 1078 pages 93' to 99, inclusive of Maps, .in the office of the County Recorder of said 'County! thence X:\ARNa V0RD D0C6\LF4XTS\°..MBX?.a\8000 EXRMZS\6561 MM.DCC r. EXHIBIT "2" Page 24 of 40 jL15) along said ce4te=.jpp North rth . 40°03'07" East '2.84.70 feet to the b. beginning of a tar -gent .curve concave northwesterly having a. radius Of 3500-00 feet,' :hence p.6) continuing northeasterly along said c6nterl-.4as end. .said curve meet to of 697-'44 Through a. central angle of 11025t-02" an. arc distance tbx. 0 northwesterly having a ant C031pound r the. 1beginning of a t 'U37ve 'concave tang radius of 2750-00 fast; thence d can said curve - centerline and last (C:17) continuing northeasterly along said througha central angle •of 01*.01f09an arc distance of 48.92 feet;. thence non -tangent to last said. curve South (L18) leaving said centerline and . 66'38144' east 202.97 feet; thence (L15) North 07037feet; 56" Best . 129.91 thence _ to a point 0 said centerline. of (L20) i .qWest '161.31. fee,ortj4 6603814 4" Sierra EighWey On said curve cCQa northwesterly having a radius Of concave 7. 2750.00 Last, a radial line through said point bears North 64'59'..3 West; thence i rline._and last_said curve tbzOug —4=:). northeasterly. along s a d..centf.a central angle of 04*36'32" an arc distance,ot 221-21 feet; thence (L22) and tan continuing along said centerline gent to last said curve North 20023150" Last . -231.4.4 feet; thenceI (L23) ieaving . said centerline North. 89*16IO2" Best 2270.20 feet; thence. ) jqo-�- 00:07140N West 557.93 .-W to a Point at the beginning Of & (L24 --h havia radius of 9700.00 feet, a non. -tangent curve concave nhortheXlY .9. wept; E4ancq radial line through last said point. ears North 03941,25 (C2.5) easterly along last said curve througha central angle of 05*23'.37". an arc distance of 913-12 feet; thence South 89o5q,D911 East, 802.71 feet to (L26) non -tangent to last said curve High -way a point on the. centerline ' of the An telope Valley Freeway (State radius of 3000.00 feet, '14) on a• curve concave southatsterly having A radial line. through last said poi I nt beers South 55*53144' East; thence a X:\BDMSN4io0 .0 Dooa\,,EMS\EXRjBjTS\8000 EXMITS\8561 EXH.Doo I EXHIBIT "2" Page 25 of 40 a (C27) northeasterly' along last sa_d centers—'ne and last said. curve through a central angle of 26046'51" an arc distance of .1402.24 feet; thence (;,28) *continuing along last said centerline and tangent to last said curve North 60°53'07"•East 4430.00 feet; thence (L29) leaving last. said centerline South 00°30136" West 1241.76 feet to a point at the beginning of a non -tangent curve concave nort4erly having a radius of 1200.00' feet, a radial line through last said point bears'North 02006'19" West; thence (C30) •westerly along last 'said curve through a central angle of 08053118" an arc distance of 186.16 feet; thence (131) non -tangent, to last said curve South 02'48'4D" East 800.41 feet; thence (1:32) South 57°48'40" East 204.70 feet to a point at the .beginning of a non -tangent curve concave southeasterly having a radius of 2914.83 feet, . a radial line through last said point bears South 23012'26"•East; thencE (C33) southwesterly along last said curve through a central angle of .arc.distaace .of. 38-0.0..f eat; . thence (L34) non—tangent to last said curve South 00030'36" West 274.4.4 feet; thence (L35) North 89047100" East 1713.73 feet; thence (L36) South 23008'22" West 631.01 feet; thence (7,37) south 89°42'25" West 158.00 feet; thence (138) South 00035125" West 983.76 feet; thence (139) North 89042151" East 109.14 feet to a point at the beginning of a non -tangent curve concave northeasterly having a radius of 1820.00 feet, a radial line through last, said point bears North 82°33106" East; .thence (C40) southeasterly along last said curve through a central angle of, •11046159" -fan arc distance of 374.29 feet; thence (L41) tangent to last said curve South 19013153" East 120:44 feet; thence (142) North 89°38130" East 110.05 feet; thence (143) South 00135'25" West 182.50 feet; thence (144) South 89°3813D" West 350.00 feet; thence X: \ADFII9VaOBD DOc9\LE6AL6\EXAIBITB\6000 ZxsnlTs\Bssl ME.DOc r S!` EXHIBIT "T' Page 26 of 40 �:. p45) South 00°35' 25" West 402.50 feet; thence ' (iA 6). South DO '011270 West 5260.30 feet; thence (•L47) South 06'36'Q2" Easf•5029.37 feeti-.thence (L46) North '86°59'5D" East 1514.44 feet to a point of intersection with. the ceaterline o£ Placerita Canyon Road as shown. on County Su veyor's Map No. B-2283 sheet 2 (CSB 2283-2) on.file in the Office of the Director of Public Works of said county, said point being at the point of cusp at the easterly terminus of a tangent curve. concave southeasterly having.a xadius'of 500.00 feet; thence . ) southwesterly along last said centerline and along last said carve (C the following 6 coarses, through a central angle of 36°17'40." an arc. distance.of 316:73 fee,; thence ' (L50) tangent to last said curve south 52,°42'10" West 102.75 feet to the -thwesterly hav nj a radius of beginning of a tangent curve concave nom 800.00 feet; .thence le ' of (C51) southwesterly along last said cui7ve,through a cent=al an4 16°03100" an arc distance of 224.10 feet;' thence tangent .to .last. said cum-ve.South,68°45'10" vest 155.73 feet to the baginning of a tangent curve concave southeasterly having a radius of 1000.00 feet; thence (C53) southwesterly -along last said curve through a central angle Of, 17°49110" an aro distance of 311.01 feet; thence (L540 tangent to last said curve South 50056'00" West 684.39 feet to a point on the easterly boundary of Parcel Map No_ 1096. as, shown on map Parcel Maps, ' in said filed in Book . 1Q8 pages 33 and 34 inclusive, of office•of .the .County Recorder;. thence (L55•) along last said easterly boundary South 00°36'27" West 219:.37 feet to the southerly boundary of said Parcel Map No. 7096;'. thence , (156) along last, said southerly boundary North 89°30'04" West 667.02 feet to the p6imt of intersection with the westerly line. of the east half'o£_ the southeast quarter of the northwest quarter of 'Said Section 2 a's . described in .document recorded July 12, 2007as instrument no. 8:UD1a\Voao D0C3\S+WW\=iBITB\80D0 MMBITB\0561 EXB_D= \ 'd„ EXHIBIT "2" Page 27 of 40 20071654941 of Official Records, 'in said office of the County Recorder; (L57) along last said westerly line South 00°28''55" west 318.70 feet to the point of intersection with said centerline -of Placerita Canyon Road, being a point on a curve concave northwesterly having a radius. of 1500.00 feet, a, radial line through last said poiat bears North 32021'34" west; thence (C58) southwesterly along last said centerline and along last said curve through a central angle' of 27 °15.' 33" an arc distance of 711.90 feet to the point of intersection with the westerly line of the land described 1n docment recorded June 07, 2006 as instrument no. 06-1253118 of. said Official Records; thence (L59) along last said westerly line South 00021'14" west 174.87 feet to the north line of.the southwest quarter.of said section 2; thence. . (L60) along last said north line South 89°13110" East 1328.21 feet to the northeast corner of the southwest quarter of said Section 2; thence (161) along ine east line of last said southwest' qua_'ter South 09036127 west_13A1.98. eet_to the.no-'theasterly corner. of the southeast quarter of the southwest quarter of said Section 2; thence (L62) along the southerly line of Parcel B .as described in document recorded August 25, 2004 as instrument no. 04-2190843, of'said Official Records, North 89.916142" west 1338.38 feet to the easterly line of parcel C as described in said document recorded Rugust 25, 2004; thence (L63) along last said easterly line South 01002122" west 1349.35 feet to the southerly line of the southwest quarter of said Section 2; thence (1x64) along last said southerly line North 89020'10" West 1348.56 feet to she 'southwest corner of said -Section 2; thence (L65) along the westerly- line of the southwest quarter of said Section 2 .; North O1°28'15" East, 2701.64 feet to the west quarter corner of 'said,., Section 2 being an, anglepoint on the boundary of the City of Santa Clarita as *the same existed on •January 31,.2011•; thence . (L66) along said City Boundary the following 8 courses, North 00°05'30" East 2362.51 feet; thence X:\AORRV\WORD DDC9\LF.f:ALB\7%aI8IT6\8000 BMBIT6\8561 M -DOC 'b� h EXHIBIT "2" Page 28 of 40 i� (L67) North 05°51127" West 1349.89 feet;, fence v °• (x,58') North 89053114" East 1333.12 feet; thence I (h69) North 06°14120" West.1239.98 £eeti.•.thence (1..7o)North'06°14'08" West 1240.26 feet; thence (1,71) South 89°47109" West 2632.95 feet; thence (L72)'North '05°32'23" West 1231.99 feet; thence (L73) South 89°38'56" West 3921.'73 feet to the Point of Beginning: Containing2437.24 acres, more or less. N0.4652 �l��f DF ChLlE���� • ^ awavnaro "HOUSE MMUEI�IG MMS u PM Munoms vamv.zW\o]N ]NtOmimiroNv nmuww�ivmWG ]wm:.mt ]nxmawz ,«ucwxnaan auW,dn mmv xneclz�Gw ' PORTIONS OF SBCTIONS 21, 22,23, 26, 27, 28.34,35 zkn 161 ms.mi ssuds9ms,oare' euwsnssroac - T4N,ROW,S.Bm iiooiiom uuvmaeW z«ymxmywav xwmawzmm oNyvvn 276 H 153 zmcmaaWrovw aewao:.sW,aso-x xnayswz,Wm CU.. iMl.osw,. � zav PORTION OF SECCiON 7. xNvmtm+ xn4vnmt as+awanuro vea mia of mi nN, RI5W, S.B.hc 9.46 H 157 ,nvmwav 1N4mama Vm-."ovn xwY.w9msmvw 246 H 161 .Wsazx zwvam W: i«zmzalnoms _ . ]GUUIeUlfw019 am1d,9W1 xNsds:ew x1Ma.m}OUmOU wuxwxmiloa, IWOwYVYEIO Wt - ' nnvmuavnvms 7.A9 N 153 ierem+dv nomiozemmv wsmaw xmemr ms raasvew I aewawavlomz iwtazs_at zMLwsm,msaz 7.49 H 157 :NaamazGmal xezo-mGMx xN,amaw �mwzaa awa vo-vencem 248 H 181 ]anawnn a\zo\ums xeivd?am3 n+ams.vsc ,vn.awa«roan znzar9W9waw antanay3 ,wzmsvwwvv awmavnwaz aaU.wY.ttp ,o-iemyevs,o We cvMYgl // xelamzaYloew �� _ .3252 Nr — , 1.,7 ,nvawms aN,mvaa,vva. an3maAlr - issowsn a\amawazam aw�mnm 25514149 1°"'pd°s� rawmv iiliwi �a:za - - -- 200 N 163 i.p. �e1ra\suw �_ I 255 H 157 :elvmam w\dnms iwzanmG ,aumaW,mvu m4amwmaz _ _ G ,wndumz zw\aaouroW, aw]meam uanan _ � 756 N 145 avwmzam.. ,wl<3vozemwe a«\m,mzlova :v�,drvVoe,ovu za wzs wuaWz _ I p Y 258 H 148 zananvazvms z«zv.smsro Na in,. un._momo / '^� 2581{ 153 veweu.v9zraWs s xonava.rows anvmaaw mm. :wmams ]ONamxn ' (y 2511 H 157 ]N40�5OWiOnM �Hlnts o�0 aG\tarive9 yN3aUMl nnmo&W ,GIId15.e19 T zw.as,uG xumeawmav av«azwu � zovu otos 761 H 145, zwwnazG :wl.as.mz >«ta«mzlow m.a«amwv+ ivnmzamoow «cma.sw , 261 I{ 149 ]nlmsata GMW9lovA a,M Wiin9 1 I —I z,,,aUM, xN40[t9m\091, I �n _ 261 N 153 aN1a150H ]W aallOallO.ms am-0]lme 261 H 157 L11d19m6' AItO1G WxwwG ]v11.OncN anrLL.M - 33 34 aMl.O15Ma ]NS+MIOWS xn 4010 WG EnrmliWlO9w 28411153 zoexazsaG ,'°°s,imi:�m;O1•°ml -zY3wnm, __ s uGro\Gaamwz - ,wxan.wz 284 H 157 xvo-mentw\3 anzmemawm,' zmudnaamnx t,udxLiLl02U xNkO,YwlweN �4. - 1 . .L11a14W0 ]OI+m9 wxmal0 wievn„ 1 , vazza,zaNvnwwVuav44y+.mm..dmaaannnnn3zsaa4....maYmmnamwnnmsy zneWGmuamv xmem3Ws •G \oem zax,zan«nNnnut4r44aam9Wmwwsysl.mmmdOeDmnyz,mroiromaveWmnuazunOv1e nvWWsaaSvi .,a>,ameMOmlN+vin.a.mamuWldiM1G .. 3G_ TAN - —1N__—_—___ 3 nu.vndes awaw49wroan ,wraN.wwlsv _ . awo-wavn u.Gxadev mwsxmarovu , u.mzan I ' ,nia13.0Y9 M11V1-010\00N 1 1 . ]«Lan'aN aNlaf3Wll9010 1weN4anlOe53 ' aNlay.17 a]OlvE MtN999I yMLaS)wftOOV aN/U360LWOw xNtazsaY� zeumsav aeuasl+wsioou �mtwz.wzroWG ws.Wz.annrau � � - ' vu.Yw.mtloaa anxds-mx\ovzv awemzam I ___ . •-- ,�Nsaz9au; ,nzmzmGwva ]avmfmnv«s ' zmwevmalaao - SC.c.B: 1 '� 2 z.GmWz _ .ynro055MeiaOw aWe ae140AwtTOv11 zwYaffOrrl00N Twm, aNema031wWG L ' F xnx.wasawala aNyi0Pw3lO pyt 1NIavOmlwal _ .. bllasurnw0t0 ' aGllAomllnmc - i . xN40Il W11a WV'. aM4w@ma aaamvamoac - - lO: 1 11 , zMMmGGumnx � F ' 'nl93lma IIIa,La3 zN,m,wlm0:l yawn.wvwaG " »+rmaar ]NnmzavalowM ,7+.-.rglYE , iF Pv.?`n'r":.. "n ,hnii, sF IMM TA momrytifiia�el atr of sAHTn ctMlrn t I�l�4lC�"� QIEG1iEU6Y: SChIE ANNEXATION Na. 20'CITY i i'�isu.A" ": F>L4' ' a� OF SANTA CI °VI6TA -' nii owa�w SE:ti�l1�`I 6�.:. !'7:ll s',ala4 Flim 6�ni nE ca. Bccau4x CAtiYG1•VPAIH OA JN b�341R1EY�FAM°oNCs Ntt1IXAlm11\NBIIW�iax\BNc�Ine581 FM oANs-11ESF MW AJIM n81E1 TIM -8011.0%o. ' EXHIBIT 1121• Page 30 of 40 EXHIBIT "T' LEGAL DESCRIPTION ANNEXATION NO. 2011-26 TO THE CITY OF S ANT'A CLARITA "SOUTH SAND CANYON" Parcel 1: "Those portions of Sections 1,.'2; 11 and 12 in Township -3 North, ' Range 15 West, San'Bernardino Nexidi_an in the County of 'Los Angeles., State of California described.as follows; — ' Beginning'at"the Center of said Section 12; thence -"' (L17- the soutfisrly line ofthe northwest ggarter of said Section 12 South 88°55144" West 1162.49 feet ,to the westerly line of parcel l as described in document recorded April 28, 1994 as instrument no. 94-818523 of Official Records,. in the dffice of the County Recorder of said county; thence (L2) along said westerly line North 00014123" West 2659.52 feet to the southwesterly corner of, the southeast quarter•of the southwest quarter of said Seddon 1; thence (L3 along the westerly line of parcel 11 as described in document recorded .April 22, 2005 as -instrument no. 05-0943244 of said Official' Records,, North . 00°19''Al" East 1372.20 feet to ,the northwesterly corner of said southeast quarter of the ..southwest quarter; thence (L4) along the southerly line'.of parcel 1 as'described in document recorded April 22, 2005. as instrument* no. 05-0943244 of said X:\1MaX\SORO DOCS\LSG=L M=ITS\6000 BXMITS\6$62 E6.DOC EXHIBIT' Y' p Page 31 of 40 A+ Oficial Re06'32 cords, South 89°" West y1136.99. feet to the. easterly line of the southeast quarter •of said Section 2;: thence.' (L5) . line South •00°23'15" West 1345.26 along last said eGsterly feet to the southeasterly corner of said 'Section 2; thence (L6) along .the 'southerly line' Of the southerst.'quarter of .said Section 2 North a9°20''10" West 674,28 feet to 'the easterly. line of parcel 5 as described in said document recorded 'April 22, 2005; thence ' ;(17) along last said easterly line South 00°17'18'" West 1346.09 feet to the southerly lite of said parcel 5;. thence 1L8) along last.said, soutEeriv line North 89°29'.23" West 1358:60. feet to the wes erly' line of said paroel 5; thence (L9) along list said westerly Line North o0°17126" East 1387:75 l line of the, southeast .quarter -of- said.- feet to the southerly Section 2; thence (L10). along last szzd southerly line South 69020'10" East 337.1 ....._. 4 as described in sa feet to the westerly, line id of parcel document recorded April' 22, 2005; thence (L11) along 'last said masterly line North 00031130" East 1346.96 feet to the southerly line of parcel, -1 as "described in document recorded December 2, 2002 as inst_-ument no. 02-2914078' of. said Official Records; thence (L12}' along last said southerly line North 89°16'41" West 1009_49. feet to the 'westerly line of the no quarter of the southeast quarter of said Section Z; thence' (L13) along last said westerly line North 00°3£'27" East 1347.98 feet to the northeast corner of the southwest quarter of said $ection 2; .thence • ... anter of (L14)' along the northerly line of said southwest, qu• Section 2 North 89013110" West 1328.21. feet, to the westerly line X: \ADDffN\HOED DAYS\L GRW\=. j0=S\80D0 EX9I81^-'6\8562 M.DOC Zt I EXHIBIT "2" Page 32 of 40 i ©# the. land described in document recorded-: June . 07, 2006 as a. instrument no. 06-1253118 of said Oficial Records;' thence• (L15) along last said westerly line and its northerly proiongation North 00'°21114" East 774.87 feet to a on the centerline of Placerita Canyon Road being a point on acurve concave northwesterly having a radius of 1500.00 feet, a radial line through last said point•.bears North 05010'01` West;. thence (C16)_ northeasterly along said curve and said centerline through a central angle of 27 °11' 33" an arc distance of 711.90 feet to a point on the. westerly -1.inie os the east half of the 'southeast quarter of the northwest quarter of said Section 2 as described in do..ament recorded July 12, 2007 as instrument no. 20071654941 of said -Official'--Records; thence .{L17) along last said westerly lihe,,North 00°28'55." East- 318.70 feet to a point on the 'southerly boundary of Parcel Map No. 7096 --" as* shown on map filed in Book 108 pages 33 and 34 of Farcel Maps, in said office of the ,County Recorder; thence 4L18) along last said southerly boundary South 89°30'04" East 667,02 feet to the easterly boundary of. said Parcel Map No. 7096; thence (L19) along last said easterly boundary North 00036127" East 219.37 feet to a point on said centerlin8.of Placerita Canyon 'Road; thence (L20) along last said centezline the following seven courses, North 50956'00" East 684.39 feet to the to the beginning of a tangent curve concave southeasterly having a'radius of 1000.00 feet; thence (C21) northeasterly along last said curve through.#. central angle of 17°49110" an arc distance of 311.01 feet; thence X:\ADMIN\RDRD =S\ZMnS%IKHI3,TS\8000 E)aMITS\8562 =.DOC \, e '+Ry jI EXHIBU 'T' Page 33 of 40 :��22)' tangent to iait said curve North- 68*4511011 East 165.73 f6et e' ..,poncave northwesterly havii�g. ato, the b ginning of a 'tangent curve :,concave of 800.'00 f set; thence ' (C23) ndxrthea6terly along last said curve . through a 6pnt=al, angle of, 16903r'00". an arc distance of 224.10 feet; thinap- o (L24) tangent to last said curverth 52°42'10". East 101-75 ieet . a n to the beginning of a tangent curve concave -s6uthe sterly having 'a radius of 500.00..feet; thence (q25) northeasterly along last. said curve thrOugh A central` angle-. I on 7 -316.73 feet' to a POirIf 'the of, 35*- 40' an, arc' ds�ance of boundary of the city, of Santa Clari ta as the swine existed February 14, 201i; ihdrd4i (L26) continuing along 'said . centerline and. saidboundary. and . - tangent to last said curve North* WS�,'50" -East 1072-47 feet to an angle point in said boundary' on the centerline of Sand Canyon (L27) -along said boundary and said centerline e of Sand Canyon Road and currves, 5cq, a 473.95 �th 11009,05" East the following 11 courses .feet tothe beginning of a tangent curve concave northeasterly having a radius of 300.00 feet, thence (C28). southeasterly along last said curve through a central'angle of 78*45'40" 'ap arc 'distance of -412,39. feet; thence (L29)'' tavgent to labt said curve 'South' 89*54145" East- 166..04 feet to the beginning of a tangent curve concave northerly. 'having -a radius of 1000.00 feet; thence (C30) easterly aIon"g last said curve th rolagh a..cen.trA.1 dngle of 25°44'50" an sic Cistan6a of 449.37 feet; thence, �L319 tangent to laot.said curve North 64.20r2511 East .213.09 feet.. to . . tan . . of •a tangent concave rjorthwestdr having a to th� gent curve - conc.av . radius: of 200-00 feet; thence X:\WMMWOD ... :, N V Containing 634.47 acres, more or less. PARCEL 2: Lots 3 and 4 in Section 36, Township 4 North', Range 15 West, San .. ' Bernardino Meridian in the County of Los Angeles;*.; State of California according the official plat thereof 'on file in the Government Land Office described as a whole as follows:. X:\AM-IMMRD D0CS\=.n9\EXHIBITS\8000 M=B:iTS\8562 =.Doc f +1v EXHIBIT "2" Page 34 of 40 !(C32) northeasterly along last said curve through a central angle of 31014'10" an arc.distance of 109:03 feet; thence. (L33)' tangent to last said curve North 33006115" East 95.70 -feet to the beginning of a tangent curve concave southeasterly having a . radius of 200.00 feet; thence (C34)• northeasterly along last said centexlina and last said curve through -a central angle of 42150'20" ,an arc distance of 149.54 feet; thence (L35) tangent to last said curve North 75°5.6"35" East 670.82 feet to the beginning of a tangent oUrve concave -southerly •having a radius o_ 300.00 feet; thence I'. (C36) easterly along last said curve 'through a centralangle of 33°20'30" an arc distance of 174.58 feet; thence. (L37) tangent to last said curve South 10°42'53" East 108.17 feet to the easterly line of the west half of said Section 1; thence (L38)_.•,,.leaving sad,,City Boundary and along last said easterly line South 00016115" West 5075.48. feet to the south crurter .corner of said Section 1; thence ••(L39) along the easterly line of the northwest quarter of said *Section 12 South 00*46'56" East 2628.75 feet to the point". of Beginning. Containing 634.47 acres, more or less. PARCEL 2: Lots 3 and 4 in Section 36, Township 4 North', Range 15 West, San .. ' Bernardino Meridian in the County of Los Angeles;*.; State of California according the official plat thereof 'on file in the Government Land Office described as a whole as follows:. X:\AM-IMMRD D0CS\=.n9\EXHIBITS\8000 M=B:iTS\8562 =.Doc f +1v .A Page 35 of 40 <.E6 inning at the southeast corner, of 'sai.d'Section'36; thence ' (Ll). along the. southerly line of said Section.36 South- 67°04'10" West 2267;96 deet to'the westerly line,of said Lot:3; thence• (L2) along said westerly line North 03°26146" West 1144.26...'eet to the north line. of said Lot 3; ibenoe (L3)' along ' the' northerly lines' of 'said Lots, . 3 and 4 . North 89048'42" East, 235.0.47 feet to the easterly 'line• of said 5'eotaon 36; thence 1034.10 feet to (L4) along said easterly lrsxe 5outh•00 55, 26. West the Toint of Beginning. Parcel 2 containiLig 57.66 .acres, More or less.. parceland 2 contain 692.15 acres,: more. or less, in their M4) - R0.02 OF CAiE� s:\ADMn2\410.�D DOCS\L-GAL s\ T-+TTS\8000 SX:nBITS\8562 EKt-DOC `� r ! 1t TIME WWBMNG MAPS 243 N 165 246 11 165. 249 H 166 SCALR! 1"-10001 w�wa�44 11n�u INMOL'1{Y . PNt4X:1. 1 ;B40 -a11-011 . 204&011-012 2648-011-013 2898-013-014 2048.012-026 2040 012-028 2B4B-012.031 2048-032.041 2&18-012-004 204&0;2-015 2 04 0-03 205 0 2048-0124150 2046012-0'49 204&012-Ya0 U40 12-060 2848-012.070 28484 2-071 2040-012.016 - a48 -077 2&40-013-014 2846013.016 2840013-012 2ees-0l3-01e 2846-014A16. . 2848-034-027 2e48 -02B -WS 2648 -m9 -Ws 284"".000 2048.029-o09 2848-029-ou 204&029.017, . 284&029.019 2&18-03SWl 4 2840-035-W2 2849-0 m 2440-45-000 2648-03s.m Ass6ssat a taluelr s .PAR! MCa z IF e -Bos -ms ro o76 I ANNEXATION No. 2C TO THE CRY OF SANTA EXHIBIT `2" I Page 37 of 40 EXHIBIT «2„ _ --- LEGAL DESCRIPTION ANNEXATIO�4NO. 2011-25 TO TER CITY OF SANTA CLARTTA WORLAND-ROBIIdSON RAY= Those portions of Section 13 and of the northeast'quarter of Section 24, all in Township 4 North, Range 15 West, ,San Bernardino Meridian.in. the County of Los Angeles, State•of California described as follows: Beginning at the northeast corner of said Section 24; tke-4ce , (L1).aloag'the-easterly line of the northeast quarte= of said Section 24 South 06`23'25' West 2649.07 feet to the southeasterly corner of 'the northeast quarter of said Section 24, said corner being s9i angle poitrt in" the boumdary of the City pf Santa Clarity as the same existed on pebruiery 15;._ 2011;. thenge ; City Boundary the -•following courses and curves; Sbiith -�-. B9053152" West 1318.81 feet; thence 43) North 00016'28^ 3ast.2340.95 feet; thence (L4) South 70926'05' West 640.20 feet; thence .• (15) North. 1'9033'55". West 367.72 feet to a point on 2 cuzve concave. noxthwestpr0.y. having a •radius of 1522.47 feet, a raaml line through said Point bears North 33°17'02" West; thence (C6) nor`,:heasterly along saidcurve through a central angle of 10°18'51" an arc distance of 274.07 feet; thence (L7) non -tangent to said curve South 89'44'42" West 346.96,feet; thence (LB)' North 49°22'39" East 262.45 feet; thence (L9) North 009.17103" Bast. 377,03 Feet to a point on a curve, concave northerly havin4 a radius of 2469.00 feet, a -radial line' through iast •• said point bears North 14015151" West; thence (C1D} westerly along last said curve through a central angle of 16°20'•51" an arc distance of 704.45 feet; thence X:\&?Y1N\970SD DOCS%LZG. V,-_XF 1TS\6000 =�Y-1131_S\8563 EM1.14C , EXHIBIT "2" Page 38 of 40 1 eb to tangent to last. said curve North 87°55'00ha9e 5 a0za'dius of 2.000 00 carpe concave nor`her1Y f beginning. of -a tangent feat;. -hence i_ 08°22'03" (pl2) westerly along last said clarve through.a central aog_e Of . an arc: distance. of 146.D4 .feet to the beginning of z tangent reverse ce curve concave southerly having a radius o; 1000.00 Peet? tlenof'10°56'29" (C13) westerly along last said Our --°e. hrough a Centra- g ail arc distance Of *190.96 feet: thence .. (L14} tangent to last said ouzve S.Outb e9°30'34" West 1232.56 feet; thence oiat on the centerlins of (L15) North 00°02'46" West 695.35 feet tQ a P Antelope Valley Nxeeway (State 7:ghway 14); thence elong said, seat Soufee South 88°i1'45" East 1255.76 t 'to the beginning' cf: a tangent as ve concaaa no_thwestarly haysng. a radius' oi.' 5800.00 fest; .theice „ . last said ..cult' northeasterly along said centerline and along Is of 20°44'36" an a'xc distance 2099783 feet to a through a central: ang e' o{ vrolongation 'of the'-V'Stier17 .1 inthe- "'zn point on tie .noriherTy' _ st Ol, 1988 as .Lnstr�nent described is Parcel's in document recorded 'Augu 1 88-1209676 of Official Records, it -)-,a the ofmice of theComity Recordsr of said county; thence (L18) leaving said City Boundary and along said••prolongat?on and Zang said westerly line South 00°17'03" Wast. 491..57 feet to the northerlyY1968 o£' the land described as Parcel l.ia document recorded Fsbr?ia-y'. as Instrument No..3275 of said Official Records; thence (L19) along said northerly line South 89042157" East 200.00 feet to the Westerly line of last said Parcel 1; thence (L20) along said easterly line South 00°17'09" West 200:00' teat $o, the soutYierly line of last said Parcell; thence (L21) along said southerly line North 89042'57" West 200.00 feet. to the' •:: westerly line of Parcel 1 as :described in said document recoided August 01 1988; thence X.\��\XO�.D DD•'S\iaGZwS\SL:z�2^aS\BOOb '>Y�3iTS\8563 ?.X]'+•DOC ,\ x X:VlDt4N\NOAD DOCS\L3MMS\MM3ISS\8DOO EXffiI48\8563 MM.DDC \ \ i� EXHIBIT "2'• j' •I Page 39 of 40 Z. ''a(L22) along last said westerly line 'South 00°17°03" West.'3.41.67 Peet to a {; tha southerly line of'last.said Parcel ,l; thence (L23) along last said southerly line North 89"40'54" Bast 465.8B feet tq.. the southeasterly fire of last. said Parcel 1;. hence (L24)'along Said southeasterly Sine -North 43°11/47" East .94.85; feet to the beginning of a tangent curve concave southeasterly having a radius of 1532.47 feet; thence. (C25) northeasterly along -last said curve and along said. southeasterly line through a central angle of 33912r0o" an arc distance of 887.99 feet; thence (L26) non -tangent to last said curve and along last said southerly line North 80°41109" East 112:30 feet; thence (L27) continuing along last said southerly line North 87'05'D9" East 594.72 feet'tb the easterly line.of'the southeast* quarter of said section 13; thence (L28) along last said easterly line Soath 00026142" West 1218.04 feet -to the Point of Beginning. _ Containing 204.32 acres, more or less. X:VlDt4N\NOAD DOCS\L3MMS\MM3ISS\8DOO EXffiI48\8563 MM.DDC \ \ NIG I maiiD11 u0O z t Page 40 of 40 Pic • j� a yl� SeR�,?&.� aQ�A IA $�' .- 1 R4.rcu����. I• .. � - :nom a I f�j `y I I 1� WVV 3 aq'+p 1 r i d . i Y F 1 su:m (Franchise Fees) Franchise Fee Amount Throughout the Term of the Assigned Agreement, Franchisee must pay to City a Franchise Fee in an amount equal to 10% of the Gross Receipts derived by Franchisee from services provided in the City pursuant to the Assigned Agreement. The Franchise Fee must be submitted along with a report of the revenue upon which the franchise Fee is calculated by month and service category such that Gross Receipts from all sources of revenue are easily identifiable. �acn:3r� (Indemnification) 1. Indemnification Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) 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 (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement; (2) the failure of Franchisee, its officers, employees, agents, companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Franchisee elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Franchisee. Franchisee, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 2. Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Franchisee specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of franchisee that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. B. Franchisee's obligations pursuant to this Section shall apply, without limitation, to: 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Franchisee of any facility; 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee or any Affiliate of Franchisee. D. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. F. In the event City directs Franchisee to dispose of Solid Waste Collected pursuant to this Agreement at a facility designated by City, Franchisee shall not be required to provide the indemnification set forth in this Section 9.2 with respect to Claims arising from allegations relating to the handling and/or disposal of such Solid Waste after it is delivered to a City designated facility (although this exception shall not apply to any other Claims relating to said Solid Waste); provided, however, this exception to the indemnification requirements of Section 9.2 that would otherwise apply shall not apply in the event the City designated disposal facility in question is either owned or operated, in whole or part, by Franchisee or any Affiliate. 3. AB 939 Indemnifications and Guarantee A. To the extent authorized by law, Franchisee agrees to indemnify and hold harmless the City from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by the City with respect to the waste stream Collected under this Agreement. B. Franchisee warrants and represents that it is familiar with City's waste characterization study as set forth in City's SRRE, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the 50% diversion goal set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. EXHIBIT 4 (Indemnification) 1. Indemnification Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) 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 (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement; (2) the failure of Franchisee, its officers, employees, agents, companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Franchisee elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Franchisee. Franchisee, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 2. Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Franchisee specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of franchisee that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. B. Franchisee's obligations pursuant to this Section shall apply, without limitation, to: 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Franchisee of any facility; 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee or any Affiliate of Franchisee. D. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. F. In the event City directs Franchisee to dispose of Solid Waste Collected pursuant to this Agreement at a facility designated by City, Franchisee shall not be required to provide the indemnification set forth in this Section 9.2 with respect to Claims arising from allegations relating to the handling and/or disposal of such Solid Waste after it is delivered to a City designated facility (although this exception shall not apply to any other Claims relating to said Solid Waste); provided, however, this exception to the indemnification requirements of Section 9.2 that would otherwise apply shall not apply in the event the City designated disposal facility in question is either owned or operated, in whole or part, by Franchisee or any Affiliate. 3. AB 939 Indemnifications and Guarantee A. To the extent authorized by law, Franchisee agrees to indemnify and hold harmless the City from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by the City with respect to the waste stream Collected under this Agreement. B. Franchisee warrants and represents that it is familiar with City's waste characterization study as set forth in City's SRRE, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the 50% diversion goal set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. EXHIBIT 5 (Insurance, Bond, Letter of Credit) 1. Insurance Franchisee shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Franchisee's performance hereunder or the actions or inactions of any of Franchisee's officers, agents, representatives, employees, or subcontractors in connection with Franchisee's performance. The insurance requirements hereunder in no way limit Franchisee's various defense and indemnification obligations, or any other obligations as set forth herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). 2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance. Franchisee shall maintain in force for the term of this Agreement limits no less than: Comprehensive General Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, Personal injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 2. Automobile Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per accident for bodily injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by City. If, in the reasonable opinion of the City, Franchisee does not have sufficient financial resources to protect the City from exposure with respect to any deductibles or self-insured retentions, at the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention's as respects City, its officials, employees and agents; or Franchisee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Franchisee; Premises owned, leased or used by Franchisee; or vehicles owned, leased, hired or borrowed by Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers. b) Franchisee's insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Franchisee's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers. d) Coverage shall state that Franchisee's insurance shall 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. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Franchisee for City. 3. All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, 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. E. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better. F. Verification of Coverage. Franchisee shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Companies and Subcontractors. Franchisee shall include all companies and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each company and subcontractor performing work within the City. All coverages for companies and subcontractors shall be subject to all of the requirements stated herein. H. Required Endorsements 1. The Workers' Compensation policy shall contain an endorsement in substantially the following form: "Thirty (30) days prior written notice (ten (10) days in the event of cancellation for non-payment) by certified mail, return receipt requested, shall be given to City in the event of cancellation, reduction in coverage, or non -renewal of this policy. Such notice shall be sent to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 2. The Public Liability policy shall contain endorsements in substantially the following form: a) "Thirty (30) days prior written notice (ten (10) days in the event of cancellation for non-payment) shall be given to City in the event of cancellation, reduction in coverage, or non- renewal of this policy. Such notice shall be sent to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 b) "City, its officers, elective and appointive boards, commissions, employees, and agents are additional insureds on this policy." c) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." d) "Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Franchisee. This policy shall protect Franchisee and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Franchisee's liability as set forth in the policy beyond the amount shown or to which Franchisee would have been liable if only one party had been named as an insured." I. Delivery of Proof of Coverage. Simultaneously with the execution of this Agreement, Franchisee shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall have all required endorsements. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City. Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term. J. Other Insurance Requirements 1. In the event any services are delegated to another company or subcontractor, Franchisee require such franchisee or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the Franchisee or subcontractor's employees engaged in the work in accordance with this Section 1. The liability insurance required by this Section 1 shall cover all Franchisee or subcontractors or the Franchisee or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 1. 2. Franchisee shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Franchisee from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Franchisee or any franchisee or subcontractor on account of any occurrence related to this Agreement, Franchisee shall promptly report the facts in writing to the insurance carrier and to City. If Franchisee fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Franchisee's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Franchisee. 2. Faithful Performance Bond A. Prior to the Commencement Date, Franchisee shall deliver to City a performance bond in the sum of the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void at the conclusion of the term of this Agreement only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. B. In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the performance bond, Franchisee shall restore the performance bond to its face amount within 30 days of the City's declaration. Failure to restore the performance bond to its full amount within 30 days shall be a material breach of the Agreement. 3. Faithful Performance Letter of Credit A. In addition to a corporate surety bond as noted in Section 2 above, Franchisee shall furnish an irrevocable letter of credit drawn upon a financial institution with an office within one hundred (100) miles of City in the amount of Two Hundred Fifty Thousand Dollars ($250,000), in a form acceptable to the City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall be the sole responsibility of Franchisee, and shall be released within thirty days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Franchisee's satisfactory performance of all obligations hereunder. B. Thirty (30) days following City providing Franchisee with written notice of its failure to pay City any amount owing under this Agreement, the LOC may be drawn upon by City for purposes including, but not limited to: Payment of sums due under the terms of this Agreement which Franchisee has failed to timely pay to City 2. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Franchisee. City may draw upon the entire Letter of Credit and convert it to a cash deposit if Franchisee fails to cause the Letter of Credit to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the term hereof. MU 3M, (Existing Roll -Off Agreement) 0 Temporary Bin and Roll -Off Box Solid Waste Franchise Agreement B etween The City of Santa Clarity and Buirtec Waste Industries, Inc. City of Santa Clarita Contract No. D L " 000 I B O /�\ /'-\ \ / \`./ ^!'~^ Temporary Bin and Roll -Off Bar Solid Waste Aonenientomween the City of Beat&oartin aruBurriat WAstolndustries, Inc. TABLE OF CONTENTS \ / Roci1uls...-....-...-.--.-~'^~~~^~~^`-^^~^'~-^'~~-^^-^~~'-' l � Section lGrant of Franchise ......................... -~.~^^`~~~~^-^~-^--~~~^~~~~� 4 � Swod00% of City ..^....~~~.~~,°...~~.^.-^~~... 8 � 3ou�Ou3Tecoz }�t�odou..~..~.....^'~^~'^^~^~~^—~~~^`^~^^~~^~~^^. � � Spu�nn 4I>r�o�iOuu...,.-...-...~,~^~~^^~~~~^`~^^`~~~^~~~`~^~~ � 6 � 3e�koo5CuoopUm\oowith Iao�uand ..-~~~^~~-^^'~.^^--~~`-^. � � � Section Types and ofService ,.-.......-^~...-....^..~.^^~^~.. g Be�iou7Collx�ioo ..."~~~^`~~~^^~^~^^~~^~~^~~~^^~'~~~^ I � � � Section .-.~..~. :..~... ~.`-~-~~^~'^^~`~-^~~~r~^~'°"°~^~ l3 Section 9 Service Exceptions; Hazardous Waste Notifications ........................................ 13 � 3ec�no10(�q%ozoorService .°........---...~~^~~~^~~^~~^`^°~~~~~^. �4 � Section 11 ofSn�d��Ku��.-.-..~...~~'.~~..~..~-.~,.-^.~~. 1� � Section 12 Madeting of Recyclable Solid Wastes ............................................................ ls � 3cudou13.8iD�g.......,...°...".~.~.~~^°,~,^°.~~°,~~~°.~.--^. I5 � � Section 14Bo�teo`nBooks and Records; Audits ......... ......... ~-....'~................ l6 WasteAu�; .._~..~_~. 17 � Suudnol6�d���ia8�8�F�U�u�all�aooz�; AdYa��IUƒmz��iOo.-..^~...~.~~.~. Section 17� � ol7In ubonnodIueozuo:e.......~~-..~°~.°~..-^°.~~~~~~. 3ecdPSection 21 8ectinol8 Cash Bonds ^..."".."°~~."~.°°.""~°~~^,.~'.°..~,...°~~.u+ � � Section19 Scrvico.....-.~.~^~.-..~..~~~°~~°".~.~^.~°"~~. 2� � Section 20 Administrative Rerne4os; Imposition of Damages; Termination .................. � 26 � � Itocodozrm ................................................Il � '' � � 34�m��no�����/'oAd��oo�Razn�dio8-~.......~.°^~~~""~.-^~~.°,~.,~ � Section 23Franchise City Consent; Fees .......................................................... 35 373oc�0u24(���crulI�ov�ions..-...-.~.°~-..^^,^~""^^.^~""^'°"°'~"^"'°^~' � � [-} I ^ � / - _ ____ O o o 0 Temporary Bin aidnoa-Off Box Solid Waste Ayacemmt Batneen the City orSaata Clurtto and Durrioo W este Industries, Inc. Temporary Bin and Roll -Off Bog Solid Waste Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc. This "Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Buutec" ("Agreement" or "temporary Bin and Roll -Off Agreement") between the City of Santa Clarita, California, a California city ("City")'and Bmrtec, a California corpora- tion, is made and entered into on the 1L day of� 200_2. nCITALS WBERBAS, Article XI, § 7 of the California Constitution authorizes cities to protect public health and safety by taking measures in furtherance of their authority .over police and sanitary matters; and oWHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and.recycling as integrated waste manageruent practices for solid waste attributed to sources mithin their respective jurisdictions; and WHEREAS, California Public Resources Code § 40059 provides that aspects of solid waste handling of local concern include but are not limited -to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of non- exclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the gov- erning body of the local agency; and '� ^ ~WHBRBAS, Chapters'15.44 and 15.46 of the Santa Clarita Municipal Code, implement } Article M, § 7 of the California Constitution and California Public Resources Code § 40059 in . the City of Santa Clarita; and WHBRBAS, City is obligated to protect the public health and safety of the residents of the City of Santa Clarita and arrangements made by solid waste enterprises and recyclers for the collection of Temporary Bin and Roll -Off Solid Wastes should by made in a manner consis- PS-05-06-09 Tenspornry Bin ad Rall -Orf Box Sond Waste Agreemmlit Belwem, tlse Clty or sato clartta and Burrtet Waste Industries, Inc. tent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, By advertisement and solicitations by mail City invited solid waste enter- prises, without regard to prospective proposers' places of business or prior service areas (in an effort to attract proposals from the widest possible range of qualified proposers) to propose how Temporary Bin and Roll -Off Solid Waste services might be provided in the City in a safe, effi- cient manner which protects public health and safety and implements measures consistent with the City's Source Reduction and Recycling Component in order for the City to reach the diver- sion goals mandated by the California Integrated Waste Management Act of 1989, as amended, Public Resources Code §§ 40000 et seq.; and WHEREAS, By its advertisements and solicitations, City received expressions of inter- est and suggestions from numerous prospective proposers, including proposers with corporate headquarters located outside the State of California, and City, in evaluating proposals, consid- ered factors which included; but which were not limited to cost, quality of service, proposers ability to implement measures to comply with AB 939 and proposers' ability to meet the obli- gations of indemnification provisions and traffic and air pollution impacts, but did not favor in- state or local firms nor discriminate in any way against firms with out-of-state affiliations or corporate offices; and WHEREAS, City and Burrtec are mindful of the provisions of the laws governing die safe collection, transport, recycling and disposal of Temporary Bin and Roll -Off Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA" ), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CER- CLA"), 42 U.S.C. §§ 9601 et seq.; the laws governing Universal Wastes, Universal Waste Electronic Devices ("UWEDs"), and other Universal Wastes, including, but not limited to non - empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel - cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] aucaline, batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches; and WHEREAS, City and Buntec desire to leave no doubts as to their respective roles and to matte it clear that by entering into this Agreement, City is not thereby becoming a "genera- tor" or an "arranger" as those terms are used in die context of CERCLA § 107(a)(3) and that it is Burrtec, an independent entity, not City, which will arrange to collect Temporary Bin and Roll -Off Solid Waste from Premises in the City of Santa Clarita, transport for recycling and disposal and dispose of Temporary Bin and Roll -Off Solid Wastes which may contain small PS -05.06.09 TemporaryBln and noa-OQBox 3oad Wash AQreemmt Betwceo the City of Banta Ow to mid Burrtec Wusta rndutwes, rnc. n amounts of household products with the characte istics of hazardous wastes, collect acid com- post Green Waste and collect and recycle Recyclable Solid Wastes from Premises in the City of Santa Clarita, and collect and recycle or dispose of Construction and Demolition Materials; 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 therefore Temporary Bin and Roll -Off Solid Waste must be exported from the City; and WHEREAS, City and Buster agree that, subject to City's exercise.of its reserved flow control right under Section 1.11 of this Agreement, it is Bu itec, and not City, which will select the landfill or transformation facility destination of the non -recyclable Temporary Bin and Roll -Off Solid Waste and Construction and Demolition Materials ("C&D Materials") which Burrtec will arrange to collect, that City has not and, by this Agreement does not, instruct Burrtec on its collection methods, nor supervise Burrtec in the collection of waste and nothing in this Agreement or other action of the City shall be. construed to give. rise to any inference that the City has any title, ownership or right of possession of such Temporary Bin and Roll -Off Solid Waste; and WHEREAS, Burrtec represents and warrants to City that Buntec has'the experience and O qualifications to conduct recycling and waste diversion programs, to provide City with infor- mation sufficient to meet the City's reporting requirements under the Act, to meet the diversion goals proposed by Burrtec, to meet City's other requirements, to arrange with Persons in charge of day-to-day activities of Premises in the City of Santa Clarity for the collection, safe transport and disposal of Temporary Bin and Roll -Off Solid Wastes which may contain small amounts of household. products with the characteristics -of Hazardous Wastes, or Universal Wastes, in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Bunter has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City would not enter into this Agreement with Burrtec unless Burrtec provides a Guaranty in the foam set forth in Exhibit A and the Guarantor, as a material induce- ment and consideration to the City to enter into the Agreement, is willing to execute and deliver WHEREAS, the City Council of the City of Santa Clarita determines and finds pursuant to California Public Resources Code § 40059(a)(1), that the public interest, health,. safety and well-being, including the minimization of adverse impacts on air quality and traffic from exces- sive numbers of collection vehicles, the implementation of measures consistent.with the City's Source Reduction and Recycling Component, and in an effort to reduce the City's potential OCERCLA liability, tivould be served if Burrtec were to'be awarded an exclusive Franchise for PS -06.06-08 Temporary Bin and Rall -Off Box solid W asta Agreement Between We City or Santa Cigrita gild Burrtae Wasto Industries, Inc. collection, recycling, diversion and disposal of Temporary Bin and Roll -Off Solid Waste from premises in the City of Santa Clarita. NOW, THEREFORE, the City and Burrtec agree as follows: Section 1. Grant of Franchise A. Binding Agreement. In consideration of the execution of and the mutual promises contained in this Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Burrtec, City and Buntee enter into this Agreement. B. Grant of Franchise; Exclusions. Burrtec, and other solid waste enterprises, if any, granted similar franchises, shall have an exclusive duty, tight and privilege to collect, transport, process, recycle, compost, reiain and dispose of all Temporary Bin and Roll -Off Solid Waste, as defined in this Agreement, produced, generated and/or accumulated at premises in the City, except as provided below. The collection and disposal of residential solid waste from Single Family and Multi -Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate "Residential Agreement" The collection and disposal of Construction and Demolition Materials from residential and commercial premises through the use of roll -off or other Bins is within the scope of this Agreement. However, accu- mulation, collection and recycling or disposal of Construction -and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contrac- tor's ontrac- tors license, e.g., removing a roof and installing a new roof, using equipment owned or leased i by the contractor, is not within the scope of this Agreement. i C. `[Exclusive Franchise.'' Buntec agrees that this Agreement is an "exclusive fran- chise" as that term is used in Public Resobrces Code § 49520. Burrtec aclmowledges and un- derstands that City may grant more than one exclusive franchise, to more than one solid waste enterprise for the services to be provided pursuant to this Agreement. D. Waiver of Rights. Burrtec waives any right it may have to challenge the terms of this Agreement under federal, state or local law, or administrative regulation, except as pro- vided in the dispute resolution provisions of Sections 20 and 21 of this Agreement. Burrtec waives any right or claim to serve Premises in the City of Santa Clarita as its boundaries exist as of the date of execution of this Agreement under any prior grant of franchise, contract, li- cense or permit issued or granted by City relating to the waste stream covered by this Agree- ment and including whatever, if any, rights Burrtec may have under the Public Resources Code or prior law. E. Gardeners and Landscapers. This Agreement shall not prohibit gardeners and landscapers from collecting, transporting and composting or disposing of Green Waste, as long PS -05-06-09 0 0 O n Temporary II1n and Roll -Off aor Soad Waris ASreemmA Bebwm the Cay of Santa Clerlto and Burrtee Wnste Indunm"' Ina n as they transport such Green Waste to a Compostable Materials Handling Facility or a Green J , Material Composting Facility, as defined in 14 CCR § 17852, or other site permitted (or ex- empt from permitting) by the California Integrated Waste Management Board, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. F. Sale or Gift of Recyclable Materials. Any person may sell Recyclable Materials or give away Recyclable Materials to persons or entities other than Burrtec However, in either in- stance: (1) the Recyclable Materials must be segregated from and not mixed with Temporary Bin or Roll -Off Solid Waste; and (2) the seller/donor may not pay the buyer/donee any consid- eration for collecting, processing or transporting such Recyclable Materials, or as a consultation fee for recycling services. A discount orreductien in price for collection, disposal and/or recy- cling services for any form of unsegregated or segregated Temporary Bin and Roll -Off Solid Waste is not a sale or donation of Recyclable Materials and such Temporary Bin and Roll -Off Solid Waste does not qualify for this exception. G. • Annexation. Territory annexed to the City which is not within the service area of another solid waste enterprise which qualifies'under Public Resources Code § 49521 to con- tinue to provide Temporary Bin and Roll -Off Solid Waste services shall be added to the Fran - chile covered by this Agreement. In the.event that an annexed area is added to the Franchise area, City and Buutec agree that this Agreement shall supersede any previous franchise agree - went, permit, or license granted to Buntec by another public entity with respect to the collec- tion of Temporary Bin and Roll -Off Solid Waste within the annexed area.. . H. Flow Control - Reservation of Rights. City reserves whatever, if any, rights to ex- ercise solid waste flow control which may be provided by Congress, Section 2. Reimbursement of City Expenses Not Required. Buntec shall not be required to reimburse City for expenses, including staff time, con- . sultants' and attorneys' fees and expenses associated with granting this Agreement. _.�-._.�-�-•----Section••3r Termr-......_...—._........_..-_....__.. A. Collection services under this Agreement shall be provided for a period of five years, commencing on January 1, 2006, and ending at midnight on December 31, 2010, unless sooner terminated. B. Sections 9, 16 and 17. of this Agreement also require Bugrtec to provide services O(e.g., access to landfill destination information, insurance and indemnification and an insurance P8 -05-05-Q9 Tmnporory Bin and Roll -Off Box Solid Waste Agra i mat Botneeu aaa Cay of Sauta Claraa and Burr ice Wwtc Industries, Inc. policy repository) beyond the period during which collection services are to be provided pursu- ant to this Agreement. Section 4. Definitions Whenever any term used in this Agreement has been defined by the Santa Clalita Mu- nicipal Code ("Municipal Code") or Division 30, Part 1, Chapter 2 of the California Public Re- sources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. "Act" or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 at seq., as it may be amended and as implemented by the regulations of the California Integrated Waste Management Board, or its successor agency. B. "Agreement" or'Tranchise Agreement' means this written Agreement between the City and Buntec, and all exhibits and documents, including Burtec's Service Proposal, dated October 7, 2005, and all supplements to those respective proposals, governing the provi- sion of Temporary Bin and Roll -Off Solid Waste Services as provided in this Agreement. See Section 24.1, below. C. `Bins" or "Solid Waste Bins" means those containers provided for the temporary accumulation and collection of Temporary Bin and Roll -Off Solid Waste from Premises. Bins are usually two or three cubic yards in size, or larger. D. "Bulky Goods" means large and small household appliances, furniture, carpets, mattresses, White Goods, oversized yard waste such as tree trunks and large branches if no lar- ger than two feet in diameter and four feet in length and similar large items discarded by Com- mercial service recipients. The term `Bulky Goods" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like. E. "City" means the City of Santa Clarita, California. F. "Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (rock, concrete; brick, sand,soil, ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, and rubble, resulting from construction, remodeling, re- pair and demolition operations, but does not include asbestos -containing materials. Construc- tion and Demolition Materials, but not asbestos -containing materials, are within the scope of this Agreement, subject to the licensed contractor exception in Section 13, above, PS -05-06-09 0 0 0 0 Temporary Bland Boll-Of7Boz Solid Wasto AgraementBet,reon the City of Santa Clarrta and Burrtoe Wasto rudustrlos, Itu G. `Burrtec" means Burrtec Waste Industries, Inc.; A California corporation, a party to this Agreement. H. `TY-anchise" means the exclusive right and privilege granted by this Agreement. I, . "Franchise Fee" means the fee or assessment imposed by the City on Burrtec be- cause of its status as party to this Agreement and which, voter aria, is intended to offset the City's expenses in administering this Franchise and to compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from Buntec's exercise of this Franchise, the expenses of administering the program for the Temporary Bin and Roll - Off Solid Waste stream, reporting requirements under the Act and other related expenses. J. "Green Waste" or "Yard Trimmings" means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of residential landscapes or gardens including, but not limited to, yard clippings, leaves, tree trimmings, prunings, holiday trees free of flocking and metal, brush and weeds and incidental pieces of scrap lumber, separated from other forms of Temporary Bin and Roll -Off Solid Waste, "Green Waste" does not include yucca or palm fronds, which are not suitable for com- posting. OK. "Gross Revenues" means any and all_revende. or compensation in any form, de- rived direcfly of indirectly, of Burrtec, or their subsidiaries, or other affiliates of Buntec in which Buntec or either of them, has a financial inteiest, for the collection, transportation, proc- essing, -recycling, diversion and disposal of solidwaste pursuant to this Agreement, in accor- dance with Generally Accepted Accounting Principles, including, but not limited to, monthly customer fees for collection of Temporary Bin and Roll -Off Solid Waste, without subtracting Franchise Fees or any other cost of doing business, but excluding revenues from the sale of Re- cyclable Materials and Recyclable Solid Waste. L. "Hazardous Waste" means any waste -materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Re- covery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Re- - - --sponse; Compensati on -an d-L-iabilily-Aot ("GER-MAP);443-U:S:C: §§ 9601 et -,req., the- Garp en---- ter -Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; and all future amendments to any of them, or as defined by the California Integrated Waste Management Board, or the Department of Toxic Substancda Con- trol, or a successor agency. If there is a conflict in the definitions employed by two or more agencies having jmisdiction over hazardous or Solid Waste, the term "Hazardous Waste' shall /-� be construed to have the broader, more encompassing definition: PS -05-06-09 Tatrrporary Din and Roll -Off Dox Sold Waste Agreement nehvuen the City of Santa Ciarita and Durrtoc Waste Industries, Inc. M. "Premises" means all premises in the City, other than Single Family and Multi - Family Residences, where Temporary Bin and Roll -Off Solid Wastes are generated or accumu- lated The term "Premises" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste); federal, state, county and local governmental facilities, including, but not limited to schools, school district offices, special districts and water districts (to the extent authorized by law); but does not in- clude Single Family or Multi -Family Residences. N. "Recyclable Material' means a commodity which is sold for compensation, or given away, but which is not discarded into the Commercial waste stream. A Recyclable Mate- rial which is discarded into Temporary Bin or a Roll -Off Box loses its character as a Recycla- ble Material and becomes Temporary Bin and Roll -Off Solid Waste subject to this Temporary Bin and Roll -Off Agreement, O. "Roll -Off Box" or "Roll -Off Box Service" means solid waste containers, or ser- vice using containers with a capacity of 10 cubic yards, or more, including compactors. P. "Scavenging" means the unauthorized removal of Recyclable Solid Wastes. Scav- enging is prohibited by Public Resources Code-§ 41950. Q. "Temporary Bin Service" means Bin service provided to a premises on a tempo- rary, as -needed, basis in such a manner that no Bins belonging to a particular solid waste enter- prise, or any of its affiliates, remain on that premises for more than thirty consecutive days, or for more than 60 days of any consecutive 90 -day period in any calendar year. R. "Universal Wastes" means Universal Waste Electronic Devices (UWEDs), cathode ray tubes (CRTs) and other Universal Wastes, including, but not limited to non -empty, aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries and any other bat- teries which exhibit the characteristic of ahazardous waste), mercury thermometers; mercury - containing switches, and any other Universal Wastes improperly designated by the then - applicable regulations of the Department of Toxic Substances Control, or its successor agency. Section 5. Compliance with Laws and Regulations Burrtec warrants that it, shall comply with all applicable laws, including implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CER - PS -05.06-09 0 0 0 Temporary Bin and Roa•OtrBox Solid Wasto AgroamautBotrroon the City atSaata Cleraa mid Burrtce Waste Industries, mo. CLA, the Act, the California Electronic Waste Recycling Act of.2003, as amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of. 2005), laws governing Universal Waste, including Universal Waste Electronic Devices ("UWEDs"), and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous Waste, batteries (recharge- able nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous- waste), mercury ther- mometers, mercury -containing switches, regulations and orders of the California Department of Toxic Substances Control, the California Air Resources Board, the California Integrated Waste Management Board, or their respective successor agencies, and all other applicable laws of the United States, the State of California, the County of Los Angeles, ordinances of the City, the requirements of Local Enforcement Agencies and all other agencies with jurisdiction. Section 6. Types and Frequency of Service A. Public Health and Safety - General. In order to protect the public health and safety, arrangements made by Buutec with its service recipients within the City of Santa Clarita for the collection of Temporary Bin and Roll -Off Solid Waste shall provide for the col- lection of such waste generated or. accumulated in Premises within the City at least once every 0 30 days. B. Temporary Bin and Roll -Off Solid Waste Services, 1. Burrtec shall collect and remove.4 Temporary ,Bin and Roll -Off Solid Waste placed in Solid Waste Bins from all Premises within the City as often as necessary to7event overflows and spillage fiomBins. 2, Burrtec agrees to provide Bins to service recipients upon commencement of service. 3. Under no circumstances shall Burrttc be required to pick up the following: a) Solid Waste not placed in a Temporary Bin or Roll -Off box; b) Oil drums, grease drums and similar metal containers and containers with sharp, rough, or jagged edges; c) Large, heavy items not broken down, including without limitation, water heaters, couches, refrigerators, stoves and large pieces of fumi- 0 ture' PS -05.06-09 Tomporory nin end Roll -Off acs solid Wnste Agracmmrinetnoon the City of Santa Clarltm and Durrtoc Wnsto Indusnins, Inc. d) Hot ashes; e) Hazardous Waste; f) Any other material or matter which is not Temporary Bin and Roll - Off Solid Waste as defined in this Agreement. C. Recycling Services. Recyclable Sohd Waste Collection. Buntec shall collect, remove and recycle all Recyclable Solid Waste placed in Temporary Bins and Roll -Off Boxes. Burrtec agrees to process Recyclable Solid Waste through a Materials Re- covery Facility or other facility capable of diverting C&D Materials in order to maximize the diversion of Temporary Bin and Roll -Off Solid Waste from landfilling. 'Inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), shall be removed from the waste stream and not sent to disposal facilities. I.S. Green Waste Collection. Burrtec shall collect, remove and recycle all Green Waste placed in Temporary Bins and Roll -Off Boxes. Burrtec shall use its best efforts to obtain maximum diversion credit, if available, for Green Waste. 2. Purchase of Recyclable Materials. Bunter may offer services for the pur- chase of Recyclable Materials from its Temporary Bin and Roll -Off Solid Waste service recipients, but will not have any exclusive rights to so. 3, Scayeridug - Discouragement Bunter will take whatever, if any, legal ac- tions (e.g., actions seeking to enjoin scavengers) which may be appropriate and effective to discourage scavenging of Recyclable Solid Waste from the Temporary Bin and Roll -Off Solid Waste Stream D. . Hours of Collection. Burrtec agrees that, in order to protect the peace and quiet of residents of the City of Santa Clarita, Burrtec's collection of Temporary Bin and Roll -Off Solid Waste which is audible in residential areas shall not be made between the hours of 5 p.m. and 6 a.m. E. Collection on Holidays. Burrtec has informed City that no collections will occur on a day on which a legal holiday is observed by the landfill, transformation, transfer station, ma- terials recovery facility, or Compostable Materials Handling Facility destination of Temporary 10 PS -05-06-09 TemporaryRin mid Roll -Off Box Sold Waste Ag oommrt nchvaon the City of Soma Clarlta and nurytoo Wasto ntdustrias, hu. o Bin and Roll -Off Solid Waste to be collected by Burrtec (presently New Year's Day, Memorial Day, Fourth of 7uly, Labor Day, Thanksgiving Day and Christmas Day). F. Customer and Public Education Programs. Burrtec will develop and implement a Customer Education Plan for its Temporary Bin and Roll -Off Solid Waste customers. The Cos-. tumer Education Plan shall include information on recycling and the safe disposal of Hazardous Wastes and Universal Wastes. G. Change in Size or Number of Bins. By written or telephonic request Service Re- cipients may request to exchange Roll -Off or Compactor Bins for larger or smaller Bins, and change the frequency of collection. Bun•tec shall exchange Bins without charge. Section 7. Collection Equipment A., General. Burrtec warrants that it.shall provide adequate numbers of vehicles and equipment, as described in its proposal, for the collection, transportation, recycling and disposal services for which it is responsible under this Agreement. B. Noise. To protect peace and quiet in Commercial areas, the noise level generated by compaction vehicles using compaction mechanisms during the stationary,compaction process O shall not exceed a single -event noise level of seventy-five (75) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Burrtec shall submit to City a certificate of vehicle noise level testing by an inde- pendent testing entity of any collection vehicles used by Buirtec in the City of Santa Clarita which has been the subJect of more than one noise complaint within any twelve-month period. IN C. Compliance. Burrtec warrants, that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and sanitary operation of all its equipment. . D. .Private Streets, Alleys and Parking Lots. Burrtec agrees to use its best efforts to prevent damage to private streets, alleys and parking lots over which its collection equipment may be operated, and to obtain all required approvals for operation of its collection vehicles on private streets, alleys and parking lots_____ E. Graffiti. Bustec agrees to maintain all its equipment, including Bins and Roll -Off Boxes, used in the City free of graffiti or "tagging" and to remove or paint over tagging or graf- fiti from any of its Bins or other collection equipment within 24 hours (Sundays and Holidays excepted) of notification by the City ora service recipient. See also § 22.E. . 1t PS -05-08-08 Temporary Rin Ind Roll•ORBox Goad Waste Agreement BOMMI fife City 01'9mnl Clarlto and Burrtec Wostc Industries, Lm. F. "hazardous Waste Disposal Prohibited" Markings. Burrtec agrees to post each Bin and Roll -Off Box placed in the City with conspicuous signs warning that the disposal of Hazardous Waste in Bins is prohibited. See also § 22.E. G. Bin Markings. Each Bin placed in the City by Buntec will be marked with Burrtec's name, telephone number and a unique Bin number, by bar code or other means. For each Bin placed in the City by Buntec, Burrtec shall provide the Bin number to the service re- cipient and to the City. The City's copy of the list of Bin numbers shall include the name and address of the service recipient authorized to use each Bin. See also § 22.E. H. Bins: Lids, Replacement; Removal. Buntec shall ensure that all its Temporary Bins in the City of Santa Clarita are equipped with operable lids, and, upon customer request, locks or hasps permitting the use of locks. Upon the request of the service recipient or City, Burrtec shall replace or repair damaged, broken or unsightly Bins. Burrtec shall remove Tem- porary Bins and Roll -Off Boxes from premises at which service has been discontinued within five collection days after receipt of notification that service has been discontinued. Section S. Privacy A. General. Burrwc shall observe and protect the rights of privacy of service recipi- ents. Information identifying individual service recipients, or the composition or contents of a service recipient's Temporary Bin and Roll -Off Solid Waste shall not be revealed to any per- son, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the service recipient. This provision shall not be con- strued to preclude Buntec from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act, or preparing and distributing public awareness materials to service recipients. B. Mailing Lists. Burrtec shall not market or distribute mailing lists with the names and addresses of service recipients. C. Privacy Rights Cumulative. The rights accorded service recipients pursuant to this Section shall be in addition to any other .privacy rights accorded service recipients pursuant to federal or state law. Section 9. Service Exceptions; Hazardous and Universal Waste Notifications A. Failure or Refusal to Collect. When Temporary Bin and Roll -Off, Solid Waste is not collected from any Temporary Bin or Roll -Off Solid Waste Service Recipient, Burrtec shall 12 PS -05-06-08 n Temporary Bin mid Roll -Off Box solid Waste Agreenualt Between the Clty of sante Clerltu end Burrtec Wasto ledustrioa, Inc. notify that Service Recipient in writing, at the time collection is not made, by use of a tag or otherwise, why the collection was not made, B. Hazardous and Universal Waste Inspection, Diversion and Reporting. Bun-tec reserves the right and has the duty under law, to inspect Temporary Bin and Roll -Off Solid Waste put out for collection and to reject Temporary Bin and Roll -Off Solid Waste observed to be contaminated with Hazardous Waste,,Should Buntec find or observe reportable quantities of Hazardous Waste put out for collection with Temporary Bin and Roll -Off Solid Waste, Buntec shall notify all agencies with jurisdiction, including the Califbmia Department of Toxic Sub- stances Control and Local Emergency Response Providers and, if appropriate, the National Re- sponse Center, of reportable quantities of Hazardous Waste, found or observed in Temporary Bin or Roll -Off Solid Waste observed or collected anywhere within the City. Burl tee shall han- dle Universal Waste Electronic Devices (UWEDs) and cathode ray tubes (CRTs) and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other, lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline, batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches, and any other O Universal Wastes improperly disposed of into the Residential Solid Waste stream in a manner consistent with the then -applicable regulations of the Department of Toxic Substances Control, or its successor agency. In addition to other required notifications, if Burrtec observes any sub- stances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released, on City property, including storm drains, streets or other public rights of way, Burrtec shall notify the City Manager, or the City Manager's designtie immediately, C. Hazardous and Universal Waste Diversion Records. Burrtec shah maintain re- cords showing the types and quantities, if any, of Hazardous and Universal Wastes found in Temporary Bin or Roll -Off Solid Waste and which was collected from service recipients within the City, but diverted from. landfilling, and the diversion addresses. A. Office Homs. Burrtec has represented to City that Burrtec's arrangements for the collection of Temporary Bin and RoII-Oft Solid Waste from premises in.the City of Santa Clarita will include Burrtec's agreement to maintain an office accessible by telephone. The City understands, but does not require, that B=tec's office hours are from 7 a.m. to 530 p.m. daily, except Saturdays, Sundays and holidays. Burrtec shall have the capability 'of.responding to Ser- vice. Recipients in English, 'Spanish, TelecdmmunieationS Deviee for the Deaf Service and other languages reasonably necessary for communication with service recipients. 13' PS -06-06-09 Tenpornry Din and Roll -Off Dox Solid Waste Agneinent Datrveen the City of Santa Clarita and Dundee Waste Industrius, I= B. Service Complaints; Missed Collections. City and Burrtec agree that the protec- tion of public health, safety and well-being require that service complaints be acted on promptly and that a record be maintained in order to permit City and Burrtec to identify poten- tial public health and safety problems. Accordingly, Burrtec shall inform all Temporary Bin and Roll -Off Solid Waste Service recipients that all service recipients' complaints shall be di- rected to Burrtec. Burrtec shall record all complaints, including date, time, complainant's name and address (if the complainant is willing to give this information) and the nature and date and manner of resolution of complaint, in a computerized daily Service Complaint Log. Any such calls received via Bmrtec's answering service shall be recorded in the log and responded to not later than the next collection day on that route. The Service Complaint Log shall be available for review by City representatives during Burrtec's office hours and be available for transmis- sion to City as an attachment to e-mail. Burrtec shall provide a copy of this Service Complaint Log to the City with the Quarterly Reports. In the case of a complaint of a missed collection, Burrtec shall make the collection on the day of the call if the call is received before one p.m. and on the next collection day if the complaint is received after one p.m. Section 11. Ownership of Solid Waste Ownership and the right to possession of Temporary Bin and Roll -Off Solid Waste placed for collection shall transfer directly from the service recipient to Burrtec, by operation of law and not by virtue of this Agreement. At no time does the City obtain any right of ownership or possession of Temporary Bin and Roll -Off Solid Waste or any Hazardous Waste illicitly placed for collection in a Bin, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. Section 12. Marketing and Diversion of Recyclable Solid Wastes Bun -tea agrees to market all Recyclable Solid Wastes collected from Commercial recy- cling programs developed pursuant to this Agreement at their reasonable fair market value, if a fair market value has been established in the marketplace at the time of marketing. Burrtec agrees to divert all Temporary Bin and Roll -Off Solid Waste from disposal in landfills or trans- formation facilities, to the extent feasible, and to obtain maximum diversion credit. Section 13. BIIIing A. Billing and Payment. Burrtec shall bill all service recipients, Bills to Temporary Bin and Roll -Off Solid Waste service recipients shall be itemized, showing charges for each classification of service, but shall not designate that portion of the bill attributable to the Fran - 14 PS -05-06-09 ' Taworerp Bin and Roll -Off Box Solid Waste Alfro went Between the Qty of Santa Quite and llwrtoc Wosto Industries, Inc. chise Fee as a separate item. Buntec agrees to include all applicable fees imposed by action of • the City Council, including, but not limited to fees for compliance with the Act in its bills sub- mitted to service recipients. Billing may be. monthly, bimonthly or quarterly, in advance, as Buntec and service recipients may agree. B. Delinquent Accounts. Burrtec may discontinue service as set forth in this section. Service recipients who have not remitted required payments within 30 .days after the date of billing shall be notified in writing (or by electronic mail if the service recipient agrees) by Burrtec. The notification shall contain a statement that services may be discontinued and Bins removed 15 days from the date of notice if payment is not made before that time. Upon receipt of the delinquent payment, Buntec shall resume collection on the next regularly scheduled col- lection day. C. Refunds. Burrtec shall refund to each service recipient, on a pro rata basis, any ad- vance service payments made by such service recipient for service not yet provided when ser- vice is discontinued by the service recipient. D. . Franchise Fee: Each month during which Buatec provides .collection services pur- suant to this Agreement, Burrtec shall pay to City a Franchise Fee. The Franchise Feeshall be O five percent of Oross Revenues, collected during each month of the term of this Agreement during which collection services were provided. This Franchise Fee shall be paid by noon on or before the 15th calendar day after the end of each calendar month during which collection ser- vices'wereprovided pursuant to this Agreement. Accompanying each monthly payment shall be an accounting of the Gross Revenues for the corresponding month. Failure of Burrtec to make any payment within the appropriate time period shall result in interest accruing thereon at the maximum rate permitted under California law, in addition to all other remedies of City pur- suant to this Agreement. Section 14• Burr-tec's Books and Records; Audits A. In addition to the requirements of"Sections 9.C, above, and 16.H and 17.11, below, Burrtec shall maintain all records relating to the services provided hereunder, including, but not _, •__•,_„_, ted ig all romps, s_j&cjjgkgr llle Cgl)ec p� and_L.Mosal QMp pat customer, lists, billing_,-- • records, maps, records substantiating the information furnished by Buntec to City pursuant to Section 16 of this Agreement and service recipient complaints for the period during which col- lection services are to be provided pursuant to 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 five (5) business days advance notice, to inspect, copy and audit all records relating to this OAgreement, including, but not limited to, service recipient lists, billing records, maps, and cus- 15 PS -05.06-09 Temporary Bin and Roll -Off Box Suad Waste Agoement Iletpreae are City of Sema Clmtta and Burrtec Waste Industries, Inc. tomer complaints. Such records shall be made available to City at Buntec's regular place of business, or other place agreed to by City and Burrtec, within the County of Los Angeles. B. Should any examination or audit of Burrtec's records reveal an underpayment of any fee required to be paid to City under this Agreement, the amount of such underpayment, plus interest at the maximum rate permitted under California law, shall become due and pay- able to City not later than thirty days after written notice of such underpayment is provided to Burrtec by City. Should an underpayment of more than one percent (1%d) be discovered, Burrtec shall bear the entire cost of the examination or audit. Section 15. Integrated Waste Management Act; Reporting Requirements A. Burrtec-City Cooperation. Burrtec shall cooperate with City in Temporary Bin and Roll -Off Solid Waste Disposal Characterization Studies and waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in its proposal. (See also Sections 17.11, 20.B.7 and 22.C, below.) During the period during which collection services are to be provided pursuant to this Agreement, Burrtec, at no expense to City, shall submit to City all relevant information and reports required to meet the reporting obligations imposed by the CIWMB under the Act, as amended. Buntec agrees to submit such reports and information by email or on computer discs, in a format acceptable to City at no additional charge, if requested by City. B. Change in AB 939. This Agreement is part of City's efforts to comply with the provisions of the Act as it may be amended and as implemented by the regulations of the Cali- fornia Integrated Waste Management Board, or its successor agency, as they may be amended, and the City's Source Reduction and Recycling Component, as it may be amended. In the event that the Act or other state or federal laws or regulations enacted or amended after this Agree- ment has been executed, prevent or preclude compliance with one or more provisions of this Agreement, or significantly increase or decrease Burrtec costs, such provisions of this Agree- ment shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Section 16. Activities and Financial Reports; Adverse Information Quarterly Reports. Burrtec, at no additional expense, shall submit to the City such in- formation or reports in such forms and at such times as the City reasonably may request or re- quire, including, but'not limited to the following, submitted not less often than as indicated: 1. Ouarterly R§Rorts. Quarterly Reports shall be submitted to City, transmitted m a format acceptable to City, as an attachment to e-mail or by disc, at City's option. Quarterly Reports shall include the following: 18 PS -05-06-09 101 N x Totryworaryy Bin and Roll -Off Boz Solid Waste Aproeanent Between the City of Santa Clarite and Burrlce Waste Industries, Bm a) Solid Waste Tonnage and Complaints. (1) The quarterly report shall show the number of tons collected each month and the tonnage delivered to disposal facilities, itemized by disposal facility. A copy of the customer com- plaint log shall be submitted with the quarterly report not later than fifteen days after the close of the calendar quarter. b) Recyclable Solid Waste: (1) A statement showing, by type of material, tons received dur- ing the month and tons marketed during each month. (2) A report providing recycling information and the number of service recipients participating. (3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging. This is to, include a description of tons rejected for sale after proc- essing (type of material, tonnage), reason for rejection and Buntec's disposal method for the rejected materials. (4) A report of recycling program promotional activities, includ- . ing materials distributed by Bun -tee to its service recipients. c) Inert Wastes Diversion Reports, A report of 'Siert wastes" (rock, concrete, brick, sand, soil, ceram- ics and cured asphalt) removed from the waste stream and not dis- posed of in a solid waste landfill, but instead, placed on property where surface mining operations are being. or have been conducted, and which may be deducted from the amount of solid waste re- quired to be reported by the City to the CIWMB. See Public Re- sources Code § 41821.3.(b). A copy or summary of the records required by Section 9.C, above. H 17 �`IIaF�eZ:IIiF Temporary Bin and Roll -Off BOX Solid Waste Agreement DehYeml the City of Sante Cawlta and Burrtec Waste Industries, Inc. e) Certification: Burrtec will provide a certification statement, under penalty of perjury, by the responsible corporate official, that the re- port is true and correct. B. Annual Report. By January 31st, beginning in 2007 and each year thereafter that collection services are provided pursuant to this Agreement, Burrtec shallsubmit to City a writ- ten year-end Annual Report in a form approved by the City. The Annual Report shall include the following information for the year ending on the preceding December 31 st: 1. General InformaJon. General information about Bun -tee, including a list of Burrtec's officers and members of its board of directors. A copy of Burrtec's most recent annual and other periodic public financial reports and those of each of its subsidiaries and affiliated corporations and other entities if any, performing services under this Agreement, as the City, following consulta- tion with Burrtec, may request. 2. Prior Year's Activities. A cumulative summary of the Quarterly Reports and information and statistics with respect to City's compliance with AB 939. 3. Recommendations. Changes in integrated waste management, including pro- jections and proposed implementation dates and costs, recommended by Buntec and recommended amendments to the City's Source Reduction and Recycling Component or this Agreement, based on developments in appli- cable law or technology. Buntec's recommendations with respect to compli- ance with AB 939 shall state the specific requirement of AB 939 that the im- plementation of the recommendation is intended to satisfy. C. Reporting Additional Matters. Burrtec shall provide City two copies (one to the . City Manager, one to the City Attorney) of all correspondence, reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Burrtee's performance of services pursuant to .this Agreement, submitted by Buntec to, or re- ceived by Burrtec from, the United States of California Environmental Protection Agency, the California Integrated Waste Management Board; or its successor agenby, the California Air Rb= sources Board, the South Coast Air Quality Management District, any California Regional Wa- ter Quality Control Board the California Department of Toxic Substances Control, or its suc- cessor, the Fair Political Practices Commission, the cognizant Local Enforcement Agency, or its successor, the Securities and Exchange Commission or any other federal, state or county agency, including any federal or state court. Copies shall be submitted to City simultaneously with Bun tec's filing or submission of such matters with said agencies. Buntec's routine corre- 18 ` PS -06-06-09 U Teinliorary Bin and Roll -Off Box Solid Waste dgroaamnl Between aho City orSanta Marlin and Burrtoe Waste Hidustrias, Ina spondence to said agencies need not be routinely submitted to City, but shall be made available to City upon written request. D. Submission of Reports. Reports shall be submitted to: City Manager City of Santa Cladta 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 E. Failure to Report. The refusal or failure of Burttm to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Buirtec in such report shall be deemed a material breach of the Agreement and shall subject Burrtec to all remedies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of this Agreement before declaring any material breach. F. Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Bun-tec. G. City's Right to Request Information. The City believes and Bur tec agrees that Ocooperation between City and Bunten is critical to the success of this program. City reserves the right to request, and Burrtec agrees to provide, additional information reasonably and di- rectly pertaining to this Agreement on an "as -needed" basis. H. CERCLA Defense Records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where solid waste attributed to sources within the City was taken, as well as where it was not taken, to be matters of concern. Buntec shall maintain data retention and preservation sys` terns, which can establish where solid waste collected in the City pursuant to this Agreement was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the reports required by Section 9.C, above, for fifty years after the term during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before' destroying such records. This provision shall survive the expiration of the "----^-----pzriud-during wlwh-obllection-services-ue-to-b-Tproviderl-untler-dirs-Agreement----'--__._.__._.- Section 17. Indemnification and Insurance A. Indemnification. Burrtec, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative Oor otherwise, including, but not limited to disputes and litigation over the definitions of "solid waste" or "Recyclable Material" or the limits of City's authority with respect to the grant of PS•06-06-09 TuespoM Bin and Roll -Off Box Solid Waste ASraemaint Bohreett the Clty of Sante Curtis, and Burrtec Waste Industries, Inc. Licenses, or agreements, exclusive or otherwise, asserting rights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust laws, and continuation rights, with respect to the provision of Solid Waste services in the City pursuant to this Agreement. This provision'shall survive the expiration of the period during which collec- tion services are to be provided under this Agreement City and Burrtec agree to confer follow- ing any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and Burrtec agree to appeal, or to oppose any appeal, City and Burrtec agree to share equally the costs of appeals, Should either City or Buritec decide to appeal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal, or to op- pose an appeal, shall beat- all fees and costs of the appeal or the opposition to the appeal. B. Environmental Indernnlfieation and Compliance. Burrtec shall indemnify, de- fend, protect and hold harmless City, its elected officials, officers, employees, volunteers, 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 re- sources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceed- ings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs itrcurred in connection with defending against any of the forego- ing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or as- serted against, City or its elected officials, officers, employees, volunteers 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 Waste in any Solid Waste collected by Burrtec pursuant to this Agreement, which is or has been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Bun-tec, or its activities Pur- suant to this Agreement result in a release of a Hazardous Waste into the environment. , Buntec further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages), demands, debts, liens, 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 de- fending 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 elected officials, officers, emPloy- ees, volunteers or agents arising from or attributable to any failure by Burrtec to fully comply with all applicable laws and regulations with respect to the operation of its collection vehicles, including, but not limited to applicable rules governing clean -burning and alternative fuel vehi- cles. 20 PS -05-06-09 0 0 Temporary Illn and RalldAf aoz Sond Waste Agreement nabveen are CRY of soma anrlta and numtec Wasto Iudustrres, Inc. C� C. Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Com- pensation.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 all forms of liability under CERCLA, RCRA, other statutes or common law for any and all matters ad- dressed in Section 17.B. This provision shall survive the expiration of the period during which collection services are to be provided under this Temporary Bin and Roll -Off Agreement. D. Compliance with Laws. Burrtec warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 939, the California Electronic Waste Recycling Act of 2003, as amended (SB20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004) and all other applicable laws and regulations of the U.S. Environmental Protection Agency, the State of California, the County of Los Angeles, the California Air Resources Board, the South Coast Air Quality Management District, the California -Integrated, Waste Management Board, the California Department of Toxic Substances Control, ordinances of the City and the requirements of Local Enforcement Agencies and all other agencies with jurisdic- tion, O E. Diversion Performance Levels; Indemnification. Buntec agrees to meet the di- version levels set forth in its proposal for the waste stream covered by this Agreement. Buntec agrees that failure to achieve that diversion level or other applicable diversion requirements of the California Integrated Waste Management Board, ("CIWMB"), or its successor agency, shall be a material breach of this Agreement. In the event of a determination by the CrVdMB or City that City has failed or will fail to meets its diversion goal performance level, Buntec shall have an opportunity to cure the material breach. See also §§ 15.A, above, and 203.7 and 22.C, be- low, F. Workers' Compensation Insurance, Burrtec shall obtain and maintain in full force and effect throughout the entire term of this Agreement full' workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and epdorsements that implement the required coverage shall be filed and mai ..:Fed vitb City. Clerk t ou t out tl�e term of this t gree egt Tie policy_pFovidi�g_ ._.-„ ... _.—coverage shall be amended to provide that the insurance shall not be suspended, voided, can- celed, reduced in coverage or•in Iimits except after thirty 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 frrom work performed by the named insured for the City. GG.. Liability and Vehicle Insurance. Buntec shall obtain and maintain in fail force and 21 PS -06-06-08 TeHswnry Bin and Roll -Off Box aoBd Waste AS=otot Betweau the City at snnta Clorlta and Burttee Wasle rndurtrles, Inc. effect throughout the entire term of this Agreement a Broad Form Comprehensive General Li- ability (occurrence) policy (form CG 0001) and a Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, Code 1 (any auto) policy with minimum limits of TWO MILLION DOLLARS ($2,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence, per year. Said insurance shall protect Burrtec and City from any claims for damages for bodily injury, including accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and 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 re- quired by this Section: "The City of Santa Clarita, its employees, agents, franchisees and officers, are hereby added as insureds as respects to liability arising out of activities performed by or on behalf of Burrtec "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." "This policy shall act for each insured, as though a separate policy had been writ- ten for each. This, however, will not act to increase the limit of liability of the in- suring company." "Thirty days' prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in cover- age a in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Manager, City Attorney and City Clerk." The insurance required by this Agreement shall be. with insurers which are Best A: VII -rated and which are California -admitted. The limits of such insurance coverage, and companies, shall be. subject to review and approval by the City's Risk Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall, be !ppJ ded as. a named insured on each. of the,policies. The.insurance_ required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions in Section 17.A, 17.B and 17.C; above. H. Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Burrtdc shall file copies Of the policies or executed en- dorsements evidencing the above required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. 22 PS -05.06-09 0 O Temp oraryain and Roll4if Ilp Solid Waite Alfrermeat netwsea ate City of Santa Clarita and nurrtca Waste Industries, Ina Butrtec also 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 term during which collection services were provided pursuant to this Agreement. Bunrtec shall notify City's Risk Manager and City Attorney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection ser- vices are to be provided under this Agreement. I. Self -Insurance. To the extent provided by law, all or any part of any required insur- ance may be provided under a plan of self-insurance approved by the State of California. J. Reduction of CERCLA and Other Liability. City and Burrtec agree to meet an-. nually in the fourth calendar quarter of each year to discuss ways to reduce potential CERCLA and other liabilities to third parties. Section 18. Cash Bonds. Concurrent with the execution of this Agreement, Buntec shall deposit with City a cash deposit, or an imvocable letter of credit or other such document (the "Cash Bond', firm an institution satisfactory to City, in a form satisfactory to City's Risk Manager and City Aitomey, evidencing an irrevocable commitment to City, in the amount of TWENTY THOUSAND ODOLLARS ($20,000.00), guaranteeing Burrtec's faithful performance of the terms of this Agreement. Such Cash Bond shall be maintained in dffect du-oughout the period during which collection services are to be. provided pursuant to this Agreement. A. Upon Buntec's failure to pay the City an amount owing under this Agreement, the Cash Bond may be assessed by the City, for purposes including, but not limited to: 1.Failure of Burrtec to pay the City sums due under the terms of the Agree- ment; 2. Reimbursgment of costs home by the City to correct Agreement violations not corrected by Burrtec, after due notice; --.----3--Monetary•emeihes-or-damagesrassessed-against Burrtec-due- to -breach -of ------- this Agreement; or 4. To satisfy an order of the referee B. Buntec.shall deposit a sum of money or a replacement instrument sufficient to re- store the Cash Bond to the original amount within thirty days after notice from the City that any Oamount has been withdrawn from the Cash Bond. 23 PS -05-06-09 To iporary BID and Roll-OLT Box Saad Waste Agreotnent Between the City of Santo Clarlin and Burrtm Waste Industries, Lu. C. All of City's costs of collection and enforcement of the provisions relating to the Cash Bond called for by this Section, including City's attorneys' fees and costs, shall be paid by Bunter Section 19. Emergency Service A. Should Burrtec, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 24.A, "Force Majeure;' below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Temporary Bin and/or Roll -Off Solid Waste, or both, which it is obligated under this Agree- ment to collect, and as a result, Temporary Bin and Roll -Off 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 exer- cise of the City Manager's sole discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with an- other solid waste enterprise to collect and transport any or all Temporary Bin and Roll -Off Solid Waste which Burrtec is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Burrtec during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any or BE Temporary Bin and Roll -Off Solid Waste which Burrtec would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Burrtec is unable to provide such services. In such event Burrtec shall identify sources from which such substi- tute solid waste services are immediately available, and shall reimburse City for all of its ex- penses for such substitute services during period in which Bunter is unable to provide collec- tion and transportation services required by this Agreement. See also § 24.A, below. B. Burrtec shall assist City in the event of terrorist attack or major disaster, such as an earthquake, storm, riot or civil disturbance, by providing collection vehicles and drivers nor- mally assigned to the City, at Burrtec's actual costs. Disputes with respect to Bturtec's emer- gency services or the costs of those services shall be resolved according to the dispute resolu- tion provisions of Sections 20 and 21 of this Agreement. Bunter shall cooperate With City, county, state and federal officials in filing information related to a regional, state or federally - declared state of emergency or disaster or terrorist attack as to which Bunter has provided equipment and drivers pursuant to this Temporary Bin and Roll -Off Agreement. Section 20. Administrative Remedies; Imposition of Damages; Termination A. Notice; Response; Resolution; Appeal. 1. Notice of Deficiencies• Res o_nse_. If City's Environmental Services Division Manager, or the Manager's designee (collectively, the "Manager") deter- mines that Bunter's performance pursuant to this Agreement may not be in 24 PS -05.08-09 0 0. Tanporary Din end aoll•oBBox Sold Waoto Ayroemart Dehroeu tho City of Santo Claita and Burrtec Weate Indgetrles, Ina �1 conformity with the provisions of this Agreement, the California Integrated J Waste Management Act (including, but not limited to, requirements for di- version, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, the Manager may advise Burrtec in writing of such. suspected deficiencies, specifying the deficiency in reasonable detail. The Manager, in any written Notification of Deficiencies, shall set a reason- able time within which Burrtec is to respond. Unless the circumstances ne- cessitate correction and response within a shorter period of time, Burrtec shall correct any deficiencies it agrees have occurred and in any event shall respond to the written Notification of Deficiencies within thirty days from the receipt by Burrtec of such written notice. Burrtec may request additional time to correct deficiencies. City shall approve reasonable requests for addi- tional time. 25 PS -05-05.09 i Temporary Bin and Rob-01raos Solid Waste Agrootnant Behrwn No City at Santa Clarim and aurrtac Waste Industries, Inc. 2. Review by Manager Notice of Aooeal. a) The Manager shall review any written response from Bunter and de- cide the matter. If the Manager's decision is adverse to Burrtec, the Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or involve any other remedy in accordance with this Agreement and, in the event the Manager determines that there has been a material breach and that termination is the appropriate rem- edy, terminate the Agreement. The Manager shall promptly inform Burrtec of the Manager's decision. In the event the decision is ad- verse to Burrtec, the Manager shall inform Burrtec, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the Manager's decision and any remedial action taken or ordered. An adverse decision by the Manager shall be final and conclusive unless Bunter files a "Notice of Appeal" with the City Clerk (with copies to the City Manager and City Attorney) within 30 days of receipt of the notification of the ad- verse decision by the Manager. b) in any "Notice of Appeal" Burrtec shall state its factual contentions and include all relevant affidavits, documents, photographs and videotapes which Burrtec desires to have considered by City. In addi- tion, Burrtec shall include all of its legal contentions, citing provi- sions of the Agreement or other laws to support its contentions. 3. Review by City Manager Appeal. a) Within thirty days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's deci- sion is adverse to Burrtec, the City Manager may order remedial ac- tions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, teiibinate-the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with Sec- tion 20.B and 20. C, below, or refer the matter directly to a referee for proceedings in accordance with Section 21, below, The City Man- ager shall promptly inform Bunter of the City Manager's decision. In the event the City Manager's decision is adverse to Burrtec, the City Manager shall inform Burrtec, in writing, of the specific facts 26 PS -05-08-09 0 o Tmtparory Bin and Rall-0C Box Solid Waste Agroamant Bahrein the City of Santa Clarlta and Burrtaa Waata Industries, Ina. %1 found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered b) An adverse decision by the City Manager shall be, final and conclu- sive unless Burnec files a `Notice of Appeal to the City Council with the City Clerk (and serves a copy, by mail, on the City-Manager and the City Attorney) within 10 calendar days of receipt of the deci- sion of -the. City Manager. A `Notice of Appeal to the City Council" shall state the factual basis, the evidence relied on and all legal con- tentions which Burrtec may choose to submit. No new evidence not previously submitted in accordance with Section 20.A.I.b) may be submitted B. City Council Hearing, If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Buntec; the City Council will set the matter for an administrative hearing and act on the matter, or refer the matter to a referee as provided in Section 21, below. If the City Council elects to hear the matter, the City Clerk shall give Buntec fourteen (14) days written notice of the time and place /1 of the administrative hearing. At the hearing, the City Council shall consider the administrative J record, consisting of the following: 1. A Staff Report by the City Manager, summarizing the proceedings to date' and outlining the City Council's options; 2. The Manager's written Notification of Deficiencies; 3. Burrtec's response to the Notification of Deficiencies; 4. The Manager's written notification to Ban-tee of adverse decision; 5. Bun tec's Notice of Appeal to the City Manager; ' 6. The City Manager's written notification to Burrtec of adverse decision; and 7. 'Burrtec's Notice of Appeal to the City Council. No new legal issues may be raised, nor may new evidence be submitted by Burrtec at this or at any further point in the proceedings, absent a showing of good cause: Bunter's representatives Oand other interested persons shall have. a reasonable oppoitunity to be heard. 27 PS•05-06.08 ' Tan,porary Bin and Ron -Oft Box Solid waste Agreement Betwaot, the City of Santa Chita and Burrtoc Waste Industries, Inc. C. City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that Buntec is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Buntec to take reme- dial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Burrtec is in mate- rial breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Buntec's performance trader the Agreement is not excused during the period of time prior to a final determination as to whether or not Burrtec's performance is in material breach of this Agreement, or the time set by City for Buntec to dis- continue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Buntec files a "Notice of Appeal to Referee" with the City Clerk (and serves copies, by mail, on the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the excep- tion of draws on the Cash Bond, the execution of City's remedies shall be stayed until Burrtec has exhausted its appeals under Sections 20 and 21 of this Agreement. D. Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Burrtec may appeal any decision, order or action by the City Council or City Manager under this Section 20, as provided in Section 21, below, by filing a Notice of Appeal to Referee with the City Clerk within ten business days of receipt of the decision by the City Manager or City Council and following the procedures set forth in Section 21, below. A decision of the City Manager to refer a matter directly to a referee without first referring it to the City Council, may not be appealed. E. Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 1. If Burrtec practices, or attempts to practice, any fraud or deceit upon the City, or practiced any gaud or deceit or made any intentional misrepresenta- tions in its proposal or the negotiations which preceded the execution of this Agreement; 2. If Buntec becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Burrtec in a bankruptcy proceeding; 28 PS -05-08.08 Temporary Bin and Rn8.0IIBox Soad Waste Agrsomant Bahveen aho City or Santa Clarlta and Durrtac Waste Industries, Inc, �i 3. If Buatec fails to provide or maintain in full force,'effect and amount, the �J woikers compensation, liability and indemnification coverage and Cash Bonds required by this Agreement; 4• If Buntec violates any orders or rulings of any regulatory body having juris- diction over Burrtec relative to this Agreement, in any material manner, pro- vided that Burrtec may contest any such orders or rulings by appropriate proceedings, conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Burrtec. is entered;- 5. ntered; 5. If Burrtec ceases to provide collection service as required under this Agree- ment over a substantial portion (more than 10% of any route) of the Com- mercial area of the City of Santa Clarity for a period of two (2) calendar days of more, for any reason within the control of Buirtec; . 6. If Buirtec fails to make any payments required under this Agreement or re- fuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement; O7. If Buirtec fails to achieve the diversion goals set forth in Burrtec's proposal. In the event that tha California Integrated Waste Management Board, or its successor agency, or City determines that Burrtec has failed to meet the di- version goals set forth in its proposal, Buirtec shall have an opportunity to cure this material breach, within time allotted by the CIWIYM, its successor agency, or City, as appropriate. See also Sections 15.A and 17.13, above, and Section 22.C, below. O 8 Any other act or omission by Buirtec which materially violates the terms, conditions 'or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written Notification of Deficiencies or if Burrtec cannot reasonably correct or remedy the breach within the time set forth in such notice, if Burrtec should fail to commence to correct or ___..�_r._-_.�_�r€frt€d$T'sr�dfihll�gedZiefi�iL�ci�e Witli�i th€tu'-St; diligently effect effect such correction or remedy thereafter. F. ' Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Burrtec to perform its obligations under this Agreement, 29' PS -05.06-09 Temporary Bin and Roll -Oft Box solid Waite Allroomant Botaoen tho city or Santa Clarlm and Burrtec W Date Industrin, Ine. Section 21. Referral to Referee; Hearing Procedures Either party to this Agreement at any time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 20, if applicable, may refer a disputed matter for resolution under this Section 21 in the following manner. A. Applicability. If either the City Manager or the City Council refers a matter to a referee, or Burrtec appeals or refers a matter to a referee, the provisions of this Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement. B. Reference of Dispute. Any dispute seeling damages and any dispute seeking equi- table relief, such as but not limited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638- 645.1. The venue of any proceeding hereunder shall be in Los Angeles County, California. 1. Procedure for Annointment. The party seeking to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall ap- ply to the Judicial Arbitration and Mediation Service ("JAMS") of Los An- geles County to nominate a minimum of five prospective referees. If the par- ties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with Burrtec, shall alternate in striking one prospective referee at a time until only one referee remains. F 2. Ex Parte Communications Prohibited Neither party may communicate separately with the referee after the referee has been selected. All subsequent communications between a party and a referee shall be delivered simultane- ously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance, or to confidential me- diation or settlement briefs when submission of such is agreed to by the par-. ties and the referee. 3. Coo aration. The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after fust giving notice of its intent to rely on the provisions of this Section 21, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs ex- ` 30 PS-05-oB-09 . 0 0 i TomporaryB6t and Roll -Off Box Solid Waata Agr==t Bauvaeu the City of Sante Ctartto qnd Barrtgc Waste Industria, Inc i Openses or attorneys fees and costs as a result of the other party's violation of Code of Civil Procedure § 128.5, the referee may award such additional ex- penses and attorneys' fee to the party giving such notice, even if such parry j is not the prevailing party in the dispute. i 4, Discovery, The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Burrtec agree otherwise, or unless the referee shall determine otherwise. Any party to the hearing may issue a request to compel reasonable document production from the other party, subject to the limitations of Section 20, limiting evidence to the administrative record. Disputes concerning the scope of document pro- duction and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of a document request, then by disposition by order of the referee, Any document request shall be subject to the proprietary rights and rights of privilege of the patties, and the referee shall adopt procedures to protect such rights. Except as may be agreed by the parties, or ordered by' the referee, no other form of discovery shall be available to the parties. O 5, Standards for Decision. The provisions of California Code of Civil Prcce- dure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute reso- lution by a referee hereunder. In an effort to clarify and amplify the proLi- sions of California Code of Civil Procedure, §§ 644 and 645, the parties ' agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and Califor- nia Rules of Court, Rule 232. The referee shall try and decide the dispute ac- cording to all of the substantive and procedural law of the state of California, unless the parties stipulate to the contrary. 6. Evidence and Findines. The referee shall consider the administrative record, including the Notice of Deficiencies, Burrtec's response to the Notice of De- ficiencies, the decision of the Manager, the Notice of Appeal, the decision of -- - — --- the GityivI ager, the Noti of �:ppral to th�eity-ftwcil; and-the-decision—•— of the City Council, in addition to other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for com- ment, When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based•on said decision. 31 PS -05.06.09 Tamporary Bin and Roll -off Box Solid Waxto Agreement net,veen the qty of Santo Gorlin and Burriac waste Industria. rna Remedial Authority. A referee to whom a matter is referred shall have the authority to (i) order either party to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent with the terms of this Agreement or (iii) find there has been no breach. 8. Stay Pending Entry of Final Iudgment. Except as provided in Section 20.0 with respect to draws on a Cash Bond, until final judgment is entered from the referee proceeding under the foregoing provisions and the time for ap- peal or other post judgment petition has expired, the imposition or enforce- ment of any penalties or sanctions provided in this Agreement and related to the subject matter of the heating shall be stayed.. The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party sub- ject thereto acted with substantial justification, or if the interests of justice so requite. 9. Allocation of Referee's Costs. The referee's costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be home equally by the parties to the dispute initially, but the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as ap- portioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the time(s) required, the other party may do so, in which event that party will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee shall include such costs in the judgment or award C. IDecision. The decision of the referee may be excepted to in accordance with Code of Civil Procedure § 645. Section 22. City's Additional Remedies In addition to the City's other remedies, City shall have the following rights: A. Contracts with Others. The right to contract with others to perform the services otherwise to be performed by Buntec, in the event Burrtec should be in material breach of its duties to provide those services, or is otherwise unable to provide the services addressed by this Agreement. B. Damages and/or Injunctive Relief. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of.a breach under the terms of this 32 PS -05-06-09 Temporary Bin and Roll -Off Box Goad Warta Agreanaant Botween the City of Santa clarion and Burrtea Wean IndusMas, Inc. O Agreement by Burrtec, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach. See also § 22.E, below. C. City's Damages for Failure to Achieve Diversion Goals. Burrtec agrees that its failure to achieve the diversion goals set forth in its proposal for the waste stream collected un- der this Agreement, arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions.of this Agreement, or its breach of the requirements of §§ 15.A and 173, above, related to waste diversion, shall be a material breach of this Agreement. See also § 20.E.7, above. # the California Integrated Waste Management Board, or its successor agency, were to impose administrative civil penalties against City, then the City's, damages for Burrtec's material breach in its failure to achieve the diversion goalsfor the City as retiuhed by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the admin- istrative civil penalties against City. D. Rights of City in Event of Certain Misconduct Notwithstanding any other provi- sion in this Agreement to the contrary, the City shall have the right to terminate this Agreement if any official of Buntec, or any associated film or entity, including but not limited to, any par- ent or subsidiary company involved with the performance or administration of the Agreement is convicted of, or pleads guilty, no contest or nolo contendere to'a felony relating to this Agreement or any other agreement for the provision of solid waste services in another City. E. Liquidated Damages. The parties agree that the failure of Brrrrtec to comply with the requirements of Sections 7.E, F and (3, regarding, respectively, Graffiti, "Hazardous Waste Prohibited" Marldngs and Bin Marldngs, have the potential to cause great damage to the City, which damages would be difficult to calculate For that reason, the Parties agree that if, follow- ing 24 hours notice identifying the Bin or Bins by address or Bin cumber (required by Section 7.0, above), Burrtec, is in violation of any requirement of Section 7 E, F or G; above, Burrtec will .pay to city $500.00 per Bin, for each day or any part of a day, (excluding Sundays and holidays), in which a Bin was out of compliance with any requirement of Section 7 E, F or U. __._........_..__._....__Section23_.----- kranchise-Txmsfer;-Cit$-Consent;.F.ees__..—.._.._,._--.-..._— __._.._ ._...._ A. Burrtec may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of (collectively "Transfer"), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily or involuntarily, with- out the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of Burrtec, except as provided in Sub -Section 23.C, below, any sale or other transfer or change in ownership or control of any of 33 PS -05-06-09 Temporary Bin and Roll -Off Box Solid Waste Agreement BCnYten the MY of Santa Clarltn and Burrme Waste Industries, Inc the capital stock or other capital or equity interests, or any sale or transfer of fifty percent (5091b) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties under it. Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, may be voided. I The City has no obligation to give its consent to a Transfer of the Franchise granted by this Agreement. The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demonstrate that it, and its officers and managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring accep- tance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City's satisfaction that it has the operational and financial ability to perform the terms of this Agreement. C. Burrtec's internal reorganization shall not constitute a Transfer provided that City consent to the reorganization is sought and received prior to any internal reorganization. An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of Burrtec, or by operation of law. Any request for an internal reor- ganization must be submitted in writing to the City Manager, no less than one hundred and twenty days prior to the proposed effective date of the internal reorganization. Buntec shall re- imburse City for all of its costs to review the request and to determine if it is an internal reor- ganization. City's expenses may include, but are not limited to, Staff, City Attorney's and Spe- cial Counsel's fees and costs and Accountants' fees and costs, Determination by the City Man- ager shall be final and conclusive. Any attempt to implement an internal reorganization without the consent of City shall constitute a material breach of this Agreement. D. Fees. Any application for a Franchise Transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of $50,000 to cover the estimated cost of all direct and indirect expenses, including City staff, consultants' and attorneys' fees, incased by City to adequately analyze the application.and the qualifications of the prospective transferee. Any costs incurred by the City in excess of $50,000 shall be reimbursed by the Buntec prior to submission of the proposed Transfer to the City Council. In the event that the City's costs ate less than $50,000, City shall refund the remaining deposit to Burrtec If Transfer is approved, upon approval, the transferee shall pay to City a Transfer fee in the amount of $50,000 or five percent (5%) of Gross Revenues for the first twelve months, whichever is greater. 34 PS -05-06-09 Temporary Bin and Roa•OffBOX Solid Waste ASroement Betweon the City of Sonta Ciartta and BUMM Waste Industries, rnc. . CJ Section 24. General Provisions A. Force Majeure. Burrtec shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services of Buntec are interrupted temporarily or permanently for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of Santa Clalita; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, land- slides and fires; or other catastrophic events which are, beyond the reasonable control of Burrtec "Other catastrophic events" does not include the financial inability of Buntec to perform or failure of Buntec to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exer- cise of reasonable diligence by Buntec In the event a labor disturbance interrupts collection and transportation of Temporary Bin and Roll -Off Solid Waste and/or disposal of Temporary Bin and Roll-Qff Solid Waste by Buntec as required under this Agreement, City may elect to exer- cise its rights under Section 19 of this Agreement. Failure by City to exercise its rights under this Section 24.A shall not be, deemed a waiver of its rights under Section 20.E.5, above. B. Independent Status. Buntec is an independent entity and not an officer, agent, ser- vant or employee of City. Buntec is solely responsible for the acts and omissions of its officers, O agents, employees, contractors and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Buntec nor an arrange- ment for the disposal of Hazardous Wastes. Neither Buntec nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Normal.wear and tear in City streets resulting -from general vehicular traffic excepted, Buntec shall be responsible for damage to City's driving surfaces, whether or not paved, resulting' from the operation of Buntec vehicles providing Temporary Bin and Roll -Off Solid Waste Services within the City. Butrtec understands that the exercise of this Franchise may involve operation of its collection vehicles over private roads and streets, Disputes between Buntec and its service recipients as to damage to private pavement are civil matters and complaints of damage will be. referred to Burrtec' as matters within its sole respon- sibility and as a matter within the scope of Section 17,A, 171, and ITC, above. D. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Burrtec to City or private property shall be repaired or replaced by Burrtec, at Buntec's sole expense.. Except as provided in Section 17, above, this Agreement does not purport to relieve, diminish, reduce, create or increase in any way, Burrtec's civil li- ability to any third parties. 35 PS -05-08-09 Temporary Din and Roll -Off Box Solid Waste AQraomenl Detwoml fila City of Seats Clorlla and Burnet Waste Industries, Inc. E. Law to Govern; Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. In the event of litigation in a U.S. District Court exclusive venue shall he in the Central District of California. F. Fees and Gratuities. Burrtec shall not permit any officer, agent or employee to re- quest, solicit, demand or accept, either directly or indirectly, any gratuity for the collection of Temporary Bin and Roll -Off Solid Waste otherwise required to be collected under this Agree- ment. G. Amendments, Except as otherwise provided in this Agreement, no other amend- ment of this Agreement shall be valid unless in writing duly executed by the parties. Purported oral amendments shall be void and of no force or effect. H. 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, and by email, addressed as follows: To City: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 Copy to: Benjamin Lucha Environmental Projects Development Coordinator City of Santa Clarita 23920 Valencia Blvd., Ste. 300 Santa Clarita, California 91355 And to: City Attorney City of Santa Clarita c/o Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, California 90071-2953 With copies by email to B UCHA@santa-clarita.com and cnewton@bwslaw.com To Burrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, California 92335 and by email to Debbie@burrtec.com 36 PS -05-06-09 n O Temporary aht and Roll -Off Box Solid Wnate Ayreameataetwoon the City at Santa Claraa and aurrtoc Wacta luduetrlas, am. C� 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 email or telecopier or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. 1. Savings Clause and Entirety. If any non -material provision of this Agreement for any reason shall be held to be invalid or unenforceable, the invalidity or unenfoiceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. J. Incorporation by Reference. Exhibit A, the City's Source Reduction and Recy- cling Component, and Burrtec's Service Proposal, dated October 7, 2005, and all supplements to that proposal are incorporated into this Agreement by this reference. K. Joint Drafting. This Agreement shall be construed as having been drafted jointly by the parties to this Agreement. L. Transition to Nest Solid Waste Enterprise. If in the final 12 months of the period during which Burrtec is to provide collection services under this Agreement, Burrtec and City have not entered into a succeeding agreement, Buntec shall cooperate fully with City and all prospective subsequent Solid waste enterprise(s), franphisee(s), licensee(s), permittee(s) or other Person seeking to provide services similar to the Services so as to assure an'efficient, or- derly, timely and effective transition. In that regard, Burrtec agrees to make available to City and to prospective proposers in any competitive process used by the City to select a successor, route maps, customer lists, and all other records requested by City. IN WITNESS WBEREOF, the patties have executed this Agreement as of the date first above written. CITY OF SANTA MAMA i. f i. � •••� �r' � � �yJ'�-tip ySnsron�i�awabnr, ,,� �rY(o 6 . Eity'G'lerls APPiOVM AS TO FORM: 37 PS -05-06-09 Toinporary Bin and Roll•Off Dox Solid Wino A9reemoat Behrem the Clip 2f Sant2 Gant, 2nd Burnet W tale L,dwtrics, Inc. Carl K Newton Cityity A B Buntec By: - [CEO, President, Chairman of the Board or any VicePresid nt] And by: (/ [The ecretaty, any assistant secretary, CFO or any assistant treasurer] State of Cakifomia, County of bes-gales, ss. ?I f �tz in the y ar 200-5, before me On �1�.c. \� `� SWIV appeared r and personally known to me (or proved to me. on the basis of r satisfactory evidence) to be the persons whose names ate subscribed to this instrument and acknowledged that he (she or they) executed it pursuant to a resolution of the Board of Directors of Burrtec tEMM —-1�,.'ZtL-WWMtom:" ►.a.ro. DEBRA G.HANSEN COffttftMon A 1379077 ` Notary PubOc - Collfornla San Bernardino County MyCanm..E s0ct8.20D6 ... C 38 PS -05-08.09 Temporary Rin and Roll -Off Do Goad Wena Apreeurout Batrvaon the City of Santa Clarlin and Iturrtec waste Industries, L,e. o Exhibit A Guaranty This GUARANTY (the "Guaranty") is made as oflrcra4rtNtc_ 2005, by Burnet Waste Industries, Inc., i California corporation, ("Guarantor"), the address of which is 9890 Cherry Avenue, Fontana, California 92335, in favor of the City of Santa Clarita, a California municipal corporation (the "City ). 1. Recitals. This Guaranty is made with respgct to the following facts and circumstances: (a) The City and Burrtec have entered intoa Temporary Bin and Roll -Off Box Solid Waste Agreement, dated for reference purposes /`:-4 / .200,X. (b) The City would not enter into the Agreement with Burrtee unless the Guarantor agreed to guarantee the obligations of Buntec under the Agreement as provided in this Guaranty, and the Guarantor, as a material inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver this Guaranty and to agree to and be / 1 bound by its terms. E 2. Guaranty. 2.1. Guaranty of Obligations. The Guarantor unconditionally, absolutely and irrevocably guarantees to the City to cause the full, prompt and complete payment and performance when due of all indebtedness and obligations of Burrtec to the City under the Agreement, including, without limitation, all obligations of indemnity on the part of Buirtec under the Agreement. 2.2. Guaranty of Payment. The liability of the Guarantor on this Guaranty is a. guaranty of payment. and performance and not of collectibility, and is not conditional or contingent on the genuineness, validity, regularity or enforceability pf the Agreement or the �.___..--..pursuit-by-the• Qty of-any-remedies-that-it-now-has•or••may-hereaftsr-have-with-respect-to-the--- Agreement. 2.3. Continuing Guaranty. This Guaranty is a continuing guaranty of the indebtedness and. obligations of Burrtec under the Agreement, including any and all such ED #4826.1050.7775 vt A-1 PS -05-06.09 Temporary Bin Sad Roll -09 BOX Solid Waata Aaracntant Bat rear the Clty or Santo Clarite and Bumke Waste Industries, Inc - indebtedness and obligations which are renewed, extended, compromised, or restructured from time to time. 2.4. Independent Obligations. The Guarantor agrees that it is directly and primarily liable to the City, that the Guarantor's obligations hereunder are independent of the indebtedness and the obligations of Buntec under the Agreement, and that a separate action or actions may be brought and prosecuted against the Guarantor, whether or not action is brought against Bunrec or whether or not Burrtec is joined in any such action or actions. 3. Consents by Guarantor. 3.1. Consents. The Guarantor hereby authorizes the City, without notice or demand and without affecting the Guarantor's liability hereunder, from time to time to: 3.1.1. Changes in Terms. Renew, compromise, extend, accept partial payments, accelerate or restructure the indebtedness and obligations of Burtec under the Agreement or otherwise change the time for payment or the terms of any such indebtedness or obligations, or any part thereof. 3.1.2. Amendment of Agreement Waive, amend, rescind, modify or otherwise change any of the terms or provisions of the Agreement. 3.1.3. ? iauidation of Guaranteed Obligations, Settle, release, compromise, collect or otherwise liquidate any of the indebtedness or obligations of Burrtec under the Agreement, or any part thereof, and any security or collateral therefore in any manner as the City may determine in its sole and absolute discretion. 3.1.4. Collateral Take and hold collateral to secure the payment and performance of the indebtedness and obligations of Burrtec under the Agreement and exchange, enforce, waive and release any such collateral, and apply such collateral and direct the order or manner of sale thereof as the City in its, sole and absolute discretion may determine. 3.1.5. Releases. Release or substitute any one or more endorsers or other guarantors. 3.2. Non -Release of Guarantor. The Guarantor agrees that the City may do any or all of the matters specified in Section 3.1 in such manner, upon such terms, and at Such times, as the A-2 PS -05.06-09 SD #4929.1050-7776 v1 n 0. Temporm7 Bin and ROU -01T BOX Solid Waste Agreement Between the City at Banta Clarite and Burnet Waste Industries, Iu. City, in its sole and absolute discretion, deems advisable, without, in any way or respect, impairing, affecting, reducing or releasing the Guarantor from its undertakings hereunder and the Guarantor hereby consents to each and all of the matters specified in Section 3.1, 4. Waivers. 4.1. Defenses. The Guarantor hereby waives any right to assert against the City as a defense, counterclaim, setoff or cross-claim, any defense (legal or equitable), counterclaim, setoff or cross-claim, which the Guarantor may now or at any time hereafter have under applicable law, rule, arrangement or relationship against Burrtec 4.2. Presentment. Demand and Notice. The Guarantor waives all presentments, demands for performance, notices of nonperfa mance, protests, notices Df protests, notices of dishonor, notices of default, notice of acceptance of this Guaranty, diligence and notices of the existence, creation or incurrence, of the indebtedness and obligations of Burrtec under the Agreement or of new or additional indebtedness or obligations of Biurtec incurred or created after the date of this Guaranty, and all other demands, notices or formalities of whatsoever kind to which the Guarantor may be entitled under applicable law. O4.3. Remedies Against Burrtec As a condition to payment or performance by the Guarantor under this Guaranty, the City shall not be required to, and the Guarantor hereby waives any and all rights to require the City to, prosecute or seek to enforce any remedies against Burrtec or any other party liable to the City on account of the indebtedness and obligations of Burrtec under the Agreement or to require the City to seek to enforce or resort to any remedies with respect to any -security interests, liens or encumbrances granted to the City by Burrtec or any other party on account of the indebtedness and obligations of Burrtec under the Agreement. . 4.4. Subrogation Rights. Until all the terms, covenants and conditions of the Agreement on Burrtec's part to be performed and observed are fully performed ' and observed, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity or contribution against Burrtec by reason of any payments or acts of performance by the --._—Guarantorin-compliance--witb_the-obligationsmf-the_Guarantor_t ndeLthis_CmarantN-.prouided— tha notwithstanding the foregoing, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity, contribution or any other rights that would result in the Guarantor being deemed a creditor of Burrtec under the Federal Bankruptcy Code, and the Guarantor irrevocably waives all such rights and the right to assert any. such rights. 50 #4828-1080-7778 v7 A-3 *Mel•3aMPF1 Trntpmv7 Bin and Roll -Of Box Solid Waste Agreement Between ate Cay of seats CMta and Btnrta Wssto ntdnstries, ine. S. Waiver of Suretvshin Defenses• Antideficiency Leeislation, The Guarantor agrees that nothing contained in this Guaranty shall prevent the City from suing on the Agreement or from exercising any other rights available to it under the Agreement, and that the exercise of any of these rights shall not constitute a legal or equitable discharge of the Guarantor. The Guarantor understands that the exercise by the City of certain lights and remedies contained in the Agreement may affect or eliminate the Guarantor's right of subrogation against Burrtec and that the Guarantor may therefore succeed to a partially or totally non -reimbursable liability hereunder. Nevertheless, the Guarantor hereby authorizes and empowers the City to exercise, in its sole and absolute discretion, any rights and remedies, or any combination of rights and remedies, that may then be available, since it is the intent and purpose of the Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Without limiting the generality of the foregoing, the Guarantor expressly waives any and all benefits under California Civil Code §§ 2809, 2810, 2819, 2845, 2849, 2850 and 2855, and California Code of Civil Procedure §§ 580a, 580b, 580d and 726, 6. BankraRtcv. 6.1. Liability of Guarantor Unaffected The liability of the Guarantor under this Guaranty shall in no way be affected by: the release or discharge of Buntec in any creditor proceeding, receivership, bankruptcy or other proceeding; the impairment, limitation or modification of the liability of Buntec or the estate of Burrtec, or any remedy for the enforcement of Burrtec's liability, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or any bankruptcy, insolvency, debtor relief statute (state or federal), or any other statute, or from the decision of any court, the rejection or disaffirmance of the indebtedness or obligations of Burrtec under the Agreement, or any portion thereof, in any such proceeding; or the cessation, from any cause whatsoever, whether consensual or by operation of law, of the liability of Burrtec to the City. 7. Termination of Guaranty. The Guarantor's obligations under this Guaranty shall continue in full force and effect and this Guaranty shall not terminate until the indebtedness and obligations of Burrtec under the Agreement are fully paid, performed and discharged and the City gives. the.Guarantor,written-potice of that fact, The„ indebtedness. and. obligations of Buntec under the Agreement shall not be considered fully paid, performed and discharged unless and until all payments by Burrtec to the City are no longer subject to any right on the part of any person, including, without limitation, Burrtec, Buntec as debtor-in-possession, or any trustee or receiver in bankruptcy, to set aside such payments or seek to recoup the amount of such payments, or any part thereof. The foregoing shall include, without limitation, all rights to recover preferences voidable under the federal Bankruptcy Code. In the event that any such A-4 PS -05.08-09 8D #4828.1080.7778 v1 o Temporary Bin and aoa-ORnax soad Warta Agre wd Between the CRY of sdnta C4rito Md nurrtee waste Industries, Ina O payments by Bunter to the City are set aside after the malting thereof, in whole or in part, or settled without litigation, to the extent of any such settlement, all of which is within the City's sole and absolute discretion, the Guarantor shall be liable for the full amount the City is required to repay plus costs, interest, attorneys' fees and any and all expenses .which the City paid or incurred in connection therewith. The Guarantor shall continue to be liable under the terms of this Guaranty notwithstanding the transfer by Burrtec of all or any portion of the property encumbered by the Agreement. 8. Other Provisions. 8.1. Exuensea. The Guarantor agrees to pay all attorneys' fees and all other costs and expenses which may be incurred by the City in the enforcement or collection of this Guaranty and the indebtedness and obligations of Bunter under the Agreement, whether or not suit'is filed. 8.2. Interest. All amounts required to be.paid to the City by the Guarantor pursuant to the provisions of this Guaranty.(including, without limitation, pursuant to Section 2 and 8.1 hereof) shall bear -interest from the date upon which such amounts are due to the date of payment thereof of the highest rate permitted by law. All payments of such amounts by the OGuarantor shall include any such accrued interest. 8.3. Governing Law. The validity, construction and performance of this Guarantee shall be governed by the laws, without regard to the laws as to choice or conflict of laws, of the State of California.. 8.4. Bptire A eerment. This Guaranty embodies the entire agreement and understanding between the City and the Guarantor pertaining to the subject matter of this Guaranty, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of such parties, pertaining to that subject matter. 8.5.. Assignment: Binding Effect. Neither this Gdaranty nor any rights or obligations under this Guaranty may be assigned by the Guarantor without the prior written consent of the -- ---City-Subject-W e-foregoing-the-provisions-of--hhis--Qummnty-shall--bind-and-inur-e-to-the--- benefit of the City and the; Guarantor and their respective Heirs, executors, personal representatives, successors and assigns. 8.6. Notices. Whenever the City or the Guarantor desire or are required to give any notice, demand or request with respect to this Guaranty, each such communication shall be in A-5 So #4828.1050-7778 v1 PS -05.06-09 Temporary Bin and Holl -Off Box Solid Wast¢ Agreement Be %Y"II 8m City of Santa Ciarita and Burrtec Waste Indusirlos, Inc. writing and shall be given by personal service or mailed by Certified Mail, postage prepaid, return receipt requested, addressed to Guarantor as set forth in the first paragraph of this Guaranty and to City at City's City Hall. Such communications sent shall be effectively given when they are received by the addressee thereof, but if sent by Certified Mail, they shall be effectively given three (3) days after being deposited in the United States Mail. The City and the Guarantor may change their respective address for such communications by giving notice to the other in conformity with this Section. 8.7. Amendment and Waiver. This Guaranty may not be amended, modified or supplemented except by a writing duly executed by the Guarantor and a duly authorized officer of the City. No provision of this Guaranty or right of the City under this Guaranty can be waived except by a writing duly executed by a duly authorized officer of the City. No waiver by the City of a breach of any provision of this Guaranty shall be construed as a waiver of any subsequent or different breach, and no forbearance by the City to seek a remedy for noncompliance or breach by the Guarantor shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach. 8.8. Time. Time is of the essence with respect to each provision of this Guaranty. 8.9. Severability. The invalidity or unenforceability of any particular provision of this Guaranty shall not affect the other provisions, and this Guaranty shall be construed in all respects as if any invalid or unenforceable provision were omitted. 8.10. Further Action. The Guarantor agrees to perforin any further acts and to execute and deliver any other documents which may be necessary in the opinion of the City to effect the provisions of this Guaranty. 8.11. Headings. The section and other headings contained in this Guaranty are for reference purposes only and shall not affect in any way the meaning or interpretation of this Guaranty. IN WITNESS WHEREOF, the Guarantor, Guaranty as of the year and date first above written. GUARANTOR: So "828-1050-7778 vl Buntec Tomporary Mn and Roll -Off Box Solld Wale Agrocnant Bolwom t6o Chyyl uta ClaHla and Burrtoc Waste Industilea, ine OAnd by: [The S y, any assistant secretary, CFO or any assistant treasurer] C �Qs�acct:r\U State of :-1r�or�^.a ,County On this CA 0 da of pir in the 200 before me ��p o airy appeared and \ t, r, oC • personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and acknowledged that he (she or they) executed it pursuant to a resolution of the Board of Directors of Burrtec Waste Industries, Inc., a California corporation. DEBRA *G. HANSEN _ Commission # 1579077 d N()otcry Pu )"C - CClifomlc O San Bemordno County r My Comm. Expkes O et a, =6 EXHIBIT B COMMERCIAL AGREEMENT CONSOLIDATED NONEXCLUSIVE FRANCHISE AGREEMENT This Nonexclusive Franchise Agreement ("Agreement') is entered into as of , 2013 ("Effective Date") by and between the City of Santa Clarita, a California municipal corporation (the "City") and Consolidated Services, a Limited Liability Corporation, ("Franchisee"), who agree as follows: 1. Recitals. This Agreement is made with reference to the following facts and circumstances: (a) On July 1, 2012, Franchisee entered into a nonexclusive franchise agreement with the County of Los Angeles ("County") for solid waste management services in bins to commercial enterprises in the unincorporated territory of the County, including the unincorporated portions of the Santa Clarita Valley ("County Franchise"). A copy of the County Franchise is attached as Exhibit 1. (b) The County Franchise is an open market competitive agreement that sets forth, among other things, certain terms and conditions that Franchisee must comply with in providing solid waste management services. The termination date of the County Franchise was June 30, 2019. (c) In 2012 and 2013, the City completed annexations of certain portions of unincorporated land in Los Angeles County into the City (the "Annexed Areas"). The Annexed Areas are described in the attached Exhibit 2. (d) The County has taken the position that the County Franchise applies only to the unincorporated areas of the County and consequently, it will no longer remain in force and effect as of the date the Annexed Areas are officially annexed into the City. (e) Pursuant to Public Resources Code section 49520, the City notified Franchisee that the City intends to contract for exclusive solid waste handling services with another provider for the Annexed Areas. (f) The Parties agree that pursuant to Public Resources Code section 49520, Franchisee has the right to continue to provide solid waste handling services for commercial enterprises in the Annexed Areas for a period of five years from the date the City provided notice of its intent to have an exclusive provider for the Annexed Areas, which is agreed to be June 14, 2012 for the Soledad Commons, Copperstone, and Elsmere Canyon areas, and December 17, 2012 for the Fair Oaks Ranch, West Sand Canyon and North Copper Hill areas, and April 16, 2013 for South Sand Canyon area, and August 15, 2013 for the Norland/Robinson Ranch areas. (g) Pursuant to Public Resources Code section 40521, Franchisee must provide such continued solid waste handling services in the Annexed Area and Future Annexed Areas in substantial compliance with the terms and conditions of the County Franchise and must meet the quality and frequency of service that is provided by the City in the City's incorporated areas for such similar service. (h) The City and Franchisee both desire that Franchisee continue to provide solid waste handling services to commercial enterprises in the Annexed Area and pursuant to the terms and conditions in the County Franchise until the expiration of the term of this Agreement, with some limited amendments. (i) This Agreement will ensure that Franchisee provide solid waste handling services to commercial enterprises in the Annexed Areas in compliance with the terms and conditions of the County Franchise, with certain amendments that are consistent with City standards, until the expiration of the term of this Agreement. This will guarantee consistency and will improve uniformity of service in the Annexed Areas during the term in which the Franchisee has the right to continue to provide such services. 2. Aoreement. The City and the Franchisee agree that Franchisee will continue to provide solid waste handling services to commercial enterprises in the Annexed Area and Future Annexed Areas pursuant to, and bound by, the terms and conditions of the County Franchise for the Term (as defined below) of this Agreement, with the following amendments: (a) Any reference to the "County", "Los Angeles County", the "Los Angeles County Department of Public Works", or the "Director of the Los Angeles Department of Public Works" in the County Franchise shall mean "City". (b) Section 1(D) of the County Franchise concerning franchise fees is deleted and replaced with the attached Exhibit 3. (c) Section 2(A)(1) of the County Franchise concerning expiration date is deleted and replaced by Section 3 of this Agreement. (d) Section 13 of the County Franchise concerning Indemnification is deleted and replaced with the attached Exhibit 4. (e) Section 14 of the County Franchise concerning Insurance is deleted and replaced with the attached Exhibit 5. (f) All reference in the County Franchise to "roll -off box" or "roll -off" service is deleted and replaced with the attached Exhibit 6, which is a copy of the existing temporary bin and roll -off solid waste franchise agreement between Franchisee and City ("Existing Roll -Off Agreement'), and Franchisee agrees to abide by the terms and conditions in the Existing Roll -Off Agreement and any future amendments to such. 3. Term and Termination. The term of this Agreement begins on the Effective Date and terminates as follows: Franchisee's rights to provide service and obligations under this Agreement with regard to the Annexed Areas terminate as follows: 1. On June 14, 2017 for the annexed areas of Soledad Commons, Copperstone, and Elsmere Canyon; 2. On December 17, 2017 for the annexed areas of Fair Oaks Ranch and West Sand Canyon; and 3. On December 17, 2017 for the annexed area of North Copper Hill; and 4. On October 16, 2018 for the annexed area of South Sand Canyon; and 5. On October 16, 2018 for the annexed areas of Norland and Robinson Ranch. These five dates are collectively referred to as the "Annexed Area Termination Dates". For the avoidance of doubt, Franchisee shall have no further right to provide solid waste handling services to commercial enterprises in the Annexed Area after the Annexed Area Termination Dates, unless otherwise authorized in writing by the City. 4. Transition Plan. Franchisee shall submit a detailed transition plan six months prior to the Annexed Area Termination Date that outlines how it intends to ensure that the transition from Franchisee to the City's exclusive hauler will be carried out in an efficient manner and will not impact the provision of services to City residents. [Signature Page Follows] IN WITNESS WHEREOF, the Parties enter into this Amendment of the Assigned Franchise as of the date first written above. CONSOLIDATED SERVICES 0 CITY OF SANTA CLARITA By: Kenneth W. Striplin City Manager ATTEST: By: Armine Chaparyan Interim City Clerk APPROVED AS TO FORM: By: Joseph M. Montes City Attorney EXHIBIT 1 (Nonexclusive County Franchise Agreement) GAIL FARBER, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 'To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 9!803-1331 Telephone:(626) 458-5100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 918024460 IN REPLY PLEASE p REFER TO FILE: AS -0 May 30, 2012 TRANSMITTAL OF CONTRACT FOR SIGNATURES You are hereby notified that the Board of Supervisors awarded your company the contract work entitled Non -Exclusive Commercial Franchise; however, the contract will not be considered fully executed until signed by the Director of Public Works. Please note that Exhibit C has been replaced in its entirety by Exhibit C.1 Enclosed are three copies (Contractor Execute, Department Execute, and Contractor's File Copy) of the contract, along with Instructions for Executing Agreements. Please retain the "Contractor's File Copy" for your files. Sign, notarize, and return the remaining two copies (Department Execute and Contractor Execute) to one of the following addresses no later than Wednesday, June 6, 2012: Via Hand Delivery: -OR- Department of Public Works Administrative Services Division Attention Mr. Jesus Castillo 900 South Fremont Avenue Alhambra, CA 91803-1331 Via U.S. Mail: Department of Public Works Administrative Services Division Attention Mr. Jesus Castillo P.O. Box 1460 Alhambra, CA 91802-1460 County approved Performance Bond/Financial Assurance in the amount of $25,000, and insurance must be submitted before the execution of the Agreement by County. No work can commence until the final execution of the Agreement. The proof of insurance must also be accompanied by a copy of the additional insured endorsement to the commercial general liability policies reflecting County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, Employees, and Volunteers as additionally insured. Please send the proof of insurance to Mr. Jesus Castillo, via scanned e-mail to icastill6�dpw.lacounty.4ov, or facsimile at (626) 458-4194. The insurance certificate(s) must be received by Public Works no later than Wednesday, June 6, 2012. Enclosed is a sample Performance Bond. Please refer to Exhibit H of the Request for Proposals for specific bond language and requirements for COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS INSTRUCTIONS FOR EXECUTING AGREEMENTS. AMENDMENTS AND SERVICE CONTRACTS General Leave the spaces for the date on line 1 of page 1 of the Agreement blank. The date will be filled in by the County. Principals must sign on the last page of the Agreement (NOTARIZATION IS REQUIRED). Please note that notarization is required for each principal ,s signature. Agreements which do not have proper notarization will be returned for proper execution. All notary acknowledgments must be manually signed. Xeroxed or stamped signatures are not acceptable. Corporations Signatures: President or Vice -President and Secretary or Assistant Secretary Affix corporate seal at each signing and affix notary acknowledgment as indicated above. One-person corporations are to sign both as the President and as the Secretary. Others may sign for the corporation if Public Works is furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so. Out of State corporations must be registered to conduct business in -the State of California. ---- --- — - Partnerships Signatures: All members of partnership or designated partner(s). Only designated partner(s) need sign if a statement signed by all members of the partnership, which designates which partners) is (are) authorized to sign on behalf of the partnership and to which a partnership notary acknowledgment is affixed, is filed with Public Works. Affix partnership notary acknowledgment as indicated above. Individuals Signatures: The individual. Affix individual notary acknowledgment as indicated above. Another may sign for the individual if Public Works is furnished a certified power of attorney authorizing the other person to sign and to which a notary acknowledgment has been affixed. Fictitious Business Names (d.b.a.) Signatures: Documents should be signed as AJohn Doe, d.b.a. XYZ Co.@ Affix notary acknowledgment for individual, d.b.a.... as indicated above. Joint Ventures Signatures: Principals of the joint venture or designated member(s). Signatures should be as indicated above for each specific entity comprising the joint venture. However, only designated member(s) need sign if a statement signed by all principals of the joint venture, designates which member(s) is (are) authorized to sign documents on behalf of thejoint venture, and to which a joint venture notary acknowledgment is affixed, is filed with Public Works. Affix joint venture notary acknowledgment as indicated above. PAASPUMCONTRAC'IICONTRACTING FORM&AGREEMENTS\INSTRUCTIONS FOR EXECUTING.DOC 07/04 CONTRACTOR'S FILE COPY Non -Exclusive Commercial Solid Waste Collection Franchise Agreement For the Unincorporated Areas of The County of Los Angeles BETWEEN THE COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS AND CONSOLIDATED DISPOSAL SERVICES, LLC CONTRACT # 003062 Franchise Date: JULY 1, 2012 Expiration Date: JUNE 30, 2019 2012-FA001 Non -Exclusive Commercial Franchise TABLE OF CONTENTS REFERENCES................................................................................................................ 3 RECITALS......................................................................................................................9 SECTION 1 - FRANCHISE GRANT..............................................................................10 SECTION2 -TERM ......................................................................................................13 SECTION 3 - SCOPE OF FRANCHISE SERVICES.....................................................15 SECTION 4 - SERVICE STANDARDS.........................................................................17 SECTION5 - PRIVACY................................................................................................19 SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING ...................19 SECTION 7 - CUSTOMER SERVICE...........................................................................20 SECTION 8 - OWNERSHIP OF MSW; DISCLAIMERS................................................23 SECTION 9 - SETTING RATES AND CUSTOMER BILLING......................................23 SECTION 10 - FRANCHISEE RECORDS; AUDITS.....................................................23 SECTION 11 -COUNTY'S DIVERSION PRIORITIES..................................................26 SECTION12 - REPORTS............................................................................................. 27 SECTION 13 -INDEMNIFICATION .................I.................................._ .............................. 28 SECTION 14 - INSURANCE.........................................................................................30 SECTION 15 - FINANCIAL ASSURANCE................................................................... 30 SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT............................................................................................................... 31 SECTION 17 - ENFORCEMENT OF AGREEMENT..................................................... 37 SECTION 18 - GENERAL PROVISIONS..................................................................... 39 SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT ................. 40 SECTION 20 - EXECUTION OF AGREEMENT........................................................... 41 ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES..................................43 ATTACHMENT NO. 2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES...............................................................52 ATTACHMENT NO. 3 (Section 14) -INSURANCE REQUIREMENTS ........................53 ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS................................................................................................................ 60 EXHIBIT A - LIST OF UNINCORPORATED COUNTY COMMUNITIES ...................... 65 EXHIBIT B - MAP OF UNINCORPORATED COUNTY AREAS................................66 EXHIBIT C - CUSTOMER BILL OF RIGHTS.....................................................69 EXHIBIT D - MANDATORY RECYCLING REQUIREMENTS................................72 EXHIBIT E - DEFAULTED PROPERTY TAX REDUCTION PROGRAM.....................88 EXHIBIT F - INTERNAL REVENUE SERVICE NOTICE 1015 ....................................92 EXHIBIT G - SAFELY SURRENDERED BABY LAW POSTERS ...........................93 EXHIBIT H - BOND FOR FAITHFUL PERFORMANCE........................................97 EXHIBIT I - FRANCHISE DOCUMENTATION...................................................99 2 2012-FA001 Non -Exclusive Commercial Franchise REFERENCES The text in this Franchise Agreement uses the following conventions: (1) References to Sections and Articles refer to Sections and Articles of this Agreement, unless specified otherwise. (2) References to Attachments and Exhibits refer to Attachments and Exhibits appended to this Agreement. (3) References to Subsections are to the Section in which that Subsection occurs, unless specified otherwise. (4) Words have the meanings defined below or in the text of this Agreement. Definitions inserted in text are italicized. 3 2012-FA001 Non -Exclusive Commercial Franchise SECTION DEFINITION AB 939 California Integrated Waste Management Act of 1989, California Public Resources Code 40000 et seg. "bin... _ _ 1A- -_ .. breach 16A bulky item Attachment No. 1 F2 cart 1B No. (5) CCR California Code of Regulations CEDs A "covered electronic device" as defined in California Public Resources Code Section 42463, including: (1) cathode ray tube (CRT) device (including television and computer monitor); (2) LCD desktop monitor; (3) Laptop computer with LCD display; (4) LCD television; (5) plasma television; and (6) any other "covered electronic devices" listed in the regulations adopted by the California Department of Toxic Substances Control pursuant to California Health and Safety Code Section 25214.10.1(b). container Cart, bin, roll -off box or other container for storing discarded solid waste pending collection. 3 2012-FA001 Non -Exclusive Commercial Franchise commercial Refers to premises such as stores; offices; industrial plants; private schools; restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers and nursing homes (with respect to nonmedical waste only). Commercial does not include residential premises or multifamily premises. County business 4F day County's office 4F hours County's Direct costs of COUNTY (including payroll and reimbursement benefits, materials, and services) plus 35 percent costs thereof. customer Someone who subscribes to franchise services from FRANCHISEE. Customer Bill of 7C -Rights Customer 7C Subscription Order date of this Paragraph Agreement above Recitals day Calendar day default 16B1 Director The County of Los Angeles Director of Public Works or his or her authorized representative. E -waste Waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, and calculators. franchise fee 1D franchise 1A services franchise year July 1 — June 30 (contrasted with a calendar year) Garbage Districts formed pursuant to Public Resources Disposal Districts Code Section 4900 et seq., and Los Angeles County Code Chapter 29.90. 2012-FA001 Non -Exclusive Commercial Franchise immediate family 1E including "including, without limitation" law 4A liabilities 13D MRF Materials Recovery Facility multifamily Refers to the following premises: (1) dwellings with three or more attached dwelling units (such as apartments), each with separate cooking and bathing facilities; (2) townhouses, whether attached or detached, (3) condominiums, whether attached or detached; or (4) the following developments that receive solid waste services in bins: • planned residential developments (PRD's), • planned urban development's (POD'sy and • community developments (such as mobile home parks). notice 18C premises A tract of land with habitable buildings located in the service area, which is safely accessible by trucks used to provide franchise services. promptly Within two County business days quarter The following periods: (1) January 1 — March 31, (2) April 1 — June 30, (3) July'1 — September 30, or (4) October 1 — December 31. reasonable Actions that a prudent business person would efforts take under the same or similar circumstances intending in good faith to satisfy its obligations. records 10A recyclables 1131 On the date of this Agreement, recyclables include the following types of solid waste: (1) aluminum and metal cans; (2) newspaper; (3) glass jars and bottles; 4 tin cans; 2012•FA001 Non -Exclusive Commercial Franchise 6 2012-FA001 Non -Exclusive Commercial Franchise (5) plastic soda bottles; (6) plastic milk and water jugs; (7) plastic bags (e.g., bread, frozen food, grocery bags); (8) type No. 1 plastic containers (PET - polyethylene terephthalate); (9) type No. 2 plastic containers (HDPE -high density polyethylene); and type No.3-7 containers. (10) all types of paper (e.g., office paper, junk mail, magazines, telephone books); (11) corrugated cardboard refuse "Solid waste" comprised of garbage, rubbish and trash regulatory 4A authority Request for All documentation and information that -Statement of -----.--....-.-....-...-..- .-FRANCHISEE submits to COUNTY and that the - Qualifications Director deems complete, including: (1) Unpermitted Waste Screening Protocol; (2) Customer Subscription Order Template Form; (3) Recycling and Waste Diversion Plan; (4) Vehicle List residential Refers to premises containing detached, single- family homes or duplexes, other than: (1) townhouses, whether attached or detached, (2) condominiums, whether attached or detached, or (3) the following developments that receive solid waste services in carts: • planned residential developments (PRD's), • planned urban development's (PUD's), and • community developments (such as mobile home parks) roll -off box 1A service area The unincorporated area of the COUNTY 6 2012-FA001 Non -Exclusive Commercial Franchise sharps Attachment No.1 E3b solid waste 1A solid waste 3B facility solid waste (1) "Solid waste handling" defined under management California Public Resource Code Section services 40195 (on the date of this Agreement, collection, transportation storage, transfer or processing of solid waste), and (2) "Solid waste disposal" defined under California Public Resource Code Section 40192, as required by County Code Section 20.72.140 subcontractors Anyone that provides goods or services (whether or not pursuant to oral or written agreement), related to: (1) collection, transportation, or storage of -- - — - - - - - ----solid- -waste CEDs or E=waste handled under this Agreement; or (2) operation, maintenance, and repair of assets used to provide franchise services such as For example transfer 1 E uncontrollable The following events: circumstances (1) riots, war, or emergency affecting the COUNTY declared by the President of the United States or Congress of the United States, the Governor of California, or the Board of Supervisors; (2) sabotage, civil disturbance, insurrection, explosion; (3) natural disasters such as floods, earthquakes, landslides, and fires; (4) strikes, lockouts and other labor disturbances; and (5) other catastrophic events that are beyond the reasonable control of FRANCHISEE despite FRANCHISEE'S reasonable efforts, excluding: . FRANCHISEE'S financial inability to provide franchise services, or 7 2012-FA001 Non -Exclusive Commercial Franchise 2012-FA001 Non -Exclusive Commerdal Franchise • FRANCHISEE's failure to obtain any permits necessary to provide franchise services or the right to use the facilities of any public entity unpermitted 6A waste violation/violation Any noncompliance with law as evidenced by of law notice, assessment, or determination of any regulatory authority to FRANCHISEE, whether or not a fine or penalty is included, assessed, levied, or attached. year Calendar year, unless "franchise year' is explicitly rovided. 2012-FA001 Non -Exclusive Commerdal Franchise The County of Los Angeles, a political subdivision of the State of California (COUNTY), and CONSOLIDATED DISPOSAL SERVICES, LLC, a Limited Liability Company (FRANCHISEE) enter into this Agreement on the date of this Agreement. "date of this Agreement" means the date that both parties have signed this Agreement in Section 20. RECITALS OPEN MARKET COMPETITION. Historically, private waste haulers and not County have arranged to provide municipal solid waste management services in bins to commercial enterprises in the unincorporated territory of County. Private haulers and their commercial customers have competitively negotiated service charges in an open - market, except in Garbage Disposal Districts and residential franchise areas, where the haulers contract with County to provide solid waste management services. FRANCHISE PURPOSE. Under this Agreement, private haulers will continue to arrange to provide solid waste management service in bins to commercial customers, subject to the terms of this -Agreement. This -Agreement will: increase hauler accountability for customer service, • help implement the Source Reduction and Recycling Element of the County's Solid Waste Plan, including providing diversion programs, maintaining more accurate records and improving reporting, and specifically the establishment and enforcement of recycling programs for businesses and multifamily dwellings, • provide efficient contract administration and enforcement by COUNTY staff, and • provide bulky waste collection to curb illegal dumping . SOLID WASTE PERMITS. Article XI, Section 7 of the California State Constitution authorizes COUNTY to protect the public health and safety by exercising its authority over police and sanitary matters. Historically, the COUNTY Department of Health Services issued permits to haulers for the hauling of solid waste with requirements to protect public health and safety, including frequency of collection and collection vehicle maintenance. It will continue to do so, and FRANCHISEE shall continue to obtain that permit and comply with all of its provisions. SELF -HAUL OPTION. This Agreement does not require anyone to subscribe to franchise services from FRANCHISEE. Owners and occupants of premises may self - haul their solid waste. They may store solid waste generated on their premises in their own containers, and collect and transport it in their own vehicles for reuse, recycling, or disposal. Customers' obligations to pay FRANCHISEE service fees under this 9 2012-FA001 Non -Exclusive Commercial Franchise Agreement does not arise because they own property, but because they generate refuse and do not exercise their right to self -haul. FRANCHISE AUTHORIZATION. California Public Resources Code Section 40059 specifically authorizes COUNTY to prescribe the terms and conditions of aspects of solid waste management services, including: the nature, location, and level/extent of services. frequency of collection; means of collection and transportation; service charges and fees; and whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. County Code Chapter 20.70 authorizes the Director to require franchises in any part of the unincorporated territory of the County that is not served by a Garbage Disposal District. ....... ..... - - .. _ .. -_. ...... ........... .. ._ _ . - -- ._.....- _. .. - _. ..... ._. . COUNTY consulted with representatives of waste haulers in developing this Agreement. COUNTY and representatives of the private hauling industry met many times to discuss the scope of franchise services, service specifications, service standards, and other performance obligations and to address the industry's questions, comments, and concerns. SECTION 1 — FRANCHISE GRANT A. Non -Exclusive Grant and Acceptance. COUNTY grants to FRANCHISEE and FRANCHISEE accepts the non-exclusive right and privilege to provide franchise services with respect to solid waste discarded in bins and roll -off boxes and within the unincorporated areas of the COUNTY. In COUNTY'S sole discretion, COUNTY may also grant to other persons the same rights and privileges that it grants FRANCHISEE under this Agreement. COUNTY is not liable to FRANCHISEE for acts of anyone who provides solid waste management services without a permit or franchise required by law, and FRANCHISEE releases COUNTY from any liability in connection with any of those acts. "franchise services" means all FRANCHISEE'S obligations under this Agreement to its customers and COUNTY. "solid waste" means "solid waste" defined in California Public Resource Code Section 40191. "bin" means any container for storage of solid waste that is picked up with front end 10 2012-FAC01 Non-Exclushre Commerdal Franchise loading vehicles, such as those having a 1- to 8 -yard capacity, commonly referred to as dumpsters. "roll -off box" means any open -topped rectangular container for storage, collection, and transport of solid waste that are rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks), sometimes referred to as debris boxes. B. Exclusions from Franchise. This grant excludes: (1) recyclables that any person donates or sells to someone other than FRANCHISEE. recyclables" means types of solid waste designated by COUNTY. (2) solid waste that any person self -hauls, such as shingles generated by roofers and yard waste by gardeners who: • collect the solid waste in receptacles other than those provided by FRANCHISEE, and • transport the solid waste in that person's own vehicles for disposal or processing. (3) solid waste discarded at premises owned or controlled by COUNTY or any other person governed by the Board of Supervisors ; (4) solid waste discarded at premises owned or controlled by: • the State of California; • any school district; or • any person that is not legally obligated to subscribe to franchise services. (5) solid waste discarded in carts at premises that receive franchise services under an exclusive franchise awarded by the COUNTY for cart service (such as an Exclusive Franchise Agreement For Provision of Refuse, Recyclables, and Green Waste Automated Cart Services at Residential Premises and Certain Multifamily and Commercial Premises), including residential, multifamily and commercial premises. However, FRANCHISEE must collect recyclables discarded in carts at customers' premises under its Recycling and Waste Diversion Plan in its Request for Statement of Qualifications and Attachment No. 1. "cart" means a wheeled container for storage of solid waste that is (semi) automatically picked up by mechanical arms on a side loading truck (6) solid waste discarded by anyone who is receiving solid waste management services from a solid waste enterprise (if any) that has the statutory right to continue to provide franchise services to that person under California Public Resource Code Section 49520 at seq. 11 2012-FA001 Non -Exclusive Commercial Franchise C. Definition of Rights. FRANCHISEE acknowledges: (1) This Agreement does not grant FRANCHISEE any rights under Public Resource Code Section 49520. (2) FRANCHISEE does not have the right to make any claim under Public Resource Code Section 49520, but only under this Agreement. Upon expiration or termination of this Agreement, FRANCHISEE shall cease providing franchise services even if the expiration or termination occurs before the end of the period described in Public Resource Code Section 49520. After expiration or termination of this Agreement, COUNTY may reprocure one or more agreements for solid waste management services with FRANCHISEE or other persons. Those agreements may be exclusive, partially exclusive, or wholly exclusive franchises, contracts, licenses, permits or otherwise, with or without competitive bidding. D. Franchise Fee. "franchise fee" means the franchise fee established from time to time and paid under COUNTY Code Chapter 20.70 and implementing ordinances or resolutions of the In consideration for this franchise, FRANCHISEE shall be obligated to COUNTY beginning on the date of this agreement, and shall pay the franchise fee at the time and in the amount and manner established from time to time by County ordinance or resolution of the Board of Supervisors. FRANCHISEE shall not separately identify the franchise fee in correspondence with its customers, such as in customer subscription orders or service bills, unless the language is approved by COUNTY. All communication with customers regarding increased charges, including both written and oral communication, shall be approved by County. FRANCHISEE shall pay the franchise fee with respect to all fees that it charges customers, including customers that subscribe to: (1) franchise services for bins (such multifamily complex), and (2) non -franchise services for carts within a multifamily complex) as centrally -located green waste bins in a (such as individual carts for each dwelling unless FRANCHISEE pays franchise fees with respect to all or a part of those fees under County residential franchises. E. Transfer. FRANCHISEE may transfer this Agreement, the franchise granted under it, or any rights or duties under it: in whole or in part, whether voluntarily or involuntarily, 12 2012-FA001 Non -Exclusive Commercial Franchise 2. directly or indirectly (including through asset purchase, or merger with or acquisition of the FRANCHISEE), subject to the following exception. FRANCHISEE may not make that transfer without the Director's prior written consent exercised in the Director's sole discretion, if the party to whom the FRANCHISEE makes the transfer (the transferee) does not qualify for any previously extended term of this agreement under Section 2. For example, if the existing FRANCHISEE (transferor) purchased alternative fueled vehicles and this agreement was consequently extended, then the combined vehicle fleet of new FRANCHISEE (transferee) must continue to meet the requirements for that extended term. Upon County request, FRANCHISEE shall pay County an amount requested by County, to conduct investigations deemed necessary by County to determine whether or not to grant its consent to the transfer. "transfer" means an action (or inaction) which has the direct (or indirect) effect of changing the permittee named on FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health. SECTION 2 — TERM A. Length of Term. 1. Expiration Date. The term of this Agreement begins on the date of this Agreement and ends on the "Expiration Date" on the cover of this Agreement which is initially the same for all franchisees under Non - Exclusive Commercial Solid Waste Collection Franchise Agreements. 2. Earned Extension. a. 50 percent Fleet Conversion. The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the following contract conditions, determined to satisfaction of COUNTY in COUNTY's sole discretion: 1. FRANCHISEE is not in breach of this Agreement, including compliance with Diesel Particulate Matter Control Measures 13 CCR 2020 et seq.; and 2. 50 percent of the trucks that FRANCHISEE uses to provide franchise services meet the technical specifications for both of the following: • new solid waste collection vehicles under Section (d)(1) of the South Coast Air Quality Management District (SCAQMD) 13 2012-FA001 Non -Exclusive Commercial Franchise RULE 1193. CLEAN ON -ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES in effect- on ffecton the date of this agreement; and added or replaced transfer or roll off vehicles under Section (d)(2) of Rule 1193. The technical specifications in Diesel Particulate Matter Control Measures 13 CCR 2020 et seq, are incorporated by reference into this agreement as contractual provisions, whether or not those Measures apply to this agreement or FRANCHISEE as regulatory requirements. 50 Percent CONVERSION DATE EXTENDED EXPIRATION DATE as of this franchise date/ prior to July 1 2012 June 30, 2022 prior to July 1, 2013 June 30, 2021 prior to July 1, 2014 June 30, 2020 b. 75 percent Fleet Conversion. The term of this agreement will be .... _..... extended_for-the following periods of time if.FRANCHiSEE meets both of the preceding contract conditions in Subsection 2a, above, with respect to 75 percent of those trucks, determined to satisfaction of COUNTY in COUNTY's sole discretion: 75 Percent CONVERSION DATE EXTENDED EXPIRATION DATE prior to July 1, 2015 June 30, 2022 prior to July 1, 2016 June 30, 2021 prior to July 1, 2017 June 30, 2020 C. Proof of Conversion. Each year FRANCHISEE shall attach to its annual report an inventory of all solid waste collection, transfer, and roll off vehicles used to provide franchise services, including the following information: 1. application (solid waste collection, roll off, or transfer) 2. vehicle identification number, 3. license plate number, 4. engine model year, 5. fuel type, 6. domicile location, and 7. other information requested by COUNTY. Throughout the extended term, FRANCHISEE must continue to meet both extension conditions determined to satisfaction of COUNTY in COUNTY's sole discretion. 14 2012-FAOO1 Non-Fxcluslve Commerclal Franchise d. No Conversion or Earned Extension. If FRANCHISEE does not meet either the 50 percent or 75 percent extension requirement, then upon scheduled expiration of this agreement on June 30, 2019, the term of this agreement will be extended on a month -by -month basis until the earlier of: 1. the date the Director names in notice to FRANCHISEE, given in the Director's sole discretion, or 2. June 30, 2022. 3. Optional Extension. In its sole discretion the Director may extend the term one or more times in monthly increments for up to three years plus a month-to-month extension up to six months. B. Continuing Obligations. The following provisions survive the expiration or termination of this Agreement: (1) all acknowledgments, representations, warranties, indemnities, defenses, and releases; ---- — (2) - —obligations to pay any due and payable monetary amounts or claims for - those amounts, including franchise fees; (3) obligations with respect to records and reports, (4) obligations to respect customers' privacy; and (5) any other provision of this Agreement stated to survive the expiration or termination of this Agreement. C. Undepreciated Assets. FRANCHISEE acknowledges that it has no right to recover an amount equal to the undepreciated value of assets it uses to provide franchise services that might remain at the expiration or termination of this Agreement, from COUNTY or customers. SECTION 3 — SCOPE OF FRANCHISE SERVICES A. Arrangement with Customers. FRANCHISEE may independently arrange to provide franchise services in bins and roll -off boxes in the service area at the frequency, capacity, price, and other terms agreed to with its customers. B. Acknowledgements. FRANCHISEE acknowledges the following: (1) Although this Agreement prescribes minimum scope of franchise services, service specifications, and service standards, COUNTY is not responsible for supervising or performing franchise services; (2) FRANCHISEE and not COUNTY is arranging for franchise services, and COUNTY does not become a "generator" or an "arranger" as those terms are used in the context of CERCLA Section 107(a)(3), and 15 2012-FA001 Non -Exclusive Commercial Franchise (3) FRANCHISEE has full freedom, discretion, and responsibility to solely determine the manner of providing franchise services, including its choice of solid waste facilities, unless COUNTY designates one or more solid waste facilities under Section 3G. "solid waste facilities" means "solid waste facility" defrned in Public Resource Code Section 40194; facilities that handle CEDs and E -waste; and any other facilities named by COUNTY. C. COUNTY Solid Waste Programs. FRANCHISEE shall provide to its customers all franchise services in bins and roll -off boxes described in ATTACHMENTS No. 1 and No. 2, respectively. FRANCHISEE shall not dispose of recyclables or mix recyclables with refuse. D. Director Request. Upon Director request, FRANCHISEE shall use its best efforts to promptly provide franchise services to any premises identified by Director, as the Director deems necessary to protect public health or safety. E. Emergency Assistance. FRANCHISEE shall provide solid waste management services requested by COUNTY in health and safety emergencies (such as an earthquake, storm, or riot, or when solid waste is accumulating at set -out sites for more than a week). FRANCHISEE shall charge COUNTY no more than what FRANCHISEE charges its customers for the same frequency and capacity of service, unless Director authorizes different charges upon request of and cost substantiation by FRANCHISE. Upon request of COUNTY, FRANCHISEE shall give COUNTY, California or Federal officials information that is related to cost of providing the emergency services (such as number or amount of vehicles, fuel, employees, tonnage and disposal fees). F. Franchisee -Selected Solid Waste Facilities. Unless COUNTY designates one or more solid waste facilities under Section 3G, FRANCHISEE shall select solid waste facilities solely in its discretion, including transfer stations and material recovery; composting and disposal facilities; and materials brokers and beneficiators. FRANCHISEE shall notify COUNTY of the solid waste facilities that FRANCHISEE chooses for each respective type of solid waste (refuse, recyclables, bulky items, and any green waste), CEDs, and E -waste. FRANCHISEE must deliver solid waste, CEDs and E -waste only to those facilities. G. Designation. County reserves the right to direct one or more of those materials referenced above to a specified site or facility [within the County] upon agreement with FRANCHISEE on the amount of any additional compensation under the following subsection. 16 2012-FA001 Non -Exclusive Commercial Franchlse H. Compensation. COUNTY will compensate FRANCHISEE for any direct costs (such as increased tipping fees) which FRANCHISEE incurs following delivery of materials to a County -designated solid waste facility instead of to a Franchisee -selected solid waste facility. SECTION 4 - SERVICE STANDARDS A. Legal Requirements. FRANCHISEE shall provide franchise services in compliance with law, such as the following: (1) County Code Section 20.72.130 Hours of Collection; (2) 14 California Code of Regulations 17314 & 17316 (RE maintenance, placement and labeling of containers); (3) FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health, including any recycling plans and waste screening protocols; (4) County Code Section 2.200 County Child Support Compliance Program, ------ ..provided in Attachment 4 Cabor-Related Provisions Required in County Contracts'; (5) County Property Tax Reduction Ordinance (unless FRANCHISEE qualifies for an provided in Section 16D; (6) California Air Resources Board Diesel Measures at 13 CCR 2020 at seq.; and (7) South Coast Air Quality Management ON - ROAD RESIDENTIAL AND COLLECTION VEHICLES. in County Code Section 2.206 exemption or exclusion) as Particulate Matter Control District Rule 1193 CLEAN COMMERCIAL REFUSE "law" means all statutes, regulations, rules, guidelines, permits, actions determinations, order or requirements of regulatory authorities that apply to franchise services or this Agreement, including their future amendments, supplements, replacement, restatement or recodification. "regulatory authority" means a Federal, State or local governmental agency that regulates franchise services, including CA DOT, CA DMV, EDD, COUNTY, COUNTY'S LEA and U.S. Immigration and Naturalization Services, or other health and safety department of the agency. Provisions of law are incorporated into this Agreement by reference as FRANCHISEE's contractual obligations. COUNTY may enforce those provisions not as violations of law (subject to fines or penalties), but as breaches of this 17 2012-FA001 Non -Exclusive Commercial Franchise Agreement (subject to remedies under this Agreement). COUNTY has no obligation to enforce law. B. Spills. FRANCHISEE shall enclose or cover all solid waste that it transports, whether in vehicles, debris boxes, hoppers, compactors, or any other containers. FRANCHISEE shall prevent solid waste from escaping, dropping, spilling, leaking, blowing, sifting, falling, or scattering from vehicles ("spills") during collection and transportation. FRANCHISEE shall not transfer loads from one vehicle to another vehicle unless necessitated by mechanical failure or accidental damage to a vehicle. FRANCHISEE shall immediately clean up any solid waste that it spills onto any alley, street, or public place. C. Leaking. FRANCHISEE shall prevent oil, hydraulic fluid, paint, putrescible waste, or other liquid from leaking from its vehicles or containers. FRANCHISEE shall equip each vehicle with petroleum absorbent agents and other appropriate cleaning agents. FRANCHISEE shall immediately cover, treat, or remove leaked materials from the ground and apply cleaning agent to minimize their adverse impact. -D- -Noise and Traffic. FRANCHISEE shall collect solid waste in compliance with noise levels prescribed by applicable law, including County Code Section 12.08.520 -Refuse, as quietly as possible and with the least possible disruption to the peace and quiet of the service area. FRANCHISEE shall perform franchise services so as to cause the least possible obstruction and inconvenience to public traffic. E. Customer Correspondence and Other Materials. FRANCHISEE shall submit the following materials to the Director for approval 30 days prior to mailing them to customers: (1) all written materials given to FRANCHISEE'S customers (other than with respect to an individual customer's service disputes, questions, or complaints), and (2) all materials that reference franchise services, such as sales brochures; commercial advertisements, and news releases. F. Responsiveness to County. FRANCHISEE shall: (1) return telephone calls from COUNTY to the individual who made that call during County office hours no later than the next County business day; (2) meet with COUNTY during County office hours within one week of COUNTY oral or written request at the location directed by COUNTY; (3) respond to all e-mails from COUNTY within two County business days of receipt; and 18 2012-FAOD1 Non -Exclusive Commercial Franchise (4) respond to written correspondence from COUNTY within one week of its receipt. 'County office hours" means 7 a.m. to 5:30 p.m., Monday through Thursday and 8 a.m. to 4 p.m. on Friday. "County business days" means any day that COUNTY's Department of Public Works is open to do business with the public. G. FRANCHISEE's Representation. On the date of this Agreement, FRANCHISEE has fully complied with all law relating to the procurement of this Agreement, including law relating to conflicts of interest and the County Lobbyist Ordinance, County Code Chapter 2.160 SECTION 5 - PRIVACY A. General. FRANCHISEE shall strictly observe and protect its customers' privacy and -trade secrets,- including their rights to privacy under law-.- In addition, FRANCHISEE shall not: (1) reveal to anyone other than COUNTY any information identifying individual customers or the composition or contents of a customer's solid waste without that customer's permission, unless required by law; or (2) market or distribute mailing lists with customers' names and addresses. B. FRANCHISEE shall not assert that any privacy right accorded its customers under law prohibit FRANCHISEE from participating in solid waste characterization studies or waste stream analyses, keeping records, making reports, or assisting COUNTY in meeting any requirements under law. SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING A. Unpermitted Waste. "Unpermitted waste" means: (1) materials that are not solid waste, including: • universal waste (materials that the California Department of Toxic Substances Control considers universal waste, including materials listed in 22 CCR 66261.9), • household hazardous waste and other hazardous waste, • medical waste, and • radioactive waste,, and 19 2012-FA001 Non -Exclusive Commercial Franchise (2) waste tires in excess of the number prescribed in 14 CCR 17355(b,) or reduced in volume as required in 14 CCR 17355(A); and any other materials that cannot be disposed of in class 11 sanitary landfills described in 27 CCR 20250. B. Prohibition and Protocol. FRANCHISEE is prohibited from collecting any unpermitted waste observed by FRANCHISEE, unless FRANCHISEE is legally licensed to do so. FRANCHISEE shall implement the Unpermitted Waste Screening Protocol included in its Request for Statement of Qualifications. FRANCHISEE shall annually give each of its customer's written material describing its customer education program for safe disposal. C. Reports to Director. If FRANCHISEE observes that any substance it reasonably believes or suspects to contain unpermitted waste has been disposed of or released on any COUNTY or any other public property (including storm drains, streets, or other public rights of way), FRANCHISEE shall use reasonable efforts to report its observation to the Director in addition to reporting it to the appropriate regulatory authority as legally required. — D Labels:_. Within -three months after this franchise date FRANCHISEE shall conspicuously label each bin and roll -off box with stickers, embossing, or other secure means, prohibiting customers from discarding unpermitted waste and including illustrative examples. SECTION 7 - CUSTOMER SERVICE A. Standards. FRANCHISEE shall respond to its customers' questions and complaints in accordance with all requirements under law, such as the following: (1) County Code Section 20.72.160 (RE customer service telephone and record-keeping requirements), where, for purposes of this Agreement, the Director shall be deemed the enforcement agency, or (2) 14 CCR Section 17317 (RE placing identifying name and telephone number on containers). B. County's Reimbursement Costs. If any COUNTY employee or other person acting upon direction of the County spends more than the following amounts of time resolving customer complaints, FRANCHISEE shall reimburse COUNTY the County's reimbursement costs therefore: (1) more than one hour in the aggregate resolving complaints from any single customer of FRANCHISEE who states he or she has previously made that complaint to FRANCHISEE; or (2) more than one hour in any work week (Monday through Friday) resolving complaints from different customers of FRANCHISEE. 20 2012-FA001 Non -Exclusive Commercial Franchise C. Customer Subscription. 1. Provide to Customers "Customer Subscription Order" means Customer Subscription Order Form in Franchisee Application. "Customer Bill of Rights" means the Customer Bill of Rights in substantially the form of Exhibit No. C. Before beginning franchise services FRANCHISEE shall give each customer: (1) Customer Subscription Order, (2) Customer Bill of Rights, and (3) the most recent bi-annual newsletter (see Attachment 1, Section D1). FRANCHISEE may require those customers for whom FRANCHISEE is required to operate vehicles on private property to sign a Subscription Order containing a waiver of liability with respect to damage to private driveways or pavement, in form approved by COUNTY. FRANCHISEE shall include on its customer invoices (other than invoices to roll- off customers): (1) the address of the website that provides a summary of the Customer Bill of Rights, general Customer Subscription Order, and (2) directions on how to obtain a complete copy of a customer's Customer Service Order. 2. No Evergreen. FRANCHISEE shall not include in the terms of customer subscription orders or other service contract with its customers any automatic renewals or extensions, colloquially referred to as "evergreen" clauses, which obligate a customer to take affirmative, prescribed action in order to terminate the subscription order (such as giving written notice within a specified time period before the stated expiration of the subscription order). 3. Term Limitation. FRANCHISEE shall limit the terms of customer subscription orders to no longer than the remaining term of this Agreement. 4. Termination Option and Rights. 21 2012-FA001 Non -Exclusive Commercial Franchise (1) FRANCHISEE shall give each customer the option to terminate its customer subscription order without cause on 90 days notice to FRANCHISEE, if the customer is not delinquent in paying any fees for franchise services, and regardless of the following: 1. the term of a customer subscription order, or 2. whether or not the customer subscription order explicitly gives customer this termination right. (2) FRANCHISEE shall also give each of its customers the right to terminate service immediately in the event of emergency, or within two weeks if FRANCHISEE: • fails to provide franchise services in accordance with the terms of this Agreement or any agreement between the customer and FRANCHISEE; or • bills the customer for charges in excess of those agreed upon between the customer and FRANCHISEE. -- 5. No Charges. FRANCHISEE shall not impose a charge on a customer that terminates franchise service with or without cause, including liquidated damages, penalties, or bin or roll -off box removal fees. 6. Amended Customer Subscription Orders. However, FRANCHISEE shall do the following: • as of this franchise date, FRANCHISEE shall give customers a Bill of Rights explaining the evergreen prohibition and customers' termination rights; and • within 6 months of this franchise date FRANCHISEE shall amend its subscription orders to explicitly delete any evergreen provisions and grant customers their termination rights described in this Section. D. Repair and Replacement of Containers. Within two weeks of customer request or County direction, FRANCHISEE shall repair or replace containers that are damaged or constitute a threat to public health and safety (including keeping out rodents, flies, and other vectors). FRANCHISEE shall provide additional containers upon customer request. FRANCHISEE shall be bound by COUNTY's determination of whether a container is damaged or constitutes a threat to public health or safety. FRANCHISEE may charge customer for replacement of a recyclables cart. E. Overloaded Containers. If FRANCHISEE determines that a container is repeatedly filled beyond capacity, FRANCHISEE shall attach a notice to the 22 2012-FA001 Non -Exclusive Ccmmerclal Franchise container warning that FRANCHISEE will not collect the container the next time it is overloaded. In its quarterly report FRANCHISEE shall give the County a copy of the notice and indicate: (1) the service location, and (2) date of the infraction. FRANCHISEE shall not refuse to collect from container unless it previously: (1) attached a warning notice to the container and (2) gave a copy to the County. F. Litter Cleanup. FRANCHISEE shall clean up all litter caused by FRANCHISEE, including during collection and transport. FRANCHISEE shall staff and equip each collection vehicle with a broom and dust pan. G. Graffiti. FRANCHISEE shall remove graffiti from all containers, paint over graffiti on all containers, or replace containers with graffiti -free containers, within two County business days of: (1) observation by FRANCHISEE'S drivers; or (2) Director's request. SECTION 8 — OWNERSHIP OF SOLID WASTE; DISCLAIMERS A. Ownership, This Agreement does not purport to grant FRANCHISEE or COUNTY ownership over materials that FRANCHISEE's customers discard for pickup by FRANCHISEE or that FRANCHISEE handles under this Agreement. The right to possession or ownership of those materials shall be determined in accordance with law and any agreement between FRANCHISEE and its customers, and not as a result of this Agreement. Parties acknowledge that COUNTY has no ownership rights in solid waste or revenue from sale of recyclables. B. Disclaimer. COUNTY makes no representations or warranties with respect to characterization of solid waste within the COUNTY, any solid waste disposal characterization study, or projections by material type with respect to solid waste in the COUNTY. COUNTY expressly disclaims any representations and warranties, either express or implied, as to the merchantability or fitness of solid waste for any particular purpose. SECTION 9 - SETTING RATES AND CUSTOMER BILLING FRANCHISEE shall set, bill and collect fees for franchise services as agreed to with its customers. SECTION 10 - FRANCHISEE RECORDS; AUDITS 23 2012-FA001 Non -Exclusive Commercial Franchise A. Record Maintenance and Retention. "records" means any type of documentation relating to franchise services, including: (1) customer subscription orders and invoices, (2) complaint logs and customer correspondence; (3) weight tickets and receipts from solid waste facilities (including solid waste processing residual); (4) route maps and schedules, in sufficient detail to allocate solid waste collected within County and outside County on the same route; (5) receipts from recyclables, CED and E -waste transporters, shippers, brokers, beneficiators remanufacturers and purchasers, and (6) with respect to roll -off containers: • encroachment permits required by law, • container capacity, and frequency of container collection. 1. Legal Requirements., FRANCHISEE shall maintain all records required under law, including: (1) records pertaining to solid waste collection, and disposal under County Code Section 20.72.160; and (2) records under Attachment 4. 2. Inter -jurisdictional Routes a. Acknowledgement. FRANCHISEE acknowledges that if FRANCHISEE erroneously attributes solid waste that FRANCHISEE collects in incorporated cities, other counties or Garbage Disposal Districts with solid waste that FRANCHISEE collects in the unincorporated areas of the COUNTY under this Agreement, then the COUNTY may be subject to fines for failure to divert solid waste from landfill disposal as required under AB 939. b. Obligation. FRANCHISEE shall comply with 14 CCR 18808.7 and maintain records used to prepare reports submitted to COUNTY, including jurisdiction of origin necessary to determine the weight of solid waste that FRANCHISEE collects in the service area. FRANCHISEE shall document the method by which it allocates solid waste collection route that includes a jurisdiction other than the COUNTY. 3. Disposal Records. FRANCHISEE acknowledges that COUNTY may need to respond to claims (including superfund claims under CERCLA) 24 2012-FA001 Non izxclusive Commercial Franchise with respect to disposal of materials that FRANCHISEE handled under this Agreement. FRANCHISEE shall maintain records thereof, including: (1) quantity of solid waste collected under this Agreement; and (2) disposal location and its owner or operator (such as landfill; and incineration, composting or processing facility; or materials broker or purchaser.) FRANCHISEE shall retain those records for a period of at least five years after the expiration or termination of this Agreement. Thereafter, FRANCHISEE shall notify the Director at least 30 days before destroying those records. 4. Complaint Logs. FRANCHISEE shall enter, log, and maintain records of all complaints and their resolution in computerized format. At COUNTY'S request, FRANCHISEE shall immediately e-mail COUNTY those records and a complaining customer's subscription information. B. County Custody. If the Director believes that records may be lost, discarded, or destroyed, the Director may direct the FRANCHISEE to give COUNTY access to and custody of those records. FRANCHISEE shall promptly comply. C. Inspection and Audit. COUNTY, its staff and outside auditors may inspect, audit, and copy all records at FRANCHISEE'S office: (1) Notice: after advising FRANCHISEE by telephone or in writing five days in advance (or in extraordinary circumstances, less than five days), (2) Day: on any weekday (other than a County -recognized holiday), and (3) Hours: between the hours of 8 a.m. to 5 p.m. weekdays, and 8 a.m. to noon Saturdays. If FRANCHISEE's office is outside the COUNTY, FRANCHISEE shall promptly provide copies of those records to COUNTY at COUNTY'S offices. Within 30 days of COUNTY request, FRANCHISEE shall reimburse COUNTY for County's reimbursement cost of audit and copying expenses if the audit reveals a discrepancy of three percent or more between the amount contained in the records of the FRANCHISEE or a regulatory authority (such as the tons of solid waste collected and disposed or diverted, or the amount of FRANCHISEE'S gross receipts) and: (1) amount reported or paid to COUNTY; or (2) amount in any representation that FRANCHISEE made or information that it submitted to COUNTY. 25 2012-FA001 Non -Exclusive commercial Franchise 110 E. Copies. FRANCHISEE shall provide copies of Customers' names, addresses, and solid waste management service levels and charges to COUNTY promptly upon request. Public Records Request. COUNTY shall notify FRANCHISEE as soon as practicable if: (1) Request: COUNTY receives a request to review or copy material that FRANCHISEE has marked "Trade Secret," "Confidential", or "Proprietary" in which event FRANCHISEE may present arguments and facts to COUNTY in support of FRANCHISEE'S position that the material is entitled to an exemption from disclosure under the State Public Records Act and should not be released; (2) Non -Exemption: COUNTY determines that the material is not entitled to an exemption from disclosure and that it must be released, in which event FRANCHISEE may seek a court order enjoining that release; and (3) Exemption and Action: COUNTY determines that the material is entitled to an exemption from disclosure and the one who requested the material files a legal action seeking its release. If any legal action is filed, FRANCHISEE shall either file a motion to intervene in the action or shall accept the release of the material by COUNTY. COUNTY has no obligation to defend the action and will release the material sought, without liability to FRANCHISEE, should FRANCHISEE fail to intervene in said action. (4) Within 30 days of following COUNTY's request, FRANCHISEE shall pay County's Reimbursement Costs incurred with respect to any Public Record Request for FRANCHISEE's documents. SECTION 11 - COUNTY'S DIVERSION PRIORITIES A. Acknowledgements. FRANCHISEE acknowledges that one of COUNTY's primary reasons for entering into this Agreement is to implement recycling programs at commercial and multifamily premises. FRANCHISEE shall use its best efforts to implement measures intended to achieve COUNTY's source reduction, recycling, and waste stream diversion goals for solid waste it collects. FRANCHISEE shall use its best efforts to divert solid waste from disposal and cooperate with COUNTY in conducting solid waste characterization studies and waste stream audits. B. Recycling and Waste Diversion Plan. FRANCHISEE shall implement the Recycling and Waste Diversion Plan in its Request for Statement of Qualifications. Within one year from the date of this Agreement and each following year FRANCHISEE shall submit to the Director a 26 2012-FA001 Non -Exclusive Commercial Franchise report demonstrating FRANCHISEE'S implementation of its Recycling and Waste Diversion Plan. C. Scavenging- Discouragement. FRANCHISEE shall use reasonable efforts to enforce anti -scavenging laws, including: (1) Instituting civil actions against anyone alleged to have violated California Public Resources Code Section 41950 for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $1,000.00, whichever is greater, for each unauthorized removal, under California Public Resources Code Section 41953; and (2) Taking actions under County Code Section 20.72.196 to discourage scavenging. SECTION 12 - REPORTS A. Types and Content. FRANCHISEE shall give COUNTY reports at COUNTY'S address provided for notices under Section 18C of this Agreement in format (such as electronic) and content required by COUNTY. Quarterly Reports. Within 30 days following the end of each quarter of the year, FRANCHISEE shall submit to COUNTY a combined report for each of the prior quarters in a format satisfactory to the County. Upon COUNTY request, FRANCHISEE shall provide its customer service list, including: (1) current and closed accounts, account numbers, and upon COUNTY further request, name associated with each account, (2) customer addresses, (3) level of service provided at each address, (4) additional services provided, (5) billing and payment dates, (6) incidents when FRANCHISEE left non -collection notices, (7) gross receipts from each customer, and (8) any other information associated with franchise services as requested by the Director. Annual Report. On or before each August 1st, FRANCHISEE shall submit a report for the prior year to COUNTY in a format and media, and with content acceptable to the County, such as vehicle lists, discussion of recycling plan implementation and updated identification of required personnel. 27 2012-FA001 Non -Exclusive Commercial Franchise 3. Legally Required Reports. FRANCHISEE shall file all reports required under law, including County Code Section 20.72.50 (Area, Services, Rates and Schedules). 4. Improper Solicitations. FRANCHISEE shall immediately report any attempt by a COUNTY officer or employee to solicit improper consideration (including in the form of cash; discounts; service; or the provision of travel, entertainment, or tangible gifts), to: (1) COUNTY manager charged with the supervision of the employee; or (2) the COUNTY Fraud Hotline at (800) 554-6861 or www.lacountvfraud.org. Changes in Information FRANCHISEE shall update any information submitted in the Request for Statement of Qualifications within 30 days of any change in information, including changes in service, ownership, vehicles, or equipment. -- 5: Additional Information. Promptly upon County request FRANCHISEE shall give County information relating to this Agreement (including substantiation of information submitted in reports to COUNTY). C. Statements and Information. FRANCHISEE represents that the information and documentation submitted by or on behalf of FRANCHISEE to COUNTY in connection with the following was correct and complete in all material respects at the time originally submitted and on the date of this Agreement. (1) applying for and securing its permit issued by the Los Angeles Department of Public Health; and (2) applying for and securing this Agreement. SECTION 13 - INDEMNIFICATION. A. Indemnification. FRANCHISEE shall indemnify COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including reimbursement to COUNTY for COUNTY liabilities to a third party (such as damages resulting from a suit against COUNTY by a customer). B. Release and Hold Harmless. FRANCHISEE shall release and hold harmless COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including not seeking reimbursement from COUNTY for Franchisee's liability to a third party (such as damages resulting from a suit against FRANCHISEE by a customer). 28 2012-FA001 Non -Exclusive Commercial Franchise C. Defense. Immediately upon commencement of any lawsuits, claims, complaints, causes of actions, or other demands brought against COUNTY for liabilities arising out of or in any way connected to this Agreement, FRANCHISEE shall: (1) defend COUNTY with counsel approved by COUNTY, or (2) fund County Reimbursement Costs of defense. COUNTY may retain co -counsel at its own cost and expense and FRANCHISEE shall direct FRANCHISEE's counsel to assist and cooperate with COUNTY co -counsel. FRANCHISEE is not obligated to indemnify, release, hold harmless, or defend County if County is found solely negligent by a court of competent jurisdiction after County has exhausted all appeals. D. Definitions. In this section, "COUNTY" includes political subdivisions, agencies, entities, or organizations for which the Board of Supervisors is the governing body; their agents, officers, and employees, elected officials, assigns, volunteers, and special districts (including Garbage Disposal Districts); and each and every one of them: They ane third -party beneficiaries of provisions of this indemnity. "liabilities" includes: (1) lawsuits, claims, complaints, cause of actions and other demands, (2) citations, fine and other penalties, (3) investigations (such as costs of audits) related to another type of liability (such as a fine), (4) judgments, liens, cleanup orders, and damages in contract or tort, including the following: • personal injury or death, and • property damage, (5) losses, injuries, costs and expenses (including all costs and expenses of litigation, mediation or arbitration), such as the following: • attorneys' fees, whether County Counsel or Franchisee's staff attorneys or outside attorneys, • accountants' fees, whether County Finance Director or outside accounts, • appraisers' fees, • expert witness fees, and • other detriments of every nature and description whatsoever, whether under State of California or federal law. Examples of liabilities arising out of this Agreement include operations, CalOSHA, immigration, enforcement of law, and disposal (unless COUNTY designates the disposal facility). 29 2012-FA001 Non -Exclusive Commercial Franchise Reference to "indemnification" or "indemnity" in this Agreement includes the indemnification, release, hold harmless or defense, or all of them, under this Section. SECTION 14 - INSURANCE. A. Insurance. FRANCHISEE shall obtain insurance that meets the COUNTY's specifications as required by law (including County Code Section 20.70.020) and Attachment No. 3. SECTION 15 - FINANCIAL ASSURANCE. A. Amount. FRANCHISEE shall obtain a performance bond (or other financial assurance acceptable to COUNTY in its sole discretion), payable to COUNTY and meeting COUNTY'S specifications, in the largest of the following amounts: (1) required by law (including County Code Section 20.72.040); (2) on the date of this Agreement, in the initial amount of $25,000, which is established -by the COUNTY -,and in each following franchise year (or if there are less than six months in the prior franchise year, that lesser number of months), 110 percent of the following amounts FRANCHISEE paid COUNTY during six months of the prior year: • franchise fees and any other amounts AB 939 fees), plus • any other amounts payable to COUNTY • any liquidated damages; or (3) other amount prescribed by COUNTY. the first owed to COUNTY (such as plus The performance bond must be conditioned on faithful performance by FRANCHISEE of all the FRANCHISEE'S obligations under this Agreement, including payment obligations such as franchise fees. B. Surety. The performance bond must be executed by a corporate surety licensed to transact business (admitted) as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by COUNTY. C. No Substitution. The performance bond may not allow the bond surety to substitute another person to perform franchise services. The performance bond must provide for payment of moneys to COUNTY, including payment of: (1) franchise fees; 30 2012-FAOO1 Non -Exclusive Commercial Franchise (2) any liquidated damages, late penalty payments, or County's reimbursement costs; and (3) any amount that FRANCHISEE paid to COUNTY, but is subsequently recovered from COUNTY in any bankruptcy or similar proceedings relating to FRANCHISEE. SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT A. Notice of Breach; Franchisee Cure. "breach" means any failure by FRANCHISEE to meet one or more of its obligations under this Agreement If the Director determines that FRANCHISEE is in breach, the Director may give notice to FRANCHISEE identifying and describing the breach. FRANCHISEE may request to confer with COUNTY within 30 days of FRANCHISEE's request. FRANCHISEE shall cure the breach within: (1) 30 days -from t e receipt o COUNTY'S notice (or with respect to a breach of the Child Support Compliance Program, 90 days after notice by the Los Angeles County's Child Support Services Department), or (2) a shorter period of time determined by COUNTY if COUNTY determines that the public health and safety so require. FRANCHISEE may request additional time to correct the breach, but COUNTY may accept or reject that request in its sole discretion. B. Defaults, Notice, Suspension and Termination 1. Defaults. "default" means any of the defaults described in the table below. 2. Suspension of Agreement Together with any other rights or remedies COUNTY may exercise under this Agreement, the Director may suspend this Agreement, in whole or in part, upon occurrence of default and immediate notice. The suspension shall continue only until FRANCHISEE demonstrates to COUNTY that FRANCHISEE can once again fully perform its obligations under this Agreement. 3. Termination. Together with any other rights or remedies that COUNTY has under this Agreement, the Director may terminate this Agreement 31 . 2012-FA001 Non -Exclusive Commercial Franchise effective on the "Termination Date" in whole or in part, upon the occurrence of any default in the following table. However, the Director in his or her sole discretion may choose any longer or shorter "Termination Date" following COUNTY notice to FRANCHISEE upon determination that the public health and safety so require: 32 2012-FA001 Non -Exclusive Commercial Franchise TERMINATION DEFAULT DATE (No. days following COUNTY notice to FRANCHISEE of default) (1) Uncured (1) FRANCHISEE does not cure any breach 30 days or repeated of this Agreement other than breaches breach listed as specific defaults in (2) — (10) of this table, within 30 days of County notice of such breach under Section 16A, unless due to ------ ---- --uncontrollable-circumstances; or------ - . --- (2) FRANCHISEE repeatedly or habitually breaches this Agreement, as determined by the Director in his or her sole discretion, whether or not a FRANCHISEE has previously cured a specific instance of failure or refusal. (2) Failure to Unless due to uncontrollable circumstances, 30 days collect for 7 FRANCHISEE fails to provide franchise days services (other than under Attachment No.2 Roll -off Boxes) for a period of: (1) 7 consecutive days following any scheduled collection date; or (2) 7 days in the aggregate from the date of this Agreement (3) Failure to FRANCHISEE fails to provide franchise 30 days ' collect for services for more than 7 consecutive days, more than whether or not due to uncontrollable Ida s circumstances (4) Payments FRANCHISEE does not fully and timely pay 30 days to County COUNTY any amounts under this Agreement (including payment of franchise fees and liquidated damages): 32 2012-FA001 Non -Exclusive Commercial Franchise 33 2012-FA001 Non -Exclusive Commercial Franchise (1) more than twice in any year; (2) within 30 days of dated correspondence from the COUNTY stating that payment is due; or (3) with respect to payment of a shortfall in franchise fees, within 30 days of dated correspondence from the COUNTY identifying the shortfall. (5) Specified FRANCHISEE breaches any of its 30 days defaults obligations under this Agreement with respect to the following: (1) Child Support Compliance Program (if not cured within 90 days of notice); (2) Compliance with ILO Convention Concerning Minimum Age for Employment; (3) Nondiscrimination; (4) County Lobbyist Ordinance, or (5) County Defaulted Property Tax Ordinance. (6) Improper COUNTY finds that FRANCHISE offered or immediately consideration gave consideration, in any form, either directly or through an intermediary, to any COUNTY officer, employee, or agent: (1)with the intent of securing this Agreement; (2) with the intent of securing favorable treatment with respect to the award, amendment, or extension of this Agreement; or (3) with respect to the making of any determinations by COUNTY with respect to FRANCHISEE'S performance under this Agreement. Consideration may take any form including cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. (7) Material or (1) FRANCHISEE does not remedy a immediately repeated material violation of law directly or violation of indirectly related to: law . franchise services or this Agreement, 33 2012-FA001 Non -Exclusive Commercial Franchise 34 2012-FA001 Non-Fxcluslve Commercial Franchise • any other agreement with County, or • business administration of FRANCHISEE (such as tax or securities law violations), to the satisfaction of the applicable regulatory authority (including COUNTY when acting as a regulatory authority), within 30 days of the regulatory authority's notice, assessment, or determination of that violation. The Director in his or her sole discretion shall determine materiality. (2) FRANCHISEE repeatedly or habitually violates law, as determined by the Director in his or her sole discretion, whether or not FRANCHISEE has previously cured specific violation of .__a law. If FRANCHISEE is entitled to and does contest a notice, assessment, or determination of a violation by proceedings conducted in good faith, no default is deemed to have occurred until a final decision adverse to FRANCHISEE is entered. (8) Failure to FRANCHISEE does not meet its obligations immediately meet with respect to insurance and other insurance / assurances of its performance under this bond Agreement. obligations 34 2012-FA001 Non-Fxcluslve Commercial Franchise (9) Insolvency (1) FRANCHISEE becomes insolvent or or bankruptcy files a voluntary petition to declare bankruptcy; (2) a receiver or trust is appointed for FRANCHISEE; or (3) FRANCHISEE executes an assignment for the benefit of creditors. FRANCHISEE is deemed to be "insolvent" if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not FRANCHISEE has committed an act of bankruptcy and whether or not FRANCHISEE is insolvent within the meaning of the federal bankruptcy law or not. (10) fraud, During the procurement of this Agreement or 30 days misrepresenta after the date of this Agreement, - — - — --------- .. _.- tion, or -- FRANCHISEE does any of the following with breach of respect to this Agreement or the COUNTY: warranties 1. committed (or commits or attempts to commit) any fraud or deceit, 2. made (or makes) any intentional or material misrepresentations; 3. breaches any warranties, or 4. made or (or makes) any materially false or misleading statement, representation, or warranty. C. FRANCHISEE Responsibility and Debarment. COUNTY may debar FRANCHISEE from contracting or doing business with COUNTY in the following events: (1) after giving public notice and conducting a hearing under County Code Chapter 2.202, COUNTY determines that FRANCHISEE (or any of its subcontractors) is not responsible within the meaning of Chapter 2.202 and in accordance with COUNTY'S policy to do business with responsible contractors; (2) FRANCHISEE does not comply with the Child Support Compliance Program under County Code Section 2.200.020; or (3) FRANCHISEE does not comply with County Defaulted Property Tax Reduction Program. COUNTY may debar FRANCHISEE as provided in Subsection D below. 35 2012-FA001 Non -Exclusive Commercial Franchise D. Termination For Breach of Warranty to Maintain Compliance With County Defaulted Property Tax Reduction Program. 1. Acknowledgement. FRANCHISEE acknowledges that COUNTY has established a goal of ensuring that all individuals and businesses that benefit financially from COUNTY through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the COUNTY and its taxpayers. Unless FRANCHISEE qualifies for an exemption or exclusion, FRANCHISEE warrants and certifies to the best of its knowledge, that on the date of this Agreement it is in compliance with County Code Chapter 2.206. 2. FRANCHISEE Default. Failure of FRANCHISEE to maintain compliance with the requirements set forth in Subsection D1 constitutes a default under Subsection B. 3. Termination/Debarment. Without limiting COUNTY'S available rights under any other provision of this Agreement, if FRANCHISEE fails to cure a default within ten days of COUNTY notice, COUNTY may: (1) terminate this Agreement under Subsection B, and (2) pursue debarment of FRANCHISEE pursuant to County Code Chapter 2.206 and Subsection C. E. Convenience. 1. COUNTY Right. COUNTY may suspend or terminate all or a portion of this Agreement at any time upon determining, in its sole discretion, that suspension or termination is in its best interest. 2. Notice. Suspension or termination shall become effective on the later of the following dates: (1) the date that COUNTY specifies in notice to FRANCHISEE, or (2) Ten days after COUNTY sends the notice. The notice shall also specify the extent to which this Agreement is suspended or terminated. 3. Stop Providing Franchise Services. After receiving notice FRANCHISEE shall: 36 2012-FA001 Non -Exclusive Commercial Franchise (1) stop providing franchise services on the date and to the extent specified in the notice or as otherwise directed by COUNTY; and (2) continue providing franchise services to the extent (if any) specified in the notice. SECTION 17 - ENFORCEMENT OF AGREEMENT A. As Provided by Law. Either party may avail itself of any remedy available under law. B. County's Additional Remedies. Without limiting COUNTY'S remedies otherwise available under this Agreement, in law or at equity, at its option COUNTY may enforce a breach in one or more of the following ways: (1) if that breach is a default, execute alternative agreements to provide franchise services similar to those under this Agreement; (2) seek to obtain injunctive relief and/or damages; or es. _ assess amag C. Injunctive Relief. FRANCHISEE acknowledges that COUNTY'S remedy of damages for a breach may be inadequate for many reasons, including the urgency of providing franchise services to protect the public health and safety. Consequently, COUNTY is entitled to all available equitable remedies, including injunctive relief. D. Recovery of Damages. COUNTY may draw upon FRANCHISEE's performance bond or any other instrument of performance assurance to pay damages. Compensatory. COUNTY may seek compensatory damages, including: (1) amounts equal to any franchise fees, liquidated damages or other amounts that FRANCHISEE has paid to COUNTY but that are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; and (2) the full amount of any commission, percentage, brokerage or contingent fee proscribed under the County Code. Liquidated. The parties acknowledge: (1) COUNTY incurred considerable time and expense procuring this Agreement in order to secure an improved level and quality of recycling and compliance with solid waste diversion mandates; 37 2012-FA001 Non -Exclusive Commercial Franchise (2) Consistent and reliable franchise services, including collection of putrescible wastes that attract vermin and vectors are of the utmost importance to the public health, safety, and well being of residents and businesses in COUNTY; and (3) The following liquidated damages represent a reasonable estimate of the amount of damages, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to COUNTY that reasonably could be expected and anticipation that proof of actual damages would be costly or inconvenient. SECTION FAILURE(s)* Under cited sections DAMAGES 3C dispose of rec clables or mix them with refuse $100/container 3F, 3G deliver materials to solid waste facilities selected by FRANCHISEE or designated by COUNTY $300/truck- delivery 4A collect during unauthorized hours six or more times ,peryear $250 Through-._ .provide documentation for—COUNTY review or comment; or obtain any COUNTY approval, consent or other permission $300/day per _ occurrence or retraction/ correction of misinformation out 4B,C,D meet service standards for litter, leaks and noise five or more times per year $150 4F(1), (3) & 4 return COUNTY calls, e-mails or correspondence two or more times within 30 consecutive days $500 4F(2) meet with COUNTY two or more times per year $500 6B follow waste screening protocol $500 6D mark any bin and roll -off box with discard prohibitions $50 7C6 timely provide customer with Bill of Rights $100/day per customer 7C6 timely amend its subscription orders with respect to the evergreen prohibition and customers' termination ri hts $100/day per customer 7C6 terminate customer subscription upon qualifying customer's request $100/day per customer 7D repair or replace containers $500 7E collect or tag overloaded containers $100 7F clean up litter caused by FRANCHISEE $100 7G remove any graffiti within required times $100 10A2 mis-allocate ten percent or more tons of solid waste to County $5/route-day 10A4 enter log of/maintain/supplyof/maintainisupply complaint records 1 $100 38 2012-FA001 Non -Exclusive Commercial Franchise 10A4 e-mail COUNTY complaint information six or more $100 times/ ear 10C allow COUNTY to inspect, audit or copy records $150/da Attachment any other liquidated damage in Attachment No. 1 or As scheduled in 1 Attachment No. 2 the Attachment Section 10; submit complete and correct information or reports on Until corrected or Through- time: completed: out (1) $200/day (1) quarterly, (2) $300/day (2) annually, (3) $150/day (3) as required by AB 939 or County Code, or (4) $100/day 4 any other time required under this Agreement. "Reference to "failure" refers to each occurrence of specified breach (such as for each customer and each customer's bin and roll -off box set out site, record entry, or complaint) and not for aggregate occurrences of those breaches (such as for all customers on a given route or day). By placing its Initials below, each party specifically confirms: - (1) the accuracy of the statements made in this Subsection; and (2) that it has had ample opportunity to consult with legal counsel and obtain an explanation of liquidated damage provisions prior to signing this Agreement. FRANCHISEXM COUNTY Initial Here:e:..Initial Here: E. County's Reimbursement Costs. FRANCHISEE shall pay COUNTY promptly upon Director's request County's reimbursement costs of: (1) conducting a nonroutine investigation of any alleged breach; and (2) incurred as a consequence of breach. F. Waiver. COUNTY's waiver of any specific breach is not a waiver of any other breach of that same provision. COUNTY's failure to enforce this Agreement is not a waiver of any breach. SECTION 18 - GENERAL PROVISIONS A. Independent Status. FRANCHISEE is an independent entity and not an officer, agent, servant, or employee of COUNTY. This Agreement is between COUNTY and FRANCHISEE and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between COUNTY and FRANCHISEE, including for purposes of 39 2012-FA0o1 Non -Exclusive Commercial Franchise workers' compensation. FRANCHISEE is solely responsible for the acts and omissions of its officers, agents, employees, and any subcontractors. B. Venue, Service of Process. In the event of litigation between the parties, venue shall lie exclusively as follows with respect to litigation in California courts, trial courts located in the COUNTY, or with respect to litigation in a United States District Court, located in the Central District of California. FRANCHISEE shall accept service of process at the address provided for notices from COUNTY under this Agreement. C. Notices. "notices" (or other variations thereof, such as "notify) given by either party to the other under this Agreement must be: (1) Written: in writing, (2) Means: delivered by the following means (which shall be effective at the following times): • personal delivery (effective immediately); • sent by a mail with "read" receipt or telecopier with "transmission" receipt (effective immediately); or • registered or certified mail, return receipt requested, (effective three days after mailing); (3) Address: addressed as follows (or to other address provided by a party, dated and acknowledged by the other party): • with respect to the COUNTY: County of Los Angeles Department of Public Works Environmental Programs Division 900 South Fremont Avenue Alhambra, CA 91803 Attn: County's Authorized Representative: Paul Alva Facsimile Number: 626.458.3569 E-mail: PalvaC@dpw.lacounty.4ov • with respect to FRANCHISEE, to the individual contact and address provided in the Request for Statement of Qualifications SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT A. Definitions. For ease of reading, most words that are defined terms in this Agreement are not capitalized. Words in this Agreement have the meanings given in the References or text of this Agreement, regardless of whether or not they are capitalized. 40 2012-FA001 Non -Exclusive Commercial Franchise B. Construction. If any provision of Sections 1 through 20 of this Agreement or its References is inconsistent or conflicts with any attachment or exhibit (other than Attachments No. 1 and No. 2), then the provision governs unless the Director determines that it is contrary to the public health and safety or other public interest. C. Integration. This Agreement contains the entire agreement between the parties with respect to their rights and responsibilities under this Agreement. This Agreement completely and fully supersedes all prior oral and written understandings and agreements between the parties with respect to those rights and responsibilities. However, the parties acknowledge that the following are incorporated in this Agreement by reference: (1) portions of the Request for Statement of Qualifications referenced in this Agreement, and (2) provisions of law under Section 4A. D. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the law of the State of California, without giving effect to the State's principles of conflicts of laws. E. Severability. If any provision of this Agreement (other than with respect to COUNTY designation of a solid waste facility) is ruled illegal, invalid, nonbinding or unenforceable by any court of competent jurisdiction, it is severed from this Agreement and this Agreement must be construed as if it did not exist. F. Interpretation. This Agreement shall be interpreted and construed neither for nor against either party, regardless of the degree to which either party participated in its drafting. FRANCHISEE acknowledges that it determined to provide franchise services and to enter into this Agreement upon its own choice and initiative. Each party represents and warrants that it and its counsel have reviewed this Agreement. FRANCHISEE shall not make any claim against COUNTY based on any estimates, statements or interpretations made by any officer, employee, agent, or consultant of COUNTY in connection with the procurement of this Agreement, which proves to be wrong in any respect. SECTION 20 - EXECUTION OF AGREEMENT A. Execution in Counterparts. This Agreement may be signed in any number of original counterparts, which constitute but one and the same agreement. B. Authority to Execute. Each party respectively warrants as follows: 41 2012-FA001 Non -Exclusive Commercial Franchise (1) It has duly authorized the individual below to sign this Agreement on its behalf, and (2) that individual has the full right, power, and authority to bind its related party to this Agreement. IN WITNESS WHEREOF, by order of its Board of Supervisors COUNTY has caused Director of Public Works to sign this Agreement, and FRANCHISEE has caused its duly authorized officers to sign this Agreement, on the respective dates written below their names. COUNTY OF LOS ANGELES M Date APPROVED AS TO FORM: Director of Public Works JOHN F. KRATTLI Acting County Counsel By Deputy CONSOLIDATED DISPOSAL SERVICES, LLC K i 3144 7"7 o,✓ Type or Pri t Na e By Its-8eeairy Type or Print Name 42 2012-FA001 NonrExclusive Commercial Franchise CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California On personally who proved to me on the basis of satisfactory evidence to be the peason(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 signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DONNA PERNOO Commission 01836392 W�TNB�S my hand an o tial seal. Le Notary Public - California Los Angeles County ((Notary.—"M Comm. Expires Mar it. 2013f r ADDITIONAL OPTIONAL INFORMATION ZRIPTION OF THE ATTACHED DOCUMENT nl-45cdivdiif- 6ml . - - — ——(iiticot seen orrofattacheddoc mcm) -- (71tle or description of atuched doe Number of pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer Mile) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800.873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any actnowledgmenr completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be property completed and allached to that document. The only exception is if a document is to be recorded outside of California. In such instanter, any alternative aclarowledgrinent verbiage as may be printed on such a document so long as the iwLiage doer iso! require �7roiarylo do-�omedlm` g -7l ret a i re al for a notary in Colifomia (i.e. certifying the authorised capacity of the signer). Please check the document carefullyfor proper notarial wording and attach lhss form ifrequired. • State and County information must be the State and County wham the document signer(s) personally appeared before the notary public for aclaowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the samo date the acknowledgment is completed • The notary public must print his or har name as it appears within his or her commission followed by a comma and than your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fors by crossing off incorrect forms (i.e. Wshehhey; is /am) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • Tho notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines If seal Impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment torn. • Signorine of the notary public must match the signature on file with the office of the county clerk Additional inforation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached locoman, numb" ofpagm and dart. •i Indicate the capacity claimed by do signs. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Socrctay). • Securely attach this document to the signed document ARIZONA ALL-PURPOSE ACKNOWLEDGMENT State of Arizona County of I IY1,'( tfn Pa _ �r On ,11,U/Il -I, ul1 beforeme �p-siczi len± f appeared Ewe to -B . SLmof r LJ✓ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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. e Fopa County 2 WITNESS my hand and official seal. Jessica Ann Beatty zS My Co iW. bpm ota3 104 -- r Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR O HER: cr�1 SIGNERIS PRESENTING: NAME OF PERSON(S) OR ENTITY(IES) I, -(1-C1- DESCRIPTION OF ATTACHED DOCUMENT General Indemnity Agreement dated Lincoln General Insurance Company ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES A. MANDATORY RECYCLING. Service Options. FRANCHISEE shall provide each customer that must receive recyclables collection service under law, including provisions attached as Exhibit D, one of the following recycling service options without additional charge: (1) a one cubic yard recyclable bin, collected weekly; (2) if customer does not have space for storing a one cubic yard bin, then upon customer request, up to two -96 gallon recyclable carts; or (3) any other recycling program allowed under Exhibit D, such as processing solid waste at a MRF to recover recyclables. Within four months of COUNTY direction, FRANCHISEE shall also - - — - - -- provide each -customer -identified by COUNTY with one of the preceding recycling service options, without charge. For example, COUNTY may direct FR4NCNISEE to provide recycling service for customers that discards less than 4 cubic yards of refuse per week. FRANCHISEE shall provide recycling service whether or not customer requests it. 2. Additional Recycling Services and Charges. If FRANCHISEE provides service options (1) or (2) in subsection Al, within one week of a customer's request, FRANCHISEE shall provide that customer with an additional container of the type and in the capacity requested by the customer and collect it at the frequency requested by the customer. FRANCHISEE shall charge customer 1/2 of the rate it charges for the same type and capacity of refuse container and same frequency of refuse collection service. FRANCHISEE shall not identify or itemize any charge for recycling for customer, including on customers invoices. 3. Diversion. FRANCHISEE shall collect and recycle or otherwise divert from disposal the recyclables discarded in these containers. B. VOLUNTARY RECYCLING. Within one week of request by a customer that is not subject to mandatory recycling service under Subsection A, FRANCHISEE shall provide customer the franchise services described in Subsection A above. C. VISIT AND AUDIT. FRANCHISEE's Recycling Coordinator described in Subsection D2 (or other individual trained and supervised by the Recycling 43 2012-FA001 Non -Exclusive Commercial Franchise Coordinator) shall visit the premises of FRANCHISEE's customers that are subject to mandatory recycling services under Subsection A at the following times: (1) during the first 12 months after this franchise date, all customers; and (2) after those first 12 months, each of those customers every other franchise year; or (3) at the frequency required by law. At each visit, FRANCHISEE shall conduct the following audit, without additional charge: (1) review the customer's franchise service subscription, including the number and size of customer's bins and roll -off boxes for refuse and recyclables, respectively, and collection frequency; (2) conduct a waste characterization by visually inspecting customer's discards and estimating amount of recyclables and refuse; (3) note_any_other recycling programs, such as self -hauling recyclables to a MRF or subscribing to third -parry recycling services (such as corrugated cardboard collection); (4) develop and recommend a waste reduction and recycling plan based on business type and/or multifamily that the customer could implement to reduce and divert solid waste, as well as available solid waste diversion programs; and collection frequency, and provide a written copy of such practices, (5) make any recommendations in writing to change the customer's franchise service subscription, including changing the number, size, and type (such as solid waste or recyclables) or collection frequency of containers in order to provide adequate refuse disposal service but also maximize recyclables diversion; (6) check each customer's containers to monitor: • Participation: recyclables discarded in refuse containers, and • Contamination: refuse and other contaminating materials discarded in recyclables containers; (7) Identify manufacturing or processing residual, and estimate its volume, (8) check customer's premises for posting of educational materials required under FRANCHISEE'S Recycling and Waste Diversion Plan in its Request for Statement of Qualifications, such as recycling posters in multifamily common rooms; (9) identify why a customer is not recycling, for example: • zoning conflicts, • lack of storage space, 44 2012-FA001 Non -Exclusive commercial Franchise • lack of markets, • non generation of recyclable materials, • customer with verifiable recycling program, or • unwillingness; and (10) Investigate other matters requested by County. If FRANCHISEE'S auditor is unable to meet with someone at customer's premises who is authorized to order franchise services, or if a business is closed, FRANCHISEE shall leave a "Sorry we missed you card" with contact information and recycling information acceptable to COUNTY. FRANCHISEE's auditor shall note the date and time of his or her visit and return again within ten days of that date. FRANCHISEE shall visit all of its customers each year. 2. Report. FRANCHISEE shall submit an audit report to COUNTY quarterly or within one week of COUNTY request, including: (1) date of visit to customer's premises; --- --- - (2) -address-and-type of premises; - (3) the customer's service subscription at the time of the visit (including number, size, and type - such as solid waste or recyclables - or collection frequency); (4) any FRANCHISEE recommendations to increase solid waste reduction and recycling/diversion; and (5) any additional information requested by the Director. FRANCHISEE shall use reasonable efforts to complete and to submit reports electronically. 3. Information. Within one week of COUNTY request, FRANCHISE shall submit a copy of the information on solid waste reduction and diversion practices and any recommendation that FRANCHISEE provides to any customer. D. CUSTOMER EDUCATION AND OUTREACH Bi -annual Newsletter. Twice each year, FRANCHISEE shall prepare promotional and educational materials/newsletters in the bilingual form required by the Director promoting solid waste reduction, recycling, and diversion. FRANCHISEE shall submit the materials to Director for review on each January 1 and July 1. Within 30 days of Director's accepting the materials FRANCHISEE shall distribute them to its customers, which may be electronically, upon customer request : (1) via the U.S. Postal Service with prepaid postage, or 45 2012-FA001 Non -Exclusive Commercial Franchise (2) door-to-door delivery service to customer's premises. FRANCHISEE shall also distribute them to new customers together with the Customer Subscription Form and Customer Bill of Rights. 2. Recycling Coordinator. FRANCHISEE shall employ or retain an individual qualified to conduct customer waste surveys and developing site-specific plans for recycling, reduction, and diversion of solid waste generated by customers. "Recycling Coordinator' means the person described in this Subsection. E. VEHICLES. FRANCHISEE shall give COUNTY a list of all vehicles that FRANCHISEE uses to provide services under this Agreement on the date of this Agreement. FRANCHISEE shall give COUNTY an updated list annually or upon one week's request of COUNTY. FRANCHISEE shall provide franchise services with vehicles that comply with law, including: -(1) - South Coast Air Quality Management District rules and regulations, including Rule 1193, Clean On -Road Residential and Commercial Refuse Vehicles; (2) California Health and Safety Code Section 43000 et seq., with respect to air emissions (smog checks); (3) California Vehicle Code Section 27456b, with respect to tires; (4) California Vehicle Code Section 34500 et seq., with respect to vehicle safety, including bi-annual "BIT" inspections conducted by the California Highway Patrol; (5) rules and regulations promulgated under the California Vehicle Code with respect to vehicle highway lighting, flashing, and warning lights, clearance lights, and warning flags; (6) rules and regulations of the California Department of Motor Vehicles with respect to vehicle registration and weight limits; (7) the appropriate class of drivers' licenses issued by the California Department of Motor Vehicles; (8) Control Measure for Diesel Particulate Matter from On -road Heavy - Duty Residential and Commercial Solid Waste Collection Vehicles, 13 CCR 2020 et seq.; (9) 14 CCR 17341, 17342, 17343, and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment; (10) permit conditions under County Code Section 20.68.050 , and (11) decals 46 2012-FA001 Non -Exclusive Commercial Franchise F. SPECIAL SERVICES FOR RESIDENTIAL AND MULTIFAMILY CUSTOMERS. FRANCHISEE shall provide the franchise services prescribed in this Section without additional charge to its residential and multifamily customers. 1. Holiday Tree Collection. FRANCHISEE shall collect, transport, process, and divert all holiday trees such as Christmas trees and Hanukkah bushes discarded at any customer's container set -out site, on or before the customer's next regularly scheduled collection day: (1) during the period beginning December 26 and ending January 14, or (2) another period established by COUNTY not to exceed three weeks, and at a Customer's request. Holiday trees must stripped of ornaments, garlands, tinsel, flocking, and stands. 2. BulkV Items. E -waste, and CEDs Collection. FRANCHISEE shall provide bulky item, E -waste and CEDs collection to customers through service option b or c in subsection F2 below and shall inform the County of - the selected -service -option per customer through the Quarterly Report. -- "bulky item". "bulky item" means any large item of solid waste that can be safety lifted by two individuals using a dolly, including the following. (1) discarded furniture (such as chairs, sofas, mattresses and rugs); (2) appliances (such as refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing and other similar items commonly known as "white goods'); and (3) up to two tires per customer from passenger cars or pickup trucks. b. Five On -Call Pickups Per Year Without Additional Charge; Additional Pickups. FRANCHISEE shall collect no more than five bulky items and unlimited E -waste and CEDs per pick up upon 24 hours advance request of a residential or multifamily customer on that customers next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials without charge five times each year, but may charge amounts agreed to between FRANCHISEE and customer 47 2012-FA001 Non -Exclusive Commercial Franchise for a 6th or more time that same year. "Customer' does not include individual tenants in a multifamily residence. FRANCHISE shall use reasonable efforts to recycle bulky items, E -waste and CEDs. C. Annual Cleanup Event. FRANCHISEE shall collect unlimited amounts of bulky items and E - waste and CEDs of a residential or multifamily customer on the date agreed to between that customer and FRANCHISEE, at that customers regular site for placing solid wastecontainers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials at no charge. d. Personal Contact Annually. At least once each year FRANCHISEE shall talk with or meet in person the owner or superintendant of a multifamily residence and schedule the annual cleanup event. Leaving voice mail messages or- sending _e-mails _to_which no one responds does not satisfy this obligation. Sharps Program a. Distribution of Storage and Mailing Containers. Within one week of a residential or multifamily customer's request or multifamily customer's tenants' request for the following franchise services, FRANCHISEE shall provide customer or tenant at that customer's premise, without additional charge to that customer, the tenant or the COUNTY, with one to four container(s) satisfactory to County that has at least a one gallon capacity for discard of sharps. On each container FRANCHISEE shall attach information acceptable to County on the manner (including locations) in which the customer or tenant can dispose of sharps in accordance with applicable law. b. "Sharps". "Sharps" means any item generated by a residential or multifamily customer at their premises having corners, edges, or projections capable of cutting or piercing the skin to deliver injections or for medical purposes, including: (1) hypodermic, pen or intravenous needles, (2) needles with syringes, (3) needles from vacutainers, (4) needles with attached tubing, and (5) lancets. 48 2012-FA001 Non -Exclusive Cornmercial Franchise G. SPECIAL SERVICES FOR COMMERCIAL CUSTOMERS. 1. On -Call Pickups for Commercial Customers with Additional Charge. FRANCHISEE shall collect unlimited amounts of bulky items, E -waste, and CEDs upon 24 hours advance request of a commercial customer who subscribes to franchise service for commercial premises, on that customer's next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE for the charge agreed to between FRANCHISEE and customer. H. FOOD DIVERSION PLAN. 1. Director -approved Plan. Within three months from the date of this agreement FRANCHISEE shall give the Director a plan for diverting solid waste comprised of food waste generated at commercial customers' premises. Examples of diversion include arranging for delivery to food banks, and composting or bioconversion process. Examples of commercial customers premises include: (1) the following businesses identified by Office of the Assessor property use classification codes: • 1400-1420: Supermarkets, Small Food Stores 2100-2120: Restaurants, Fast Food Restaurants (Walk Up and Drive Up) • 3400-3420: Food Processing Plants • 6100-6900: Theaters, Bowling Alleys, Athletic and Amusement Facilities • 7200-7202: Private Schools • 7500: Homes for Aged and Others, and (2) other businesses identified by COUNTY: FRANCHISEE shall incorporate Director's comments on the plan, if any, into the plan. 2. Service. Upon a commercial customer's request, FRANCHISEE shall provided services described in its food diversion plan, subject to agreement with the customer on any additional charge. 3. Customer Information; Containers. Prior to commencing service, FRANCHISEE shall: 49 2012-FA001 Non -Exclusive Commercial Franchise (1) inform each applicable customer of program implementation (including discard and set -out instructions, collection schedules, commencement date and cost, if applicable); and (2) provide customers with sufficient number and capacity of containers to store discarded food waste pending collection. 4. Plan Implementation. Within six months from the date of this Agreement, FRANCHISEE shall begin diverting food under its Director - accepted plan. 50 2012-FA001 Non -Exclusive Commercial Franchise Left Intentionally Blank 51 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO, 2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES A. Container delivery. FRANCHISEE shall deliver a bin or roll -off box to any set - out site, at any time, and at a charge agreed to, between FRANCHISEE and customer. FRANCHISEE shall not leave the roll -off box or bin unless the customer provides FRANCHISEE with a copy of any encroachment permit required under County Code. Customers may keep on-call roll -off boxes for five weekdays or other time as agreed to between FRANCHISEE and Customer, not counting the delivery and removal days. B. Container pick up. FRANCHISEE shall pick up the bin or roll -off box at a time agreed to with customer. C. Diversion. FRANCHISEE shall use reasonable efforts to divert all materials that it collects under Subsection B above. FRANCHISEE shall divert soil, rock and gravel; other C&D debris, and inert materials at the levels prescribed in County Code 20.87.040. FRANCHISEE shall transport and deliver materials that cannot be diverted to the FRANCHISEE -selected or COUNTY designated solid waste facility. 52 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO. 3 (Section 14) INSURANCE REQUIREMENTS A. PROGRAMS. Without limiting its indemnities, and in the performance of this Agreement and until all of its obligations pursuant to this Agreement have been met, FRANCHISEE shall provide and maintain the following programs of insurance at its own expense. Obligations under this attachment are in addition to and separate from any other obligation in this Agreement. COUNTY reserves the right to review and adjust the insurance requirements in this attachment if County determines that there have been changes in risk exposures. COUNTY makes no warranty that the insurance coverage terms, types and limits in this attachment is sufficient to protect the FRANCHISEE for liabilities that may arise from or in relation to this Agreement. 1. Primary, Excess, Non -Contributory. All FRANCHISEE'S insurance shall be primary with respect to any other insurance or self-insurance programs available to COUNTY. 2. Cancellation of or Changes in Insurance. FRANCHISEE shall provide - COUNTY ---with, or .FRANCHISEE's insurance policies shall contain a provision that COUNTY shall receive, written notice of: Cancellation of required insurance, or any change in required insurance, including • insurer, limits of coverage, term of coverage. or • policy period. FRANCHISEE shall provide the written notice to COUNTY at least: 1. days in advance of cancellation for nonpayment of premium and 2. 30 days in advance for any other cancellation or policy change. The written notice cannot include language with respect to "endeavor' or exculpation for "failure to do so". Noncompliance. Neither the County's failure to obtain, nor the COUNTY'S receipt of, or failure to object to a noncomplying insurance certificate or endorsement or any other insurance documentation or information provided by the FRANCHISEE, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any obligation under this attachment. If FRANCHISEE does not provide and maintain those programs of insurance, COUNTY may elect to purchase required insurance coverage without further notice to FRANCHISEE, and COUNTY may charge FRANCHISEE any premium costs advanced by COUNTY for 53 2012-FA001 Non -Exclusive Commercial Franchise that insurance and draw on the performance bond, letter, of credit, or other form of performance assurance provided by FRANCHISEE. FRANCHISEE must comply with all terms of insurance and insurers. However, insurance must obligate the insurer to pay COUNTY claims that are covered under the policy even if FRANCHISEE or COUNTY does not comply with all policy requirements or duties (such as failing to report an incident or claim in a timely manner, law, allowing operations or use of the Project not permitted under the policy, or making misrepresentations). 4. Evidence of Insurance: Cols and copies of policies. On the date of this Agreement and thereafter 30 days prior to each policy renewal and also within two County business days of any COUNTY request, FRANCHISEE shall deliver a certificate or certificates of insurance or other evidence of coverage acceptable to the Director at the address provided for Notices. Certificates or other evidence must: a. Agreement, Insured and Insurers (1) specifically identify this Agreement by name or number; (2) name the insured party that matches the name of FRANCHISEE executing this Agreement; (If FRANCHISEE's direct (or indirect) parent is the named insured, the DESCRIPTION OF OPERATIONS/LO CATION SNEHICLES/EXC LUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS in the COI must state that FRANCHISEE is also a named insured under all listed policies); (3) provide the full name of each insurer providing coverage and the insurer's NAIC (National Association of Insurance Commissioners) identification number, (4) and each insurer's financial rating. b. Types and limits: (1) Clearly evidence all coverage, types and limits required in this Agreement. Coverage may consist of a combination of primary and excess policies. Excess policies must provide coverage as broad as ("follow form" over) the underlying primary policies; (2) Identify standard policy forms or their equivalent. c. Attach additional endorsements: (1) Additional Insured Endorsements. Include copies of the additional insured endorsements to General Liability Policy which must add COUNTY and its Special Districts, elected officials, 54 2012-FA001 Non -Exclusive Commercial Franchise officers, agents, and employees as additional insureds with respect to liability arising out of ongoing and completed franchise services, and applicable with respect to liability and defense of suites arising out of FRANCHISEE'S acts or omissions, whether that liability is attributable to the FRANCHISEE or the COUNTY. The full policy limits and scope of protection must apply to each of those additional insureds even if those limits or scope exceed the minimum required insurance specifications in this Agreement. FRANCHISEE may use an automatic additional insured endorsement if the endorsements meet the requirements of this attachment. (2) Waiver of Subrogation Endorsements. Include copies of subrogation endorsements necessary to effect FRANCHISEE'S waiver of its and its insurer(s)' rights of recovery against County under all insurance, to the fullest extent permitted by law. (3) Primary, Excess, Non -Contributory. All insurance must be primary with respect to any other insurance or self-insurance programs available to COUNTY. (4) Pollution Endorsement to Automobile Liability, or equivalent, must remove any pollution and asbestos exclusion from the policy. (5) Insured -vs. -Insured. If a policy of Insurance contains an insured -vs. -insured provision, it must be endorsed to provide cross -liability coverage as would be afforded by the standard ISO separation of insureds provision with no insured -vs. -insured exclusions or limitations. (6) Full Policy Limits and scope of protection must apply to each additional insured even if those limits or scope exceed the minimum required specifications for insurance in this Agreement. d. Deductibles and SIRs. Identify any retained losses, deductibles or self-insured retention ("SIR") exceeding $50,000 for COUNTY'S approval. FRANCHISEE'S policies shall not obligate COUNTY to pay any portion of any FRANCHISEE retained loss, deductible or SIR. COUNTY retains the right to require FRANCHISEE to reduce any deductibles or self-insured retention as they apply to COUNTY or to require FRANCHISEE to provide a bond, letter of credit, or certificate of deposit guaranteeing payment of all retained losses and related costs, including expenses, or both, related to 55 2012-FA001 Non -Exclusive Commercial Franchise investigations, claims administrations, and defense. The bond must be executed by a corporate surety licensed to transact business in the State of California; the letter of credit must be issued by a bank or other financial institution acceptable to the County; and e. Signature verification. Include documentation acceptable to COUNTY verifying the following: • that the individual signing or counter -signing the certificates, and at COUNTY'S request, the ,policies, endorsements, or other evidence of coverage, is authorized to do so, and • identifies his or her company affiliation and title. At COUNTY'S request, FRANCHISEE shall promptly provide COUNTY with complete, certified copies of any policy of insurance that FRANCHISEE must carry under this Agreement. g. Claims Made/Retroactive Date. The policy retroactive date, which - -- - — - can be identified, -on -any --insurance written on claims made basis, must precede the date of this Agreement. The effective date of each policy must not be any later than the date of this Agreement. FRANCHISEE shall maintain any claims made coverage for a period of not less than three years following expiration, termination or cancellation of this Agreement. h. Text of Provisions in Blanket Policies. A certified copy of the provisions in each blanket policy, if any, that provides evidence satisfactory to COUNTY that the policy meets the requirements of this Agreement. Without limiting its indemnification under the Agreement, FRANCHISEE assumes all obligations of the insurer providing Insurance to defend COUNTY (which might be broader than FRANCHISEE's indemnification), for the following period of time: (1) beginning immediately upon filing any action against COUNTY that the insurer would be required to defend, until (2) the deductible or SIR has been met and the insurer does defend COUNTY. As soon as possible (but no longer than ten days), FRANCHISEE shall report to COUNTY when FRANCHISEE has exceeded FRANCHISEE's deductible or Self Insured Retention ("SIR"). Upon COUNTY request, Insurance must provide: 56 2012-FADO1 Non -Exclusive Commercial Franchise (1) application of insurer's defense costs to reduction of deductible or SIR; and (2) give COUNTY right to approve a claims settlement and receive payments directly. 5. Insurer Financial Rating. FRANCHISEE shall secure insurance provided by an insurance company meeting the following requirements: (1) be acceptable to COUNTY (for example, COUNTY might require that the insurer be admitted in California), and (2) have a rating by A.M. Best Company of not less than A: VII, unless otherwise approved by COUNTY. 6. Reporting: Incidents, Claims, or Suits; Claims Paid or Reserved: a. Notification of Incidents, Claims, or Suits. As soon as possible, (but no later than ten days after any of the following events) FRANCHISEE shall promptly report the following in writing to the Director:....... (1) Any accident or incident relating to the franchise services involving injury or property damage that may result in the filing of an insurance claim against any insurance policy, its legal claim, or lawsuit against FRANCHISEE, any subcontractor and/or COUNTY; (2) Any third -party claim or lawsuit filed against FRANCHISEE arising from or related to franchise Services; (3) Any injury to a FRANCHISEE employee that occurs on COUNTY property, and (4) Any loss, disappearance, destruction, misuse, or theft of COUNTY property, money or securities entrusted to FRANCHISEE. FRANCHISEE shall submit its report on a COUNTY "Nonemployee injury Report" form available by request from the COUNTY. b. Claims Paid or Reserved. FRANCHISEE shall immediately report the following in writing to the Director if total claims (both paid and reserved) against any policy of insurance (except with respect to Workers' Compensation) exceed more than 80 percent of the required aggregate policy limits. (In that event, FRANCHISEE must obtain additional Insurance or provide COUNTY with financial assurance satisfactory to COUNTY in order to maintain those required policy limits.) 57 2012-FAOD1 Non -Exclusive Commercial Franchise Insurance Coverage Requirements. FRANCHISEE shall secure and maintain insurance coverage meeting the following requirements: (1) General Liability Insurance (written on ISO policy form CG 00 01 or its equivalent - occurrence, not claims made) with limits of not less than the following: General Annual Aggregate: $4 million Products/Completed Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million The general liability policy must provide contractual liability coverage for FRANCHISEE'S indemnification of COUNTY. (2) Pollution Liability Coverage for pollution conditions resulting from transported cargo, with annual limits of not less than $2 -million -per- occurrence and $4 million aggregate, covering loss (including cleanup costs) that FRANCHISEE becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs, (including but not limited to, expenses required by environmental laws or incurred by Federal, State, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this Subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered. The pollution liability coverage must provide contractual liability coverage, by endorsement, if necessary, for FRANCHISEE'S indemnification of COUNTY. FRANCHISEE'S general liability policy may be endorsed to provide the required pollution liability coverage. FRANCHISEE is not required to provide this insurance if it provides franchise services only in roll -off boxes. (3) Automobile Liability Coverage (written on ISO policy forms CA 00 12 or CA 00 20 or their equivalent - occurrence, not claims made) with a limit of liability not less than $2 million for each accident and endorsed to include pollution liability 58 2012-FA001 Non -Exclusive Commercial Franchise (written on form CA 99 48 or its equivalent). The insurance must cover all vehicles used by FRANCHISEE pursuant to its operations and services and the terms of this Agreement. FRANCHISEES subject to federal regulations also shall maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. (4) Workers' Compensation and Employers' Liability insurance providing workers' compensation benefits required by the California Labor Code or by any other State labor law, and for which FRANCHISEE is responsible. In all cases, this insurance must also include Employers' Liability coverage with limits of not less than the following: I. Each accident: $1 million ii. Disease - policy limit: $1 million iii. Disease - each employee: $1 million 9.Insurance Coverage Requirements for Subcontractors. FRANCHISEE shall ensure that all subcontractors performing franchise services under this Agreement secure and maintain the insurance coverage required in Subsections B1 through 7 of this attachment by providing evidence that either: (1) FRANCHISEE is maintaining the required insurance covering the activities of Subcontractors, or (2) Subcontractors are maintaining the required insurance coverage. FRANCHISE shall provide COUNTY with any subcontractor request to modify that insurance coverage and get COUNTY approval prior to modification. C. Compensation for County Costs. If FRANCHISEE fails to comply with any of the Indemnification or insurance requirements of this Agreement and that failure results in any costs to COUNTY, FRANCHISEE shall pay full compensation for all County's reimbursement costs. D. Alternative Risk Financing Programs. County reserves the right to review and then approve FRANCHISEE'S use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy obligations under this attachment. County and anyone named as additional insured shall be designated as an Additional Covered Parry under any approved program. 59 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS A. LABOR CODE. FRANCHISEE and its agents and employees are bound by and shall comply with all applicable provisions of the California Labor Code as well as all other laws related to labor. FRANCHISEE acknowledges that eight hours labor constitutes a legal day's work under law. FRANCHISEE shall require work in excess of eight hours a day or 40 hours during any one week only as authorized by California Labor Code Section 1815. By and through its execution of this Agreement, FRANCHISEE represents and warrants that it is aware of and understands the provisions of California Labor Code Section 3700, which requires every employer to be insured against liability of Workers' Compensation or to undertake self-insurance in accordance with those provisions before commencing the performance of work under this Agreement and agrees to fully comply with those provisions. B. CONSIDERATION OF GAINIGROW PARTICIPANTS FOR EMPLOYMENT. - -- Should FRANCHISEE- require -additional or replacement personnel after the - Execution Date, FRANCHISEE shall give consideration for any of those employment openings to participants in COUNTY'S Department of Public Social Services' Greater Avenues for Independence (GAIN) Program or General Relief Opportunities for Work (GROW) Program who meet FRANCHISEE'S minimum qualifications for the open position. COUNTY shall refer GAINIGROW participants, by job category, to FRANCHISEE. For this purpose, "consideration" means that FRANCHISEE shall interview qualified candidates. C. NOTICES TO EMPLOYEES. Regarding the Federal Earned Income Credit. FRANCHISEE shall notify its employees, and shall require each subcontractor performing Franchise Services to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. The notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015 that FRANCHISEE has attached as Franchisee Documentation. 2. Regarding Safely Surrendered Baby Law. FRANCHISEE acknowledges that COUNTY places a high priority on the implementation of the Safely Surrendered Baby Law (SB 1368) a. Fact Sheet. FRANCHISEE shall notify and provide to its employees and shall require each subcontractor performing Franchise Services to notify and provide to subcontractors' employees a fact sheet regarding the Safely Surrendered Baby 60 2012-FA001 Non -Exclusive commercial Franchise Law, its implementation in the COUNTY, and where and how to safely surrender a baby. FRANCHISEE shall print and make available in every facility where its employees are present, including offices and operation yards, the fact sheet that is available at www.babysafela.org. b. Poster. FRANCHISEE understands that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "Safely Surrendered Baby Law" poster in a prominent position at the contractor's place of business. FRANCHISEE shall also encourage its subcontractors to post this poster in a prominent position in the subcontractors' place of business. COUNTY'S Department of Children and Family Services shall supply FRANCHISEE with the poster to be used. 3. Regarding Child Support. FRANCHISEE acknowledges that COUNTY places a high priority on the enforcement of child support laws and the apprehension of child support evaders. FRANCHISEE further -- - -- -- acknowledges-- that it -is -COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "L.A.'s Most Wanted: Delinquent Parents List" supplied by COUNTY in a prominent position at their place of business. D. PROHIBITION AGAINST USE OF CHILD LABOR. Compliance with ILO Convention Concerning Minimum Age for Employment. FRANCHISEE shall not knowingly sell or supply to COUNTY or Customers any products, goods, supplies, or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment (the "Convention Concerning Minimum Age for Employment"). If FRANCHISEE discovers that any products, goods, supplies, or other personal property sold or supplied by FRANCHISEE to COUNTY or any Customer are produced in violation of that Convention, FRANCHISEE shall immediately provide an alternative source of supply that complies with that Convention. 2. Provide COUNTY with Records. At COUNTY'S request, FRANCHISEE shall provide documentation I the form required by COUNTY evidencing the country or countries of origin of any products, goods, supplies, or other personal property FRANCHISEE sells or supplies to COUNTY or any Customer in connection with Franchise Services. 3. Provide COUNTY with Manufacturers' Certification. At COUNTY'S request, FRANCHISEE shall provide to COUNTY the manufacturer's certification of 61 2012-FAOOI Non -Exclusive Commerclal Franchise compliance with the Convention Concerning Minimum Age for Employment or other all -international child labor conventions. E. NONDISCRIMINATION. Employees. FRANCHISEE and its Affiliates shall employ qualified applicants and treat employees equally without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation and in compliance with all State of California and federal antidiscrimination laws, including in employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation, and selection of training (including apprenticeship). 2. Subcontractors, Bidders and Vendors. FRANCHISEE shall deal with its subcontractors, bidders, and vendors without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental -- ---- ---- disability, marital status, or political affiliation. 3. Certification. FRANCHISEE shall comply with the provisions of FRANCHISEE'S EEO Certification (Form PW -7), attached as Franchisee Documentation. 4. Inspection of Records. At COUNTY'S request, FRANCHISEE shall promptly allow COUNTY and its auditor's access to FRANCHISEE'S employment records at FRANCHISEE'S Office during franchisee's office hours to verify compliance with the provisions of this Subsection. 5. Remedies for Discrimination. If COUNTY finds that FRANCHISEE has violated any provisions of this Subsection, that violation constitutes a Franchisee default. While COUNTY reserves the right to determine independently that the antidiscrimination provisions of this Subsection have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that FRANCHISEE has violated State of California or federal antidiscrimination laws shall constitute a finding by COUNTY that FRANCHISEE has violated the antidiscrimination provisions of this Subsection. F. SAFETY Services Safety Official. FRANCHISEE shall designate in Franchisee Documentation a Services Safety Official who shall be thoroughly familiar with FRANCHISEE'S Injury and Illness Prevention Program (IIPP) and 62 2412-FADD1 Non -Exclusive Commercial Franchise Code of Safe Practices (CSP). FRANCHISEE shall ensure that the Services Safety Official is available at all times Franchise Services are provided to abate any potential safety hazards. FRANCHISEE shall give the Services Safety Official the authority and responsibility to cease performing any service if necessary to abate any potential safety hazard. If FRANCHISEE fails to designate or make available the Services Safety Official, COUNTY may direct the Franchise to cease providing Franchise Services at no cost to COUNTY until FRANCHISEE is in compliance with this Section. 2. Safety Responsibilities. FRANCHISEE is responsible for the safety of equipment, material, and personnel under FRANCHISEE'S control or authority during performance of Franchise Services. FRANCHISEE is solely responsible for ensuring that all work performed under this Agreement is performed in strict compliance with all laws with respect to occupational safety regulations. FRANCHISEE shall provide at its expense all safeguards, safety devices, protective equipment, and shall take all actions appropriate to providing a safe job environment. G. COUNTY LOBBYISTS FRANCHISEE and each COUNTY lobbyist or County lobbying firm as defined in County Code Section 2.160.010, retained by Franchisee shall fully comply with the County Lobbyist Ordinance. FRANCHISEE represents that no Person, including a selling agency, has been employed or retained to solicit or secure this Agreement, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by FRANCHISEE for the purpose of securing business. 63 2012-FA001 Non -Exclusive Commercial Franchise List of Los Angeles County Unincorporated Communities ID NAME 1 ACTON 2 AGOURA 3 AGUA DULCE 4 ALTADENA 5 ANTELOPE ACRES 6 ARCADIA ISLANDS 8 AVOCADO HEIGHTS 9 AZUSA ISLANDS 10 BALDWIN HILLS 11 BASSETT 12 BIG PINES 13 BIG TUJUNGA 14 BOUQUETCANYON 15 CALABASAS HIGHLANDS 16 CASTAIC _17__ _CASTAIC.JUNCTION _. 18 CERRITOS ISLANDS 19 CHARTER OAK 20 CITRUS 21 COVINA ISLANDS 22 DEL AIRE 23 DEL SUR 24 DEL VALLE 27 EASTPASADENA 28 EAST SAN GABRIEL 29 EL CAMINO VILLAGE 30 ELIZABETH LAKE 31 FAIRMONT 34 FOOTHILL 35 FORREST PARK 36 FRANKLIN CANYON 37 GORMAN 38 GREEN VALLEY ID NAME 39 HACIENDA HEIGHTS 40 HAWTHORNE ISLAND 41 HI VISTA 42 JUNIPER HILLS 43 KAGEL CANYON 44 LA CRESCENTA 45 LA RAMBLA 47 LAKE HUGHES 48 LAKE LOS ANGELES 49 LAKEVIEW 50 LANG 52 LEONNAVALLEY 53 LITTLE TUJUNGA 54 LITTLEROCK 55 LLANO _ 56 LONG BEACH ISLAND 57 LOS NIETOS 58 MALIBU VISTA 59 MARINA DEL REY 61 MINT CANYON 62 MONROVIA/DUARTE ' ISLANDS 63 MONTROSE 64 MULHOLLAND CORRIDOR CORNELL LAS VIRGENES/MALIBU CANYON MALIBU BOWL MALIBU HIGHLANDS MALIBU LAKE MALIBU/SYCAMORE CANYON MONTE NIDO TRIFUNO CANYON 65 NEENACH 6fi PALMDALE AIRPORT ID NAME 67 PEARBLOSSOM 68 PICO 69 QUARTZ HILL 70 RANCHO DOMINGUEZ 71 ROOSEVELT 73 ROWLAND HEIGHTS 74 SAN CLEMENTE ISLAND 75 SAN PASQUAL 76 SANTA CATALINA ISLAND 77 SOLEDAD 78 SOUTH SAN GABRIEL 79 SOUTH SAN JOSE HILLS 80 STEVENSON RANCH 81 SULPHUR SPRINGS 82 SUN VILLAGE 83 TOPANGA CANYON FERNWOOD GLENVIEW SYLVIA PARK TOPANGA 84 1 UNIVERSAL CITY 85 VALVERDE 86 VALINDA 87 VALYERMO 88 VASQUEZ ROCKS 89 VETERANS CENTER 92 WESTCARSON 94 WESTFIELD 95 WHITTIER ISLANDS 96WHITTIER NARROWS 98 WILSONA GARDENS 100 1 WRIGHTWOOD Garbage Disposal Districts (Excluded) EXHIBIT A 64 WILLOWBROOK 7 ATHENS (GDD) 32 FIRESTONE (GDD) 51 LENNOX GDDA;7—; 97 GOD MESA HEIGHT WINDSOR HILLS 25 EAST COMPTON GDD 33 FLORENCE GDD 60 (GOD) 99 GDD EAST LOS ANGELES LADERA HEIGHTS ROSEWOOD 26 (GO D) 46 GDD 72 GDD 64 LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP North Detail LEGEND e Unincmpomted Community' Miles rusucwonice TY �yFF�YrWyyFpwnpiy.ls Mgelw OW wYaFN FOYRq YpaOnY FrroF 0 3.75 7.5 x[s:�y.�Fixw�o�.�wwaiswabu«Qoasxusan mmm ��maono w��v�xmoo '+�MFwFc�Aw.m rnwume�x avwn. u.M�c.ca w.m aae� FL W14011:312:3 LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP South Detail LEGEND 74 _ n unlncorpomted Community PUBLIC woRRa 1Lb m.rbbpb�q PrM.Y Rry. �.. reps.. ().b w�YYRlmu.mrspaas.r b.Aa. cmb�..+re•a•a�/reeb w.np op.e Y^�mi..wawecmn Py.R.^� Garbage Disposal District (GDD) WWepY WM.uyMpmNblin.p. e1NYCNt+Y'J(R.16hN... RFf.'pnul.npnpe RlPWlPpekmbrfbMWYmYmmI.a gC.Yi MlE lU1}/1Wp .s &v V.ppwp..RM.+b Maupemmi LF mwmq. cmS .S LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP ID NAIVE ID NAME 1 ACTON SD LONG BEACH ISLAND 3 AOWRA 51 Los HIETGS S AQUA WLCE W MAUBUMSTA . ALTADENA W MARINA CEL RET 5 ANTELOPE ACRES W MESA HEIGHTS (CDD) 6 ARCACIA I5IANDS 61 MINTCANYON T ATHENS (GOD) 62 MONRCVADUARTE (ISLANDS) 6 AVOCADOHEIGHTS 63 MONTROSE D AZUSA ISLANDS N MULHCLIANOCOWUDOR 10 BALDWIN HILLS CORNELL It BASSETT LAS V69GENESIMALIBU CAVY 12 SIG PINES MALIBU SOWL 15 BIO TWUNGA MALIBU HIGHLANDS 14 SOUWET CANYON MALIBU LAKE 15 CALABASAS HIGHLANDS MAUBUSYCAMORE CANYON 16 CASTAIC MONTE NIDD iT CASTAIC JUNCTION TRffUNOCANYON IS CERRITOS ISLANDS 65 NEENACH 19 CHARTER OAK W PALMDALE AIRPORT 20 CITRUS In PEARBLOSSOM 21 COMM NNANDS BB PLCO 22 DEL AIRE 000ARTZHILL A DEL SUR TO RANCHO DOMINGUEZ N CELVALLE N ROOSEVELT 25 IJSTCO.MPTGH(WO) TZ ROSEWOOD ODD) 26 EAST LOS ANGELES (GOD) 20 RGWM1AND HEIGHTS BELV MREOARGENS TA SAN CLEMENTE ISLAND CITYTERRACE 75 SAN PASOUAI. EASTMONT 76 SANTA CATALINA ISLAND 1l EABTPASAOENA ]1 SOtEDAD 2a FASTSANGABMEL 76 SOUTH SAN GABRIEL A ELCAMINOVILIAGE r9 SOUTH SAN JOSE HILLS W ELISABETH LAKE an STEVENSON RANCH ]t FAIRMONT at SULPHUR SPRINGS D2 FIRESTONE(GDD) 62 SUN VILLAGE DG FLORENCE (GOD) 0TOPANGA CANYON 0•FOOTHILL FERNWOOD 35 FORREST PARK GLENVIEW 06 FRANKLIN CANYON 6YLVLAPARK a]GORMAN TOPANDA M GREEN VALLEY 61 UNIVERSALCRY SO HACIENDA HEIGHTS S5 VAL VERDE 49 NAWTNCRNE ISLAND a6 VALINDA 41 HI VISTA Bi VALYERMO 42 JUNIPER HILLS 66 VASQUEZ ROCKS HO KAGEL CANYON aD VETERANS CENTER 61 LACRESCENTA WVIEW PARK (ODD) 45 LA RAMBLA 91 WALNUT PARK(GDO) AS LADERA HEIGHTS (Cool 92 WEST CARSON IT LAKE HUGHES 92 WEST FOX HILLS (GOD) .6 ES LAKELOSANGEL 9A WESTFIELD R9 LAKEVIEW 95 YYHITTIER ISLANDS SO LANG 96 MYTTIER NARROWS $I LENNOX(Goo) 07 WILLOWBROOKIGDD) W LEONNA VALLEY 95 WLSONA GARDENS 5511TRETIUUNGA 99 WINDSOR HILLS(GDD) N UTTLEROCK 100 WRIGHTV.VOD 55 L LAND fHM miltlnea.i 6tl. wD 6 W.W..O In.. TNs nuPH WwanLg pwpw.. wJy.LSM9Yn p pu..an6N La. A.geY. GwN1 DNx:6 M CwnM vw.vly Wa.hf .q 9ibNb1.�6' CI P.Ai<Ww4' bPY W W+u. .ucm.a..w9M ^ W 6e we.ellii N. mp. 11(IYJ009 S• 37 85 16 18 65 ZI 0 6 BB 0 NON: ilor WrMI �� rot to uYe rn.I T.e Oue leuYrt �14 I� LEGEND Unincorporated Community Rg Garbage Disposal District (GDD) w Miles 0 0%5 11.5 EXHIBIT CA (Revised 412012) CUSTOMER BILL OF RIGHTS CUSTOMER BILL OF RIGHTS (which COUNTY may update) What We Will Collect. We will collect refuse, green waste and commingled recyclables in bins and/or carts we provide. You must place refuse, recyclable materials, and green waste in the appropriate bins and/or carts. We will not pick up materials that you discard outside of bins and/or carts unless you have made previous arrangements with us, as described below. Additional Customer Options Regarding Recyclables: Mandatory Recycling. Commercial businesses and multifamily residences that generate 4 cubic yards or more of solid waste per week are required by California law to recycle. To comply with law, you may donate or sell any or all of your recyclables to someone else, such as recycling centers or reuse enterprises or subscribe to recycling services with us. We offer the following recycling service options without additional charge: a one cubic yard recyclable bin or up to two 96 gallon recyclable carts. Additional or larger containers will be offered at half the rate for the same type and capacity of refuse container and same frequency of refuse collection service. In addition, we will conduct annual site visits to - evaluate whether your existing levels of refuse and recycling service is appropriate, and promote and implement recycling services. We Will Not Collect Hazardous Waste or Electrical Waste. State law prohibits disposal of hazardous materials and certain electronics in your trash. Hazardous waste includes: most paints, pesticides, petroleum derivatives such as motor oil and solvents, batteries, thermostats, aerosol cans, fluorescent lights, and certain mercury -containing devices. Electrical waste includes "covered electronic devices' and electrically powered equipment described below under "On -Call Pickups", which you may ask us to collect separately. If we identify these items in your trash, we will tag your bin and not collect it. For additional safe and legal disposal options, call the HAZWASTE HOTLINE at (888) CLEAN -LA or visit www.ciwmb.ca.gov/HHW/info. When We Will Collect. We will collect your containers on your scheduled collection day(s) each week. We will notify you in advance if we make a permanent change in your scheduled collection day. If your scheduled collection day falls on or after a holiday, during a holiday week, collection will be delayed by one day (Friday customers will have their collection on Saturday). We observe the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day. Where We Will Pick Up. You must set your bin(s) at the set -out site as agreed upon unless you have roll-out service. If we agreed to collect on private driveways or pavement, we will ask you to sign a waiver of damage liability and/or indemnification. We must repair or replace, to your satisfaction, damaged property, and reimburse you for cost of personal injury, caused by our negligence or willful acts or omissions. In addition to enforcing your rights under the franchise agreement, you may institute civil suits allowed under law. M EXHIBIT C.1 (Revised 4/2012) Container Enclosure Maintenance and Litter. You are responsible for keeping your container enclosure or set out site clean and in good repair. We will clean up all litter caused during collection. Weight Limitations of Carts or Bins. We will not pick up carts weighing more than XXX or bins weighing more than: x cubic yard bin= xxx lbs, etc. (Hauler to provide max wt based on container size) Repair/Replacement. We will repair or replace containers within 2 weeks of your request at no charge. Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties: We will provide one of the following service options upon your request: (1) 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at --the regular site for placing solid waste -containers but not in any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendant of a multi -family residence and schedule the annual cleanup event. Examples of bulky items include discarded furniture (such as chairs, sofas, mattresses, box springs, and rugs); appliances (such as refrigerators, range, washers, dryers, water heaters, dishwashers, plumbing, and other similar items). Electronics includes "covered electronic devices" such as cathode ray tubes (as in TV and computer monitors), LCD and plasma screens; and electrically powered equipment such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, and calculators. On -Call Pickups for Commercial Customers with Surcharge. We will make 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at specified charges. If you call us at least 24 hours in advance, we will collect them on your next regularly scheduled pickup day. When You Must Pay. (Hauler to provide billing information) Sample Language: We bill trash collection services three -months in advance. We will mail your bill on or before the 15t day of your billing period, for example, on April 15f for the billing period of April, May and June. Your bill is due no later than the last day of the first month, for example RE EXHIBIT C.1 (Revised 4/2012) on April 301h. If we do not receive payment by the last day of the second month, for example, May 31st, your bill will become delinquent and an additional 10% per annum fee will be added to the balance. We may terminate your service if you do not pay your service fees by the end of the billing cycle, for example, June 301h. We will charge $25 to restart the service after a service interruption and a $25 fee on returned checks. Customer Termination Rights And Right To Self -Haul: Within six months of your new service, we will amend any written subscription order you may have with us to grant you your customer termination rights. You may terminate service without cause at any time by giving us 90 days notice if you are not delinquent in paying us any service charges. You may also terminate service immediately in the event of certain emergencies or by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts and/or dumpsters/bins) or we bill you incorrectly (such as changing your service rate(s) without obtaining your prior consent through a revised Customer Subscription Order). You also have the right to self -haul all or some of your waste in addition to, or instead of, subscribing to our service. Customer Notification. We will provide a written final notice (postmarked at least 14 days- in advance) if we- are to suspend or terminate your service. The final notice will include an explanation for the suspension or termination and information on how to resolve your issue and restart service. We will refund (Hauler to provide language) Sample Language: any overcharges (including advance payments for services that you subsequently cancel) within 30 days after we receive them. We will pay you interest on overcharges (other than advance payments for subsequently canceled services) at 10 percent per annum from the date the overcharged until the date refunded. Where You Can Contact Us. You may call us regarding service or complaints Toll Free at (insert haulers number here) between Xam and Xpm weekdays, except holidays. You may come to our office located at (insert haulers address here), mail correspondence to our office address or via e-mail at (insert haulers e-mail address). If we do not satisfactorily resolve any complaint, you may call the County at 1-800-993- 5844. We Do Not Discriminate. If you are entitled to service, we will not discriminate against you on account of race, creed, color, sex, gender, national origin, ancestry, religion, age, physical or mental disability, marital status, or political affiliation. Rights Of Privacy. We will observe and protect your rights of privacy and trade secrets. Unless you give us permission, we will not reveal any information identifying you or the composition or contents of your solid waste to any person except the County or if required by law. Thank You For Allowing (insert haulers name here) To Serve You! 70 EXHIBIT D Assembly Bill No. 341 CHAPTER 476 An act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, to add Sections 40004, 41734.5, and41780.01 to, to add Chapter 12.8 (cornmencing with Section 42649) to Part 3 of Division 30 of, and to add and repeal Section 41780.02 of, the Public Resources Code, relating to solid waste. [Approved by Governor October 5, 201 I. Piled with Secretary of State October 6,2011. 1 LEGISLATIVE COUNSEL'S DIGEST AB 341, Chesbro. Solid waste: diversion. (1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and__ a composting com onent. With certain exceptions the source reduction and recyclmg a omen[ of that plan is required to divert 50% of all solid waste from landfill disposal or transformation by January 1, 2000, throughsource reduction, recycling, and composting activities. The department is required to file an annual progress report with the Legislature by March I that includes specified information regarding the act. This bill would make a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be soiree reduced, recycled, or composted by the year 2020, and would require the department, by January 1, 2014, to provide a report to the Legislature that provides strategies to achieve that policy goal and also includes other specified information and recommendations. The bill would allow the department to provide the report required by the bill in conjunctionwith the annual progress report, if the combined report is submitted by January I, 2014. The bill would repeal the report requirement on January 1, 2017. (2) Existing law requires a city, county, and city and county to incorporate the nondisposal facility element and any amendment to the clement into the revised source reduction and recycling element at the time of the 5 -year revision of the source reduction and recycling element. Existing law requires the department to review an amendment to a nondisposal facility element and requires a local task force to review and comment on amendments to a nondisposal facility element. This bill would repeal those requirements. The bill would instead require a city, county, city and county, or regional agency to update all information 92 71 EXHIBIT D Ch. 476 —2— required 2— required to be included in the nondisposal facility element. The bill would provide that the update is not subject to approval by the department or comment and review by a local task force. (3) Existing law requires a local agency to impose certain requirements on an operator of a large venue or event to facilitate solid waste reduction, reuse, and recycling. This bill would require a business, defined to include a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more to arrange for recycling services, on and after July 1, 2012. The bili would also require a commercial waste generator to take specified actions with regard to recyclable materials. The bill would require a jurisdiction, on and after July 1, 2012, to implement a commercial solid waste recycling program meeting specified elements but would notrequire thejurisdiction to revise its source reduction and recycling element if the jurisdiction adds or expands a commercial solid waste recycling program to meet this requirement The bill would authorize a local agency to charge and collect a fee from a commercial waste generator to recover the local agency's costs incurred in complying with the commercial solid waste recycling program requirements. By requiring a jurisdiction to implement a commercial solid waste recycling program, this bill would impose a state -mandated local program. The bill would require the department to review a jurisdiction's ----``compliancewith the above requiremenrasapart of the department'sreview — of a jurisdiction's compliance with the 50% solid waste diversion requirement and would authorize the department to review a jurisdiction's compliance pursuant to a specified procedure. (4) Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on September 1 of each year starting in 2009. This bill would change the due date to May 1 of each year. (5) Existing law requires an operator of a solid waste facility that wants to change the design or operation of the solid waste facility in a manner not authorized by the current permit to apply for a revised permit. Within 60 days of receipt of the application for the revised permit, the enforcement agency is required to inform the operator, and in some circumstances the department, of its determination to allow the change without revision of the permit, disallow the change, require a revision of the permit to allow the cbange, or require review under the California Environmental Quality Act before a decision is made. This bill would also require the enforcement agency to give notice of its determination to allow certain changes without a revision to the permit through a modification to the permit allowed by regulations developed by the department. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandatedby the state. Statutory provisions establish procedures for making that reimbursement. 92 72 EXHIBIT D —3— This bill would provide that no reimbursement is required by this act for a specified reason. The people ofthe Stale of California do enact as follows: SECTION 1. (a) The Legislature finds and declares both of the following: (1) Since the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), local governments and private industries have worked jointly to create an extensive material collection and recycling infrastructure and have implemented effective programs to achieve a statewide diversion rate above 50 percent. (2) Although the state now leads the nation in solid waste reduction and recycling, the state continues to dispose of more than 40 million tons of solid waste each year, which is more than the national average on a per capita basis. Additional efforts must be undertaken to divert more solid waste from disposal in order to conserve scarce natural resources. (b) The Legislature further finds and declares all of the following: (1) Approximately 64 percent of the state's solid waste disposal is from commercial sources, including commercial, industrial, construction, and demolition activities. In addition, 8 percent of the state's solid waste disposal ----is_ from -multifamily residential housing -that is often_ collected along with the commercial waste stream. (2) The state's local governments have made significant progress in reducing the amount of solid waste disposal from single-family residential sources that make up 28 percent of the state's disposal, but have faced more challenges in reducing disposal from the commercial and multifamily sources. (3) The disposal of recyclable materials in the commercial solid waste stream prevents materials from circulating in the state economy to produce jobs and new products. Reducing the disposal of these materials will conserve landfill capacity and contribute to a reduction in greenhouse gas emissions and climate change. (4) The state has long been a national and international leader in environmental stewardship efforts and mandating the diversion of solid waste away from disposal. Bold environmental leadership and a new approach are needed to divert commercial solid waste away from disposal. (5) By exercising a leadership role, the state will lead the business community toward a future in which the environment and the economy both grow stronger together by recycling materials, which creates new jobs, instead of burying resources, which exit the economy forever. (6) By requiring commercial recycling, the state will help businesses reduce costly disposal fees and reclaim valuable resources. SEC. 2. Section 40004 is added to the Public Resources Code, to read: 40004. (a) The Legislature finds and declares all of the following: 97 73 EXHIBIT D Ch. 476 —4— (1) 4— (1) Solid waste diversion and disposal reduction require the availability of adequate solid waste processing and composting capacity. (2) The existing network of public and private solid waste processing and composting facilities provides a net environmental benefit to the communities served, and represents a valuable asset and resource of this state, one that must be sustained and expanded to provide the additional solid waste processing capacity that will be required to achieve the additional solid waste diversion targets expressed in Section 41780.01 and the commercial solid waste recycling requirement expressed in Section 42649. (3) The provisions in existing law that confer broad discretion on local agencies to determine aspects of solid waste handling that are of local concern have significantly contributed to the statewide diversion rate exceeding 50 percent, and further progress toward decreasing solid waste disposal requires that this essential element of local control be preserved. (b) It is the intent of the Legislature to encourage the development of the additional solid waste processing and composting capacity that is needed to meet state objectives for decreasing solid waste disposal by identifying incentives for local governments to locate and approve new or expanded facilities that meet and exceed their capacity needs, and to recognize local agencies that make significant contributions to the state's overall solid waste reduction and recycling objectives through the siting of facilities for the processing and composting of materials diverted from the solid waste stream. (c) By setting new commercial solid waste recycling requirements in ---_— -- --- _-__- -Section-42649 the Legislature does -not intendtolimita right afforded -to- - --- local governments pursuant to Section 40059, or to modify or abrogate in any manner the rights of a local government or solid waste enterprise with regard to a solid waste handling franchise or contract. SEC. 3. Section 41730 ofthe Public Resources Code is amended to read: 41730. Except as provided in Section 41750.1, each city shall prepare, adopt, and, except for a city and county, transmit to the county in which the city is located a nondisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a city source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any updates to the element shall not be subject to the approval of the county and the majority of cities with the majority of the population in the incorporated area. SEC. 4, Section 41731 of the Public Resources Code is amended to read: 41731. Except as provided in Section 41750. 1, each county shall prepare, adopt, and, except for a city and county, transmit to the cities located in the county a nondisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a county source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any updates to the clement shall not be subject to the approval of the majority of cities with the majority of the population in the incorporated arca. SEC. 5. Section 41734 of the Public Resources Code is amended to read: 92 74 EXHIBIT D -5- 41734. (a) (1) Prior to adopting a nondisposal facility element, the city, county, or regional agency shall submit the element to the task force created pursuant to Section 40950 for review and comment. (2) Prior to adopting a regional agency nondisposal facility element, if the jurisdiction of the regional agency extends beyond the boundaries of a single county, the regional agency shall submit the element for review and comment to each task force created pursuant to Section 40950 ofeach county within the jurisdiction of the regional agency. (b) Comments by the task force shall include an assessment of the regional impacts of potential diversion facilities and shall be submitted to the city, county, or regional agency and to the department within 90 days of the date of receipt of the nondisposal facility element for review and comment. SEC. 6. Section 41734.5 is added to the Public Resources Code, to read: 41734.5. (a) Once a nondisposal facility element has been adopted, the city, county, or regional agency shall update all infortuation required to be included in the nondisposal facility element, including, but not limited to, new information regarding existing and new, or proposed, nondisposal facilities. (b) Updates shall be provided to the department within 30 days of any change in information. (c) Copies of the updated information shall also be provided to the local task force and shall be appended or otherwise added to the nondisposal facility element. ---------- -- -"--(d) The local task force shalPnorbe required'to review and comment on — - the updates to the nondisposal facility elements. (e) Updates to the nondisposal facility elements are not subject to approval by the department. SEC. 7. Section 41735 of the Public Resources Code is amended to read: 41735. (a) Notwithstanding Division 13 (commencing with Section 21000), the adoption or update of a nondisposal facility element shall not be subject to environmental review. (b) Local agencies may impose a fee on project proponents to fund their necessary and actual costs ofpreparing and approvingupdates to nondisposal facility elements. SECS. Section 417360fthe Public Resources Code isamended toread: 41736. it is not the intent of the Legislature to require cities and counties to revise their source reduction and recycling elements to comply with the requirements of this chapter. SEC. 9. Section 41780.01 is added to the Public Resources Code, to read: 41780.01. (a) The Legislature hereby declares that it is the policy goal of the state that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter. (b) Notwithstanding subdivision (a), the department shall not establish or enforce a diversion rate on a city or county that is greater than the 50 percent diversion rate established pursuant to Section 41780. 42 75 Ch. 476 —6— SEC. 10. Section 41780.02 is added to the Public Resources Code, to read: 41780.02. (a) On or before January 1, 2014, thedepartment shall submit a report to the Legislature that provides strategies to achieve the state's policy goal that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter, pursuant to Section 41780.01. (b) The report shall also include all of the following: (1) A review and update of the information required pursuant to subparagraph (A) of paragraph (4) of subdivision (e) of Section 40507, with emphasis on new and emerging trends in resource management. (2) Identification of problematic waste streams and sources and recommendations on handling those waste streams. (3) Evaluation of current programs and their effectiveness, and recommendations for changes to those programs. (4) Recommendations for reprioritizing existing resources to best achieve the purpose of Section 41780.01, (5) Recommendations for legislative changes, if any, that are necessary to achieve the goals of Section 41780.01. (6) Report on regulatory changes, if any, that are necessary, to achieve the goals of Section 41780.01. (7) Any other information or recommendations the department deems pertinent. ---i — (ey-The department may pnrvide-tht�-npott-r&pired-pursuant-to-this section in conjunction with the report required pursuant to Section 40507 if the combined report is submitted on or before January 1, 2014. (d) The department may hold public workshops to gather input Brom stakeholders. (e) (1) Pursuant toSectionl0231.5 of the Government Code, this section is repealed on January 1, 2017. (2) The report shall be submitted in compliance with Section 9795 ofthe Government Code. SEC. It. Section 41800 of the Public Resources Code is amended to read: 41800. (a) Except as provided in subdivision (b), within 120 days from the date of receipt ofa countywide orregional integrated waste management plan that the department has determined to be complete, or any element of the plan that the department has determined to be complete, the department shall determine whether the pian or element is in compliance with Article 2 (commencing with Section 40050) of Chapter 1 of Part 1, Chapter 2 (commencing with Section41000), and Chapter 5 (commencing with Section 41750), and, based upon that determination, the department shall approve, conditionally approve, or disapprove the plan or element. (b) (1) Within 120 days from the date of receipt of a city, county, or regional agency nondisposal facility element that the department has determined to be complete, the department shall determine whether the element that the department has determined to be complete is in compliance 92 M EXHIBIT D _7_ with Chapter 4.5 (commencing with Section 41730) and Article l (commencing with Section 41780) of Chapter 6, and, based upon that determination, the department shall approve, conditionally approve, or disapprove the element within that time period. (2) In reviewing the element, the department shall: (A) Not consider the estimated capacity of the facility or facilities in the element unless the department determines that this information is needed to determine whether the element meets the requirements of Article 1 (commencing with Section 41780) of Chapter 6. (B) Recognize that individual facilities represent portions of local plans or programs that are designed to achieve the diversion requirements of Section 41780 and therefore may not arbitrarily require new or expanded diversion at proposed facilities. (C) Not disapprove an element that includes a transfer station or other facility solely because the facility does not contribute toward the jurisdiction's efforts to comply with Section 41780. (c) If the department does not act to approve, conditionally approve, or disapprove an element that the department has determined to be complete within 120 days, the department shall be deemed to have approved the element. SEC. 12. Chapter 12.8 (commencing with Section 42649) is added to Pact 3 of Division 30 of the Public Resources Code, to read: PIER 12.9. RECYCLING OP COMMERCIAL SOLID WAsrR 42649. (a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate. (b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs. (c) It is the intent of the Legislature to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California, 42649.1. For purposes of this chapter, the following terms mean the following: (a) "Business" means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) "Commercial sofid waste" has the same meaning as defined in Section 17225.12 of Title 14 of the California Code of Regulations. (c) "Commercial waste generator' means a business subject to subdivision (a) of Section 42649.2. (d) `Self -hauler' means a business that hauls its own waste rather than contracting for that service. 92 77 EXHIBIT D EXHIBIT D Ch. 476 —8- 42649.2. 8- 42649.2. (a) On and after July 1, 2012, a business that generates more than four cubic yards ofcommercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance oragreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider. (b) A commercial waste generator shall take at least one of the following actions: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self -hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation. (c) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section. 42649.3. (a) On andafterJuly 1, 2012, each jurisdictionshau implement a commercial solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses subject to Section 426492, whether or not the jurisdiction has met the requirements of Section 41780. (b) If a jurisdiction already has a commercial solid waste recycling program as Ane 6f its di4eisioiielemEll fsth'af -m—eeststtie r6Virements ofthia — section, it shall not be required to implement a new or expanded commercial solid waste recycling program. (c) The commercial solid waste recycling program shall be directed at a commercial waste generator, as defined in subdivision (b) of Section 42649. 1, and may include, but is not limited to, any of the following: (1) Implementing a mandatory commercial solid waste recycling policy or ordinance. (2) Requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement. (3) Requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal. (d) The commercial solid waste recycling program shall include education, outreach to, and monitoring of, businesses. A jurisdiction shall notify a business if the business is not in compliance with Section 42649.2. (e) The commercial solid waste recycling program may include enforcement provisions that arc consistent with a jurisdiction's authority, including a structure for fines and penalties. (f) The commercial solid waste recycling program may include certification requirements for self -haulers. (g) The department shall review a jurisdiction's compliance with this section as part of the department's review required by Section 41825. Each jurisdiction shall report the progress achieved in implementing its commercial recycling program, including education, outreach, identification, 92 78 EXHIBIT D -9- and monitoring, and if applicable, enforcement efforts, by providing updates in the annual report required by Section 41821. (h) The department may also review whether a jurisdiction is in compliance with this section at any time that the department receives information that a jurisdiction has not implemented, or is not making a good faith effort to implement, a commercial recycling program. (i) During its review pursuant to subdivision (g) or (h), the department shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program. For purposes of this section, "good faith effort" means all reasonable and feasible efforts by a jurisdiction to implement its commercial recycling program. During its review, the department may include, but is not limited to, the following factors in its evaluation of ajurisdiction's good faith effort: (1) The extent to which businesses have complied with Section 42649.2, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are subscribing to service. (2) The recovery rate of the commercial waste from the material recovery facilities that are utilized by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuant to Section 18809.4 of Title 14 of the California Code of Regulations. (3)_The extent..to.which the jurisdiction is- condupting_education ..and. _ outreach to businesses. (4) The extent to which the jurisdiction is monitoring businesses, and notifying those businesses that are out of compliance. (5) The availability of markets for collected recyclables. (6) Budgetary constraints. (7) In the case of a rural jurisdiction, the effects of small geographic size, low population density, or distance to markets. 42649.4. (a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 42649.3, the jurisdiction shall not be required to revise its source reduction and recycling element, or obtain the department's approval pursuant to Article 1 (commencing with Section 41800) of Chapter 7 of Part 1. (b) If an addition or expansion of ajurisdiction's commercial solid waste recycling program is necessary, the jurisdiction shall update in its annual report required pursuant to Section 41821. 42649.5. (a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is more stringent or comprehensive than the requirements of this section or limit the authority of a local agency in a county with a population of less than 200,000 to require commercial solid waste recycling. (b) This chapter does not modify, limit, or abrogate in any manner any of the following: (1) A franchise granted or extended by a city, county, or other local government agency. 92 79 Ch. 476 —10— (2) 10— (2) A contract, license, or permit to collect solid waste previously granted or extended by a city, county, or other local government agency. (3) The existing right of a business to sell or donate its recyclable materials. 42649-6. A local agency may charge and collect a fee from a commercial waste generator in order to recover the local agency's costs incurred in complying with this chapter. 42649.7. If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011-12 Regular Session of the Legislature adding this section, those regulations shall be deemed to have been adopted by the department, and they shall be added to the department's regulations and deleted from the board's regulations as if it were a change without regulatory effect. SEC. 13. Section 42926 of the Public Resources Code is amended to read: 42926. (a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1, 2012, and on or before May 1 in each subsequent year. The information in this reportshall encompass the previous calendar year. Jib) Each state agency's annual, report to the department shall, at a ____ minimum, include all of the following: (1) Calculations of annual disposal reduction. (2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. (3) A summary of progress made in implementing the integrated waste management plan. (4) The extent to which the slate agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. (5) Other information relevant to compliance with Section 42921. (c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency's integrated waste management plan needs to be revised. SEC. 14. Section 44004 of the Public Resources Code is amended to read: 44004. (a) An operator of a solid waste facility shall not make a significant change in the design or operation of the solid waste facility that is not authorized by the existing permit, unless the change is approved by the enforcement agency, the change conforms with this division and all regulations adopted pursuant to this division, and the terms and conditions of the solid waste facilities permit are revised to reflect the change. 92 80 EXHIBIT D —11— (b) If the operator wishes to change the design or operation of the solid waste facility in a manner that is not authorized by the existing permit, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall be filed at least 180 days in advance of the date when the proposed modification is to take place unless the 180 -day time period is waived by the enforcement agency. (c) The enforcement agency shall review the application to determine all of the following: (1) Whether the change conforms with this division and all regulations adopted pursuant to this division. (2) Whether the change requires review pursuant to Division 13 (commencing with Section 21000). (d) Within 60 days from the date of the receipt of the application for a revised permit, the enforcement agency shall inform the operator, and if the enforcement agency is a local enforcement agency, also inform the department, of its determination to do any of the following: (1) Allow the change without a revision to the permit. (2) Allow the following changes without a revision to the permit through a modification to the permit allowed pursuant to regulations developed by the department: (A) The proposed change is to allow a nondisposal facility to increase the amount of solid waste that it mv handle and that increased amount is within the existing design capacity as—de—se—n m e fic-ility s transfer processing report and review pursuant to Division 13 (commencing with Section 21000). (B) The proposed change is to allow a disposal facility to add a nondisposai activity to the facility that will increase the amount of solid waste that may be handled as described in the facility's report of facility information and review pursuant to Division 13 (commencing with Section 21000). (3) Disallow the change because it does not conform with the requirements of this division or the regulations adopted pursuant to this division. (4) Require a revision of the solid waste facilities permit to allow the change. (5) Require review under Division 13 (commencing with Section 21000) before a decision is made. (e) The operator has 30 days within which to appeal the decision of the enforcement agency to the hearing panel, as authorized pursuant to Article 2 (commencing with Section 44305) of Chapter 4. The enforcement agency shall provide notice of a hearing held pursuant to this subdivision in the same manner as notice is provided pursuant to subdivision (h). (f) Under circumstances that present an immediate danger to the public health and safety or to the environment, as determined by the enforcement agency, the 180 -day filing period may be waived. 92 81 EXHIBIT D Ch. 476 —12— (g) I2— (g) (1) A permit revision is not required for the temporary suspension of activities at a solid waste facility if the suspension meets either of the following criteria: (A) The suspension is for the maintenance or minor modifications to a solid waste unit or to solid waste management equipment. (B) The suspension is for temporarily ceasing the receipt of solid waste at a solid waste management facility and the owner or operator is in compliance with all other applicable terms and conditions of the solid waste facilities permit and minimum standards adopted by the department. (2) An owner or operator of a solid waste facility who temporarily suspends operations shall remain subject to the closure and postclosure maintenance requirements of this division and to all other requirements imposed by federal law pertaining to the operation of a solid waste facility. (3) The enforcement agency may impose any reasonable conditions relating to the maintenance of the solid waste facility, environmental monitoring, and periodic reporting during the period of temporary suspension. The department may also impose any reasonable conditions determined to be necessary to ensure compliance with applicable state standards. (h) (1) (A) Before making its detemrinationpursuant tosubdivision (d), the enforcement agency shall submit the proposed determination to the department for comment and hold at least one public hearing on theproposed determination. The enforcement agency shall give notice of the hearing -- pursuant to S&tion 65091 of the Govemment Code, except that the notice shall be provided to all owners of real property within a distance other than 300 feet of the real property that is the subject of the hearing, if specified in the regulations adopted by the department pursuant to subdivision (i). The enforcement agency shall also provide notice of the hearing to the department when it submits the proposed determination to the department. (B) The enforcement agency shall mail or deliver the notice required pursuant to subparagraph (A) at least 10 days prior to the date of the hearing to any person who has filed a written request for the notice with a person designated by the enforcement agency to receive these requests. The enforcement agency may charge a fee to the requester in an amount that is reasonably related to the costs ofproviding this service and the enforcement agency may require each request to be annually renewed. (C) The enforcement agency shall consider environmental justice issues when preparing and distributing the notice to ensure that the notice is concise and understandable for limited-Englisb-speaking populations. (2) If the department comments pursuant to paragraph (1), the deparnnent shall specify whether the proposed determination is consistent with the regulation adopted pursuant to subdivision (i). (i) (I) The department shall, to the extent resources are available, adopt regulations that implement subdivision (h) and define the term "significant change in the design or operation of the solid waste facility that is not authorized by the existing permit." 92 82 EXHIBIT D —13— (2) White formulating and adopting the regulations required pursuant to paragraph (1), the department shall consider recommendations of the Working Group on Environmental Justice and the advisory group made Pursuant to Sections 71113 and 71114 and the report required pursuant to Section 71115. SEC. 15. Section 50001 of the Public Resources Code is amended to read: 50001_ (a) Except as provided by subdivision (b), after a countywide or regional agency integrated waste management plan has been approved by the Department of Resources Recycling and Recovery pursuant to Division 30 (commencing with Section 40000), a person shall not establish or expand a solid waste facility, as defined in Section 40194, in the county unless the solid waste facility meets one of the following criteria; (1) The solid waste facility is a disposal facility or a transformation facility, the location of which is identified in the countywide siting element or amendment to that element, which has been approved pursuant to Section 41721. (2) The solid waste facility is a facility that is designed to recover for reuse or recycling at least 5 percent of the total volume of material received by the facility, and that is identified in the nondisposal facility element that bas been approved pursuant to Section 41800 or is included in anupdate to — that element t. _(b)_Solidwaste paragraphs (1)and (2) of subdivision (a) shall not be required to comply with the requirements of this section. (c) The person or agency proposing to establish a solid waste facility shall prepare and submits site identification and descriptionof the proposed facility to the task force established pursuant to Section 40950. Within 90 days after the site identification and description is submitted to the task force, the task force shall meet and comment on the proposed solid waste facility in writing. These comments shall include, but are not limited to, the relationship between the proposed solid waste facility and the implementation schedule requirements of Section 41780 and the regional impact of the facility. The task force shall transmit these comments to the person or public agency proposing establishment of the solid waste facility, to the county, and to all cities within the county_ The comments shall become part of the official record of the proposed solid waste facility. (d) The review and comment by the local task force shall not be required for an update to a nondisposal facility element. SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article X1I1B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. 0 83 92 EXHIBIT D Proposed Regulation: Mandatory Commercial Recycling CalRecycle Mandatory Commercial Recycling Proposed Regulations .... .......................................................................... Description Page I of 3 EXHIBIT D New regulation covering CalRecycle's responsibilities for implementing mandatory commercial recycling (Recycling of Commercial Solid Waste) law. This rulemaking concerns recycling requirements for businesses that generate 4 cubic yards or more of commercial solid waste per week and multifamily residential dwellings with 5 or more units, requirements for local jurisdictions for education, outreach, monitoring and reporting, and CalRecycle review. Affected Regulatory Code Sections California Code of Regulations, Title 14, Division 7, Chapter 9.4, Article 2, commencing with Section 18835. Status -----------------Formal-rulemaking for the proposed regulation beginsOctober28,-2011 with the beginning of the 45 -day comment_ period which ends on December 12, 2011. A public hearing is scheduled for December 13, 2011, to receive comments following the initial 45 -day public comment period. Contact You may the contact CalRecycle's Mandatory Commercial Recycling team at ciimatechange(cbcalrecvcle, ca.00v. If you would like to receive an e-mail notification of developments in this rulemaking, please add your contact information to CalRecycle's Mandatory Commercial Recycling Ustserv. Planned Opportunities for Stakeholder Input October 28, 2011: CalRecycle starts 45 -day comment period for the proposed regulation, extending through December 12, 2011. December 13, 2011 Public Hearing: CalRecycle will hold a public hearing to receive comments for the proposed regulation following the 45 -day comment period. January 2012: 15 -day Public Comment Period, if needed, in response to written comments submitted to CalRecycle during the formal 45 -day comment period. February 2012 Public Meeting: The final proposed regulations will be presented at the CalRecycle public meeting. Rulemaking Documents Notice of Proposed Rulemaking (PDF, 324 KB), October 28, 2011. Public notice of the Initial 45 -day comment period. Initial Statement of Reasons (PDF, 221 KB), October 28, 2011. A statement of the specific purpose and rationale for the program regulation. Proposed Regulations (PDF, 246 KB), October 28, 2011. Proposed regulatory text for 45 -day comment period. Rulemaking History Prior to AB 341 Prior to the passage AB 341, CalRecycle and the ARB worked together to establish a rulemaking process for the Mandatory Commercial Recycling Measure required in the AB 32 Scoping Plan. Under a Memorandum of Understanding between the two, CalRecycle was responsible for developing, implementing, and enforcing the regulations, while ARB was responsible for adopting the regulations and providing additional enforcement if needed. 84 http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 Proposed Regulation: Mandatory Commercial Recycling Page 2 of 3 M09 To build the basis for the rulemaking, CalRecycle and the ARB hosted eight (8) informal workshops to solicit stakeholder feedback regarding the measure and associated draft regulations. These workshops offered an informal opportunity to talk about design and implementation issues of this measure. While there are some distinctions between the draft regulations in this prior rulemaking effort and the commercial recycling program outlined in AB 341, the fundamental framework and principals are parallel. Therefore, CalRecycle staff has adjusted the proposed regulation for a new rulemaking, as described above to reflect the specifics of AB 341, while also carrying forward the language and details incorporated through the nearly 3 -year informal stakeholder engagement process. The following provides additional details regarding each of these workshops. Workshop Dates July 19, 2011, Sacramento, California CalRecycle staff conducted a workshop seeking stakeholder input on additional staff economic analysis and changes to the proposed AB 32 Mandatory Commercial Recycling regulation since the January 19, 2011 meeting. The workshop materials and description are posted on the related CalRecycle public notice page. January 19, 2011, Sacramento, California At the January 19, 2011 workshop, CalRecyde and ARB staff reviewed the revised draft regulatory language (PDF, 116 KB), various related economic and environmental impact analyses, and the final draft report for the cost study on commercial recycling. Staff engaged with participants, addressing questions and collecting informal stakeholder comments related to these subjects through January 26, 2011. September 21, 2010, Sacramento, California Incoordination with the Air Resources Board, CalRecycle focused the September 21, 2010 informal stakeholder workshop on various related analysis efforts, including the: Cost model for economic evaluation of the proposed regulation with supplemental economic analysts Local government cost survey Recycling and composting GHG emission reduction factors Environmental impacts analysis The workshop materials c re posted on the related CalRecycle public notice Page. CalRecycle staff requested comments by October 8, 2010. June 16, 2010, Sacramento, California As part of the Materials Management and Local Assistance (MMLA) monthly Public meeting agenda, CalRecycle staff engaged in an informal stakeholder workshop on the proposed AB 32 Mandatory Commr Recycling regulation. Event information included: agenda, proposed regulations, summary of proposed regulation, background information, and presentations. CalRecycle staff requested comments by June 30, 2010. Workshop topics included: Introductions and general project background infonnation. Overview of the regulation. Focused discussion on related issues. Presentation of associated tools. Next steps and timeline for formal rulemaking, Presentations included: Same Mandatory Commercial Recycling Ordinance Project by Yvonne Hunter, Institute for Local Government. (Adobe PDF, 171 KB) 65 http://www.calrecycle.ca,gov/Cl i mate/Recycling/Workshops/default.htm 11/17/2011 Proposed Regulation: Mandatory Commercial Recycling Page 3 of 3 EXHIBIT D Calculator to Estimate Climate Financial and Diversion Benefits of Zero Waste by Amity Lumper, Cascadia Consulting Group, Inc. (Adobe PDF, 940 KB) December 15, 2909, Sacramento, California At the December 15 CIWMB Board Meeting, CIWMB Staff presented a discussion of and request for direction on Draft Proposed Regulatory Language (Word, 106 KB) and Rulemaking Plan (Word, 74 KB). September 15, 2009, Sacramento, California At the September 15th CIWMB Board Meefing. CIWMB Staff presented a compilation of stakeholder Input (Word, 38 KB) obtained from workshops conducted in July and August. Also presented was Staffs Draft Conceots (Word, 235 KB) for Mandatory Commercial Recycling Regulation. July 20 and August 6, 2009, Northern and Southern California end(Adobe PDF, 358 KB) I White Pager (Adobe PDF, 948 KB) All interested stakeholders were invited to Informal stakeholder workshops on Mandatory Commercial Recycling. Staff provided background information regarding this measure, including related legislation, support projects, and the overall timeline at two initial workshops hosted in the summer of 2009. Discussion Included input on a range of issues such as thresholds, exemptions, implementation, enforcement, and costs. These are also described in the related "white paper" provided above. In__foliow-up to these workshops staff prepared and presented!a summary of the informal stakeholder comment received relative to staffs draft conceptual regulatory provisions at the September 9, 2009, Strategic Policy Development Committee meeting. At this meeting, staff was directed to use these conceptual regulatory provisions as the basis for draft regulatory language to be presented and discussed at the Strategic Policy Development Committee meeting in December 2009. Presentations July 20, 2009 Cal EPA Headquarters Building (available via broadcast) Sacramento, California Sacramento County's Commercial Recvclino Program by Pat Quinn (Adobe PDF, 246 KB). For more information, go to the Sacramento County Business Recycling web page. Mandatory Commercial Recyclina Home ................................................................................... Last updated: Oclober28, 2011 Climate Change: httg-ftca1remr1e a aov1C1 ate Change/ Contact: climatechangee®oalrecvcle.ea.gov August 6, 2009 South Coast Air Quality Management District Diamond Bar, California The City of Chula Vista's Commercial Recvclino Ordinance by Lynn France (Adobe PDF, 1 MB). For more information, refer to the City of Chula Vista's Business Recycling Guidelines. Conditions of Use I Privacy Policy ©1995.2011 California Department of Resources Recycling and Recovery (CalRecycle), All rights reserved. 86 http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 EXHIBIT E Chapter 2.206 DEFAULTED PROPERTY TAX REDUCTION PROGRAM 2.206.010 Findings and declarations. 2.206.020 Definitions. 2.206.030 Applicability. 2.206.040 Required solicitation and contract language. 2.206.050 Administration and compliance certification. 2.206.060 Exclusions/Exemptions. 2.206.070 Enforcement and remedies. 2.206.080 Severability. 2.206.010 Findings and declarations. The Board of Supervisors finds that significant revenues are lost each year as a result of taxpayers who fail to pay their tax obligations on time. The delinquencies impose an economic burden upon the County and its taxpayers. Therefore, the Board of Supervisors establishes the goal of ensuring that individuals and businesses that benefit -financially from -contracts with the County fulfill their property tax obligation. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor' shall mean any person, firm, corporation, partnership, or combination thereof, which submits a bid or proposal or enters into a contract or agreement with the County. B. "County" shall mean the county of Los Angeles or any public entities for which the Board of Supervisors is the governing body. C. "County Property Taxes" shall mean any property tax obligation on the County's secured or unsecured roll; except for tax obligations on the secured roll with respect to property held by a Contractor in a trust or fiduciary capacity or otherwise not beneficially owned by the Contractor. D. "Department" shall mean the County department, entity, or organization responsible for the solicitation and/or administration of the contract. E. "Default" shall mean any property tax obligation on the secured roll that has been deemed defaulted by operation of law pursuant to California Revenue and Taxation Code section 3436; or any property tax obligation on the unsecured roll that remains unpaid on the applicable delinquency date pursuant to California Revenue and Taxation Code section 2922; except for any property tax obligation dispute pending before the Assessment Appeals Board. 87 EXHIBIT E F. "Solicitation" shall mean the County's process to obtain bids or proposals for goods and services. G. "Treasurer -Tax Collector" shall mean the Treasurer and Tax Collector of the County of Los Angeles. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.030 Applicability. This chapter shall apply to all solicitations issued 60 days after the effective date of the ordinance codified in this chapter. This chapter shall also apply to all new, renewed, extended, and/or amended contracts entered into 60 days after the effective date of the ordinance codified in this chapter. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.040 Required solicitation and contract language. All solicitations and all new, renewed,_ extended, and/or amended contracts shall contain__ language which: A. Requires any Contractor to keep County Property Taxes out of Default status at all times during the term of an awarded contract; B. Provides that the failure of the Contractor to comply with the provisions in this chapter may prevent the Contractor from being awarded a new contract and C. Provides that the failure of the Contractor to comply with the provisions in this chapter may constitute a material breach of an existing contract, and failure to cure the breach within 10 days of notice by the County by paying the outstanding County Property Tax or making payments in a manner agreed to and approved by the Treasurer -Tax Collector, may subject the contract to suspension and/or termination. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.050 Administration and compliance certification. A. The Treasurer -Tax Collector shall be responsible for the administration of this chapter. The Treasurer -Tax Collector shall, with the assistance of the Chief Executive Officer, Director of Internal Services, and County Counsel, issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other departments. B. Contractor shall be required to certify, proposal to the County, or entering extension or amendment of an existing at the time of submitting any bid or into any new contract, or renewal, contract with the County, that it is in EXHIBIT E compliance with this chapter is not in Default on any County Property Taxes or is current in payments due under any approved payment arrangement (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Exclusions/Exemptions. A. This chapter shall not apply to the following contracts: Chief Executive Office delegated authority agreements under $50,000; 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; 3. A purchase made through a state or federal contract; 4. A contract where state or federal monies are used to fund service related programs, including but not limited to voucher programs, foster care, or other social programs that provide immediate direct assistance; - - - - _.... .......... 5. Purchase orders under a master agreement, where the Contractor was certified at the time the master agreement was entered into and at any subsequent renewal, extension and/or amendment to the master agreement B. Purchase orders issued by Internal Services Department under $100,000 that is not the result of a competitive bidding process. Program agreements that utilize Board of Supervisors' discretionary funds; 8. National contracts established for the purchase of equipment and supplies for and by the National Association of Counties, U.S. Communities Government Purchasing Alliance, or any similar related group purchasing organization; 9. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, reseller, and must match and inter -member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles Purchasing Policy and Procedures Manual, section P-3700 or a successor provision; 10. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, section 4.6.0 or a successor provision; 11. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section P-2810 or a successor 89 EXHIBIT E provision; 12. A non -agreement purchase worth a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section A-0300 or a successor provision; or 13. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual section P-0900 or a successor provision; 14. Other contracts for mission critical goods and/or services where the Board of Supervisors determines that an exemption is justified. B. Other laws. This chapter shall not be interpreted or applied to any Contractor in a manner inconsistent with the laws of the United States or California. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.070 Enforcement and remedies. A. The information furnished by each Contractor certifying that it is in compliance with this chapter shall be under penalty of perjury. B. No Contractor shall willfully and knowingly make a false statement certifying compliance with this chapter for the purpose of obtaining or retaining a County contract. C. For Contractors violation of any provision of this chapter, the County department head responsible for administering the contract may do one or more of the following: Recommend to the Board of Supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor; and/or, 3. Recommend to the Board of Supervisors that an exemption is justified pursuant to Section 2.206.060.A.14 of this chapter or payment deferral as provided pursuant to the California Revenue and Taxation Code. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.080 Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. No. 2009-0026 § 1 (part), 2009.) P:\aspublCONTR CTEdwinlSOUTHWHITTIER SHUTTLE12010IRFPW�hroitE Defaun Tm.d= goDepartment of the Treasury Internal Revenue Service Notice 1015 (Rev. December 2011) Have You Told Your Employees About the Earned Income Credit (EIC)? What Is the EIC? The EIC Is a refundable tax credit for certain workers. Which Employees Must 1 Notify About the EIC? You must notify each employee who worked for you at any time during the year and from whom you did not withhold Income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W-4, Employee's Withholding Allowance Certificate. Note. You are encouraged to notify each employee whose wages for 2011 are less than $49,076 that he or she may be eligible for the EIC. How and When Must I Notify My Employees? EXHIBIT F You must hand the notice directly to the employee or send it by first-class mail to the employee's last known address. You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mail. However, you may wont to post the notice to help inform all employees of the EIC. You can get copies of the notice from IRS.gov or by calling 1-800.829-3676. - How Will My Employees Know If They Can Claim the EIC? The basic requirements are covered in Notice 797, For more detailed information, the employee needs to see Pub. 596. Earned Income Credit (EIC), or the instructions for Form 1040, 1040A, or 1040EZ. you must give the employee one of die following: How Do My Employees Claim the Etc? e The IRS Form W-2, Wage and Tax Statement, which has the required information about the EIC on the back of Eligible employees claim the EIC on their 2011 tax return. spy 8. Even employees who have no tax withheld ran t eir pay or e A substitute Form W-2 with the same EIC information on owe no lax can claim the EIC and gel a refund, but they the back of the employee's ropy that is on Copy 8 of the must file a tax return to do so. For example, if an employee IRS Form w-2. has no tax withheld in 2011 and owes no tax but is eligible e Notice 797, Possible Federal Tax Refund Due to the for a credit of $829, he or she must file a 2011 tax return to Earned Income Credit (EIC). get the $829 refund. a Your written statement with the same wording as Can My Employees Get Advance EIC Payments? Notice 797. If you are required to give Form W-2 and do so on time, After encs your employees can no longer get advance payments of the credit it their pay dump the year they no further notice is necessary if the Form W-2 has the required information about the EIC on the back of the a could e and earlier years, because the law changed. employee's copy. If a substitute Form W-2 is given on time However, if they are eligible, they will still 6e able to claim , if t but does not have the required information, you must notify the credit on their lex return. the employee within 1 week of the date the substitute Form Form W-5, Earned Income Credit Advance Payment W-2 is given. If Form W-2 is required but is not given on Certificate, is no longer in use. time, you must give the employee Notice 797 or your written statement by the date Form W-2 is required to be given. If Notice 1015 (Rw. 12-2011) Forth W-2 Is not requited, you must notify the employee by Cut. No. 205991 February 7, 2012. 91 Surrendered ' by Law W n+. 7. f, 1 I (e 5 L !6v allv ItI ... ,drill;,+ can 1;CSltf6 t}' 31{rt5`$1L�11'fG� to sfidi'at any hospital or fire st,a an in Las Angelo Counjt; How does it work? A disn'eased parent wbn is unable or umcilline to care for a baby can kplll: etv11irIn"c .wart safely surrender a bs6y within rhno days (72 barns) of hint. T6c Iwbv.wa 616, 0d ro en omployee at a hwpical or No satin. in Los Angeles County. As long as the 6a6y sho-Mi ..p of.du . ur nrglra. m+ name oc wh" idumaswon is ,}quina In ru d. 1u,cm changes hit or her mind at a lata dare and wan , the baby back, stiff ill rue 6racef.0 to help annus than t.nth .hm. One bn«In will be plaacd on the baby..u'd o muahh.g hnc'6 will Iw giros os sb: pawn. or ,'ls" soneruksing .duh. What if a parent wants the baby back? Parnas who dungy t6rir mints un twgin .he pear. sof rcdaiming �h,ir bchy within 14 day.. The Innntr shuJd mn the 1,s Aagch. County Urpsrwcnt of 0iildrcn and Family Senses at 1 -WO -540-4000. Can only a parent bring in the baby? N" N\ bile in mwi cases a parem wiu bring in dm baby, the I.- .limes other Iwnpla to hring in deo Idly it the)' lave lawiid c.tudy. Does the parent or surrendering adult have to call boloro bringing in the baby? hn. A lnnvn as nnreoJrdug adok rvu hong in C l.h'Y anywn,. 24 hmn, u dry. 7 days a meek, is brig as the puma or surrendering adult awrendco dee baby m somcora 11b. wmka In she hospital o[ Brc s'ut6m. EXHIBIT G Does the parent or surrendering adult have to tell anything to the people taking the baby? No. I Inv:vc, hoyriul,r liar xiad.n laraonacl will ask caw suer;nJ.ring Ivry w fib out a qucsvonnainr designed to gather impurunt mnlid hinury i.f smnion, which 6.ery uadol in .ring F., th1 baht'. TI, nu wtk+nnairc Luludn v aumpd rlmm nseeHl.'-d can he sem in acs Isser dare. What happens to the baby? The baby will Ic ammhwd unJ gin;,. nudisl asonam, lJry- rckan farm the hwpital. racial nmicen immediately p4cc rhe baby in a safe and Irving Lome :ml bcpn rbr wopuon pmays. What happens to the parent or surrendering adult? fh+ce she ps ,in.w .111.hviog A.1, sunenlers she baby m hospiul or fire sudors persomwl, dory may L m m any nn�s. Why is California doing this? Thep q rofshe S.My Snrr &J %by loo 6 m pro,. -e, buhla Iw.n heing a]..aJnned. I -m lir kill.( by their pinna. You may hxs* heard nagic notice of babies left in dumpnere oe public barhaoomc Thin, paeans may I..,.. tion ..nicex <mmiorul Jim. , Tlw mothers rimy hmc bidden d-ir prcgnaowiee. fearful of what volt haplvl if chair lamilics fnmiJ oue &muse Cher were .6.id and had on line ur 111vhcrc w wen lot help, day :A.anJunrd,heir 6.bire Abam6ning a herby a illr}pl and plain she h,hy in esenmedmogw. T,,lain, i,r ulu in 1111 hahyk Lich. '1111 Sa(.dy. 4na.,..ktui 8a6y Law Px .'.. rhiv tigdy iinn cscr baplwning spin in Chuff;;;. A baby's story eN NbY.Lh1 FAky in she .,mingun April `9.2005, x healthy baby Mn w.0 mf iv sartmt6ml in mux' m Flarhur-CCIh M. dkal Cornea The annus who bnmgln rbc Inkym the hn.piml identified hersdfus dm baby 4 amsand acarod the baby., mother had eked her m Bingthe h.hy m the hospital nn her behalf. I'he eunewae Bolen abncdc, uith a number matching the anklet placnl on the baby. ,his would provide some identifation in the Brenmolars changd lice mind atom snr..o6inp rhe baby and v,U,,i i, .whim the baby in rbc IA -Jay penal somaLay. The annu was also, pm.idd wish a -,dist quntionoire and .61 .be vwold 6 1. the monc�r:x mpklr asul moa ark in the n.mlwd ,num ons=lnl,o prom". The baby was mmir .d by ... J&.l mH aid prm+swrwd Iwulthy and full -w,.. I le war plaed wish a loving L-ily ch.r had I.,, sly .,d m adopt him W rh, Dlpsrunnu of ChilJrcn and Funily Scrricu. 93 Ley the Entrega de Bebes Sin Pel2�To z' n4� { 141 fl l.nt rea'v,i2 nasi oS pueden Ser enh-egadvs e71fimna 3,-g ei al persondl ... de cualquier hospital o cuartel de bomberos del Condado de Los Angeles }.fin pima. Sin`ult��,au4b�5 &CAmo funciona? FJ paJdmals wu dtianlydo qur rw puwa. m quku cuidu Ja tm rmkn m[do puck rnttj5AW rn form[ Irgal. conldencial y %Sum clntm dr It, tma dla (72 Muw) ad na,imunw. EI bcbi [Irby ur entregado a an ampkado de coil.wr hapital o Puuttl de bombetw del Candido de To ArOo[ Sampw quc d b;hnn pv—wc aibmua rk. ab.. a wylyaxia, m ui noaai ria m'uinlaur ia,mhm ni n{wma;IJa alb+mz 4d pwln/wlrr cambia a- opinidn pmeriatmmrz y dues .teas,. ca brLS Iw,mbamam, .06.4+h,makaa para pain, viravladrau F1 bke Oo.ui on brmkte y el padMmdno <I aulw quc hr onrrcgw ,-hitl un btuahtr iiaA. L1lu6 pass si of padrelmadre desea recuperar a su bebi7 Lrn p+drca im candrmn Jl .pmt sn purJm mnaamar d pmccaa do Wimnw a a ndtn mcidn ti mra de Iw li dim Fasrc pada, dnkr.L, Ihmar al Uepanmxnm de S.nkios para Mao y Fatudiar 1(klwnmen1 4011timn atul Family sm.i"O dd C.rdaJu d< Loa Angdc. al I -son -5404000. 186Ia los padres podrAn Ilevar at reciAn naddo? Aa Sa bicn en la nuywh dr las owt inn hu Iadnro In. qm Ikwn ul Me -' la ley petmim qua Otto permnss 10 lagan d timrn auwd" (Seel gLos padres a el adulto quo entrego of bebd debon Ilamar antes de flavor of baW? No, t1 pdtdawd. o aduho pude goat J 6d>;. <n .uJymcr mumcmu, 6.24 horn del dk, los 7 dfu da la mruna, sinnpm. y condo.,.Siam a .r b<bt a un emplcadr ad Mq+ivl n cuarcol do Immbrnc Historic de un Bebe A la mafwnu. rcmpram+dd dL 9 J..bra de 2005• w rmcregd un rtd a nodi m66hk a ha malt mrcau dW I fadNw-M. lkdre„I C.ne v. la mujdr qu< Ik7.5.4.;cies mrtidn al haapirW a dira a \Maher mmo W da del khb.ydiln qua6 md+e le habrapdiMqua /kora al held al hnry,inl enw nomhrc, I.�emregamn aln do un htmlcta con tm nbmem qua wictcidla con 6 pokers ddbabF eao a<mida wmo idenuhetidi+en aw de qua k r cimbiara.k upiuwn coo anpat. a 6 ,.tragi del bcbe y dnatfirn mopctulu drnw rkl pcdwlu rl< 11 Jua ri,rc P Icy, Tan�bien k dirnn a h da un mnti..tadi+miJku, y eaa Jy`o qur h madre lu Ilnue6 y W m+iaria Jr a.dn J< Itamirwo lwgmin qublc lnblun diel., Ia lcrantul rlafdito ctaminM1 altxbcyv dca.Mnaindgm•.edw aPluaibluya WA.edn u.... 16.. Pamirs qua y, hallo ride upml" luau W.I,win Inw rl ncionimrnm.ie Sry .. I.. h.,.. y ..��•�� LEs necosario qua el padre/ madre o adulto diga alga a las personas qua reciben al bebi7 K.. Sm rmbubv, d r nunal del h,upiul u euand dr bombecw It pidid a la perroru cpc..trig,- al 6V A,- llra un c.,iionario wn la (uulidad de twabas antaadanaa mddicor impornnw. qur wulran ac gran udlida para cuidar hen .lel 6x63. 0. +mlwnadn inaura un wbra wn d 0. peal Imgark' Iaw cwkdn u. Wro nwmePr.. ZquA paserA con at bebb? 17 hcbd ad rvmuadn y Ia brimlatin atencidanatdux Cuudole4end-6,d Imcpiml, IM rrahajadr,rea scuta 1amrJivamrttu•'ai+icac1n al bebd.n un legs, argum J..& awn bit" u. lid.. y w ".muted J pmrnu do d.prida. 400 pasarA con of padrelmadre a adulto quo entregue of JIM? Una M qua Lw flan o adult. baym nnu:gda al held al perwiul del luraaird n want/ d< bombeca, pudeo im en cuaiqukr nwnnoac ZPor qui se estd hacienda esto an California? 7 La finalidad de la ley do Entrap de U>& sin pdig.n,. pnn.gcr a to 64a pus yuc m ,can J. donadot, hnimdoa o mwrwpnrsuapadrca Card pmbablemenrc hrva murhado hlimrim wgxar antic Mb,4 abandnnadus en loauwnr, O a, baf .I'LlJ+cna Ira pad,. ab cm,r INW, prohaNemrnw 6yin..6 patard. pnr VIctiludee emN6.0c, 6,ara. La, mad.. 1c d<a /abet wuhadu w embar m, por wmw a lO qua patatia ti as (imiliu ac,mann.. Abw&,mwna ma bebh pwgm « din mkdo y nn rrnhn + ik agnkn park ayrda l]aba+dono dt un acwn maid. cs &0 r pn.tc d bche en nna siura[iim rk pdi}pu csircm+. Muy u manudn rl ah.ndrmn prm'Oon la muera del d'!. Ia 1.7 de A..%. dr Ikhf. an Nair. impel. 1p. mdua a uWtd.r .w trap" an caliroa t . 95 EXHIBIT H BOND FOR FAITHFUL PERFORMANCE Annually Renewable Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: That ("Principal") and ("Surety"), are held and firmly bound unto the COUNTY OF LOS ANGELES, State of California ("Obligee"), in the penal sum of dollars for the payment of which sum, the Principal and Surety bind themselves, and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee entitled (Title) (the "Franchise Agreement") for the performance of the terms, conditions, covenants and obligations and services set forth in the Franchise Agreement, including but not limited to providing Franchise services in bins or dumpsters and roll -off boxes in the unincorporated areas of Los Angeles County and payment of the applicable franchise fee; and payment of any liquidated damages assessed pursuant to the Franchise Agreement; and WHEREAS, the Franchise Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein; NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every covenant and obligation in the Franchise Agreement at the time and in the _ --manner specified in the Franchise Agreement dining thie Perinof-this bond , -and shall reimburse the 061igee for all loss and damage which the Obligee may sustain by reason of failure or default on the part of the Principal, then this obligation shall be void, otherwise it shall remain in full force and effect. PROVIDED, however that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning and ending 2. In the event of default by the Principal in the performance of the Franchise Agreement during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to damages as described in Section 15 of the Franchise Agreement. The Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Obligee as soon as practicable after the amount is determined, and tender payments to the Obligee to secure substitute services, remedy damages incurred, and ensure satisfaction of all performance obligations as set forth in Section 15 of the Franchise Agreement and only for the purpose of enforcing such Franchise Agreement obligations as they pertain to this bond. 3. Except for a claim for compensatory damages as defined in Section 17, D.1 of the Franchise Agreement, no claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless it be brought or instituted and process served upon the Surety within two years after the expiration of the stated terms of this bond. 4. Neither non -renewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of non -renewal, shall itself constitute loss by the Obligee recoverable under this bond, notwithstanding any language in the Franchise Agreement to the contrary. 5. The bond may be extended for additional one-year terms at the option of the Surety, by Continuation Certificate executed by the Surety. 6, The liability of the Surety under this bond and all Continuation Certificates shall not be cumulative and under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee and this bond cannot be assigned to any other party without the written consent of the Surety. 8. Other than the Surety's right to renew this bond to extend its termination date, the Surety stipulates and agrees that any change, extension of time, alteration or addition to the terms of the Contract, including alterations in the work to be done, or increase or decrease of the material to be furnished, shall not in any way release either the Principal or Surety, and Surety hereby waives notice of any such change, extension of time, alteration or addition. 96 1 EXHIBIT H 9. In the event that suit is brought against this bond, the Surety will pay, in addition to the penal sum herein, costs and reasonable expenses and fees, including reasonable attorney's fees, as awarded and fixed by the court. Signed and sealed this day of Principal BY: Surety BY: Name and Title Attorney -In -fact BY: Name and Title APPROVED AS TO FORM: JOHN F. KRATTLI ---- Acting County Counsel.--...._.-........._..-._._.-..... _..-..-._. ...-.....__...... .... ... BY: Deputy 97 1 EXHIBIT I -FRANCHISEE DOCUMENTATION (PAGE 98 — xxx) Will be entered after recelpt of bond and insurance 1. Form PWA 2. Form PW -3 3. Form PW -5 4. Form PW -6 5. Form PW -8 a►��dili7 Verification of Proposal Conflict of Interest Certification Proposer's Equal Employment Opportunity Certification List of Subcontractors GAIN and GROW Employment Commitment Charitable Contributions Certifications 7. Form PW -13 Defaulted Property Tax —--------------B—Form-PW-14 ----Recycling-and Waste Diversion Plan - 9. Form PW -15 Subscription Order Template 10.Form PW -16 Unpennitted Waste Screening Protocol 11. Form PWA7 Personnel Contact List 12. Form PWA 8 Solid Waste Facilities 13. Form PWA 9 Service Area Checklist 14. Form PW -20 Vehicle Information 15.Waste Collectors Permit 16. Insurance Accord 17. Performance Bond Multiple Waste Collector Permits 1. Form PW -17.1 Personnel Contact List, 2. Form PW -18.1 Solid Waste Facilities 3. Form PW -20.1 Vehicle Information M. FORM PW -1 VERIFICATION OF PROPOSAL DATE: 1/2 7 , 2012 THE UNDERSIGNED HEREBY DECLARES AS FOLLOWS: 1. THIS DECLARATION IS GIVEN IN SUPPORT OFA PROPOSAL FOR A CONTRACT WITH THE COUNT! OF LOS ANGELES. 2.NAMEOFSERVICE: NON—EXCLUSIVE COL+IMERCIAL FRANCHISE SERVICES (2012—FA001) DECLARANTINFORMATION 3.NANE0FDEc~.. CONSOLIDATED DISPOSAL SERVICE, LLC (KURT BRATTON, Vice Pres.) 4. IAM DULY VESTED WITHTHE AUTHORITY TO MAKE AND SIGN INSTRUMENTS FOR AND ON 9EHALF OF THE PROPOSERS} 5. MYTRLE,CAPACITY, OR RELATIONSHIPTO THE PROPOSER(S) 13. KURT BRATTON, VICE PRESIDENT PROPOSER INFORMATION 6. Proposers full legal name: CONSOLIDATED DISPOSAL SERVICE, LLC I TelephoneNo.: (800) 299-4898 Address: 12949 TELEGRAPH RD, SANTA FE SPRINGS, CA 906701 FaxNo.: (562) 347-4094 e-mail:Coun WebVenNo.:00636803 IRS No.: 6 5— 0844469 1 Business License No.: N/A T. Proposers fictitious business name(s) a dba(s) (ff any : County(s) of Registration: State: Years) became DBA: B. The Proposer's form of business endly is (CHECK ONLY ONE): _ _--I_t_Sole ropdetof NameofPro dela: J Acorporation: conporation's principal place of business: State of incorporation: Yearincor rated: � LI Nwprofitcorporatoncertified under IRS-501(c)3and registered with the CA Altomey General's Registry of Charitable Trusts PresidenUCEO: Secretary; it A general partnership: Names of partners: C AIIrnitedpartnership: Name of general partner, rl Anoint venture of: Names oflomt venturers: ITC A limited liability company: Name of managing member. REPUBLIC. SERVICES, INC. 9. The only persons or Tums interested in this proposal as principals are the fallowing: um(slKURT BRATTON i°'VICE PRESIDENT P°0"' (562) 347-4049 Fn 347-4094 srar12949 TELEGRAPH RD car SANTA FE SPRINGS sk+ CA zO 90670 amew FRED FREUND TOAREA CONTROLLER Fhw^0 (562) 347-4044 Fa 347-4094 snw 12949 TELEGRAPH RD ar SANTA FE SPRINGE srr CA zO 90670 10.Isyour6nnwholyormgorftymx dby,aasubsidiar/ofanotherffrm9 U No fid Yes Ifyes,name offirm: REPUBLIC SERVICES INC. parent State of incerpaaDoNteg(stration of parent firm: DELAWARE 11. Has yourfirm done business under any other name(s)withln the lastfiva years? K No L' Yes If yes, please listtheother name(s): Nare(s): Year of name change: Name(#): Year of name change: 12. Is your firm involved in any pending acquisition or mugen? R No 1: Yes Ifyes, Indicate the associated comparys name: 13. Proposer acknowledges that 9 anyfalse, misleading, (ncompleto, ordecepBvely unresponske statements in connection with this proposal are made, the proposal ma be refected. The evaluation and determination in this area shall beat the OPector's soleiud rnent and the Director's'udgment"be final. 14. CHECK ONE: C (a) I am making these representations and all representation contained in this proposal on my personal knowledge; OR CSF b 1 am m ' hese sen ions all r ntaticm mrlaired in this proposal based on information and belief that they are true. I declare under panty of penury under the laws a5 nia that the ve i etion is true and correct Signature of Proposer orAuthodOWW Oate: z Type name anclMe: KURT BRAT N, VICE PRE IDENT m Of CONFLICT OF INTEREST CERTIFICATION KURT BRATTON ❑ soie owner ❑ general partner ❑ managing member ® President, Secretary, or other proper title) VICE PRESIDENT CONSOLIDATED DISPOSAL SERVICE, LLC Name of proposer FORM PW -3 make this certification In support of a proposal for a contract with the County of Las Angeles for services within the scope of Los Angeles County Code Section 2.180.010, which provides as follows: Contracts Prohibited. A. Notwithstanding any other section of this code, the county shall not contract with, and shall reject any bid or proposal submitted by, the persons or entities specified below, unless the board of supervisors finds that special circumstances exist which justify the --- ----approvalofsuchcontract. _-- -- Employees of the county or of public agencies for which the board of supervisors is the governing body; 2. Profit-making firms or businesses in which employees described In subdivision 1 of subsection A serve as officers, principals, partners, or major shareholders; 3. Persons who, within the immediately preceding 12 months, came within the provisions of subdivision 1 of subsection A, and who: (a) Were employed in positions of substantial responsibility in the area of service to be performed by the contract; or (b) Participated in any way in developing the contract of its service specifications; and 4. Profit-making firms or businesses in which the former employees described in subdivision 3 of subsection A, serve as officers, principals, partners, or major shareholders. I hereby certify I am informed and believe that personnel who developed and/or participated in the preparation of this contract do not fall within scope of the Los Angeles County Code Section 2.180.010 as cited above. Furthermore, that no County employee whose position in the County enables him/her to influence the award of this contract, or any competing contract, and no spouse or economic dependent of such employee is or shall be employed in any capacity by the Contractor herein, or has or shall have any direct or Indirect financial interest in this contract. I understand and agree that any falsification in this Certificate will be grounds for rejection of this Proposal and cancellation of any contract awarded pursuant to this Proposal. I certify under p"Ity of perjury uLlhe s ofCalifornia that the foregoing Is true and correct. Signed/ ` Date y Val 100 FORM PW -6 PROPOSER'S EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION CONSOLIDATED DISPOSAL SERVICE, LLC 12949 TELEGRAPH RD, SANTA FE SPRINGS, CA 90670 65-0844469 In accordance with Los Angeles County Code Section 4.32.010, the Proposer certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by the fine without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti -discrimination laws of the United States of America and the State of California. The proposer has a written policy statement prohibiting any discrimination in ® YES 1 all phases of employment. ❑ NO The proposer periodically conducts a self- analysis or utilization analysis of ® YES P its work force. ❑ NO The proposer has a system for determining if its employment practices are ® YES 3 discriminatory against protected groups. ❑ NO Where problem areas are identified in employment practices, the proposer ® YES 4. has a system for taking reasonable corrective action, to include establishment of goals and timetables. I ❑ NO KURT BRATTON, VICE PRESIDENT 101 FORM PW -6 LIST OF SUBCONTRACTORS Proposer Is required to complete the following. Any Subcontractors listed must be properly licensed under the laws of the State of California for the type of service that they are to perform, AND THEIR LICENSE NUMBERS MUST BE LISTED HEREIN. Failure to do so may result in delay of the award of contract. Do not list alternate subcontractors for the same service. ® Proposer in providing the requested services will not utilize Subcontractors. Proposer will perform all required services. Name Under Which Subcontractor Is Licensed LicenseSpecific Number Address Description of Subcontract Service 102 FORM PW -8 GAIN and GROW EMPLOYMENT COMMITMENT The undersigned: ❑ has hired participants from the County's Avenue for Independence (GAIN) anc (GROW) employment programs. OR Department of Social Services' Greater General Relief Opportunity for Work 2; declares a willingness to consider GAIN and GROW participants for any future employment opening if participant(s) meet the minimum qualification for that opening, and declares a willingness to provide employed GAIN and GROW participants access to proposer's employee mentoring program(s), if available, to assist those individuals in obtaining permanent employment and/or promotional opportunities. Signat a Title I LAA VICE PRESIDENT 4 Firm Name Date CONSOLIDATED DISPOSAL SERVICE, LLC 103 Company CHARITABLE CONTRIBUTIONS CERTIFICATION CONSOLIDATED DISPOSAL SERVICE, LLC FORM PW -10 Address 12949 TELEGRAPH ROAD, SANTA FE SPRINGS, CA 90670 Internal Revenue Service Employer Identification Number 65-0844469 California Registry of Charitable Trusts "CT" number (if applicable) The Nonprofit Integrity Act (SB 1262, Chapter 919) added requirements to California's Supervision of Trustees and Fundraisers for Charitable Purposes Act which regulates those receiving and raising charitable contributions. CERTIFICATION YES NO Proposer or Contractor has examined its activities and determined that (X ) ( ) it does not now receive or raise charitable contributions regulated under California's Supervision or Trustees and Fundraisers for Charitable Purposes Act. If Proposer engages in activities subjecting it to those laws during the term of a County contract, it will timely comply with them and provide County a copy of its initial registration with the California State Attorney General's Registry of Charitable Trusts when filed. OR Proposer or Contractor is registered with the California Registry of ( ) (X ) Charitable Trusts under the CT number listed above and is in compliance with its registration and reporting requirements under California law. Attached is a copy of its most recent filing with the Registry of Charitable Trusts as required by Title 11 California Code of Regulations, sections 300-301 and Government Code sections 12585-1 86. S gnature Date KURT BRATTON, VICE PRESIDENT Name and Title (please type or print) 104 FORM PW -13 CERTIFICATION OF COMPLIANCE WITH THE COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM The Proposer certies that: N It is familiar with the terms of the County of Los Angeles Defaulted Property Tax Reduction Program, Los Angeles County Code Chapter 2.206; AND To the best of its knowledge, after a reasonable inquiry, the ProposerBidder/Contractor is not in default, as that term is defined in Los Angeles County Code Section 2.206.020.E, on any Los Angeles County property tax obligation; AND ----- ....................... . The Proposer/Bidder/Contractor agrees to comply with the County's Defaulted Property Tax Reduction Program during the term of any awarded contract. 5M 1 am exempt from the County of Los Angeles Defaulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206.060, for the following reason: l declare under penalty of perjury under the laws of the State of Califomia that the information stated above is true and correct. Print Name: KURT BRATTON Title: VICE PRESIDENT Signature•- Date: 1101? Z- 105 105 FORM PW -14 RECYCLING AND WASTE DIVERSION PLAN One of the primary reasons the County Is entering into the non-exclusive commercial franchise agreements Is to increase commercial and multi -family recycling and to assist the county in its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Diversion Plan to be considered responsive. An incomplete or unapproved Recycling and Waste Diversion Plan may be cause for disqualification of proposal. Attach additional sheets if necessary. General Company Information Company Name: CONSOLIDATED DISPOSAL SERVICE, LLC Contact Person Representing Company: Title: VICE PRESIDENT KURT BRATTON Phone Number. 562-347-4049 ____—_E-mall_Address: KBRATTON@REPUBLICSERVICES . COM Type of collection services that will be provided (check all that apply): 9 Commercial waste collection M Multi -family waste collection IN Roll -off Services 0 Other waste collection (please specify): Program Details 6 Industrial waste collection 0 Construction and Demolition waste collection 1. Do you plan on transporting your commercial solid waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Facility (MRF) and/or transfer/processing facility? Yes ri No 0 if yes, how much of your CUA waste will you transport to a MRF? Percentage TBD % Please provide name(s) of Material Recovery Facility and recovery rate(s). (COMMINGLED RECYCLABLES) 80 ESTIMATED A) CVT (MIXED SOLID WASTE STREAM)MRF Recovery Rate 50 % B) FALCON (FOR MRF Recovery Rate 93 % 2. Do you currently provide separate collection services for the following? (check all that apply) 0 Recyclable materials IN Green Waste 0 Manure IN Food Waste IN Bulky Items 121 Universal Waste IN Electronic Waste 0 Other: Page 1 oro 106 Y61;Mil ir6Cl 3. Please complete the form below and provide details on all the recycling efforts, programs and procedures you plan to implement (check all that apply). Attach additional sheets if necessary. If you provide ROLL -OFF SERVICE exclusively, please complete items D and E only in this section. A: Site Visit and Audit You must visit all customers, evaluate whether their existing levels of refuse and recycling service is appropriate, and promote and implement recycling services whether or not customers are subject to mandatory commercial recycling requirements under state law. (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people will conduct site visits: 0 existing staff within our company (recycling coordinator) A a subcontractor ❑ other: You will schedule site visits in the following manner: n telephone Li direct mail ——69_in-person ❑ other: ❑ Other information you would like to add: B: Types of recycling containers and sizes offered ❑ One cubic yard bin 0 Four cubic yard bin ❑ One and a half cubic yard bin ❑ Five cubic yard bin ❑ Two cubic yard bin ❑ Six cubic yard bin ® Three cubic yard bin ❑ Seven or more cubic yard bin ❑ 32135 gallon recycling cart * 64165 gallon recycling cart M 94195 gallon recycling cart ❑ Other: IN Food waste container (Indicate types and sizes offered): AUTOMATED 64 OR 96 GALLON CARTS ❑ Manure container (Indicate types and sizes offered): C: Recycling container contamination procedure What percentage of contamination will prompt your follow-up action? ❑ 1-9% M 20-29% n 40-49% ❑ 10-19% ❑ 30-39% ❑ 50% or more Contamination observed — First occurrence ❑ container collected with no follow-up action 13 container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ other: Page 2 of 4 107 FORM PW -14 Contamination observed — Second occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning * container collected and customer charged for pick-up ❑ container collected, customer charged for pick-up and recycling container removed * other: Contamination observed —Third occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning * container collected and customer charged for pick-up ❑ container collected, customer charged for pick-up and recycling container removed 0 -other. _- ----- We We will notify the County if we remove any recycling container from a customer due to excessive contamination, upon request. D: Required recycling efforts ® We understand and acknowledge that under the commercial franchise we must use our best efforts to implement measures intended to achieve source reduction, recycling and waste stream diversion goals for solid waste we collect. ® We understand and acknowledge that under the commercial franchise we must use our best efforts to divert bulky items, electronic waste, CEDs, manure and construction and demolition debris from disposal. E. Interjurisdictional routes (incorporated and unincorporated areas) allocation methodology How do you verify a service address to determine if the origin falls within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin determinations are made for each customer by: ❑ our office staff manually searches customers' address using mapping software or Thomas guide ® we enter each customers service address into a database, then filter the data through an automated mapping software that separates unincorporated addresses from incorporated addresses ❑ other: How do you calculate the incorporatedlunincorporated percentage allocations? (� (1) add together the aggregate disposal / recycling capacity -service volume (yardsibins, gallons/carts) for all customers with service addresses in the unincorporated and incorporated areas (2) multiply each jurisdiction's tonnage by standard, average weights per cubic yard/gallon. (3) determine the percentage each jurisdictional tonnage comprises of the total route tonnage ❑ other: Page 3 of 4 108 FORM PW -14 4. Tonnage and Diversion Rate Summary Table 5. Facility Form and Tonnage Table CATEGORY Total Collected Total Disposed Total Diverted Diversion Rate Current Year 69, 765 tons tons tons % NextYear tons tons tons Projected PAPER 5. Facility Form and Tonnage Table CATEGORY NAME OF FACILITY USED DISPOSAL FOR CURRENT YEAR (Estimated Tons) (NOTE: FOR Bid SERVICE WITHIN COUNTY UNINCORPORATED AREAS ONLY) RESIDENTIAL MULTI- (singt.Family FAMILY COMMERCIAL ROLL -OFF TOTALS and 2 Unit) (7 er more unit REFUSE PAPER PLASTICS GLASS METALS YARD WASTE BULKY ITEMS WHITE GOODS CSD SHARPS FOOD WASTE E -HASTE Certification I hereby certlfy that the information in this Recycling and Waste Diversion Plan (Diversion Plan) is correct and complete. i also understand that I may modify this Diversion Plan at a later date by submitting a subsequent revision. Name of perso igningfgrM. KURT B TTON Title: VICE PRESIDENT Slqned v✓✓,��( Date: Page 4 of 4 109 FORM PW -15 SUBSCRIPTION ORDER TEMPLATE REQUIRED DISTRIBUTION Prior to commencing service, you must give each of your customers a subscription order. At least once each year, you must give each of your customers a summary of the general form of the subscription order and directions on how to obtain a complete copy of a customer's specific order. (You may include the summary together with other correspondence to your customers, such as customer outreach and educational materials. See the franchise agreement.) REQUIRED CONTENT Your form of subscription order must contain the following information: (1) The scope of services, including size and number of containers, subscription date, and set -out site; "set -out site" means the place agreed to between waste hauler and its customers to collect MSW under County Code § 20.72.100. (2) Customer service charges, which may be in the form of a general fee schedule, clearly marked to indicate all fees (including bin delivery, bin pick-up, bin locks, additional pick-ups, etc.) that are specifically applicable to the customer; __...._(3)---..Office-hours, toll-free customer service_ telephone number, email address, and any website; (4) Disclosure that the customer's subscription is subject to your being a party to the non-exclusive commercial franchise agreement, and the subscription must be terminated if the franchise is terminated; (5) County telephone number that the customer may call after contacting waste hauler if the customer's service complaint is not satisfactorily resolved; (6) Any other information (in any format) requested by County. I acknowledge that the attached template will be used to prepare our subscription order form. Name of person signing form: �JC.%�J /'�' l �d Title: j Signed r�' /1- Date: l 110 .F A(% FORM PW -15 TRASH and RECYCLABLES Collection Services in Bins/Dumpstem CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer: The County of Los Angeles Board of Supervisors (County) awarded F`R¢N, 1$,16ijAKAE a franchise to provide trash collection and recycling services in bins and rolloff boxes for residential, multi -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019. ji.RAffilts FOAMS takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement. Its term is 7 years, unless you terminate service by (1) giving us 90 days notice without any caused you are not delinquent in paying us any service charges (2) giving us 14 days notice, if we fail to provide service (such as missing pickup or falling to timely repair or replace carts)or we bill you incorrectly or (3) the franchise expires or is terminated by the County. We cannot automatically renew or extend your subscription without your consent. If you want to extend it, you must ask us. We will provide a written final notice (postmarked at least 14 days in advance) If we are to suspend or terminate your service. The final notice will include an explanation for the suspension or termination and information on how to resolve your issue and restart service. BIN SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rales we will charge you (on or after July 1, 2012), marked below. We will mm bill you (MONfffl&Y 'QUAR ERE r?i`. -- ------ BIN SIZE - —C LLECTION FRE UENC I WEEK — — 1 2 3 4. 61 7 (I s Bit`8izes,aii STandad SQ iiy Rgl s,tti t you g ��)_ [id jli0rk chi"sto iigj`s;) ADDITIONAL STANDARD SERVICE All Customers: • Recycling Containers -1 cubic yard capacity or 2 96 -gallon carts FREE • Additional or larger containers and capacity provided at HALF the trash rate Residential and Multi -Family Customers ONLY: • FREE Holiday Tree Collection Services • Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties. We will provide one of the following service options upon your request: (1) Five pickups of bulky items (limit of five items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. if you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not In any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing sold waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendantof a multifamily residence and schedule the annual cleanup event DISCOUNT SERVICES fUS SfiydlscpyiR s Vias; aftjs a ygt pLo400 ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: [LISTJ Manure Collection I $ I week etc. Temporary Bin Rentals and Temporary Roll -Off Services To request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday 8 am m 5 pm atFIOI,NUMBER and gI�ULADDD' 111 F1RANCHISE{NAfV FORM PW -15 Bin Rental and Roll -Off Services CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer: The County of Los Angeles Board of Supervisors (County) awarded 9I ANdQ%t'VN ,% a franchise to provide refuse collection and recycling services in bins and roll -off boxes for residential, muill-family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019. ) RAhICfiISE • NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription Is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement. You may terminate service by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts) or we bill you incorrectly or the franchise expires or is terminated by the County. BIN AND ROLL -OFF CONTAINER SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below, for service. We will bill you -- --BIN SIZE - — - COLLECTION FRE UENCY [WEEK - 1. 2. 3. 4, 1 S. 6. 7. istB r Sizes andiStspdard Sfvfce Rates that. ou offer,.and marklft6*1 s. ROLL -OFF SIZE COLLECTION FRE UENCYIWEEK 1. 2 3. 4. 5. 6. 7. Llst Bin;$lzes and Standard Servlc Rates"ft at ou offer and mark customers (Your efforts to reduce waste, recycle and buy products made from recycled content are integral components of a sustainable society, and we thank you for your efforts.) DISCOUNT SERVICES(Listanydiscg0rttk@ i¢e�Sanfl�rsthatY�tt:Prowde.j ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services:11811 Manure Collection $ /week etc. Temporary Bin Rentals and Temporary Roll -Off Services To request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHQNE, �JW ITER or EMAIL ADDRESS. 112 FORM PW -16 UNPERMITTED WASTE SCREENING PROTOCOL You may not collect any unpermitted waste that you observe, unless you are legally licensed to do so. (In general, "unpermitted waste" is material that you cannot dispose of in a class 2 landfill.) Describe your Unpermitted Waste Screening Protocol (check all that apply) in effect or to be implemented as required under the franchise agreement. The Protocol becomes part of the franchise agreement. Attach additional sheets if necessary. (1) Ongoing employee training In identification, safety and notification procedures, including leaving non - collection tags, when safe; N All drivers, route personnel and new hires receive training and attend safety meetings We conduct safety meetings a weekly M monthly ❑ quarterly lK annually ❑ other 1Z We train drivers in both identification and notification procedures when they discover unpermitted waste i�i We instruct drivers who discover unpermitted waste to complete a non -collection notice, place one copy on the container (whenever safe) and file the second copy at the office IR The non -collection notice includes an explanation of the violation and the proper means to dispose of the unpermitted waste ❑ Other procedures (please specify) (2) Means of driver inspection, such as visual inspection during tipping of bins or other containers into vehicles; Drivers inspect containers by using: [N camera systems ® side mirrors N manual inspection of container ❑ other (3) Immediate driver response, such as load segregation; ❑ We train all drivers to segregate unpermitted waste upon identification El Drivers will leave unpermitted waste at the service address and a attach a non -collection notice to the container ❑ Other procedures (please specify) (4) Driver notification, such as calling the waste hauler's dispatcher or field supervisor; If the driver identified unpermitted waste, he or she notifies: ® route supervisor dispatch ❑ customer service department ❑ other _ Page 1 e2 113 FORM PW -16 (5) Notification of appropriate local agency or department; M Customer service monitors and records unpermitted waste violations identified by drivers or other field personnel FD If field personnel identify hazardous waste, they will immediately notify: • the County fire department and the appropriate local agency, who will remove it, and • the County . ❑ Other procedures (please specify) (6) Appropriate action, such as segregation and contalnerization for manifesting and transport for disposal in accordance with law or securing services of permitted handling and transport company; M If a driver identifies unpermitted waste, he or she calls and notifies the route supervisor, and applies proper containment procedures. ❑ All collected unpermitted waste is properly containerized, removed, and transported by a licensed contractor in accordance with applicable law ❑-Other procedures (please specify)— (7) Compliance with California state and federal laws, including regulations of the federal Department of Transportation (DOT) (Title 49 CFR) and of the United States Environmental Protection Agency (Title 40 CFR); Z We will comply with all Local, State and Federal laws, including compliance standards under Department of Transportation (DOT) (Title 49 CFR) and the United State Environmental Protection Agency Title 40 CFR, as well as with California EPA and DTSC regulations ❑ Other procedures (please specify) (8) Development and implementation of a customer educational program to maximize exclusion of unpermitted waste from disposal and to promote safe handling of Unpermitted Waste. ❑ Within 3 months after the franchise date, we will attach conspicuous labels on each bin and roll -off box . The labels will prohibit discarding unpermitted waste, including illustrative examples ® We will develop and implement a Customer Education and Outreach Program to maximize safe handling and discard of unpermitted waste, including written information and materials. o Other program details (please specify) Name of person,argning fonp-. KUEj,T BRATTON Title: Page 2 of 2 114 VICE PRESIDENT Date: FORM PW -19 SERVICE AREAS CHECKUST Please Identify each unincorporated community you currently provide service to with a 'C and Identify each unincorporated community which you plan to provide service to with a'P" (check all that apply). See attached maps for reference. If you provide service throughout all of the unincorporated areas please check hero ❑ If you plan to provide service throughout all of the unincorporated areas please check here f List of Los Angeles County Unincorporated CommUMtles 10 NAME C,P 1 ACTON 2 AGOURA 3 AGUADULCE 4 ALTADENA 5 ANTELOPE ACRES 6 ARCADIA ISLANDS 8 AVOCADO HEIGHTS B AZUSA ISLANDS 10 BALDWIN HILLS 11 BASSETT 12 BIG PINES 13 -BIG TUJUNGA 14 BOUQUET CANYON 15 CALABASAS HIGHLANDS 16 CASTAIC 17 CASTAO JUNCTION 18 CERRITOS ISLANDS 19 CHARTER OAK 20 CITRUS 21 COVINA ISLANDS 22 DELAIRE 23 DELSUR 24 DEL VALLE 27 EASTPASADENA 2B EAST SAN GABRIEL 29 EL CAMINO VILLAGE 30 ELIZABETH LAKE 31 FAIRMONT 34 FOOTHILL 35 FORREST PARK 36 FRANKLIN CANYON 37 GORMAN 38 GREEN VALLEY 113 1 NAME C,P 3B HACIENDAHEIGHTS 40 HAWTHORNE ISLAND 41 HI VISTA 42 JUNIPER HILLS 43 KAGELCANYON 44 IA CRESCENTA 45 IA RAMBIA 47 LAKE HUGHES 48 LAKELOSANGELES 48 IAKEVIEW 50 LANG —52 LEONNA VALLEY 53 LITTLE TUJUNGA 54 LITTLEROCK 55 LLANO 56 LONG BEACH ISLAND 57 LOS NIETOS 58 MALIBU VISTA 69 MARINADELREY 61 MINT CANYON 52 MONROVWDUARTE ) 53 MONTROSE 64 MULHOLLAND CORRIDOR CORNELL LASVIRGENESIMAUBU CANYON MAUSU BOWL MALIBU HIGHLANDS MALIBU LAKE MALIBUISYCAMORE CANYON MONTE NIDO TRIFLING CANYON 85 NEENACH 66 PALMOALE AIRPORT ID NAME C P 67 PEARBLOSSOM 66 PICO 69 OUARTZ HILL 70 RANCHO DOMINGUEZ 71 ROOSEVELT 73 ROWLAND HEIGHTS 74 SAN CLEMENTE ISLAND 75 SAN PASQUAL 76 SANTA CATALINA ISLAND 77 SOLEDAD 78 SOUTH SAN GABRIEL 78 SOUTH SAN JOSE HILLS 80 STEVENSON RANCH 81 SULPHUR SPRINGS 82 SUN VILLAGE 83 TOPANGA CANYON FERNWOOD GLENVIEW SYLVIA PARK TOPANGA 84 UNIVERSALCITY BS VALVERDE 86 VALINDA 87 VALYERMO 88 VASQUEZ ROCKS 89 VETERANSCEN(ER 92 WEST CARSON 94 WESTFIELD 95 WHITTIERISLANOS 96 WHITTIER NARROWS 98 WILSONA GARDENS 100 1 WRIGHTWOOD Name of Igning for KUAT BRATTON Title: VT F prtFCTT)RMT Slgn pem Dale, 44Z1G 115 1 of 4 m FORM Pr. -19 LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP North Detail I LEGEND f'lMites PUBLIC WOKK6 L � unincorporated Community in. i.b� .Iw MB.1.. OW wn6YN FWu.lupirtM B�WM ' ^nY BungGrl^.a..W 0 3.75 7.$ havcYv.Nd.wrMpBBMbTY .q. Y%MtN1Kf/W YYn.. SuwvN I[OnY i P W.�M M.n.B.mwY Qnl W n M.gJq B GI B 9 um. T.Gv� R[f ryim..lingmpSIMBNO'9p./aOYPMriIM Y.<.um ne��.m.o wi. �r�wux. L VI Y FORM Pv.-1S LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP South Detail 62 88 - 13 1 .. 2 84' 83 �:� 58 yr 92 \ 94 45� Miles 0 3.75 7.5 LEGEND:. " Urdnwryomted CommuNly PUBLIC WONKS Garbage Disposal District (ODD) n[f yw.:+rtpep�lv�PN61'tvp.w1.M31Nk9V.m •aac--.a et4m.e WE 1111L1 l 3 of 4 FORM PvJ- LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP e NAME 10 N E M1AcroH 56 Lave BEACH I9lAND _ _ .::i1 A. 2A000RA 51 LOS NIETOB 1 _ 3 AGl DULCE 50 M IW VISTA � $ 4ALTADEt1A SOMMINAOELRET, 6ANTELWCAGRES W MEGA HE91MT6(OCO) _ O ARCADU. ISUNIY3 01 MINTGWLO ^.N —. .� �•: TATN9Nsj0 MMONRONNDW EOSLMM) \x{. '1 ' • •1 E AV0. DHEDHTS 63 MCNTR \02 9AZUSA d1.V:DS 61 MIR1N%3ANDCORRIDpt j` iT:.. �- 10 WL➢NiN WUB CORNELL ' 11 BI68ETT lA3 VIROPNE6MMLIBUCNIY0.Y �O :•• •14 I••�••'3 "I 12913 PWE3 NALI3U 9ONL'I•• " 13 &G iUA3NW N.W3U NIGHLMV3 _ I' ..•M •• 65 ' M11 aomE GNYW MALIDtILAKE _ - .42 15 CAU9A8/J W016JJ105 NAUBLVBTGMORE fJNYON yj � -J/ 5}' 1C GSTAIG MONIE.mO .�• 6 ...\. p 1 17 GBTAIC JUNOFIDN TRIFUNOGNYOX ' M16 RRRh08IalAKD6 65 ATiENMJI 19 CHANIF/10NL 66 PAWDALEAIRPORT 20 L3rRUs gPPJUDLO530M -�_ A� .�•• l00 _ z+ GOJ MLMW 30 Pico 22DELA9IE 69 OW RR WLL .'Q n M SUR T• R.WCHO IXMM0V2 •: • •: a .. @ 1- _ U DELVALLE 71 ROOOEMELT l we nEtET CgtMONMD) UROSEWOOOIWO) «• �•' ::• '� n 9AOTWBAHGELES(GDD) nROVAAHD KE T3 3aVEWUQA=M3 ]I PANGLEMEMEI3LAN0 a C TERRACE 35 WN PMOUAL EAS3MCHT X6 AGTA LSLAND 9\r P F PA3 OMX n SOLEGD n EAOTWN"a L mSWTH SNll RIE. Af' _ ti 9nv✓- l� 2B ELG W MLLkGE 19 SmT. JOSENILLS 30 ELRAStl11AKE SO STEVEN30H RANCH _! Ig 2.N' q 31 FNRMONT 01 SU HUR RPRD1D9 W `V44 n FIRMTME POO) a SUNVOLAOE � 7b L I 1 y' 19 ' i3 FLORENCE TODD/ 63TOR5HGAGNYCN I T N FOO U FERMVOOD >S FORRESTPMK GLENVIEYI Op �++t e ]B FMNIOIN GJI SYLW PMK yY••7• 31 WO N TOPMM 1� •� 30 QUM VALLEY KVNNERWLCITY 39W IMM H11G 3 05 VAL VERDE 0310 �T 91 �l J3 �. wHANTHLAwE IsuNT2 06 VntwG 32 51 �i4S-u^ 11 W NSTA n VALY6YAI0 C-5 12 MGEL H615 . VASOIE2ROCK3 ID o LAO MCMON as V MPAttB (GOM ZO 20 NUCRE�EYFA 99 NElY PARKIGDp) 15 LAPAJA3LA 91 WALHUi PMK(GM) — MINDEWHEGNTe(ODw 92 WEsiCMSOi! 11 O LAKE HVWM 93 M£9T FOX HILLS (am) Mlles ULA Ews ANOELEs 04 lE MLD 19 LAME m 05 VMIITIEP 13LM05 1` w IMO n Ymrn HARRows 45 0 5.75 11 5 51 LEHNOK PDD) 51 YnLLaweRDDH (cDD) W 2EOr YAL1EY 93 W.W0MWR0MG w MRIETUIUNO.L 25 YOND30R WLLS(WD) irw•Iw ln•.•Mvass•iwlu•ue - L 6umMR K 190WRIIYRNO.'3DIpeH•wblm. LEGEND S ,. , �• PUBLIC 1NOftK6 Unincorporated Community GiwnWNFWIIgYP•Ymi M�Id. ibYopbfw Nwl'N9FwF•M••aYb AVwq NII E.n e. u.PXv+lc.ww LxaHlmK amel.n..Praw� NP 31Na�•+ Garbage DisPomID'slricl (GOD) erwA.lrm'awwroba.�.. w.n••Tlw v.re•P.•.ulemw s oobl•nxpa9aNPNc9avpm1�pu15'lAMsu•a� wmn_eNma DAiE Ivnrno3 4 of 4 s�^''Im.rwv w•m vim. PLEASE SEE ATTACHED FILE - PW17.1 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # S0631 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide fallowing information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give County notice of changes in the Personnel Contact List at least 30 days prior to the changes (if practicable), and no later than 30 days following any change. TITLE: Owner PLEASE FULL NAME: SEE ADDRESS: AT A HED xvibE PWI 17 -1 -OFFICE PHONE: - -- CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: General Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAI L: YEARS OF EXPERIENCE: 119 TITLE: President FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX- EMAIL, AXEMAIL: YEARS OF EXPERIENCE: TITLE: Operallons Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Page 7 or 2 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # Sosai PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Customer Service Supervisor FULL NAME: ADDRESS: OFFICE PHONE CELL PHONE: FAX: EMAfL YEARS OF EXPERIENCE: TITLE: Recycling Coordinator FULL NAME: ADD ESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Route Supervisor FULL NAME: ADDRESS: OFFICE PHONE; CELL PHONE: FAX: _EMAIL: YEARS OF EXPERIENCE: TITLE: AccounlanUbook keeper who calculates and submits franchise fee to County. FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Name of_person nssigning(,mn:: KURT BRATTON Tide: VICE PRESIDENT Signed �[ /�Tr/ Date: Pape 2 or 2 120 2012-FAWI PERSONNEL CONTACT LIST FORM PW.17.1 ADOENDUMI FOR WASTE PERMIT# S0601 TITLE OWNER VICE PRESIDENT _DIVISION_ CORPORATE AREA FULL NAME_- REPUBLIC SERVICES, INC. -J KURT BRATTON ADDRESS _ 18500 N ALLIED WAY _ 12949 TELEGRAPH RD CITY PHOENIX SANTA FE SPRINGS STATE _ _- _ AZ _ CA ZIP - 85054 90670 OFFICE PHONE (480) 627-23i6--- - _ 562 347-4049 CELL PHONE NIA 818 916-1192 FAX NIA (562)347.4094___ EMAIL NIA _ KBRATT N RE UBUCSERV CES.COM YEARS OF EXP TITLE I GENERAL MANAGER OPERATIONS MANAGER SION SUN VALLEY SUN VALLEY L NAME JAMES PLEDGER RICHARDASHWORTH RESS L 9200 GLENOAKS BLVD 9200 GLENOAKS BLVD CITY SUN VALLEY SUN VALLEYTE STATE CA CA ZIP--.. - _- -_-- ----91352__.._._...___._.. _. - -. 91352 OFFICEPHONE 816 683.1616 _ 8'18 974.7796 CELL PHONE --- ...- FAX 818 402.2591 --'-----..__(8_-)-------'.._...---- (818)504-3037 ------------------- (818)504-3037 EMAIL JPLEDGER REPUBLICSERVICES.COM RASHWORTH REPUBLI SERVICES. COM YEARS OF EXP TITLE CUSTOMER SERVICE MANAGER ROUTE SUPERVISOR DIVISION AREA SUN VALLEY FULL NAME _ DUC DIEP _ PERRY HOOPES ADDRESS _ 12949 TELEGRAPH RD 9200 GLENOAKS B_LV_D____ CITY SANTA FE SPRINGS _ STATE CA ��- CA ZIP 90670 _- - -- 91352 ---- OFFICE PHONE 562) 347.4200 (818) 974-7796 CELL PHONE --- -- FAX 56 L2.) 254.6689 ...------_-----�....--- (866)298-2931 __._ ---- _ _ �8� -504,-30-37----,- EMAIL _ DDIEP REPUBLICSE VICES.CO PHOOPES EPUBLICSE VI S.0 M YEARS OF EXP TITLE RECYCLING COORDINATOR BOOK KEEPER _DIVISION FULL NAME _ _ AREA _ __ KENNETHAJESPERS AREA �- CAPRICE TERRY ADDRESS 9200 GLENOAKS BLVD _ 12949 TELEGRAPH RD CITY -___- SUN VALLEY SANTA FE SPRINGS STATE __- -_---- CA - - Cq ZIP 91352 ----- 90670 --�--� OFFICE PHONE 818 683-1687 ---- 562 347.4114 CELLPHONE _ --_.`18)974-7817__.__ WA FAX EMAIL YEARS OF EXP KJESPERSgREPUBLICSERVICES COM_ -_-_ (562) 347AO95 --'- _ CT_E_ RRY REPU_BLICSERV CES.COM 121 SOLID WASTE FACILITIES FOR PERMIT# 50631 FORM PW -18.1 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect In the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRFs, composting facilities, conversion facilities and recycling brokers 1 companies (including e -waste). Attach additional sheets If necessary. CATEGORY FACILITY MATERIALS TAKEN TO Name of Facility: SUNSHINE CANYON LANDFILL REFUSE Address: 14747 SAN FERNANDO RD, SYLMAR, CA 91342 Tele hone: 818-833-6500 Materials accepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected: HAZARDOUS MATERIALS Methodology used for &Routas are pre- $Solid waste X The exact net The solid 8On a monthly allocating materials or jurisdictionwte registered based on the route number, materials are wet hed at the g weight of the material collected is waste collected ' basis, the facility of origin of origin of Its waste percentage certified swing allocated Ie the Is then unloaded on the floor and will reconcile each load with Stream, including allocallon.-and :before entering Junsdidion(s)from -drsposed-residue.----- jurisdiction oforigin.-----Ihelecdly.---------- which the material prepamddor weigtilaecords I Check.all ttytapply. was collected from. Processing. and allocations TRANSFER BEL -ART INNOVATIVE AMERICAN EAST LA - STATIONS NaF9Ulhv: 2 REFUSE 6 TIi 4133 BANDINI 1449 W ROSECRANS 1512 N BONNIE BEACH L NddB$ACH LOS ANGELES GARDENA LOS ANGELES (If applicable) y C 805 90023 90249 90023 SE 2r12�9.2872 e e one. 323.264.0202 310.527.6980X2 323.881.8999 Materials accepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected: HAZARDOUS MATERIALS Methodology used for � Routes are pre- i{Solid waste S The exact net i6 On a monthly materials or registered based on materials are weight of the KThe solid waste determining jurisditdon the route number, weighed at the material collected is collected is then the basis, .thef f acility of origin of its waste peroenlage certified scales allocated to the unloaded on the will reconcile each lead with weight stream, Including allocation, and before entering jurisdiction(s)from floor and prepared disposed residue. jurisdiction of origin. the facility, which the material for processing. and Check all that apply. was collected from. allocations Name of Facility: CVT MATERIAL RECOVERY FACILITY RECYCLABLES Address: 1071 N BLUE GUM ST, ANAHEIM, CA 92806 Telephone: 714-238-3341 Materials accepted: RECYCLABLE CO IM D TIES STANDARD KUNICIPAL Materials rejected: HAZARDOUS MATERIALS KA waste X The materials are H Al l residue Methodology used for characterization is gEach vehidels then delivered to )4 Each outbound mall are allocating matelots or deterrNNrg judsdicdon conducted to allocate each type of weighed at the the processing area where all materials commodityweighf is collected and tracked based upon of origin of its waste 9 recovered and certified styles and a tare weight are sorted and reconciled with the thewaate charaderizadon Irduding disposed disposed residue. andrecall pled omaterialce and all process is apNred, processed for optlmum diversion. waste characterization and allocated to the Check all that apply. residue by weight. for the facility. appropriate jurisdiction 122 123 Name of Facility: RECYCLABLES (ifapplicab[a) Address: NOT APPLICABLE Tele hone: Materials accepted: Maienals rejected: togy used for D Awaste charadedzallon will D The materials are o Each Vehicle Is then delivered to o All residue o Each outbound materials are g materials or provide for the weighed at the the processing area commodity weight tracked based Is collected of originIts waste stream, Its j waste strioneam, :ud41g allocation of each certified scales where ail materials and a tare weight and reconciled with the upon the wails disposed residue. and all materials by wet ht. g ars sorted and is captured. processed for waste characterization and allocated to l that apply. optimman diversion. characterization Iheappropriate for the facility, jurisdiction e of Facility: GREENss:NOT WASTEhone: APPLICABLE I Materials acMaterials re Methodology used for o Green waste o The green o Each bad of 9 The Ie will allocating materials or materials will be green waste waste will be g delivered be u use the green green determining jurisdiction of collected and will hauled from the allocated based waste as origin of its waste stream, transported in the truck directly to Alternative Daily including disposed residue. same manner as the facility. upon tare weights Cover (AOC) Check all that apply. solid waste, on tons delivered. program. Name of Facility: BULKYSEE TRANSFER STATIONS: ITEMS Address: BEL-ART, INNOVATIVE, AMERICAN, EAST LA Telephone: Materials accepted: U K Materials rejected: HAZARDOUS MATERIALS, LIQUIDS, PAINTS, CLOSED CONTAINERS Methodology used for XThe facility will allocating materiels or determining jurisdiction of record all bulky items delivered and S The facilitywill reportall materials based KA11 materials recovered are allocated based upon weight and origin of its waste stream, recovered, upon the jurisdiction of generation, jurisdiction of generation. including disposed residue. Check all that apply. Name of Facility. SEE TRANSFER STATIONS ELECTRONIC Address: BEL-ART WASTE Telephone: Materials sampled: COVERED ELECTRONIC DEVICES, APPLIANCES Materials rejected: HAZARDOUS MATERIALS 123 Methodology aced for aawaling materials or a All electroNe walght are weighted and allocated per commodity o All materials recovered under this detemdning jurisdiction of origln o1 Its waste stream, by and a weight. 9 program are recorded and reported Including disposed residue. back to us and the State of Check all that apply. California CONSTRUCTION Name of Facility: FALCON AND Address: 3031 EAST I STREET DEMOLITION WILMINGTON, CA 90744 DEBRIS 562-347-4037 Telephone: Materials accepted: SOLID FILL MATERIALS STANDARD MSW Materials rejected: HAZARDOUS MATERIALS Mathodology used for $The facility will ailocasng materials or determining judadidlon of record all C&D - will report materials based o All materials recovered are allocated based upon weight and origin of IV waste stream, °i�veeddend upon he jurisdiction upon the Jurisdicilon of generation. a jurisdiction of generation. Including disposed residue. Check all that a Name of fatality: COMPTON FACILITY FOOD Address: 25D9 W ROSECRANS AVg WASTE LOS ANGELES, CA 90059 T lane: Materials accepted; Materials rejected: Methodology used for X The facility will allocating materials or record all food waste Iq The facility will report all materials based o All materials recovered are determining jurisdiction of delivered and upon the jurisdiction of generation, allocated basad upon weight and orlon of Its waste stream, recovered. Jurisdiction of generation. Induding disposed residue. Check all that apply. OTHER Name of Facility; (please specify) NOT APPLICABLE Address: Tel hone: Materials accepted: Materials rejected: Methodology used for allocating materials or dalermining jurisdiction of origin of its waste stream, Including disposed residua flame of person signing form: KURT BRATTON Title: VICE PRESIDENT iigned _� / Date: PAGE 3 OF 3 124 FORM PW -20.1 VEHICLE INFORMATION FOR PERMIT S0631 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Promptly update the following information as you raplace listed vehicles. MAINTENANCE YARD a other storage location (where you perk vehicles either ovemighl or when not in usej Street address: 9200 GLEN OAKS BLVD City SON VALLEY, rA 91352 VEHICLE INVENTORY LIST: (Each vehicle that you will use in the unincorporated area of the County to collect, transport, and discharge solid waste), including primary and backup vehicles. ("Please make additional copies if needed") County wJUdssutda+Ylhhnumbtroflleeahwlltehyoumustp/teeoneach vehlcfa. Make Abdel (Fron(raar bador,ak.l Ysar P,ud Tlpe (CNG,DIasol, ak.l moo+.) (Tonal Vehl R, (VWeation No. MNAI Vahtda Dcansa Ne. PerevNaaa ntndacoil Ea servcv� wain uNrovponiM GouNy aaaa PLEASE SEE PTTACHED DOCEMENT PW20.1 Name of personsgni afonn: KURT BHI TTON Title: VICE P ESIDENT Signed��z� Date: 125 i i 2012-FA001 VEHICLE INFORMATION FOR PERMI% 0 S0631 FORM PW -20.1 ADDENDUMI MAINTENANCE YARD 9200 GLENOAKS BLVD, SUN VALLEY, CA 91352 1 MODEL (Front, Fuel Type Rear loader, (CNG, Capacity Vehicle MAKE etc) Year Diesel, etc) (tons) VIN_# Ucerise No. %.InUnincorporated County Areas AUTOCAR I Sida loader 2011 CNG 9.5 i 5VCACDLE6,H,?�12572 i 35629D1 ....__.____..r�._._.._..-..__.__...__...........,_-.._....r._.._.._._.�.1_.__..__._._..._ r __-1......_._.,._......._____....«....- ........v....... AUTOCAR;•_ Side loader_L2011 ' 100% CNG s 9.5 , 5VCACDLE78H2,12673,•___�•35630DI AUTOCAR i_Sideloader = 2011_ CNG 9.4 �03020F1 100% i SVCACDlE0BH21g575 AUTOCARI Front Loader 1 2010 j • CNG i 10 '— SVCAC�LlE7Fti210806 SZ73273 f 10'0%� 100Ye�� _AUTOCAR j 'FrontLoader 1 2010 . CNG 1jF2 00 , 5VCACLLAH210593 s BY57904 AUTOCAR'!—Fmnt { "•�' t _ 100% Loader r 201'1 CNG 10.19 ( 5VCACLLE56H2121•--45��g8023C1 AUTOCAR Fmnt Loader 2007 Diesel i— 10 j�,•8t.05049 80% ; i SVCDC6MF27H2O9937 _ AUT'OCAR 1 Front Loader '':'2006 Diesel E 10 r 5VCDC6MF8HZ,Q�740 BE72866 i 40% l AUTOCAR r Roll Off' 2008 = Diesel 8.5 5VCDC6KF_5 06427 8928485 1 .,_�`_...__.'.._...,.,..., % .._.ai PETER&L7 Roll Off 2003 Diesel 65 P i iNZLTOX9307, 952 72 -! 1,�K.__.j13148 ••'•i—" _20% 20'/a �...�,._ _.._ AR p Roll OR 2007 t Diesel 85 5VCDC6MF87H2 4353 ; 8W26928 .,_,. 15% PLEASE SEE ATTACHED FILE - PW17.1 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # S0004 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give County notice of changes in the Personnel Contact List at least 30 days prior to the changes (if practicable), and no later than 30 days following any change. TITLE: Owner PLEASE FULLNAME: SEE ADDRESS: ATTA HED Fibe OFFICE PHONE: -- — - CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: 11TLE: General Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: 127 TITLE: President FULL NAME: ADDRESS: OFFICE PHONE- CELLPHONE: HONE:CELLPHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Operations Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL. YEARS OF EXPERIENCE: Page 7 of 2 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # SOooa PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Customer Service Supervisor FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL YEARS OF EXP M ENCE: TITLE: Recycling Coordinator FULL NAME: ADD ESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Route FULL NAME: ADDRESS: OFFICE PHONE: CELLPHONE: FAX: ---I 'YEARS OF EXPERIENCE: TITLE: Accountant/book keeper who calculates and submits franchise fee to County. FULLNAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Name of person signing form: K/R�T�T BRATTON Title. VICE PRESIDENT Signed Page 2 of 2 128 2012-FADDI PERSONNEL, CONTACT LIST FOPM PVI -1 ie ADDENWM I FOR WASTE PERMIT# 50004 TITLE OWNER VICE PRESIDENT DIVISION FULL NAME CORPORATE -REPUBLIC SERVICES, INC __ ___-' AREA _ KU. _ RT BRATTON_ 12949 TELEGRAPH RD ADDRESS _ N ALLIED WAY CITY _ _-__18500 _ _ _ PHOENIX -_'-�_ FE SPRINGS STATE -- .- AZ _SANTA -""- . CA ZIP _�_85054----- CA _ 90670 90670 OFFICE PHONE (480) 627-2396---- _—_-_-- - -(562-) -347- —4049 __ CELLPHONE WA (818) 916-1192 CELL PHONE _ FAX NIA _ (562)347-4094 EMAIL NIA _ KBRATTON REPU ICSERV CES M YEARS OF EXP TITLE GENERAL MANAGER OPERATIONS MANAGER DIVISION I GARDENA GARDENA FULL NAME JAMES CASTRO LUPE VASQUEZ ADDRESS _ d 14905 5 SAN PEDRO ST 14905 S SAN PEDRO ST CITY GARDENA_ _ GARDENA TATE CA CA ZIP-._._..... ..-----.._------90248------__.....90248 ---- 562 347-4114 OF'ftCi=i�IdQNE(310) 436.73i3 -- (310) 488.7331 CELL PHONE _ FAX (818) 402.2258---__-y-�30 310 373.6063 -•- -- 345.8091 (310)323-6063 ---- EMAIL JCASTR REPUBLICSERVICE5. M _ GVAS UEZ REPUBLICSERVICES.CO EA YRS OF EXP TITLE CUSTOMER SERVICE MANAGER ROUTE SUPERVISOR DIVISION 4 AREA GARDENA FULL NAME __ DUC DIEP ERIK ORGANISTA ADDRESS _ - 12949 TELEGRAPH RD________ SANTA FE SPRINGS _ 14905 5 SAN PEDRO ST_ GARDENA STATE CA `- CA -- ZIP 90670 90248 �- OFFICEPHONE _562 347-4200 562 347-4114 CELLPHONE FAX '-- EMAIL YEARS OF EXP 562 254-6689 -------_.--�C..._1__-..__.__.---- _ (868)298.2931 -ODIEP7a REPUBLICSERVICES�OM ----� •-••--------..__.---- _ (310)323-8083 _ EORGANISTA(a(REPUBLICSERVICES.COM FAX --- TITLE RECYCLING COORDINATOR BOOK KEEPER DIVISION -__ FULL NAME __ _AREA _ KENNETHAJESPERS _ _ _ _ AREA CAPRICE TERRY - ADDRESS 9200 GLENOAKS BLVD 12949 TELEGRAPH RD -- CITY SUN VALLEY SANTA FE SPRINGS STATE CA CA ZIP ^_ 91352 90670-� OFFICE PHONE (818)683-1687 562 347-4114 CELL PHONE _ �818)g74 7817 WA FAX --- -- (562) 347-4095 EMAIL KJESPERSgREPUBLICSERVICES COM CT RRY R P BLICSERVICES. M YEARS OF EXP 129 FORM PWA 8.1 SOLID WASTE FACILITIES FOR PERMIT # S0004 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRFs, composting facilities, conversion facilities and recycling brokers/ companies (including e -waste). Attach additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO Name of Facility: SUNSHINE CANYON LANDFILL REFUSE Address: 14747 SAN FERNANDO RD, SYLMAR, CA 91342 Telephone: 818-833-6500 Materials accepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected: HAYARI)UUS MATERIAL'S Methodology used for XRoutas are pre- KSolid waste X The exact net X The solid ijdn a monthly allocating materials or determining Jurisdiction fegistered based on the route number, materials are weighed at the weight of the material collected is waste collected . basis, the facility of origin of its waste Percentage certified scales allocated to the Is then unloaded will reconcile stream, Including allocatlon,-and before entering judsdiction(s,)drom on the floor and each load with disposed residue. jurisdiction oforigin.__ the4acfty. ntalerial 'prepared for weiphtrecords -Ctrrk all lbal�,t¢ply.- -_- - - - - _ - _wftich.the -was ccheated from. --Processings - and allocations TRANSFER B L-ART������ INNOVATIVE AMERICAN EAST LA STATIONS 2 REFUSE 95mEoi Plh 4133 BANDINI 1449 W ROSECRANS 1512 N BONNIE BEACH L lMd%SACH LOS ANGELES GARDENA LOS ANGELES (irappllcable) 9 805 90023 90249 90023 5 ?T.R�9.2872 323.264.0202 310.527.6980X2 323.881.8999 e e one: Maledalsaccepted: STANDARD MUNICIPAL SOLID WASTE Matedals rejected: HAZARDOUS MATERIALS Methodology used for � Routes are pre- MSolid waste Y5 The exact net X On a monthly allocali g materials or registered based on materials are weight of the ?iTbs solid waste a bsis, the facility determlNnp jurisdiction the route number, weighed at the material collected is collected is then was reconcile each of origin of its waste percentage certified scales allocated to the unloaded on the load with weight stream, Including allocation, and before entering jurisdlction(s) from floor and prepared disposed residue. jurisdiction of origin. the facility. which the material for processing. records and Check ail that apply. was collected from. allocations Name of Facility: CVT MATERIAL RECOVERY FACILITY RECYCLABLES Address: 1071 N BLUE GUM ST, ANAHEIM, CA 92806 Telephone: 714-238-3341 Materials accepted: RECYCLABLE COMMODITIES STANDARD KWICIELkL SQLTp WASTE Materials rejected: HAZARDOUS MATERIALS KA waste KThe materials are Merhodd used for ogy characterization is 13 Each vehicle K then delivered to M Each outbound 14 A11 residue materials are deter allocating materials or determining conducted to allocate each a of yP wei hed at the 9 the Processing area wham all mate riots commodity weight is collected and backed based upon ryrisdictiart of origin of its waste fy recovered and ceAlfied scales and a tare weight are are sorted and reconciled with the the waste characterization including dsposed residue, recycled material and all process is captured. processed for optimum diversion. waste characlerization and allocated to the Greck all that appy. residue by weight, for the facility. appropriate jurisdiction 130 r..I 1v1 u 131 Name of Facility: RECYCLABLES (Ifappllcable) Address; NOT APPLICABLE Telephone: Materials accepted: Materials rejected: Methodologyused for a Awaste cherededzatbn will o The materials are ❑Each vaNde is than delivered to ❑ Each outbound a All residue materials are allocating materials or provide for the weighed at the the processfng area commodity weight is collected and tracked based collto delermlNng jurisdiction of origin of its waste stream, allocation of each and all materials by certified scales where all materials and a tare weight are sorted and reconciled with Ute upon the waste charactarizalion Including disposed residua, Check all that apply. weight. g is captured. processed for waste characterization and allocated to optimum diversion. for the facility. the appropriate jurisdiction Name of Facility: GREEN WASTE Address: NOT APPLICABLE Telephone: Materials accepted: �Materieis aejeolatl; Methodology used for yg o Green waste u The o Each bad of green ❑fie lac ily v A allocating materials or g matedals vdll be waste will be green Waste delivered be use the green deterorigin its jurisdiction of and colletransported hauled from the will allocated based waste as of origin of its waste sUeam, g transported in the (ruck diracU to Alternative Dally Including disposed residue. same manner as the facility. upon tare weights ry Cover (ADC) Check all that apply. solid waste. on tons delivered- program. Name of Facility: BULKYSEE TRANSFER STATIONS: ITEMS Address: BEL-ART, INNOVATIVE, AMERICAN, EAST LA Telephone: Materials accepted: Materials rejected; HAZARDOUS MATERIALS, LIQUIDS, PAINTS, CLOSED CONTAINERS Methodology used for HThe facility will allocating materials or determining jurisdiction of record all bulky items Ye The facilitywifl report all materials based SAII materiels recovered are delivered and allocated based upon weight and origin of ils waste stream, recovered, upon the jurisdiction of generation. jurisdiction of generatlon. Including disposed residue. Check all lhat apply. Nameof Facilty; SEE TRANSFER STATIONS: ELECTRONIC Address: BEL-ART WASTE Tele hone: Materials accepted; COVERED ELECTRONIC DEVICES, APPLIANCES Materials rejected: HAZARDOUS MATERIALS r..I 1v1 u 131 Methoddogy used for allocating material$ or determining Jurisdiction of O NI electronic weight are weighted and allocated per commodity o All materiels recovered under this origin of Its waste stream, type and weight. program are recorded and reported back to us and the State of Including disposed rasldue. California Check all that apply. CONSTRUCTIONName of Facility: FALCON AND Address: 3031 EAST I STREET DEMOLITION WILMINGTON, CA 90744 DEBRIS 562-347-4037 Tele hone: Materials accepted: SOLID FILL MATHRIALSi STANDARD MSW Materials rejected: HAZARDOUS MATERIALS Methodology used for XThe facility All atloraung materials or delennning Judsdicuon of record all C&D 90'ho facility will report all materials based o All materials recovered are origin of its waste stream, delivered and upon the jurisdiction of enerallon. i g allocated based upon weight and Jurisdiction of including disposed residua. recovered. generation, Check all that apoi Name of Facility: COMPTON FACILITY FOOD Address: 2509 W ROSECRANS AVE WASTE LOS ANGELES, CA 90059 ._— Materials accepted: Materials rejected: Methodology used for $The facility will allocating materials or record all food waste X The facility wilt report all materials based a All materials recovered are determining Judsdidlon of delivered and upon the jurisdiction of generation. allocated based upon weight and origin of Its waste stream, recovered. (urlsdlclion of generation. Including disposed residue, Check all that apply. OTHER Name of Facility: (please specify)Address: Telephone: NOT APPLICABLE Materials accepted: Materials rejected: Methodology used for etiocaong ma%nais or determining jurisdiction of origin of Its waste stream, Including disposed resldue. flame of p¢rs¢n si Ing form: KURT BRATTON Title: VICE PRESIDENT iigned Date: PAGE 3 OF 3 132 VEHICLE INFORMATION FOR PERMIT # S0004 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED promptly update the following information as you replace listed vehicles. MAINTENANCE YARD or other storage IooaGon (where you pads vehicles a4wrovemght orwhen notin use) Sheet address: 14905 S SAN PEDRO ST ally. GARDENA. CA 90248 FORM PW.20.1 VEHICLE INVENTORY LIST: (Each vehiGe that you will use in the unincorporated area of the County to tolled, transport, and discharge solid waste), including primary and backup vehicles. (^Please make additional copies if needed") Oaunrywill lssuo yov.th/s.numbenof decals which you must place omaech mohlclo. Mat& Vro�rear bador,ak.j Year F.Q Type (CNG. N-1. tk.) GpactY (Tonal Vchkla Idt0f,3tvn No. (VINp( VWdt ikon No. PudNaat wforL xiC W strvc,vl `N wLmpaya4 CouNyawa PLEASE SEE rrAC14ED DOCt 4ENT PW20.1 Name of person signing tone. KMT BRATTON TIOe: VICE PRESI ENT Signed ��------ te: 133 2012-FA001 ADDENDUMI MAKE w VEHICLE INFORMATION FOR MAINTENANCE 14905 S San Pedro Street, MODEL (Front, I I (CNG, Diesel, I Capacity Rear loader, etc) I Year etc) (tonal NIT # S0004 i, CA 90248 Vehicle %in VIN# License # Form PW -20.1 PLEASE SEE ATTACHED FILE - PW17.1 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # 50265 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give County notice of changes in the Personnel Contact List at least 30 days prior to the changes (if practicable), and no later than 30 days following any change. TITLE: Owner PLEASE FULL NAME SEE ADDRESS: ATTACHED - - - OFFICE PHONE: ----- CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: General Manager FULL NAME: ADDRESS: OFFICE PHONE: CELLPHONE: FAX: EMAIL: YEARS OF EXPERIENCE TITLE: President FULLNAME: ADDRESS: -OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Operations Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Pepe 1 of 2 135 FORM PW -17,1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # S0265 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Customer Service Supervisor FULL NAME: ADDRESS. OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARSOF EXPERIENCE: TITLE: Recycling Coordinator FULL NAME: ADD ESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Route FULL NAME: ADDRESS: OFFICE PHONE CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: AccounlanUbook keeper who calculates and submits franchise fee to County. FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Name of person signing form: KURT 13RATTON Title: VICE PRESIDENT G JZ -7— Signed — I - Date: Page 2 of 2 136 2012-FA001 PERSONNEL CONTACT LIST FORM PW17.1 'WB"a 1 FOR WASTE PERMIT# 50265 TITLE OWNER VICE PRESIDENT DIVISION FULL NAME _ CORPORATE _-REPUBLIC SERVICES, INC. - AREA KURT BRATTON _ ADDRESS 18500 N ALLIED WAY 12949 TELEGRAPH RD CITY _ PHOENIX i _ FESPRINGS STATE AZ _SANTA ^_ CA ZIP _ 85054—__ - 90670 OFFICE PHONE 480 627-2398 562 347.4049 CELL PHONE WA 818 916-1192 FAX N/A 562 347-4094 EMAIL WA _ KBRATTON REPUBLICSERVICES.COM YEARS OF EXP REPU LICSERVICES. OM YEARS OF EXP TITLE GENERAL MANAGER OPERATIONS MANAGER DIVISION LONG BEACH LONG BEACH FULL NAME RUSSELL DIX MANUEL CARDENAS ADDRESS 2495 E 68TH ST__ 2531 E 67TH STREET CITY LONG BEACH LONG BEACH STATECA CA CA ZIP - _—_ -- - ----- —90805-----------... :.... - 90805 - 0M- CEP.HONE 662 347.4055 _ -- �8 577.8272 (56 )259 -2998 ------- � CELLPHONE FAX -- _ _ (562 577.6274 - -- (562)531-2666 _ ___310) 4931163 (562)259-2998 EMAILRDIX REPUBLICSERVICES.COM MCARDENAS32 REP UBLICSERVICES.COM YEARS OF EXP REPU LICSERVICES. OM YEARS OF EXP TITLE CUSTOMER SERVICE MANAGER ROUTE SUPERVISOR DIVISION AREA LONG BEACH FULL NAME __ DUC DIEP_ _ _ ENRIQUE FLORES ADDRESS 12949 TELEGRAPH RD 25_3_1 E 67TH STREET CITY SANTA FE SPRINGS _ - SONG BEACH — STATE CA _ CA ZIP 90670 _—_ _—_ _ 90805 .— OFFICE PHONE CELLPHONE FAX _._..__..-'---'-'-" . 562 347-420D — _.. -• -- 5562_ 46889_ _ (886) 298-2931 _ -- �8 577.8272 (56 )259 -2998 ------- � EMAIL DDIEP(a)REPUBL_ICSERVICF=S .COM _ SJ :-EF SJ REPUBLICSERVI ES.COM YEARS OF EXP — - TITLE RECYCLING COORDINATOR BOOK KEEPER DIVISION _ AREA_____ �KENNETHAJESPERS AREA FULL NAME _ CAPRICE TERRY ADDRESS _ 9200 GLENOAKS BLVD _ 12949 TELEGRAPH RD _ CITY _ SUN VALLEY SANTA FE SPRINGS STATE _ _ — CA CA ZIP _ _ 91352 _ 90670 OFFICE PHONE 818 683-1687 (562)347-4114 --� CELL PHONE _ 818 974-7817 WA FAX _ _ _ (582)347-4096 -- ._--- EMAIL _ KJESPER- REPUBLICS RVICES.CO_M REPU LICSERVICES. OM YEARS OF EXP _CTERRY - 137 SOLID WASTE FACILITIES FOR PERMIT # 50265 FORM PWASA PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRFs, composting facilities, conversion facilities and recycling brokers / companies (including e -waste). Attach additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO Name of Facility: SUNSHINE CANYON LANDFILL REFUSE Address: 14747 SAN FERNANDO RD, SYLMAR, CA 91342 818-833-6500 Telephone: Materials accepted•. STANDARD MUNICIPAL SOLID WASTE Materials rejected: Methodologyused for XRoutes are pre- KSolidwasle SThe exact net if The solid KOn a monthly allocatIN materials or registered based on materials are weight of the waste collected basis, the facility determining jurisdiction the route number, weighed at the material collected is is then unloaded will mconcile origin of originn of Rs waste Percentage certified scales allocated to Ihe on the floor and each load with stream. Including allocation, and before entering jurisdlclion(s) from Preparedfor weight records -disposed residue. ----- jurisdiction -oforigin.------ The -facility. - --------whichthe-materal check all thalw*.. was coilocted from. processing. and allocations TRANSFER BEL -ART INNOVATIVE AMERICAN EAST LA STATIONS 9.am o8cTFiy 21 REFUSE b 6 4133 BANDINI 1449 W ROSECRANS 1512 N BONNIE BEACH LC rMdrMACH LOS ANGELES GARDENA LOS ANGELES (if applicable) 9 805 90023 90249 90023 S E 2re ?IM9.2872 323.264.0202 310.527.6980X2 323.881.8999 e one; Materials adoepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected: HAZARDOUS MATERIALS Methodol used for orgy � Routes are pre. KSolid waste X The exact net On a monthly materials a registered based on malarSals are Weight of the g eXThe solid waste b basis, Vie facility deo determining jurisdiction the route number, weighed at the material cdlected is collected is then reconcile each d origin of its waste percentage certified scales alloca led to the unloaded on the loa tin weight stream, Including allocation, and before entering g urisdlctlon s from j () floor and prepared p P record records and disposed residue. jurlsdidion of origin. the facility. which the for processing. Check all that apply. wasascollected From. allocations Name of Facility: CVT MATERIAL RECOVERY FACILITY RECYCLA9LES Address: 1071 N BLUE GUM ST, ANAHEIM, CA 92806 Telephone: 714-238-3341 Materials accepted: RECYCLABLE COMMODITIES, STAND RD MUNICIPAL SOLID Materials rejected: HAZARDOUS MATERIALS KA waste K The materials am B All residue Methodology used for characterization is KEadt vehicle is then delivered to M Each outbound materials are aliocadng materials or determining jurisdiction conducted to allocale each type of weighed at the Ihe processing area where all materials commodity weight Is collected and tracked based upon d odgin of its waste recovered and certified scales and a tam weight g are sorted and rewndled with the the Waste adedzdm stream• including disposed residue. al recycled material and all process i s captured. processed for optimum diversion. waste characterization and and allocated to the Check all that apply, residue by weight. for the facility. appropriate jurisdiction 138 nGE2GFS 139 Name of Facility RECYCLABLES Address: (Ifapplicable) NOT APPLICABLE Telephone: Materials accepted: Materials rejecled: Methodology used for o A waste chareGedzatlon will o The materials are o Each vehicle is then delivered to o All residue o Each outbound materials are allocatingmaterials or provide for the weighed at the the processing area p dommoded weight is collected and tracked based detenNNng stye of allocation of each certified scales where all materials e reconciled with the upon the waste este origin of its waste stream, and all materials by and atare weight are sorted and waste characterization waste CheckIncludidisposal residue. Check all that apply. weight. is captured. processed for tedzalton and allocated to charafor optimum diversion. the facility. the appropriate jurisdiction Name of Facility. GREEN wAsre Address: NOT APPLICABLE Tele hone: Materials accepted: Maberlals?ejected: Meallothodology gy used for o Green waste oTha green oEach bad of nTha facility will matariati or materials will be waste ill be green waste delivered will be use the green determining determining and hauled from the allocated based `Waste as origin of its waste stream, wastes tre n trentcollectal transported in the truck directly to Alternative Daily Including disposed residue, same manner as the facility. upon tare weights Cover(ADC) Cheer all that apply, solid waste, on tons delivered. program Name of Facility: BULKYSEE TRANSFER STATIONS: ITEMS Address: BEL-ART, INNOVATIVE, AMERICAN, EAST LA Telephone: Materials accepted: BULKY: SOLTT) FILL. rTgPs _ Materials rejected: HAZARDOUS MATERIALS, LIQUIDS, PAINTS, CLOSED CONTAINERS Methodology used for HThe fad wU allocating materials or determining record all bbl ulkyitema The facility will report based aCAcmaterials recovered are jurisdiction of delivered end all materials allocated based upon weight and origin of Its waste stream, recovered. upon the jurisdiction of generation, judsdicbon of generation. including disposed residue. Check all that apply. . Name of Facility. SEE TRANSFER STATIONS: ELECTRONIC Address: BEL-ART WASTE Tele hone; Materiels eooepled: COVERED ELECTRONIC DEVICES, APPLIANCES Materials rejected: HAZARDOUS MATERIALS nGE2GFS 139 Methodology used for allocating materials or o All alectronlc weight are weighted and albcMed per commodity a All materials recovered under this deteuohing Jurisdiction of type and weight program are recorded and reported Orion of Its waste stream, back to us and the State of including deposed rosldue. California Check all that apply. CONSTRUCTION Name of Facility: FALCON AND Address: 3031 EAST I STREET DEMOLITION WILMINGTON, CA 90744 DEBRIS 562-347-4037 Telephone- ele hone:Materials Materialsaccepted: SOLID FILL MATERIALS, STANDARD MSW Matedais rejected: HAZARDOUS MATERIALS Methodology used for Ni The facility, wit allocating materials or record all CdD cXThe facility will report all materials based o All materials recovered are - determining jurisdiction or delivered and upon thejurisdiction of generation. allocated based upon weight and origin of its waste stream, revered. Jurisdiction of generaVon. Including disposed residue. Check dl That Name of Facility; COMPTON FACILITY FOOD Address: 2509 W ROSECRANS AVE WASTE LOS ANGELES, CA 90059 Telephone: 7_ Materials accepted: Materials rejected: Methodology reed for XThe facility will allocating materials or record all food waste 711 The fedllly will report all materials based o All materials recovered are determining furls ildion of delivered and upon the jurisdiction of generation, allocated based upon weight and origin or Its waste stream. recovered. jurisdiction of generation. including disposed residue. Check all that apply. OTHER Name of Facility: NOT APPLICABLE (please specify) Address: Telephone: Materials accepted: Materials rejected: Methodology used for allocating materials or determlring Jurisdlcdon of origin of its waste stream, Inducing disposed residue. JamKURT SRATTON Jame of person signing form: Titre: VICE PRESIDENT >ignedJ Date: PAGE 3 OF 3 140 FORM PIN -20.1 VEHICLE INFORMATION FOR PERMIT # 50265 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Promptly update the following information as you replace listed vahloles. MAINTENANCE YARD or other storage location (where You park vehicles either overnight or when not in use) Shael address: 2531 E 67TH STREET Cih,. LONG BEACH, CA 90905 VEHICLE INVENTORY UST• (Each vehicle that you will use in the unincorporated area of the County to collect, transport, and discharge solid waste), including primary and backup vehides. ("Please make additional copies if needed") CeuntywUlJssue you•thismumbwafdecab•whkh you must,placecn each vehicle. Make coder Vm.4 w briar, ak.l Year Pvd TyPa (CNG, oie etcIT..)No, G+wdN IT vankle ree�w�me MrU) Vakdstbnse No. r} ^a"� "abS6^'Ta man Wrmpv..�M CaKy uaa PLEASE SEE TTACHED DOWMENT PW20.1 - Name orperson signtigform: KURT BRAWON 'nue. VICE P ESIDENT Slgnad o ��� Date: _ 7�- 141 2012-FA001 VEHICLE INFORMATION FOR PERMIT # S0265 FORM PW -20.1 ADDENDUMI MAINTENANCE YARD 2531 E 67th Street, Long Beach, CA 90805 142 2012-FA001 VEHICLE INFORMATION FOR PERMIT # S0265 FORM PW -20.1, ADDENDUMI MAINTENANCE YARD 2531 E 67th Street, Long Beach, CA 90805 143 COUNTY OF LOS ANGELES Department of Public Health - Solid Waste Program Waste Collector Permit Under Provisions of County Ordinance Title 20 2012: CONSOLIDATED DISPOSAL SERVICES, LLC' 12949 TELEGRAPH RD SANTA FE SPRINGS, CA 90670 COMPANY ID # S0265 PERMIT FEE $9,656.00 VEHICLES PERMITTED 214 DATE OF ISSUE 1/19/2012 EXPIRATION DATE 1 2 /3 1120 1 2 COUNTY OF LOS ANGELES Department of Public Health - Solid Waste Program t Waste Collector Permit Under Provisions of County Ordinance Title 20 ALLIED WASTE SERVICES OR N. AMERICA 9200 GLENOAKS BLVD SUN VALLEY, CA 91352 COUNTY OF LOS ANGELES Department of Public Health - Solid Waste Program Waste Collector Permit Under Provisions of County Ordinance Title 20 J COMPANY ID # 50004 2012 VEPERMIT FEE HCLES PERMITTED 1 8900 45 DATE OR ISSUE 02/09/2012 EXPIRATION DATE 12/31/2012 ALLIED WASTE SERVICES OF NORTH AMER GAR S.E SAN A DRO9024 ST Q� GARDENA, CA 90248 PROGRAM 145 COMPANY ID # S0631 47.00 2012 VEH CLES PERMITTED 1FEE 29 DATE OF ISSUE 01/25/2012 EXPIRATION DATE 12!31/2012 ALLIED WASTE SERVICES OR N. AMERICA 9200 GLENOAKS BLVD SUN VALLEY, CA 91352 COUNTY OF LOS ANGELES Department of Public Health - Solid Waste Program Waste Collector Permit Under Provisions of County Ordinance Title 20 J COMPANY ID # 50004 2012 VEPERMIT FEE HCLES PERMITTED 1 8900 45 DATE OR ISSUE 02/09/2012 EXPIRATION DATE 12/31/2012 ALLIED WASTE SERVICES OF NORTH AMER GAR S.E SAN A DRO9024 ST Q� GARDENA, CA 90248 PROGRAM 145 EXHIBIT 2 (Annexed Area) 4•S.xn� (S.Anm. Active Annexations fEaan.ad colmaw, nr., sw1.a acn:,wi �amere canvee -aoe Cw.June 74. Juw t4 mz. Solviad Co... Avec Eix.gMCanpk( Jane M.XN4 COPDerslone-06.36 Auer Eip.cled fmy16- 1. 14. M2 Weal sena Canyon/ F.k Oaks R..M -1964.]3 Pan Fipnled ComgeNan: S,pYm0er 3U14 Nodand Road -166.80 Av.. &P -Nd 6+'M1.Nn' DecenAv:M2 NOM CWhXl-],4)6.66Av.e E,,Oe C."Uon:aunNw ID13 SouN Sand Canyon-690.99Ava. Ba lda .d—acro.. 2016 That portion of the Rancho Sari E'rancisco in the County of Los Angeles, State of California'as shown on map recorded in Book'l pages 521 and 522, of Patents, in the office of the county Recorder of .said county described' as follows: Beginning at.the point of intersection of the 'denterline of Copper Pill Drive with the centerline of Decoro•brive, as shown on: map of Tract No. 48202 filed in Book 125.6 Pages 9 throug2•12 inclusive, of Maps,. in 4#d office of the County RecoFder,'said point being on a curve, in said centezlise of Copper_R.i Drive,. concave northwesterly having a. radius of 1750.Q0,feet,,' a'radial line. through said point bears North 33°12'46" test, said,point also being an angle point on :she boundary of the .City Of Santa Clarita as the,seme existed on October 14, 2010; thence' (C1) leaving said boundary of the City of Santa Clarity and northeasterly along said centerline of Copper Hill Drive'and said curve and along the centerline of Copper Hill Drive as shown on may of Tract No. 48202-D.4 filed in Book 1247 pages 55 through 61, inclusive, of said Maps through a central angle of 27005120" an, arc distance of 827.3B feet to'the.point of intersection of last said centerline with the northwesterly prolongation. of the northeasterly line of Lot 37 of said Tract No. 48202-04; thence (L2) radial to said curve and along said prolongation and along said northeasterly line South' 60°18106" East 127.90 feet to an angle point... therein; thence (13) along the Ix northwestBsly line of said Lot 37 North.73'$6'19" East 1473.51 feet to the most easterly corner of said Lot 37 also being the X:\XDMIM\MORD DOCS\23=S\rXFcRiT5\500,0 EXBIBIT5\5551 WPF.M7011E'MR�C` 2010-10 ,MM.boc r IFD i IT "2" Page 2 of 40 Z. �f nhrtheasterly corner of Tract No. 48202-05 as shown on map .filed in Book " 1248 Pages.24.throilgh 33 inclusive, of seid 24aps; thence (14) along .the general, easterly bogndary, of said Tract No... 48202-05 the . following 25 coureea, South 15°49'58" East 204.97 feet;' thence (715) • South 49°23106".East 74.35 feet,' thence (l6) South 14°01134" West '77.56 feet; thence (17) North 83°05111" .West 77.10 feet; thence (18) South 64035106^ West .80.82 'feet; thence (19) South 09°261-04" West 78.56 feet; thence' (l10) South 35°50133" East 50.72 feet;.tnence (111) South 72056122" East '60-99 feetd thence' (112) South D'9°33'39" East 56.92•feet; thence l South 36°38159" EEL -5t 61,9B feet; thence (113) . s (l14) South I4645102" East 56.66 feet; thence ji15) South 07°42125" Fust 73.95 .feet; thence (i16) south, 16021136" Evast 86.43 feet; the -ace (117) S'ou`th;"OS'°08'45"'East 133.63 feet; thence Bon"�h:00`05'01^ East, 76.93 feet;thence - (L19) south 03003157" West 128.63 feet; thence (L20) south'29°12113" West 41.03 feet; thence . (L21) South 52°42143" West 41.79 feet; thence .I (L22) South 43°33128" West 59.61 feet; thence . (L23) South' 09'W05- West 182:50 feet; thence.. "+ (l24) South 26°39152"•£ast•45.35 feet; thence (125) South h',1°05724" East 66..03 feet; thence (L26) South 33°04'43" East 126.67 feet;. thence (L27) South.17013133" East 35.05 feet; thence (7,28) South 05°54'53"• East 362.09.. feet to an aR41e point in the easterly line of lot 20 of said..Tiact No: 48202-05; thence (729) along said.easteriy line •and its prolongation' Sout)=. d2,°39.'35" Vest. 4'9.45 feet to a point of.intersectioR with the centerline of ])ecoxo Drive. as shown on map of Parcel. blap No. 24981 filed in Book. 268 pages., 51 Y.t\%DYN\WDSD DOCS\IMVIS\MX=1T3\8000 rnI SU"\8551-COPI?MST0A8+ Ran 2010-10 8X'd.DCC i r ' Z� 1 ' � EXI-IIgIT• ••2' Page 3 of 40 ' ,,(Z31) along said boundary North 02'39135 East 40.00 feet to an angle jpoint therein; thence (132) continuing along said iioundarvAorth• 87°20'25'" West 69.49 feet to an angle point therein; thence (h33), continuing :.long said. boundary North 87021'30" West 128'.32 feet to the beginning of 8 tangent curve concave northerly having a radius of 2560.00 feet; thence (C34). westerly along said boundary. and along last'said curve and along the' northerly line of said becoro Drive through .a central angle' of 18°31'00" an are distance of B27..33 feet to an angle point in .said boundaayi thence- (L35) hence (L35) along said bound=ary and radial to last said curve South,. 21 09'30" West outh.21°09'30"West 40.00 feet to an angle point. ,therein on the centerline of said . Decoro Drive 'also being a aoint -'at the beginning of a curve concave northeasterly having a radius of 260D.00 feet, to which last said course is radial; thence (C36j__northwesterly along said bpundary and last said curve and along ' said: canterline..Of Decoro Drive-through a•central angle of 30°46152" an arc distance of 1396.8D feet; thence (137) along said boundary and tangent to laat said curve North,39003'36". West :92.97 feet to the point of.beginning. Containing 68.86 acres, more or less. E X:\AeMSN\wo= DOcs\LEGA5NMRI3ITS\8000 EXEI82T8\8551 COPPZUT R ANNEX 2010-10 EKE. DOC PORTION OF RANCHO SAN- FRANCISCO BOOK 1, P(1S.'521-522, I OF PATENTS �.Axcoa T_ 4 r HIM .. 9 - . .. " . '. A4P ua.h w•.e.v m.xcanarwuGwem EXFEBTT'42„ _ Page 4 of 40 . - 0 EXHIBPI' „2" Page 5 of 40 44 EXHIBIT 'T' -- ANTNEXAI'i0N'N0. 011-03 TO THE CITY OF SANTA CLARiTA ``ELSMERE CAIN PON" Those portions of Section 7 and Section 18 in Township 3 North, Range . . 15 West, and those portions of Fractional Sections 12 and 13 in Township 3 North, Range 16 West, San Bernardino Meridian, all according to the official plats thereof, in the unIncorporated territory o! -the County of los Angeles, State of California together with that portion of the Rancho San Francisco as shown on map recorded it Book 1 Pages 521 and 522 of Patents, in the office of the County Recorder of said Cov-nty described as a vq ole as follows: Beginning at the east quarter corner of said Section' 7, said corner baing e point on the bounda_*y of the City of Santa Clarita as the saws existed on January 11, 2011; thence (L1) leaving said boundary and along the easterly line of the southeast quarter of said Section 7 South 00059121" West 2905.83, feet to the northeast corner of said Section 18; thence (L2)•along.the.northerly line of the northeast qu=arter of said Section 18 North 89°28132" West 1083.57 feet to the northeasterly corner of the northwest quarter of the northeast quarter of said Section 18 as - described in Parcel 4 in, dead -to said City of Santa Clarita recorded. 'October 29, 2010 as instrument no. 201015529B2 'of Official Records, in said office of the County Recorder; thence (L3)1along the 'easterly line of last said northwest quarter of the northeast quarter and along the easterly line of the southwest quarter. of the northeast quarter of said Section 18 -as described in Parcels 3 and 4 of last said 'deed South 02°04159" West 2607-54 feet to the. %:\&tXMWOAD Da.S\LEGTL6\SIOnaTTa\80D0 E7.�SrTS\6560 EX8 ELS!ffi\a CnQ,2 `ML-7:.DOC i j I I: EXHIBIT 'T' _ ... _ Page 6 of 40 b° ry •southeasterly' 60rnar'-of .said . southwest 4iarter: of the .northeast quarter; thence (L4) 'along the south line Of the northeast quarter of said. Se.;tioa 18 South 89°36153 West 1220.:49 fee t•to the southeasterly 'corner of the northwest quarter of, said Section 18; thence (L5) along the south line of last said northwest aaarter .South 89°38'53" West 2548.87 feet to the west quarter corner of said Section 18; thence' (L6) along the 'south .line of the northeast quarter or said Fractional Section 13 North 86°39'15' West 973.29 feet to a"'goint on the canterline. of the _Antelop'e ,Valley Freeway (State Highway 14),. also being a'point on the boundary .of the City of Santa Clarito as the same existed on Janua-'v 11,.2011; t2ence (L7) along said centerline 'and along .last said boundary North 18056151" East 128.86 feet to the begisining.,of a tangent curve concave westerly having a radius of 3500.00 feet;. thence (CB) northerly along, said centerline and along last said boundary And said. -.curve .through a central..,angle.... o _.34058'29"„ an arc .distance of 2136:48 feet; thence (L9) continuing along saidcenterline and .list szid bounds y and tangent to said curve North 16°01'38" West 1908.77 feet :to the beginning of a tangent curve concave easterly having a radius of 3000.00 feet; thence . (C10) continuing. northerly along Said centerline and last said boundary end'last said curve through a central angle o.f .40°52'22" as arc distance of 2140.09 feet; thence . (L11) continuing along said centerline and last said boundary and tangent to 1. last said curve North 24050'44 East 645.22 .=set to an. angle point in said b6undary of the City o3 Santa Clarita; thence (1,12) .leaving said centerline .and along last said 'boundary the following 7'courses, South 89°09109" east 872.20 feet; thence (717.3) South.'83'221'14" East 1285.70 feet' thence (1,14) South'.00°26'31",East, 394.97 feet; thence X:\ADMM\-v7DRD D0C8\IECZTS\MMIBITS\8000. aa13r^s\8560 MH Ma"MB C'IV AIQM'Doc - EXHIBIT 1121, i Page 7 of 40 i ' (L15) South 89°07'46" East 1291.28 feet; 'thence t, "�(L16) South 69°0739" East 1266.02 feet; thence' (Z17) South 00°36'05" East 652.49 feet; thence fi18) South 89009154" East 1250.57 feet to the poiat:of beginning.'. Containing 806.52 acres, more or less. 0 5-110`2 X:\ED=N\WOiD DOGS\iXGAZS\XYFTB2.7S\8000 TX°.n TS\8560 EX--. SLS4ORM CV -W=-COC I.3 WrPI(I'[YS Py O 7,71 MEE ai alLw4 w aD Vl. V ]#Ylw NLM I ]PI -004N5 ziwaumP aweam] awNi3R ziwmim. Saaaar3 at•AS a'. t^rt000• Sawaum ' zawzsw awaeai Siwaaax aniwiw vnmsl _ ausam] � .MA ,aA PNNIXPl1aN X0.1011-03 a>tial IP 911AN lon�rnxor xvlmcvwm 'waeaa+xw I.ak EXHIBIT "2" Page 9 of 40 II EXHIBIT 2 i' LEGAL DESCRIPTION ANNEXATION N0.2011-22 TO THE CITY 01F SANTA Q.ARll A -NORTH COPPER HILL" Those .portions of sections5, 6r 7 and 8, Township 4 North, Range, 15 West and those portions of sections l and 2, Township 4 North, Range 16 West and those poxti.ons of section 31, Township .5 North, Range 15 West and those portions of sections 35 and 36, Township 5 North, Range 16 West, all of Sar Bernardino Meridian in tae County of Los P,ngeles, state of'CaLfornia described as follows., Beginning at the northeast corner of said Section .6; thence (11) along the east line of said Section 6 South 01049'09" East' 2321.64 feet to a point on the centtxline of -Bouquet Canyon Road as 91io„1n+'"bU taa*6.'of'Tract 146'.-'35157 'filed in Book '1095 pages 4.8' to 55 inclusive, of Baps, in the office of the county Recorder of said County; thence (12) along said centerline South 50°53'561' West 320.18 feet to a point on the north line of the southeast quarter of said Section 6; thence (13) along said .north line North 89°47'35" East 254.85 feet to the northwest corner of the. southwest quarter of said Section 5; thence (1,4) along the'north line ofsaid southwest quarter bf Section 5 south '89007107" East 1272.62 --feet to the east line of the northwest quarter of the southwest quarter of said Section 5; thence. (L5•) along .last said east line South 02°18'54" West 1315.34 feet• to the south line of last ,said no quarter of the southwest quarter; thence (L6) along last said south line North '880581381, West. 1176-06 feet to the northwesterly corner of Lot 170•of Tract No. 46268 as shown. on map filed in Book 1141 pages 1 to 12 inclusive,'of said Maps; thence x:%anMIICLRD Docsw3GPZS�DrasarT5%8D0D rn IBlxs\assz Bxa.Doc , • t _ .. Page 10 of 40 along the southwesterly and northwesterly lines of said Lot-Z�— ° , a.'E t 14•.73 Feet; thence ° as follows, South 01 D1 22 as (L8) Soutii 46°47'19" East 334-06 feet; thence' 'South 56°22'51" East 117.00 feet; thence ' (L10) South 600591370'East 697:63 feet; thence:` (Lll1 South 27°39'09" West 367.49 feet; thence i,np of said, (L12) South 78°56'48" west 159.64 feet to the westerly . C on Lot 170 on the noxtheasterly line of Santa Starina Rozd as ' oho 6269 said map of Tract: No. 46268 and as .shown. on map of Tract No. filed is Book 1234 pages 50 to 61.inclusive, of said Maps; thence (L'13) :along last said.nortieasterly line South 07°'50'51" East' 62.05 feet.tn the beg ening of a tangent curve conca" northeasterly. having a•radius of 468.00 feet; *fence line and southeasterly (C14) continuing along last said northeasterly long last said carve .throaigh a central angle of 29°49'26" a� era distance of 243:61 feet; .thence leo and tangent to , (L.�5.).—wntinuiTq- along last said no_-theast_xly northwesterly z last . sald du3'd8' South 37040r'170' East 69.60 -feet to the. ' art— . comer of Lot 116 of said Tract No. 46269; thence (116) along the northwesterly line of said lot 116 North' 70°56'48' erly coiner of said Tract No.. 462691 East 141.34 feet to the northeast thence 46269 as follows, (117) along he easterly line of said Tract No. south 28°44'30" East 341.35 feet; thence' (L18) south 03°11'26" East .60.DO. feet; thence (L19) South 09°38'05" East 66.58 feet; the Ce southeasterly boi'ner 0f (L20) South 00°24'16" West 192•.'94 feet' to the Lot 108'of said Tract No. 46269; thence last said easterly line 'to' (L21)south18'33'29' West 64.00 feat along line 'of Lot. 107 of said an angle point therein on the no easterly ^ a radius. of Tract No. 46269 on a. curve concave southwesterly having 318.00. feet through which lest said courses•radial; thence: i R.\erg\P1pA0 soca\rw*•.e\_y ITS\9000 —lnS xs\e592 �+�•Dx •\ I I EXHIBIT "T' Page I of 40 II ll_ Yr CC22) southeasterly along last said curve and alo, _i no=-_heasterly 4'. line through a central angle of 1°50'01" an arc distance of 10.18 feet to the northeasterly corner of. said Lot 107; thence. (123) continuing -along said easterly line of Tract No. 46269 the. following three courses; South 15°32'3B." West. 156,15. feet; thAnce (1,24). South 22`21'52" West 58.16 feet; thence (125) South 31°31158" West 165.85 feet; thence (L26) continuing along said easterly line of Tract No. 4 62 69 and along the easterly line of Tract No. 46270 as shown on map tiled in Book 1234 pages 40 to 49 inclusive, of., said Maps as follows,,. , South 38018120" West 405.49 feet; thence (L27) South 25°11'07" West'.140.33 feet; .thence (L28) South 13007135" West 61.44 feet; thence (L29)' South 07°52146" West 50.91 feet;.thence (L30) South 07°33105" West 174.40 rest; thence (L31) South 04°48144" West 43-09 feet; thence (1,32) South 01033143" Bast 345.76 feet to the southeasterly cc=er of. - ''Lot 78 f.-'Lot78 of said Tract- No. --46270 -.being 'a point on the Yrortherlg-line of :- - Plum Canyon Road as, shown on said map of Tract No. 4 627 0 and as shown on map of Tract No. 31156'filed in Book 1246 pages 20 to 24 inclusive, of said Maps and as shown on map Of Tract No. 44965 filed in Book 1140' pages 78 to 86 inclusive, of said Maps; thence . (L33) South 08026158" Bast 50.00 feet to a point on the cantexline of said Plum Canyon Road being a point on a curve concave northerly having a radius of 3100.00. feet; to which last said course is radial;. , . thence .... .... (C34) westerly along last said centerline and said curve as fbllows, through a central angle of ,12°56136" .an arc distance of 694.89 feet;. thence (L35) tangent to last said curse North 85'36'22" West 445_.21 fee"'to the beginning of a tangent. curve concave northeasterly having a radius of 1200.00'feet; thence 1. X: VMXMWOED 3)o^3\mQIS\EX=3IT5\6000 PONTi'ITa\9562 E%a.DOC I �II Page 12 of 40 t ,(C36) northwesterly along last ,said cu_*se,and 4a centerline, or IS Canyon Road through a.Fentral angle of 33°12'30" .zn'arp distance of -695.51 feet; theaoe (337) tangent to last said oi=`7e and along. last Said centerline of ?ltffi Canyon Road North .52°23'52" .West. 273..94. feet to the northerly. teriainus of that course shown ,as North 37°36'08".East 3.94 feet (D2) . on said: map of Tract No. 44966; thence (L38)' along last said course Sout)i 37°36'08" Rest 3.94 feet to an =art No. 44966 and anangle Point angle point in the. boundary of said T. in the boundary of :the City of .Santa Clarity as the same. existed on May 10, 2011; thence f (L39) along said boundary of the City of Santa Clarita North 49°12'30" West 15.04 feet ,to 'the beginningof a. tangent carve concave southwesterly having a radius of 2000.00 feet; .thence ' (C4o) continuing along said boundary of the City of Santa Cla itz Song the following courses and curves,',yorthwesterly along last said . Of .591.00 cu-v_e through a central angle of 16055'51" an arc distance `eet.eo the soutkwestesly corner .of said..Tract, No. 4496.6;- thence (L41) North 16°32126" East 243.20 'feet; thance. (L42) North 16°49'46" East 60.00 feet;, thence'. (L43) North 73°10'14'•' West 37.50 feet; thence (L44) North 16°49152' East 127.21 feet; thence (L45) North 88°26'06" West 28.00 feet; thence (L46) North 04°00'54"• West 104.47 feet; thence North• 05°29'16" West 64.00.:feet to the beginni'ng.of. a oaqt to tangent Curve concave northerly having a radius of 468.00 f which last Said course is radiall thence • (C48) westerly along last'said cove through a central an91e o;_ 00018122" an arc distance of 2.50 feet; thence (149) non-tangent to last said curve North 02900'16" West 183.57 flet; thence (L50) South 89°07'°8" East 36.60 feat; thence (L51) North 79006'57', East.81.07.feet; thence; et; thence (L52) North 72°47'10" East 82.48 fe X:\AD`8a\�� �xSVis.SAT'S�i%S�TTS\8000 EEE18=TS\8562 >tie-� \ r EXHIBIT "2" Page 13 of 40 e g ;O;53) North 26°58'32".West 105.08 feet .to a point on a.ngn—i3ngent curve' concavenorthwesterlv having a radius of '230.00 feetr .a radial.. . line through last said point bears North 26°49'15" 'west; thence (C54) northeasterly alone last said curve through a central angle of 15°51'48" an arc distance of 63.68 feet; thence (155) radial to last said cu we North 42041'03" West. 60.00 feet; thence (L56) -North 43014'54" West 155AS 'feet; thence (L57) North 22023'31" West 120.88 feet; thence (L58) North 07°401.37" West 343.94 feet;. thence . (L59) North 08.010101' East 251:00 -feet; thence (L60) North 25°44130" Fast 1148.04 feet; thence (1,61) North 02°16150' Bast 1316.37 feet; thence (L62) South 89047:35" West 778.83 feet; thence F (1,63) No_*th 00°08141" East 1350.63 feet; thence i (L64j North 89°34115" West Goo.. 00 fast;.. thence (L65) North 89°32151:' West 1009.75 feet; thence (I'66) -South "03°58'47"West 8:3.3? feet; thence (LO) continuu-ig ?long -'sa=d City boundary South 66°29131" West 89.98 . feet to the beginning of a tangent cu_-:ve concave northerly having a radius of 1500.00 feet; thence" (C68) westerly along last said curve through a cental angle of. 54°47104" an arc distance of 1434.25 feet; thence I (169) nen-tangent to last said curve South WaG'53" East 540.98 feet;'. y thence (L70) South 00°15'27" East 2644.81 feet; thence ' (1,71) South 89°41116" West 500.31 feet; thence " (172) North e0016'04" West 555:00 feet; thence (L73) South 89°41116" West 826.54 feet; thence (L74) South 00°16121" East 555.00 feet; thence (175) South•.89°41'16'r West 1179.60 feet;.thence (L76) North 11°26'31" West 144.73 feet; thence (L77) North 09°41'54" East 593.86 feet; thence (L78) North 26022118" West 95'.23 feet; thence X_\ADM!r\VORD D0Ce%!ZGAM\MM-Z31T8\800D EXHIBITS\8582 EMDOC N. ' i EXHIBIT "2" Page 14 of 40 e: +* .1•,(L79'), North 10°10125" East 551.01 feet; 'thence �. `(i80J North 89°32143" West 360.48 -feet to a point at the beginning of I a non -tangent curve concave westerly bav'ng z radius of 1540:00 fest, f a. radial Line through said point bears North 85°14'50" West; .thence '(,C81)'northerly along said curve through a central angle of 5°27116". 1I an arc distance of 146.60 feet; thence (L62) tangent to said curve North 00-42!05- West 506.63 fast to the I: beginning o£ .a tangent curve .conczve easterly. having a =adios. or ; 5240:00 feet: thence p (C83) northerly along last ,said curve through a central angle of . 010551,2611 an arc distance of.175.95 feet; thence (LB4) tangent to last said cv-7ve North 011.13120" East - 462.:74 feet to the beginning of'a tangent curve concave southeasterly having z racLus • of 27.00 feet; thence' (C85) northeasterly along last said curve through a' central angle of 89°59`56^ an arc distance of 42.41 feet; thence (L86) tangent to .last; said curve South. 88°46'44" East 36.32 feet; " thence... , (LB7).•North 00017'49" West 40.01 feet; thence (1,88) North 89045109" West 1661.84 feet to the beginning of a, tangent thence curve concave southerly having a radius of 1200.00 feet; (C89) westerly along last said curve through a cent" -al angle of. 20°30125" an arc distance of 429.50 feet; thence (L90) tangent to last said curve South 10°44'26" west 370.97 feet to the beginning of a tangent curve concave northwesterly hiving a radius of 1800.00 feet? thence (691) southwesterly along last said curve through a central angle of 2V W 31" an are distance of 881.19 feet to the beginning. of a tangent compound curve concave northeasterly having a, radius of 1100.00 feet; thence (C92) northwesterly along last said curve through a central angle .of , 24°21'53" an. arc distance of 467.17 feet;'.thence (L93)tangent to•last .said curve North 56°50'10" West 23 5.60 feet,. thence X:\EL'lff10\XOSD.Docs\LSGWA%E0=TS\8000 ESH288XTS\8582 M -DOC ,r 4� • 4y EXHIBTT'T' Page 15 of 40 .I(L94) North 69°50141 West 1360.92 feet; thence (t95).North OQ026'10" West 2472.24 feet; 'thence (L96) North 88°34155" East 1264.78 feet'; thence (L97) North 06012'05." West 1518.70 feet to the beginning of 4< tangant, curve concave easterly having a radius of 229.05 fe=_t;.thence' (C98) northerly along last said curve. through a central angle ,.of 02°55153" an arc distance of 11-72 feet; thence (1,99) tangent to last said curve North. 03°16'12".West , 1519.17 .feet to, the beginning of a.tangent curve concave easterly having a raddus of .229.05 feet; thence (C100) aortherly along lasI said 'curve through a central angle .of ' 21°38'38" an arc distance of 86.53 feet; thence (L101) tangent to last said curve North 18°22126" East 277.38 feet; . thence' (L102)' South 89`40112" West 1104.39 feet; thence (L103) South 89°40'05" West 448.62 feet (L104)..3outh 04°25'40" Eest 116.00 feet .to the beginning of a :tangent :curve -concave easterly having x`radiva-of"400.OD-feet; thence (C105) southerly along last said curve through a central angle' of 15050'15" an arc distance of.110.57 feet; thence (L106) non -tangent to last. said curve south 65054'19" West 123.42. Feet; thence (L107) South 24°0_4152" East 8.42 feet; thence (1108) 'South W09'30^.We3t 17.44;fset to the beginning of a. tangent curve concave southeasterly• having a radius of ,380..00 feet; thence (Clog) eouthwesterly.along.Iast -said curve through a central angle of 14030152" an arc distance of 96.26 feet; thence .(L110) non -tangent to last said curve .North 39°06127" West 48,.45 feet;' thence` (L111) North 47°53'50" West 34.57 feet; thence (L112) North 68055114" West 53,21 feet; thetce ' (1,113) South 47°07115" West 31.65 faet; thence " .. . (L114) North 44°06122" West 102'.12 feet; thence (L115) North 34034102" West' 110.22 feet;.thence . x,\jM=\mo9D DocsNLz=s\D%a-9IT5\8000 M MM9582. WE.= `,� T r E)CMIT "2„ Page 16 of 40 �{ .ice{1116) South 09°40'42" West 76.51 feet; thence (1117) South 37°03127"'West 22.70 feet; thence (Li1B)-No_rth 51026159" West 337.92 feet,. thence (1119) North 84°02'391"West 59.61 feet; thence' (If20'). South. 7Vt5d"'j4'< West 245.10 feet; thence (1121) South 00°D6'34" East 519.60 feet; thence ' (L122) South 89°27'20" West 275.50 Feet; thence (1123) South 02°56'd3" West 81.39 feet; `.hence (L124) 'North 67°57'22" West 30.00.Feet; thence (L125) South 54045'37" West 29.25 feet; thence (L126) North 67°02'10" West 33.94 feet; thence (1127) South 87007'15" West 29.94 feet;. thence j (1128) South 57°56:51" West 31.34 feet; thence j (L129).'South 31°09131" West 75.06 feet; thence (L130) North 76°35'56" West 118.81 feet; thence f (L131) North 83°21'51" West 142.75 feet; thence i (L132)..S.o11th.Bl°Q8103" West 240.44 faet;,thence (1133)' So h 2i''48'Si" Wes- 36':69 faet: 7thence - - (L134) South 23°34121" East 171.50 feet; thence (1135) South 44°04'57" Wast 414.07 feet; thence ) (1136) South 89°39'57" West 126.55 feet co an angle point in said boundary. of the City of Santa clarita.at the 'southwesterly cosier. of Tract No. 46564-03 as shown on map filed iii Book 1227 pages 12 to 17 inclusive, of said.Maps; fihence- ' (1137) leaving said boundaxX of the City of.Santa Clarita and along the westerly line of said Tract No. 46564-63 North 00020103" West 628.59 feet to an angle point therein at the west quarter corner: o.f ,said Section 35; ,thence . i (1138) continuing along last said westerly line North 00°19'54" West 162.85. feet to the mast. northerly corner of Lot 4 of said Tract No.. 46564-03; thence (1139.) along the northeasterly line of said Lot 4 South 59°2.0''12" East j 136.25 feet to the most westeily corner of Lot 5 of said Tract No. j i 46564-03 also beinga post on the general westerly liae of the land.. i i %c\8DIff1i,\ADHD DOCS\LBGS75\T3=ZBZT8\8800,rA5rs' ZT8\8582 MM.DOC \. 4, i EXHIBIT "2" Page 17 of 40 deed recorded -November* 30, 2064 as instrument no. 04- NI Idescxibed in 150B.5167 of, official Records, in the office., of'said County Recorder,. thence -(LI40).,along, said general westerly line the following courses, North 22*17'45" Last 93.42 feet; thence (LI41).Vorth 29*26159" East 85.89 at; thence (L142) North 53'49f23" East 92.99 feet; thence (LI43) North 22°30'34" East 40.26 feet; thence (L144) North 250051370 West 22.96 feet; thence (L145-) North 29*04132" East 92.18 feet; thenoe (LI46) North 38*33120" West 27.39 feet; thence (L147) North 04659f09" West 34.35 feet; thence (L148) North 33'09117" Last 41.'53 feet; thence. (LI49) North 07'33151" 'West 37.03 -feet; thence (LI50) North 06*36r57" East 51.05 feet; thence (L151)'North 360451550 West 14.43 feet; -thence (LI52) North 22'09r4311 West 46.79 feet; thence AL153) North 41°42`58" -West West 1.0.52. -rest; thence, (L154) North 27*51'25" West 67.67 feet; thence (L155) North 48°48'01" West 22.84 --feet; thence (LI56) North 72'05115" Was-, 35.76 feet; thence (L 157) North 56*321180 West 17.20 feet; thence (1158) North 02'55106" West 9.54 feet; thence (L159) North'38°04'-32" East 16.20 feet; thence (L160).North 55017142" East 10.99 feet; thence. (LI61) South 89052,52i' East 3.18 feet; thence .(L162) South 48001140" East 31.06 feet; thence (L1631 South WOVIO" East 15.62 --feet; thence (LI64) South 70*2413511 East 16.37 feet; thence (LI65) North 68*56'51" Bait 9.01 fast; thence (,166) South .84'48115" East 4,74 feet;. thence (L167) South 630191AI" East 7.04 feet;'thence qy (LI68) go.rth'82049121" East 2.16 feet; thence (LI69) North 53*05'15" East 22.35 feet; thence X:\M*M*MD DorS\L=LTs\mmna S\8D.00 "T-TBI49\8582 MM.DOC EXHIBIT " 2" page 18 of 40 e 5( L17 o) North 73°48!'47' East 7.33 feet; theme �L171) Soutt 82°20'14" East 59.93. feet; thence (1172)' south 53.941-f.09" East 14.97 feet;' thence (L173) South 82°22'.55" East 44.61 'feet; thence (2174) North '39°0.7'45." East 67:-32 feet; thence (L175) North.73°26'23" West 20.86 faet; thence (L176) North 27°42'58". West 30.91 feet; thence =77) North .63°19'3'6" West 27.03. feet;' thence (L178) North 25°45'28" West 73.43 feet to' a point on the. southerly line of Lot 3 of Tract No. 46564-04 as shown on nap filed in Book 1248 .'pages 16 to 23 inclusive, of .said•Maps; thence ' (L179) leaving' last, said 'general westerly line, and along 'said et to the. .southerly=ne of lot 3 North '74°18'30" West 355.67 fe westerly line of said Tiact No. 46564-04; thence f Tract (L180) along last. said westerly line and the westerly line o_ No. 46564 as shows an map filed ia.Book 57 inclusi `1251 pages 50 to ve; of said Maas North 00°19'54'.West-1769.79 feet to'the ^-orthweat'corner of said -Section '35;, thence_ .. (L181) along, the .northerly line of the northwest quarter of said Sec on 35 South.89°41'56" East 2654.06 feet to the northwest corner' -t of the northeast quarter of said Section 35% thence a_ter South (L182) along the- northerly line of said northeast qu 99°41`30"' East 2653.97 feet to the northwest corner of said Section 36; thence (L183) along the north line of the northwest quarter of. .said Section 36 south 89044'51" Bast 2658.62, feet to the *north quarter corner of said section 36;.thence, " (L18S).,along_the,npsth line of the 'northeast quzrter of said section comer of saa d 36 South 890451-18!- East 2681.67 feet to the northwest section 31; thence :along the west'lipe of the northwest quarter of said Section 31 feet to the .northwesterly corner .of South 00'31'39" West 1357.41 Government hot 2 n said Section 31;.thence ° X:%UVM\WORD DOCS\iDG=\=M=TS\SooO "'O"'"5\8552 EM -DOC.\ EXFRBrr "2" Page 19 of 40 (Z186) along the north line of said Lot 2 South 88°44'10' East 1226.94 greet to the northeasterly corner of said Lot 2; thence (L187) along the east line of said Lot 2 South 00°35'21" West 1351.91 feet to the north line of the southwest quarter of.said Section 31; thence (L188) along last said.norh line South 88°591.30" East 1319.95 feet to the'center of. said Section 31",.thence (L189) along the east line of last said .southwest quarter South 00°35114" West 1346.37 feet to the southwesterly corner of Parcel Map po, 14813, as shown on map filed in Book 166 Pages 31 and 32,•of Parcel Maps, in said office of the County Recorder; thence (L190) along the south line of last said parcel map and along, the south line of Parcel ?Map No. 5827 as shown on map filed i= Book. 64 Page 17, of said Parcel'Maps South 89°14125" Easi. 2000.71 feet to the . west line of last said parcel map; thence (L191) along last said west line 'South '00°28'03" West 737•.72 feet -to the south line of last said parcel map; thence:' •-•(L-1-92) along last -said south -line South 839-29117" East 667.41 feet to the east line of said Section 31; thence (L193) along last said east line. South 00026138" West 600.00: feet to the Point of Beginning. Containing 2472.88.acres, more or less. -1 • NO.4652 . �91F Of X:\SDHW\WORD D0CS\TZGPZ5\EM31TS\8000 EEa23xT8\8582 EMDOC r t'1 v A LHGEND ANbG]m] owmw•n IM llonNAY to zo11�1TA aAnUn HOHSE NNMOgtlNa t.>/ PS J u ±view iuin ry ±1HA1- ±l.l 'EQl-aJnJ ]MIJ .-IIJJI,] 22,11 ' HOe1H AtME%Ai1J11LaA%ILOYIO CITY Vort ulaEm -. CITY f SANTA M'A cLWTA n 1sc't ie: ANNEXATION No, 2011-22 .xm TO THE CITY OF SANTA CUIRITA EA ' Ixee AG¢s FlID 51f111 111E fA nECIXNFR 'NOHT11 COPPER HIII.° EXHIBIT "T' Page 21 of 40 AQP EXHIBIT "T' AID47EXATION NO. 20140-08 TO TEE CITY OF SANTA CLARITA (SOLEDAD COMMONS)' That portion of the north half of Section: 18, Township 4 North, Range 14 West, Szn Bernardino Meridian in' the .County of Los , Angeles, State of California described as follows:' - Beginning at the point of intersection of the westerly line of the northeast quarter of said Section l8 with the centerline of '"he Antelope Valley Freeway (State Bighway 74), said point being on. a curve concave southerly having a radius of 2000.00 feet, a radial line through said point bears South 07014'43" West; thence (01) northwesterly along. said centerline and along said curve through -a central angle of '00050'16" an arc distance. of .29.24 feet; thence (L2) along said centerline and .tangent to said curve North 61°55'01" West 554.69 feet to the'beginning of a tangent curve concave southerly having'a radius of 2000.00. feet; thence (C3) westerly along last said curve. -?ad along said centerline through a central angle of 18932'35," an arc distance of 647:27 feet to an angle point in the boundary of the 'City of SaTrta Clarita as the same existed on October 6, 2010; thence (L4) along said boundary North 03023140" West 348.41 feet; thence tL5) 'coEtiauing "along' said bound&ty 'North' 27°56130' East 2D1.55 - feet to a point at the beginning of a non=tangent curve concave southwesterly having a radius of 1450.00 feet, a radial line through last said point bears North 10°25112" West; thence' (C6) southeasterly along said boundary and along last said curve. through a central angle of 47°34139" an arc distance of 1204.06 feet to the northerly boundary of said freeway; thence (1,7) leaving said boundary of the City of Santa Clarita and along last said northerly boundary North 84012'52" West 32.34 feet to. the first above described westerly line of the northeast quarter of Section 18; thence (L8) along said westerly line South 07026153" Fast 329.96 feet to the point of beginning. Containing 13.21 acres, more or less. -117<-/Z Y:\ADMIN\WORD D0C5\ WnS\M=aZTS%8000 R HITS\8550 SOZEDAD CMM08S AIe =TICIP M-= 1: rI , lu. - � v Y `^- -AREA=13.21 ACRES \a 4, g\\\\II,\\\ wumic ratlm-wr . lv,'?i14U.'r•. f�_.'p] FiG 1• ----ri t+l1R ®IA�aN MIN- 1 aAe • NS ��—^ePM � M 4 Y�NIEY f'IR8111.Y ' 1 � 1 1e01 � VAl1IEY MR'EEw AY. ® wi%Aim. 4 P 1 AN.YELOPE 1`// le nAk1--pY4al�—oSS t • aillaulrt�s���� M1RV6 m..rl REEMY - __0__ II P.0.8. IH-00141.1-_0aie �.. . $CALbI l��l. 00' i � 1 1 � NnusF 11WUk111IY I: i UN, R14W. SBM 1 . 2]a H len UNINCORPORATEU TERRITORY OF - 1 THE COUNTY OF LOS ANGELES I 1 1 nnaoinwa eaulalMr • CE111a1 M swim IY-:�l E4EnHY QiY OYUpMT i _ AREA=1321 A'piES 1 • ga1Y M SMR g11EEA 1 : 1 �. •1 ANNVA'110NN0.2010-W - - -' ; ,� i11 M1:j An SFIYVaI _ Mahal TC TI@CRY ars&4TA amm a Alak ' . ' Isa noes wa nt ac m 1 . R\,e1,0"IB WRWVIYDY.IMIVWVUA atlevM aMWa ME1.@11J WiNN 1 , / —'=-6_ � I\ EX IT .121, Page 22 of 40 6 I i EXHIBIT "2" .TION NO.• 2011-20 TO THE CITY OF SANTA CLARTfA "VISTA. C_ANTYON/FAIROAI S / JAM WAY". s i _ I EXHIBIT'T' Page 23 of 40 i Those portions of Sections 21, 22, 23, 26,,27, 28, 34, and 35 in Township 4 North, Range 15 West, San Berardino Meridian togethex with a portion ofSection•2 in Township 3 North, Range 15 West,. San Bernardino Meridian, all in the County of Los Angeles, State of. California described as a whole as follows: Beginning at the southeast corner of said Section 28 being a Point on the boundary Of the City of'Santa Clarita as the same existed on vaauary 31, 201].; thence along said City Boundary the follow+ng couttes and ca ves: (L1) South 89°04'33" West 2634.89 feet; thence (L2) North 00014'39" West 2570.31 feet; thence .(La) -South 88°08'59" East 26.80 feet; thence .-(L4)"'North"46°27'4'0" Ea§t"392 6£"feet; the ice ` (L5) North 03035119" East 272.19 feet; thence (L6) North 39038'15" West 503.81 feet; thence (L7) North 60°07'45" West 232.07 feet; thence (LB) North 71019150" West 102.46 feet; thence (L9j North 56°13123" West 231.31 feet; thence (1.10) North 76056140" West 542.10 feet) thence. (L11) North 68016'54" West 118.05 feet; thence (L12) North 89006127" East 1117.06 feet; thence (113) North 00010'33" West 1316.51 feet; thence (L14) south 85056151" West 454.84 feet 'to the centerline of Sierra Highway as shown on maD of Tract No.. A3510 filed in book 1078 pages 93" to 99, inclusive of Maps, .in the office of the County Recorder of said 'County", thence X:\AMMVOeD DOCS\T,3C%ZS\B:LIB?T8\8000 MMIBITS\8561 BXB.DOC =T EXHIBIT 'T' Page 24 of 40 L15) along said '0 NO 40*031 D7' East 284.70 feet to the fe enter . 1�ne b of northwesterly having F. red"'s inning of a tangent curve concave el; r. 3500..00 feet, hence (CI6)- continuing northeasterly along said cdateMl"n' mid .said curve. through a. central angle of 11*25'.02" an, arcdistance d , s I tance -of. 697'44 feet to ound curve concave northwesterly having. a the. 1peg�inning Of a tangent cOMp. radius of 2750.00 feet; thence (r,17) continuing _northeasterly along said centerline and last said.cul-7e. 11 . an* arc distance of 48.92 feet;. thxougk a central angle 'Of 01901"9 thence (LIB) leaving said centerj.ine. and non -tangent Co last said. curve South . 66038144" Rest 202.97 feet; thence (Llj) North 07037r56# Be I st . 1 thence - 29.91 feet; centerline. . e of (L2 , 0) No_rt�j 66*38144" West 161. 31. feet. to a point On. said 0. Sierra Highway on said cuiVe concave northwesterly. having a radius . . . I . said -111, 3.8" 27 . 50.00 feet, a radial 'line through point beEZ5. North 64*5-9'... West; thence tbxoujE P. 1. nort ,heasterly..Rloalg said. cent0m ine..And _,2ast_ said e -e thence . cent r . al- angle of 04°36`32" an arc distance.0if, 221-21 feet; an (122). continuing along said canterline and tgent to last said curve North 20023150" East. 231.4.4 feet; thence (L23) isaving . said centerline North 69°16'02" Fast 2270.20 feet; thence. (L24). Nox�-h 00:07140" West 557. P3 feet to a.point at the beginning of a having a radius of 9700-00 . feet, a non. -tangent curve concave. horthe=lY hence ears North 03041r251' West; t. radial -line through last said point .b (c2 . 5) easterly along last said curve tbrough.a central . angle of 05023! 37". an arc distance of 913.12 feet; thence last said curve South 89o59,09" Fast 802.71 feet to (126) non -tangent . nt to e Antelbpe . Valley Freeway (State Highway a point on the centerlins th .14) on a• curve concave southeasterly having a radius of 3000-00 feet, a. last said point bears South. 55*53'.44 East; thence radial line .through" . L X:\XMajj\j= DoC5\jMGnS\MMr91TS\80DQ nIMMITS\8561 EM -DOC % EXffiEIT "2" Page 25 of 40 a (C27) northeasterly along last sa.d centerline and last said, curve through a central angle of 26°46151" an arc distance of ,1402.24 feet; thence (L28j'continuing along last said centerline and tangent to last said curve North 60053"07" East 4430.D0 feet; thence (129) leaving last.said centerline South 00°30'36" West 124.1.76 feet to a point at the beginning of a npn-tangent curve concave northerly having a radius of 1200.0D' feet, a radial line through last said point bears North 02°06119" West; thence (C30) -westerly along last 'said curve through a central angle of O8°53'18' an arc cL stance of 166.16 feet; thence (131) non -tangent. to last said curve South 02'48'40" East 800.41 meet; thence (L32) South 57°48'40" East 204.70 feet to a point at the .beginning of a non -tangent curve concave southeasterly having a radius o� 2914.63 feet, . a radial line through last said point bear's South 23°12126"'East; thence (C33) southwesterly along last said curve through a central angle of (L34) non -Tangent to last said curve South 00°30136" West 274.4.4 feet,; thence (L35) North 89°47'00" East 1713.73 :East-, thence (L36) South 23°06'22" West 631.01 feet; thence (L37) South 89°42'25^ West 158.00 feet; hence (138) South 00°35'25" West 983.76 feet; thence (L39) North 89°42151" East 109.14 feet to a point at the beginning of a non -tangent curve concave northeasterly having a radius of 1820.00 feet, a radial line through last said point bears North B2033106" East;.thenbe (C40) southeasterly along last said curve through a central angle of. 11°46159"•fan arc distance of 374.29 feet; thence rAl t t t aid a South 19013153" East 120:44 feet; thence (�_) angen to las a tutu (L42) North 89°38130" East 110.05 feet; thence (L43) South 00135125" West 182.50 feet; thence (L44) South 89°38'30" West 350.00 feet; thence %:\A +MMM\W= DOCS\LBG=\=MITS\8000 MMMITS\8561 MH.DOC EXMIT'T' Page 26 of 40 L45) South 00°35'25" West 402.50 feet; thence a": • u. 6) South 00°01127" West 5260.30 feet; •thence, . (L47) south. 06'36'02" East' 5029.37 feet;; thence . (L48) North'88°59'50" East 1514.44 feet to a point of intersection with. the -centerline of placerita Cznvon Road as shoWn.on County Surveyor's Map No. B-2283 sheet 2 (CSB 2283-2) on. file in.the office of the Director of public Works of szid county, said point being at the point ,of cusp at :the easterly textiaus of a tangent curve. concave southeasterly having.a radius'of 500.00 feet; thence uthwesterly along last said centerline and along last said carve (C49) so 36°17'40" the following 6 courses, through a central angle of an arc distance. of 316:73 fee4; thence (L50) tangent to last said curve South 52°42'10" West 101.75 feet to the ;eg; g of a tz gent curve concave no having a radius. of 800.00 feet;.thence (C51) southwesterly ILIO last said curve, through a cantzl angle 'of 16°03100" sn arc distance of 224.10 feet, thence _._..._(L5n-.ta_Went.to lastsaid cu.-cut e.Soh.68°45'10" Fest 165.73 feet tot e beginning of a tangent curve con..^ave southeasterly having a radius of 1D00.00 feet; thence (C53) southwesterly along last said curve through a central angle Of 17°49'10" an arc distance o£ 311.01 feet; thence (L54.) tangent ' to last said curve South 50°56' 00" West 684.39 feet to a y boundary of Parcel Map No. 7096. as. shown on map point on the easterl filed in Book . 108 pages 33 and 34 inclusive, of parcel Maps, in said office•of the County Recorder;. thence (L55-) along last said easterly boundary South OD°36'27" West 219:.37 feet to the southerly boundary of said parcel Map No. 7096:'.thence , (156) along last said southerly.boundary North 89°30'04" West 667.02 feet to the pbint of intersection with the westerly line. of the east half'Rf'. the southeast quarter of the northwest quarter of 'said Section 2 a's described in .document recorded July 12, 2007 as instrument no. Y.\>Dk=N\BDBD DoCS\Y7OdiS\EKsMTS\8000 "MnBITB\8561 EXa.DOG \ EXHIBIT "2" Page 27 of 40 .......... I 20071654943.,of Official Records, 'in said office of the County Recorder; ,. thence (L57) along last said westerly line South 00'28''55" West 318.70 feet to the point of intersection with said centerline- of Placerita Canyon Road, being a point on a curve concave northwesterly having a radias.of 1500-00 feet, a.radial line through last said point bears North 32'21'34" West; thence (C58) southwestefly along last said centerline and along last said curve through a central angle' of 27011`33" an arc distance of 711:90 feet to the point of intersection with the westerly line of the land described in domm-nt recorded June 07, 2006 as instrument no. 06-1253116 of , said Official Records; thence (1,59) along last .said westerly line South 00021'14" West 774.87 feet to the north line of, the southwest quarter.of said Section 2; thence. (160) along last said north line South 89'13'10" East 1328.21 feet to the northeast corner of the southwest quartei"C`f said Section 2; thence (161)along the east line of last said southwest qua_*ter South 09'36'27 West_13R7.98 £eeL to the.northeasterly corner. of the southeast quarter of the southwest quarter of said Section 2; thence (L62) along the southerly line of parcel B .as described in document recorded August 25, 2004 •as instrument no. 04-2190843, of -said Official Records, North 89'16142" West 1338.38 feet to the easterly line of parcel C as described in said document recorded August 25, 2004; thence (L63) along last said easterly line South 01'02'22" West 1349.36 feet to the southerly line of the southwest quarter of said Section 2; thence (L64) along last said southerly line North 89'20'10" West 1348.56 feet to the 'southwest corner of said -Section 2; thence (L65) along the westerly line of the southwest quarter of said Section 2 . North 01'28115" East, 2701.64 feet to the west quarter corner o£ -said . , Section 2 being an. angle' point on the boundary of the City of Santa Clarita as *the same existed on January 31,. 2011; thence . (L66) along said City ;Boundary the following 8 courses, North 00605'30" East 2362.51 feet; thence X..\ADMA\WOaD DDCB\L=U\,',%srans\8000 VAMI28\8561 MM.DOC $:\aDjCrAVoRD DOCS\.$)Qr.S\MCiIBITS\8D00 MMn"6\8561 P=;DOC \ , kw • EXHIBIT "2" —_7 Page 28 of 40 l (L67) North 05°54127" West 1349.89 feet;. thence 9iY At •(LSB) North 89°53'14" East 1333.12 feet; thence . (L69) North 06°14'20" West'.1239.98 feetf:.:thence (WO) North'06°14108" West 1240.26 feet; thence (171) South 89°47'09" West 2632.95 feet; thence (I72)'North.05°32123" West 1231.99 zest; thence (L73) 501:th 89°38156" West 3921.'73 fast to the. Point of Baginning: Containing'2437.24 acres, more or less. • I. IND , IPA gar /¢!Z o.4652 $:\aDjCrAVoRD DOCS\.$)Qr.S\MCiIBITS\8D00 MMn"6\8561 P=;DOC \ , kw Me �.SORYEY�VMIIOt1RR ANNIXA71011�NXh]N'/ON�II%0\JDB601 FMR OMIe Wt MW CANYON MWATM-DA%IID%0. - I. rxlw.Imu aw wM . IIWSE NUHBEIi91B AIAp6 u rnu Imuomc an rxm XupOn vxnn vno.mz.»olov� zN1A,W1 mon n+lw�]sm,Y,w )"M90e`a zNam:ow 2NFe]s� }HISS6m9loq)l • zai Ws o]9z�o» w...l:.n PORTIONS OF SECTIONS 21, 22,23, 26.27, 28.34,35 g4eS�`H'161 xeAm9ov AM.WSuxroeN A1ema.en uuba3wz T4N,R15W,Sj3M ' uAmsaA ]NemsoA)Y]A zwl®mlioon )w+z:Fmin® :. WFw mFcbwe 246 H 153 2PwwFm,mN] ]NMielro]m xoii�nsm. I.axaJO PORTION OF SECLION2 xn.wlDm xNxovm, xww.nvro oA vxobWl T3N, RIS W, $.S.14L. 248 H 157 mom♦mo }FrFaysoz mFeWmnYaW mzP »uumme E48 H 1U1 NFmwSx awaAms inlamDmoeN - iwsmsloov xw,aAm) )w,.mxw]mvu xwPorlwz.YmS mnev }wlgACW zwiommi]ovw mez+omnoms 249 fl 153 ibl0.mnOwttlnSp xmVm1-0leioml PiIMTA 1NSaa90 2MFW)-W lllaa-mzmM' iemmVa18 249 H 167 xbAWamclaw zewm+elx N+mn]W awdzam ]nMWPmuooN I 249 H 181 m,dn �,+xoml 3oro we zHemxw ' .0.2.111c znwlOONmWo lwau9aW w8xa re z umxaM,ome d ep,lN viD9v zpwmm] xnnmsW)row iw.Wv.wv ]aleo36molopn GGA - 252 H 157 aN,anamlo Wa. )mFWPeW _ 265 H 149 mleweml inwtNn - - M 255 H 153 )ne.mLaro 2G6 H 157 2Nd4 �I TIYUIImI ]N,wgallapi INLWP® i I 2wemHlp M OY W, )N+w,we)amc mexmbva)oon 'r� 1 7$6 H 145 a+5a,asaloau roly ,.naa,ma,ow vN}medm I /i I 26B H 146 Mean mz)Y9W },.,wza wiw 288 H 163 znwa,mnam TO= Num �iroWS ]nl.as.vmiom] 2M iu+abmo ziii oieDA `s✓] (� 258 H 187 DI ]HIS'81a ]N,M]'pl ,.IIaYVim )Mb„059 )HIVt8d1n 1Nla P�AWme m ,HOIEDN IN+mio„la Vn 261 H 145 1.4.:N I ,'Ia55, 3I v Fm,olo 1 iNuoaYl9elV b. v++o.+vnovv ]Nn V,)Vlo n++on.r.. i±IslxtllXt 1 I i — 281 H 149 vuova, ,noon-mY1mn 26.1 H 183 zHlms-bN ieiims.w3loov }nldlSaWlow, b1lanWs i 291 H IGT . aaF.s' zwaaAwaroWF z.11.Ynm) zws.olsas) x.aa,om)Y� :wuwaose zN++,a�3w .] iolw 33 34 ' xHlalsmv awiaimioimaa+mzma - -- 1 28411153 xwalFo.na Wb - aw+m+mz 264 H 187 SIIkO1FOt11Y73 MIg9m)Tlmn )MJ nnV101ob1) ' i9µalFLlllYal, 3N1ma03,nO eN 34. .}11IDlPem ,Nlaam„Dela mnw,>.A2 1 vu.ml.°n iwi�aauama z9NDum1 1 ,z' aNi-9bDMloam asommna )m+ma ms ]NlD}Yein BAll�a81m W1 ].4iO)Yt3al0)a1 ' .. � _ C nnmlma aNsom NPmnn xnnmi-noox'° r 36 - t awmwn )n5es5mlmae' zm+ml.,,9mn1 T4N }NYPDeM aw.m.ms zw.m,mzrow xoNm+am _ ---- 2Nlabae3 b11Az3aN ]NFm+mfIOOM ]1Nel+uA l05]V I ��i 3MPWimn tN1,W9Pe NI'YS,m1AY5] inlcxmaiovA ]H,a3)eb I I 1.•y 1 . xwmwn xN+msms � aW+msaamm I 1 2N+Dzl.m, ]Nlaba93 SNIaAmlMala - _ I��� LMl•PIWI]]Ylm iMl6lYS30mx iN19160.EmbN �—S ��— iweb.,m xwan.Aa zovdMdPlloov znlm)�mWwxe 11 � _ . ' xeaavWllooN xna.msm>room iai�i-mb •--u I — xM,.VEIaI.: ]MI.OIDOIi n16se1n,Vm, }NSaADtetOm9 x111,.w,mItO W9 SCALL• f Lit P -4000'/\00l 1 ! p _YYV �� 2NL'OA WITaeH 1HFOSq.iOpY xNFH3DI1lO0f iI1M0,p]iYOA ' 1 N iN1 W8mllanl. L-- ]wa»vbla ptt au 06�flUa[o - a W9'.. lN+WB me .4 l..V. aanMedbroms 10 iN+w]mIM IDlla,l01 anNmPpaMm, 1 _ \ M11.ml.as 91N4wL01Gi0M1 ]M3d8)m5mmt iW1-0Ii Wi I' 'p r l ei”' }{t +•>•, n v`m •y G` re, l�µ)'91W3f 61E alyTA BUM - W1 ]HlasHmv am+osiaw xMn-0nowlome - iaNa,]mIm EHmI awiasewl' IN.mlml veAwwu rr t II•�•zyY3�b�]011wX �”- 1J1�3�.(;\1p��� �Y@YT• HY F � Q1Y ¢ snHYn ax9rn , vum)Wlroon xw, H>W1loolo xeumuA zwvmwAwpl ei/1F1��11 bg➢>� 4. m.i.ils 'dl y yl n,yg�s t Fi jy jp� Q64 }�9J 6f qEMM BY.. I.A4o� ANNEXATION No. 20* �TO �.v6? /!k'" 4 THE CfTY OF SN4TA (7' ml YNmX r- �IJ16`ad!'z"y}e,�;s•!1 Z1y111 Flfl=p M➢1 IIIE C0. nE00NUER 'NSt'A GtHYOIJIfAIR ON(SIJN Me �.SORYEY�VMIIOt1RR ANNIXA71011�NXh]N'/ON�II%0\JDB601 FMR OMIe Wt MW CANYON MWATM-DA%IID%0. - I. EXHIBIT "T' LEGAL DESCRIPTION ANNEXATION NO. 2011-26 TO THE =0F3_ANT_ACLAMTA "SOUTH SAND. CANYON". EXHIBIT 'T' Page 30 of 40 Parcel 1: Those portions of Sections 1,.'2; 11 and 12 in Township' 3, North, Range 15-' West, San' 'r5ernardino Menav:LaLn in the County of los Angeles., State of California described,.as -follows; Beginn-Ing at --the Center of said Section 12; thence (L17-""along.i soutibe­rly line of t - b .. e . northwest qµarter of said Section 12 South $8055144" West 1162.49 feet •to the westerly line of parcel I as desc.ri.15ed in document recorded April 28, 1994 as instrument no. 94-818523 of officiail Records,. in the -dffice' of -the County Recorder of said county; thence (L2) along said westerly line North 00'14'28' West 2659.52 feet to the southwesterly corner of.the southeast quarter -of the southwest quarter of s-05._d*Se&fion. 1; thence (L3 along the westerly line of parcel 11 as described in. document. recorded .April 22, 2005 as instrument no. 05-0943244 of said Official' Records,, North 00*19"41" East 1372.20 feet to the northwesterly corner 'of said southeast quarter of the . -southwest. quarter; thence .(L4) along the southerly line' -of parcel I as'described in document recorded April 22, 2005..as, instrument' no. 05-09432.44 of said X.-\PMaN\VCMD =M\1EG=M==S\8000 MM=3=\84G2 MG.DOC • II I' EXHIBIT' T, Page 31 of 40 V O.iicial Records, South 89°06'32 West 1136.49. feet to the, easterly line of the southeast quarter .of said Section 2i: thence.` (LS) .along last said easterly line South •00°23'15" Fest 1345.26 ' feet to the southeasterly corner o£ said Rection 2; thence (L6) along .the 'southerly line' of the southeastquarter of said.. Section 2 North 89°20110" West 674.28 feet ,to the easteily. line of parcelum ,5 as described in said docent recorded 'April 22, '2005; thence ' ;(L7) along last said easterly line South 00017'18'" Wast 1346.09 feet 'to ttie southerly line of said parcel 5.;, thence {L8) along last ,said southeriy line North 89°241.23" West 1348:60. feet to the westerly"line of said parcel 5; thence (L9) along last said westerly line North 00°17'26" East 1347:75 feet to the southerly line of the,`southeast .quarter of said, Section 2; thence . (L1D), a]ong last said southerly line South 89°20'10" East 33 .14 _ ......._..._ n as described iri said arcel feet to the westerly, line of p. document recorded April' 22, 2005; thence (Lll) along 'last said Westerly line North 00031130" East 1346.96 £aet to the southerly line of parcel, "1 as ' described in docimment recorded December '2, 2002 as instrument no. 02-2914078' of, said Official Records; thence (L14' along last said southerly line North 89°16'41" West 1009._49 feet to the 'westerly line of the nortiwest quarter of the southeast quarter of said Section 2; thence' (L13) along last said westerly Line North 00°36'27" East 1347.98 feet to the northeast corner of the southwest quarter of said Section 2; thence•... anter o (L14)' along the northerly line of said southwest• qu' Section 2 North 69°13'10•" West 1328.21. feet. to the westerly line X:\ADMIN\AORDZt !#Y-S\LEGAIi6\6�ITS\8000 EXHIST_T6\8562 E'%�• `� _ M of I EXHIBIT 'T' Page 32 of 40 the. land described in documi.-nt zecftded•. June 07, 2006 as instrument no. 06-1253118 of said OjWicial 'Records; thence'- (L15) hence -(L25) along last said westerly line and its northerly prolongation North .00`211141' East 174.87 feet -to a point on the centerli-ne of Placerita Canyon Road being a point on a curve concave northwesterly having a radius of 1500.00 feet, a radial - .line through last said point bears North 050101611 West;. thence (CIG). northeasterly along said curve and said centerline through a central angle of 27*11'33" an arc distance of 712.90 feet to a point on the..wester-ly -1-itie of. the. east half of the southeast quarter of the northwest quarter of said Section 2 a,6 described in document recorded July 12, 2007 as instrument no. 20071654941 of said -Officiate'-Records; thence .(L27) along last said westerly Iiite,,North 00'28'55." East• 318.•70 feet to a point on the southerly boundary of Parcel *Map No. 7096 as shown on map filed in Book 108. pages 33 and 34 of Parcel Maps, in said office of the.county Recorder, thence jL18) along last said southerly b.oijndary South 89030'04" East .667,02 feet to the easterly boundazy of.said Parcel MAp No. 7096; thence (LI9) along 'last said 'easterly boundaiy North 00036127" East 219.37 feet to a point on said centbrlint of Plad—erita Canyon 'Road; thence (L20) along last said centerline the following seven coursep, North 50°56'00 East 684.39 feet to the to the beginning- of a tangefit curve concave southeasterly having a' radiu s of 1000.00 feet; thence (C21) northeasterly along last said curve through.a. dentral angle of: 17'49'10" an arc distance of 311.01 feet; thence X-.\AD=\WORr) DOCS\ZW.MS\7M13ITS\8000 MEMITS\8562 MM.DOC Ory I • EXHIBIT 'T' \l Page 33 of 40 ��• 'YL22) tangent to last said curve North 68°45'10" East 165.73 feet .. 'L2 to the beginning of a tangent curve.:,concave-northwesterly having a radius of 800.00 feet,, thence ('C23) northeasterly along last said curve through a oentral. angle of' 16°03'00".an arc distance of 224.10 feet;' thence (L24) tangent to last said curve 'North 52042'10". -East 101.75 feet . to.the beginning of a tangent curve concave southeasterly having ''a radius of 500.00.feat; thence (C25) northeasterly along last said curve through a central''angle ". of 36°17' 40" an. arc distance of 316.73 feet' to a Point on': the boundary of the City. of Santa Clarita as the same existed February 14, 2011; thence (L26) continuing along said centerline and. said bavndary and tangent to last said cur=ve North' 98°'59•,' 50" .East 1072_ 47 feet to ''^an an le point in said boundary- on the Centerline of Sand Canyon (L27) .along said boundary and said centerline of Sand .Canyon Road the following 11 courses and cu ves, South 11°09'05" East 473.95 feet to the beginning of a tangent curve concave northeasterly having a radius of 300.00 feet; thence (C2B). southeasterly along last said curve through a central' -angle of 76°45140" an arc distance of 412.39'feet; thence (L29) ' tangent to last said. curve'South' 890.54'45" East' 166._04 feet to the beginning of a tangent curve concave northerly. •having a radius of 1000.00 feet; thence (C30) easterly along last said curve 1. through a central angle of 25°44'50" an arc distance of 449.37 feet; thence (L31) tangent to last. said curve North 64720'25" East •213.03 feet.. to the of -a tangent curve'concave northwesterly having a radius of 2.00.00 feet; thence X:\ADLrN\WOPD D=8\LSGBL9\EXMjTa\B000 EWBITSV562 =E -DOC "9 i EXHIBIT "2" Page 34 of 40 :1(032) northeasterly along last said curve through a central angle of 31014110" an arc.distance of'109 43 feet; thence. ;'(L33)' tangent to last said -curve North'33°06'15" East 95.70 feet to the beginning of a tangent curve concave southeasterly having a. radius of 200.00 feet; thenoe (C34) northeasterly along. last said centerline and last said curie through -a central angle of 42150120ff ,an arc distance of 149.54 feet; thence (L35) tangent to last said curve North 75'5&'35" East, 670.52 'feet to the beginning of a tangent curve concave .southerly 'having a radius of 300.00 feet; thence i' • (C36) easterly along last said curve 'through a central ' angle of 33°20'30" an arc distance of 174.58 feet; thence. (L37) tangent to last said curve South 70°42153" East 108.17 feet to the easterly line of the west half of said Section 1; thence jL3s)......leaving said. ,City Boundary and along last said easterly .. line South '00016115" West 5075.40. feet to the south quarter .corner of said Section 1; the -ace •(L39) along the easterly line of the northwest quarter of said Section 12 South 00'46156" East 2628.75 feet to the point'.of Beginning. Contairang 634.47 'acres, more or less. PARCEL 2: Lots 3 and 4 in Section 36, Township 4 North', Range 15 West, San .. ' Bernardino Meridian in the County of • Los Angeles;'.: State of ' California according the official plat thereof 'on file in the . Government Land office described as a whole as follows:. Y:\UbUN\MRD DOCS\L£G8L5\ZXffMTS\8000 8I MT8\8562 MM.DOC `. i 4R` ' V EXHIBIT "2" Page 35 of 40 F:. hBeginning at the southeast corner, o£ said Section'36; thence (L1). along the. southerly line of said Section.36 South. 87°04'10" ' West 2267;96 eet to'�he westerly line .of said Lot.3; thence' (L2) along said westerly line North 03°26'48" West :I144.26.feet to the north line of said Lot 3; thence (L3) along 'the northerly lines' of said Lots, 3 and 4 .North 89°A8''42" East 235.0.47 feet to the easterly 'lice. of said Section_ 36; thence rly lane ' South 00°55`26.' West 1034.10 feet to (La) along said easte the -Point of Beginning• Parcel 2 containio'g 57.68 ,acres, mote or less_ Parcels 1 and 2 contain 692.15 acres,: more or less, in their aggsegatz•. %:\AMEV\WORD DOCS\LDGALB\+MMnITS\Bo00 Ex-m'T8\8562 E7�•'DOC '` P I 1 t =H166 SCALE! 1•+2000 ASSESSO A PMOtl, i is/aaaxu . zOnB-0111 29/wu- 923 2anea1s9yn ' zanea12az8 1619-012UZa 21a&=Z& n . Z801 OU442 M&012-oan i&19a14U1a 2610x2zxs8 zm) zas8 1Un9a11as9 28/&012-89 1848x12-080 2816012-878 248-12x71 2816011x78 ' ]998-012x]> Z948x1&U14 2148-13x18 2840-018x1] 2848-11x19 ze/nx14x1e- . 1e4eainai] zanlaz9a9s � 7,819-029-006 8'4848-029-0D7 i z9a9ax9.a99 i z919.9zsxos 1 zanam9.9u � zen&429x4„ Z848xz9x19 ' 349-08$081 � � 248-028x01 2e4exa&w9 ' 2Nex3501b . I nssEs6oN rMca.114ueacs MR z &085-0]s ID O]6 ro h7 � x nx - w o y �CLAMTA AM 1 o ni SOALEi ANNEXATION No. 2L 1• . zmv TO THE U,Y OF SANTA C ANNEUTION NO. 2011-75 TO T1HE QTY OF SANTA OLARITA `WORLAND-ROBINSON RANCH Those portions of Section 13 and of the northeast* -quarter of Section 24, all in Township 4 North, Range 15 West, .San Bernardino .meridianin the county of Los Angeles, State -of California described as follows: Beginning at the northeast corner of said Section 24; thence (ul). along'the.easterly line of the northeast quarter of said Section 24 '$PLth 00"231250- West 264.9.07 'feet to the southaaste_ly corner of 'the northeast (Taarter of said Section 24, said corner being a`± alcjle poi'at. ice" ' . the boundary of the City pf Santa Clarita as the same existed on )Pebrtiinry 2011, thenge _ (L2)_?long said' City Boundary the -following cCtirses and cm. -res South 89053'52" West 1318.81 feet; thence (L3) North 00°16128" East.2340.95 feet; thence (L4) South 70026'05" Triest 640.20 feet; thence (15) North 1'9°3315511. Wgst 367.72 feet to a point on a curve concave. nosthwes,terly.having a -radius of 1522.47 feet, a radial line through said Point bears North 33017102" West; thence (C6) nor;.heasterly along said curve through a central angle of 10"18'51" an arc distance of 274.07 feet; thence (L7) non -tangent to said curve South 89°44'42" West 346.96.feet; thence (LB) North 49°22'39" East 262.45 feet; thence (19) North 00°17103" East. 377.03 Feet to a point on a curve. concave northerly having a radius of 2469.00 feet, a -radial line' through .iast said point bears North 14°15151" West; thence =0- westerly along last said curve through a central angle of 16°201.51" an arc distance of 704.45 feet; thence X:\ADtQN\D0.iD DDCS\ZZ4RW\:'7o3ITS%8000 ZXMITS\6363 MM.DCC \ , 0 EXH1131T 'T' Page 38 of 40 -(til) tangent WO last, said curve North 87o55rao'hwn t 16r4*a4isuB s feo6ft 1t0o00t-h0e0 beginning of -a tangOntcurve concave northerliA .... feet; thence 'entra_:L angle of o'221 D3' averse (P12) westerly PI ong last said curve through. tangent e an &rr.beginning Of 146.0� feet to the of us of 1000.00 feet.;. thence ceve S�oufpsrjv having a radius con through a central a3igi e . of -1D°56'29" Xv-e - westerly along last said cu -j90.96 feit; thence an arc distance of eq.30134r, West 1232,5.6 feet;, last said 6u --vs South (T -I 4) tangent to thence the centerline of F West 895.35 feet to a Point on (115) North 00*02'4 1&); then,ce . Antelope Valley.Treevay (Stats aighw4�y to the line South 8803.1145" East 1255.7.5 feet along said canterradius' of R. beg-j=ing' of' a' tangent curve conce'O t northwesterly having 5800.00 fe�et,' -t-1,91ici last said cu-mve (C17.) northeasterly along said centerline mad along tial:an arc distance 2099 -*83 to ls of 29044136" ..Ug the.-�!-and I-Inq5- *of -6f the--v-tferly 'he1"' ' br6longatl"On of :the nQrir -Y I T pointtin document recorded 'August Olr 198B as --ns lent described i5 Parcel* I Cbunty. Recorder it the office of the Rocord No. 88-1209616 of OffiCiBl Records' of said county; thencezpd along ud along said prIlOngat-'O" leaving said City 50und�ry a st 491..67 feet to the northerly line said westerly line South 00°17'03" We 27y February 2'71 1968 of - -.-che land described as Pa-rcel'l it document', recorded as Ic! thence natr=&at Igo_ .3275 of said Official Reords" .89-4215�East 20D.00. feet to tb-p- (119) along said northerly line -South I thence westerly line of last said Pa --cel 1; t 200.00- feet to, the easterly line $0u:t4 00017;030 (L20) along said . line of last said Parcel -.1,; thence southerly Borth 89942f57" West 2DO.00 feet' to .the (121) along said southerly line . -westerly li of Pal '.1 1 tL3 described in document 'sLid recorded Auguit ()I', 1968, thence XAMWEN a i� EYI IT"2" j' Page 39 of 40 I ` A(L22) along last said westerly line 'South 00°17"03 West.8,41.67 feet to tae southerly line o_'last.said Parcell; thence .(L23) along last said southerly line North 89°40'54" Sast 465.86 feet to., the southeasterly fine 9f last. said Parcel 1;. thence (124) along Said southeasterly Sine North 43°1114T East .94, 85 feet to. the beglining df a tangent curve concave southeasterly having a —radius of 1532.47 feet; thence (C25) northeasterly along last said curve and along said, southeasterly line through a c=entral angle of 33°1200" an arc distance of BB7.99 feet; thence (L26) iron -tangent to last said curve and along last said southerly. line North 80041'09" East 112:38 feet; thence (L27) continuing along last said southerly line North 87°05'09" East 594.12 feet'to the easterly line of the southeast quarter of said Section 13; thence (L28) along last said easterly line South 00026142" West 1218.04 fe=t'to the'Point.of Beginning. Containing 204.32 acres, -more or less. 4 ' X:\ADM\WORD DOCS\I5GAi.5%M=BYRS\8D00 MdTI ?RS\8563 =.DOC \ \ ' I ti = . I Ma -KBIT "2" z Page 40 of 40 d s � Z�r gC�RSR''rvR ery,. eg I t h h EXHIBIT 3 (Franchise Fees) Franchise Fee Amount Throughout the Term of the Assigned Agreement, Franchisee must pay to City a Franchise Fee in an amount equal to 10% of the Gross Receipts derived by Franchisee from services provided in the City pursuant to the Assigned Agreement. The Franchise Fee must be submitted along with a report of the revenue upon which the franchise Fee is calculated by month and service category such that Gross Receipts from all sources of revenue are easily identifiable. EXHIBIT 4 (Indemnification) 1. Indemnification Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) 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 (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement; (2) the failure of Franchisee, its officers, employees, agents, companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Franchisee elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Franchisee. Franchisee, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 2. Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Franchisee specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of franchisee that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. B. Franchisee's obligations pursuant to this Section shall apply, without limitation, to: 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Franchisee of any facility; 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee or any Affiliate of Franchisee. D. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. F. In the event City directs Franchisee to dispose of Solid Waste Collected pursuant to this Agreement at a facility designated by City, Franchisee shall not be required to provide the indemnification set forth in this Section 9.2 with respect to Claims arising from allegations relating to the handling and/or disposal of such Solid Waste after it is delivered to a City designated facility (although this exception shall not apply to any other Claims relating to said Solid Waste); provided, however, this exception to the indemnification requirements of Section 9.2 that would otherwise apply shall not apply in the event the City designated disposal facility in question is either owned or operated, in whole or part, by Franchisee or any Affiliate. 3. AB 939 Indemnifications and Guarantee A. To the extent authorized by law, Franchisee agrees to indemnify and hold harmless the City from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by the City with respect to the waste stream Collected under this Agreement. B. Franchisee warrants and represents that it is familiar with City's waste characterization study as set forth in City's SRRE, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the 50% diversion goal set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. EXHIBIT 5 (Insurance, Bond, Letter of Credit) 1. Insurance Franchisee shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Franchisee's performance hereunder or the actions or inactions of any of Franchisee's officers, agents, representatives, employees, or subcontractors in connection with Franchisee's performance. The insurance requirements hereunder in no way limit Franchisee's various defense and indemnification obligations, or any other obligations as set forth herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). 2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance. Franchisee shall maintain in force for the term of this Agreement limits no less than: 1. Comprehensive General Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, Personal injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 2. Automobile Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per accident for bodily injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by City. If, in the reasonable opinion of the City, Franchisee does not have sufficient financial resources to protect the City from exposure with respect to any deductibles or self-insured retentions, at the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention's as respects City, its officials, employees and agents; or Franchisee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Franchisee; Premises owned, leased or used by Franchisee; or vehicles owned, leased, hired or borrowed by Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers. b) Franchisee's insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Franchisee's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers. d) Coverage shall state that Franchisee's insurance shall 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. 2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Franchisee for City. 3. All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, 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. E. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better. F. Verification of Coverage. Franchisee shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Companies and Subcontractors. Franchisee shall include all companies and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each company and subcontractor performing work within the City. All coverages for companies and subcontractors shall be subject to all of the requirements stated herein. H. Required Endorsements The Workers' Compensation policy shall contain an endorsement in substantially the following form: "Thirty (30) days prior written notice (ten (10) days in the event of cancellation for non-payment) by certified mail, return receipt requested, shall be given to City in the event of cancellation, reduction in coverage, or non -renewal of this policy. Such notice shall be sent to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 The Public Liability policy shall contain endorsements in substantially the following form: a) "Thirty (30) days prior written notice (ten (10) days in the event of cancellation for non-payment) shall be given to City in the event of cancellation, reduction in coverage, or non- renewal of this policy. Such notice shall be sent to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 b) "City, its officers, elective and appointive boards, commissions, employees, and agents are additional insureds on this policy." c) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." d) "Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Franchisee. This policy shall protect Franchisee and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Franchisee's liability as set forth in the policy beyond the amount shown or to which Franchisee would have been liable if only one party had been named as an insured." I. Delivery of Proof of Coverage. Simultaneously with the execution of this Agreement, Franchisee shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall have all required endorsements. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City. Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term. J. Other Insurance Requirements In the event any services are delegated to another company or subcontractor, Franchisee require such franchisee or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the Franchisee or subcontractor's employees engaged in the work in accordance with this Section 1. The liability insurance required by this Section 1 shall cover all Franchisee or subcontractors or the Franchisee or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 1. 2. Franchisee shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Franchisee from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Franchisee or any franchisee or subcontractor on account of any occurrence related to this Agreement, Franchisee shall promptly report the facts in writing to the insurance carrier and to City. If Franchisee fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Franchisee's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Franchisee. 2. Faithful Performance Bond A. Prior to the Commencement Date, Franchisee shall deliver to City a performance bond in the sum of the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void at the conclusion of the term of this Agreement only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. B. In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the performance bond, Franchisee shall restore the performance bond to its face amount within 30 days of the City's declaration. Failure to restore the performance bond to its full amount within 30 days shall be a material breach of the Agreement. 3. Faithful Performance Letter of Credit A. In addition to a corporate surety bond as noted in Section 2 above, Franchisee shall furnish an irrevocable letter of credit drawn upon a financial institution with an office within one hundred (100) miles of City in the amount of Two Hundred Fifty Thousand Dollars ($250,000), in a form acceptable to the City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall be the sole responsibility of Franchisee, and shall be released within thirty days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Franchisee's satisfactory performance of all obligations hereunder. B. Thirty (30) days following City providing Franchisee with written notice of its failure to pay City any amount owing under this Agreement, the LOC may be drawn upon by City for purposes including, but not limited to: Payment of sums due under the terms of this Agreement which Franchisee has failed to timely pay to City 2. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Franchisee. City may draw upon the entire Letter of Credit and convert it to a cash deposit if Franchisee fails to cause the Letter of Credit to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the term hereof. EXHIBIT 6 (Existing Roll -Off Agreement) IN 'J Temporary Bin and Roll -Off Box Solid Waste Franchise Agreement Between The City of Santa Clarita and Consolidated Disposal Sen7ice; L.L.C. City of Santa Clarita Contu N //� `' �[ r,xv*raryowand Roll -Off Box Solid Waste the CRY o«xRU*oarimand cw,mumedDisposal Service TABLE. OF CONTENTS � PS^05~08'09 � Recit�u.'...-.,-..-^^^^^^~~~~~-~^^-^^-~^^~--^^'~~'~-~'^^-~^^ l 3muboolGrant of]�oncbioe..,...-...^.._^.'~~---^~.-.~^^~^^-~^~~~ 4 Section Reimbursement of City Expenses ..,-....~~'~--.~~'-.-.......n SoC�Vn3Tozo�Ext��uVo--~,~-.-.~..~^~~.~^^~^^-~^-~~^^^^^^~^-^ 6 3ocduo4T)o�oiduoa,.....,.....^-..-^~.~~^^.~.~^-^^~^~'^~-~^^^~-` � 6 Dtcbuo5 with T~uv/xand uos...-~.~~~.~.^,~^~'-^^'^~- 4 � Soo�Ou6Types and Vf Snr/�e...-~.~.'~.,^~..~°,~,~~^'^~~^^. � � S ec�nu7<�u�cc�no ,~.......~..-~.~~-^~~~^~~^~"~-~~~^~^^^^. I . � � � Section .-..~^~~.-~--~^--^^-~~~^^^~^'-~^`-°~-~'^-~~-- l� � Section QService ons; Hazardous Waste Notifications ........................................ l3 Dnc�oulOCootoozcrService ......-~....,.~..''°~^`--^^^~^~~~~`-~^^ l4 SnC�null ofSO�dT�a�e.--..^.~.~~~-.^~~~,._~`._~.~^`^,^~. � l� � \ Section 12Marketing OfRecyclable Solid Wastes ........................................................... l5 S:c�ool3T�Dioo..._..-~~-~~~~~..-,^,_,~~~,^,~,,^,,~,,,,_,_,,, � l� � � � Section l4Consolidated Disposal Service's Books and Records; Audits ........................ 16 � Section 15 Waste Management �`ct ~_.~~~-^~. ' � }7 }6Activities and Financial Reports; Adverse Information .................................. l7 �Section Seu�oul7}udo�o�fica�onand Insurance ....,...~~.~.^^~..~~^~~^^~.~^~~... � � � 243uc�Oo}8{�ashBnudo......~...^~~.,.~.,~,^..^~~^-^'~~~-~~'~^~"~. Section 19 Service -....-~...^.--^-~~'~~-^^~-^~~-^--^'`~-^ %� � � �� �� ����� ��c�00%����o��obzK�v��a�un�u��]�o�o uu u��uQ�o� ..°-~..~ � � Sao�o82lRefe�alt0}�ef�ee|I�eajngProcedures ,..°°."^°°.~°",°..~^.~-^~..' � Hearing �� ( Sec�on 22[]kys Addi�(u1a]ReIueci�;^".~..~^^~^-"~^~^~"^~~°"~~^°^~^~^. � ' � � Seu�nn23 Franchise Tran s�r;City ]�eus~.....-....~~.^~.;-.-~~~.' �� � Soc�VU24(�onor���0Yi8no8,....^..~°~.°"~~",~`~~^~~~~^~~~^~°-^^^~^~ �7 Bxh�����(�zun�Uy..-.°..~..'~^..'.^-~~~-~^^~~.~~^°~-~~~°~.^^~^^^°~ [�l � PS^05~08'09 � Temporary Bin and Roll -Off Box solid Waste Agreement Between the City of Santa Clarita nod Consolidated Disposal Service Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Consolidated Disposal Service, L.L.C. This "Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clartta and Consolidated Disposal Service, L.L.C." ("Agreement' or "Temporary Bin and Roll - Off Agreement') between the City of Santa Clarita, California, a California city, ("City') and Consolidated Disposal Service, a Delaware corporation, is made and entered into on the w� day of , 2001, RECITALS WHMEAS,. Article XL, § 7 of the California Constitution authorizes cities to .protect public health and safety by taldng measures in furtherance of their authority over police and sanitary matters; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for solid waste attributed to sources within their respective jurisdictions; and WHEREAS, California Public Resources Code § 40059 provides that aspects of solid waste handling of local concem include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of non- exclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which maybe granted by local government under terms and conditions prescribed by the gov- erning body of the local agency; and WHEREAS, Chapters 15.44 and 15.46 of the Santa glarita Municipal Code implement Article XI, § 7 of the California Constitution and California Public Resources Code § 40059 in the City of Santa Clarita; and WHEREAS, City is obligated to protect the public health and safety of the residents of the City of Santa Clarita and arrangements made by solid waste enterprises and recyclers for PS -05-06.09 Tamporary Bin and Roll -Off Box Solid Waste Agreement Between the Clty of Soata Clarita and Consolidated Disposal Service the collection of Temporary Bin and Roll -Off Solid Wastes should be made in a manner consis- tent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, By advertisement and solicitations by mail City invited solid waste enter- prises, without regard to prospective proposers' places of business or prior service areas (in an effort to attract proposals from the widest possible range of qualified proposers) to propose how Temporary Bin and Roll -Off Solid Waste services might be, provided in the City in a safe, effi- cient manner which protects public health and safety and implements measures consistent with the City's Source Reduction and Recycling Component in order for the City to reach the diver- sion goals mandated by the California Integrated Waste Management Act of 1989, as amended, Public Resources Code §§ 40000 et seq.; and WHEREAS, By its advertisements and solicitations, City received expressions of inter- est and suggestions from numerous prospective proposers, including proposers with corporate headquarters located outside the State of California, and City, in evaluating proposals, consid- ered factors which included, but which were not limited to cost, quality of service, proposers' ability to implement measures to comply with AB 939 and proposers' ability to meet the obli- gations of indemnification provisions and traffic and air pollution impacts, but did not favor in- state or local firms nor discriminate in any way against firms with out-of-state affiliations or corporate offices; and WHEREAS, City and Consolidated Disposal Service are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of Temporary Bin and Roll -Off Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compen- sation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq.; the laws governing Universal Wastes, Universal Waste Electronic Devices ("UWEDs"), and other Universal Wastes, includ- ing, but not -limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other.lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batter- ies, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline bat- teries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazard- ous waste), mercury thermometers, mercury -containing switches; and WHEREAS, City and Consolidated Disposal Service desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as .those terms are used in the context of CERCLA § 107(a)(3) and that it is Consolidated Disposal Service, an independent entity, not City, which will arrange to collect Temporary Bin and Roll -Off Solid Waste from Premises in 2 PS -05.06-09 Tempora:�' Din and Rol) -Off Box Solid waste lagrecamni Between theCity of Santo Clarlto and Consolidated Disposal service the City of Santa Clarita, transport for recycling and disposal and dispose of Temporary Bin and Roll -Off Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable Solid Wastes from Premises in the City of Santa Clarita, and collect and recycle or dispose of Construction and Demolition Materials; 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 therefore Temporary Bin and Roll -Off Solid Waste must be exported from the City; and WHEREAS, City and Consolidated Disposal Service agree that, subject to City's exer- cise of its reserved flow control right under Section 1.H of this Agreement, it is Consolidated Disposal Service, and not City, which will select the landfill or transformation facility destina- tion of the. non -recyclable Temporary Bin and Roll -Off Solid Waste and Construction and Demolition Materials ("C&D Materials") which Consolidated Disposal Service will arrange to colleot, that City has not and, by this Agreement does not, instruct Consolidated Disposal Ser- vice on its collection methods, nor supervise Consolidated Disposal Service in the collection of waste and nothing in this Agreement or other action of the City shall be construed to give rise to any inference that the City has any title, ownership or right of possession of such Temporary i1 Bin and Roll -Off Solid Waste; and WHEREAS, Consolidated Disposal Service represents and warrants to City that Con- solidated Disposal Service has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting re- quirements under the Act, to meet the diversion goals proposed by Consolidated Disposal Ser- vice, to meet City's other requirements, to arrange with persons in charge of day-to-day activi- fies of Premises in the City of Santa Clarita for the collection, safe transport and disposal of Temporary Bin and Roll -Off Solid Wastes which may contain small amounts of household products with the characteristics of Hazardous Wastes, or Universal Wastes, in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Consolidated Disposal Service has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City would not enter into this Agreement with Consolidated Disposal Service unless Republic Services,.Inc. provides a Guaranty in the form set forth in Exhibit A and the Guarantor, as a material, inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver the Guaranty and to agree to and be bound by its terms; and PS -05-06-09 Temporary nkt and Roll -Off Box Salid Waste Agreement neriveen the City of Santa Cloth/ and Consolidated Dlspasal Service WHEREAS, the City Council of the City of Santa Clarita determines and finds pursaant to California Public Resources Code § 40059(a)(1) that the public interest, health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from exces- sive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Component, and in an effort to reduce the City's potential CERCLA liability, would be served if Consolidated Disposal Service were to be awarded an exclusive Franchise for collection, recycling, diversion and disposal of Temporary Bin and Roll -Off Solid Waste from premises in the City of Santa Clarita. NOW, THEREFORE, the City and Consolidated Disposal Service agree as fol- lows: Section 1. Grant of Franchise A. Binding Agreement. In consideration of the execution of and the mutual promises contained in this Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Consolidated Disposal Service, City and Consolidated Disposal Service enter into this Agreement. B. Grant of Franchise; Exclusions. Consolidated Disposal Service, and other solid waste enterprises, if any, granted similar franchises, shall have an exclusive duty, right and privilege to collect, transport, process, recycle, compost, retain and dispose of all Temporary Bin and Roll -Off Solid Waste, as defined in this Agreement, produced, generated and/or accu- mulated at premises in the City, except as provided below. The collection and disposal of resi- dential solid waste from Single Family and Multi Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate `Residential Agreement." The collection and disposal of Construction and Demolition Materials from resi- dential and commercial premises through the use of roll -off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, us- ing equipment owned or leased by the contractor, is not within the scope of this Agreement. C. 'Exclusive Franchise." Consolidated Disposal Service agrees that this Agreement is an "exclusive franchise" as that term is used in Public Resources Code § 49520. Consoli- dated Disposal Service aclmowledges and understands that City may grant more than one ex- clusive franchise, to more than one solid waste enterprise for the services to be provided pursu- ant to this Agreement. D. Waiver of Rights. Consolidated Disposal Service waives any right it may have to challenge the terms of this Agreement under federal, state or local law, or administrative regu- 4 PS -05-06-09 Traaporary Bin and Rall -Off Box Solid Waste Arreemont Between the City of Santa Cim•lia and Consolidated Dispose) Service lation, except as provided in the'dispute resolution provisions of Sections 20 and 21 of this Agreement. Consolidated Disposal Service waives any right or claim to serve Premises in the City of Santa Cltuita as its boundaries exist as of the date of execution of this Agreement under any prior grant of franchise, contract, license or permit issued or granted by City relating to the waste strum covered by this Agreement and including whatever, if any, rights Consolidated Disposal Service may have under the Public Resources Code or prior law. E. Gardeners and Landscapers. This Agreement shall not prohibit gardeners and landscapers from collecting, transportingand composting or disposing of Green Waste, as long as they transport such Green Waste to a Compostable Materials Handling Facility or a Green Material Composting Facility, as defined in 14 CCR § 17852, or other site permitted (or ex- empt from peirnitting) by the California Integrated Waste Management Board, or its successor agency, in accordance with all governing laws and regulations and submit reports required by- City. yCity. F. Sale or Gift of Recyclable Materials. Any person may sell Recyclable Materials or give away Recyclable Materials to persons or entities oLhmthan Consolidated Disposal Service However, in either instance: (1) the Recyclable Materials must be segregated from and not mixed with Temporary Bin or Roll -Off Solid Waste; and (2) the seller/donor may not pay the Obuyer/donee any consideration for collecting, processing or transporting such Recyclable Mate- rials, or as a consultation fee for recycling services. A discount or reduction in price for collec- tion, disposal and/or recycling services for any form of unsegregated or segregated Temporary Bin and Roll -Off Solid Waste is not a sale or donation of Recyclable Materials and such Tem- porary Bin and Roll -Off Solid Waste does not qualify for this exception. G. Annexation. Territory annexed to the City which is not within the service area of another solid waste enterprise which qualifies under Public Resources Code § 49521 to con- tinue to provide Temporary Bin and Roll -Off Solid Waste services shall be added to the Fran- chise covered by this Agreement, In the event that an annexed area is added to the Franchise area, City and Consolidated Disposal Service agree that this Agreement shall supersede any previous franchise agreement, permit, or license granted to Consolidated Disposal Service by another public entity with'respect to the collection of Temporary Bin and Roll -Off Solid Waste within the annexed area. H. Flow Control • Reservation of Rights. City reserves whatever, if any, rights to ex- ercise solid waste flow control which may provided by Congress. PS -05.06-09 Tempornry Rin mild Roll -0¢ Boz SORd Waste Agroemmat Betwcen t1le Cfty of so,= ctarlta and consolidated Disposal Service Section 2. Reimbursement of City Expenses Not Required. Consolidated Disposal Service shall not be required to reimburse City fol- expenses, in- cluding staff time, consultants' and attorneys' fees and expenses associated with granting this Agreement. Section 3. Term. A. Collection services under this Agreement shall be provided for a period of five years, commencing on January 1, 2006, and ending at midnight on December 31, 2010; unless sooner terminated. B. Sections 9, 16 and 17 of this Agreement also require Consolidated Disposal Service to provide services (e.g., access to landfill destination information, insurance and indemnifica- tion and an insurance policy repository) beyond the period during which collection services are to be provided pursuant to this Agreement. Section 4. Definitions Whenever any term used in this Agreement has been defined by the Santa Clarita Mu- nicipal Code ("Municipal Code") or Division 30, Part 1, Chapter 2 of the California Public Re- sources Code, the definitions in the Municipal Code or Public Resources Code shall apply un- less the term is otherwise defined in this Agreement. A. "Act" or "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 and as implemented by the regulations of the California Integrated Waste Management Board, or its successor agency. B. "Agreement" or "Franchise Agreement" means this written Agreement between the City and Consolidated Disposal Service, and all exhibits and documents, including Con- solidated Disposal Service's Service Proposal, dated October 7, 2005, and all supplements to those respective proposals, governing the provision of Temporary Bin and Roll -Off Solid Waste Services as provided in this Agreement. See Section 24.J, below. C. `Bins" or "Solid Waste Bins" means those containers provided for the temporary accumulation and collection of Temporary Bin and Roll -Off Solid Waste from Premises. Bins are usually two or three cubic yards in size, or larger. PS -05-06-09 (D Temporary Bin and Roll -Off Box Solid Waste Agreement Behveni the City of Santa Clarita and Consolidated Disposal Service !� A 'Talky Goods" means large and small household appliances, furniture, carpets, mattresses, White Goods, oversized yard waste such as tree trunks and large branches if no lar- ger than two feet in diameter and four feet in length and similar large items discarded by Com- mercial service recipients. The term "Bulky Goods" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like. _ E. "City" means the City of Santa Clarita, California. F. "Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code •§ 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, and rubble, resulting from construction, remodeling, re- pair and demolition operations, but does not include asbestos -containing materials. Construc- tion and Demolition Materials, but not asbestos -containing materials, are within the scope of this Agreement, subject to the licensed contractor exception in Section 1.B, above. G. "Consolidated Disposal Service" means Consolidate Disposal Service, L.L.C, a Delaware corporation, a party to this Agreement. O H. 'Tranchise" means the exclusive right and privilege granted by this Agreement. L "Franchise Fee" means the fee or assessment imposed by the City on Consolidated Disposal Service because of its status as party to this Agreement and which, inter aria, is in- tended to offset the City's expenses in administering this Franchise and to compensate City for damage to its sweets, sidewalks, curbs and gutters and other infrastructure resulting from Con- solidated Disposal Swvice's.exercise of this Franchise, the expenses of administering the pro- gram for the Temporary Bin and Roll -Off Solid Waste stream, reporting requirements under the Act and other related expenses. I "Green Waste" or "Yard Trimmings" means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of residential landscapes or gardens including, but not limited to, yard clippings, leaves, wee trimmings, prunings, holiday trees free of flocking and metal, brush and weeds and incidental pieces of scrap lumber, separated from other forms of Temporary Bin and Roll -Off Solid Waste. "Green Waste' does not include yucca or palm fronds, which are not suitable for com- posting. I{. "Gross Revenues" means any and all revenue or compensation in any form, de- rived directly or indirectly, of Consolidated Disposal Service, Republic Services, Inc. or their subsidiaries, or other affiliates of Consolidated Disposal Service in which Consolidated'Dis- 7 PS -05-06-09 Temporary Bin and Roli-OR Bm Solid Waste Agreement Between the City of Santa Clariln and Caw,,Udeted Disposal Service posal Service or Republic Services, Inc. or either of them, has a financial interest,`or :he col - cling, diversion and disposal of solid waste pursuant Lc lection, transportation, processing, recy this Agreement, in accordance with Generally Accepted Accounting Principles, including, but not limited to, monthly customer fees for collection of Temporary Bin and Roll -Off Solid Waste, without subtracting Franchise Fees or any other cost of doing business, but excluding revenues from the sale of Recyclable Materials and Recyclable Solid Waste. L. "Hazardous Waste" means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste' pursuant to the Resource Conservation and Re- covery Act (RCRA ), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Re- sponse, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpen- ter -Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health & Safety Code §§ 25300 er seq.; and all future amendments to any of them, or as defined by the California Integrated Waste Management Board, or the Department of Toxic Substances Con- trol, or a successor agency. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" Shall be construed to have the broader, more encompassing definition. M. "Premises" means all premises in the City, other than Single Family and Multi - Family Residences, where Temporary Bin and Roll -Off Solid Wastes are generated or accumu- lated. The term "Premises' includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste); federal, state, county and local governmental facilities, including, but not limited to schools, school district offices, special districts and water districts (to the extent authorized by law); but does not in- clude Single Family or Multi -Family Residences. N. "Recyclable Material' means a commodity which is sold for compensation, or given away, but which is not discarded into the Commercial waste stream. A Recyclable Mate- rial which is discarded into Temporary Bin or a Roll -Off Box loses its character as a Recycla- ble Material and becomes Temporary Bin and Roll -Off Solid Waste subject to this Temporary Bin and Roll -Off Agreement. 0. "Roll -Off Box" or "Roll -Off Box Service" means solid waste containers, or ser- vice using containers with a capacity of 10 cubic yards, or more, including compactors. P. I'Scavenging" means the unauthorized removal of Recyclable Solid Wastes. Scav- enging is prohibited by Public Resources Code § 41950. I N PS -05-06-09 C� r> Temoorag• Bin a n1 Roa-Off Box solid Waste Agl mnaaa: Between the City OF Santa CJarita and Consolidated Disposal Service Q. "Temporary Bin Service" means Bin service provided to a premises on a tempo- rary, as -needed, basis in such a manner that no Bins belonging to a particular solid waste enter- prise, or any of its affiliates, remain on that premises for more than thirty consecutive days, or for more than 60 days of any consecutive 90 -day period in any calendar year.* R. "Universal Wastes" means Universal Waste Electronic Devices (UWEDs), cathode ray tubes (CRTs) and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light Batteries] allcalin . batteries, carbon -zinc batteries and any other bat- teries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury - containing switches, and any other Universal Wastes improperly designated by the then - applicable regulations of the Department of Toxic Substances Control, or its successor agency. Section 5. Compliance with Laws and Regulations Consolidated Disposal Service warrants that it shall comply with all applicable laws, including implementing regulations, as they may be amended, specifically including, but not Olimited to RCRA, CERCLA, the Act, the California Electronic Waste Recycling Act of 2003, as. amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2005), laws governing Universal Waste, includ- ing Universal Waste Electronic Devices ("U4FEDs"), and other Universal Wastes, including, r but not limited to non -empty aerosol cans,, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, bat- teries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] allcaline batteries, ear - bon -zinc batteries and any other batteries which exhibit the characteristic of s hazardous waste), mercury thermometers, mercury -containing switches, regulations and orders of the California Department of Toxic Substances Control, the California Air Resources Board, the California Integrated Waste Management Board, or their respective successor agencies, and all other applicable laws of the United States, the State of California, the County of Los Angeles, ordinances of the City, the requirements .of Local Enforcement Agencies and all other agencies with jurisdiction. Section 6. Types and Frequency of Service A. Public.'Health and Safety - General. In order to protect the public health and safety, arrangements made by Consolidated Disposal Service with its service recipients within the City of Santa Clarita for the collection of Temporary Bin and Roll -Off Solid Waste shall provide for the collection of such waste generated or accumulated in Premises within the City at least once every 30 days. PS -05-06-09 Temporary Bin and Roll -Off Box Solid waste ASreomeut Between the City of Santa Clarita and Consolidated Disposal Sorvice B. Temporary Bin and Roll -Off Solid Waste Services. 1. Consolidated Disposal Service shall collect and remove all Temporary Bin and Roll -Off Solid Waste placed in Solid Waste Bins from all Premises within the City as often as necessary to prevent overflows and spillage from Bins. 2. Consolidated Disposal Service agrees to provide Bins to service recipients upon commencement of service. 3. Under no circumstances shall Consolidated Disposal Service be required to pick up the following: a) Solid Waste not placed in a Temporary Bin or Roll -Off box; b) Oil drums; grease drums and similar metal containers and containers with sharp, rough, or lagged edges; c) Large, heavy items not broken down, including without limitation, water heaters, couches, refrigerators, stoves and large pieces of fumi- ture; d) Hot ashes; e) Hazardous Waste; f) Any other material or matter which is not Temporary Bin and Roll - Off Solid Waste as defined in this Agreement. C. Recycling Services. 1. Recyclable Solid Waste Collection. Consolidated Disposal Service shall col- lect, remove and recycle all Recyclable Solid Waste placed in Temporary Bins and Roll -Off Boxes. Consolidated Disposal Service agrees to process Recyclable Solid Waste through a Materials Recovery Facility or other facil- ity capable of diverting C&D Materials in order to maximize the diversion of Temporary Bin and Roll -Off Solid Waste from landfilling. "Inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), shall be removed from the waste stream and not sent to disposal facilities. _ 10 PS -05-06.09 Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarion and Consolidated Disposal service 0 1.5, Green Waste Collection. Consolidated Disposal Service shall collect, re- move' and recycle all Green Waste placed in Temporary Bins and Roll -Off Boxes, Consolidated Disposal Service shall use its best efforts to obtain maximum diversion credit; if available, for Green Waste. 2. Purchase of Recyclable Materials. Consolidated Disposal Service may offer. services for the purchase of Recyclable Materials from its Temporary Bin and Roll -Off Solid Waste service recipients, but will not have any exclusive rights to so. 3. Scavenging - Discouragement. Consolidated Disposal Service will take whatever, if any, legal actions (erg., actions seeking to enjoin scavengers) which may be appropriate and effective to discourage scavenging of Recy- clable Solid Waste from the Temporary Bin and Roll -Off Solid Waste Stream. D. Hours of Collection. Consolidated Disposal Service agrees that, in order to protect the peace and quiet of residents of the City of Santa Clarite, Consolidated Disposal Service's collection of Temporary Bin and Roll -Off Solid Waste which is audible in residential areas n shall not be made between the hours of 5 p.m. and 6 a.m. E. Collection on Holidays. Consolidated Disposal Service has informed City that no collections will occur on a day on which a legal holiday is observed by the landfill, transforma- tion, transfer station, materials iecovery facility, or Compostable Materials Handling Facility destination of Temporary Bin and Roll -Off Solid Waste to be.collected by Consolidated Dis- posal Service (presently New bear's Day, Memorial Day, Fourth of July, Labor Day, Thanks- giving Day and Christmas Day). F. Customer and Public Education Programs. Consolidated Disposal Service will develop and implement a Customer Education Plan for its Temporary Bin and Roll -Off Solid Waste customers. The Costumer Education Plan shall include information on recycling and the safe disposal of Hazardous Wastes and Universal Wastes. Change in Size or Number of Bins. By written or telephonic request Service Re- cipients may request -to exchange Roll -Off or Compactor Bins for larger or smaller Bins, and. change the frequency of collection. Consolidated Disposal Service shall exchange Bins without charge. �\ Section 7. Collection Equipment �J 11 PS -05-06-09 Tempornry Bin and Rolloff Box Soad Waste Agreement Betwml tae City of Santa Clarity and Consolidated Dispose) Service A. General. Consolidated Disposal Service warrants that it shall provide adequatc numbers of vehicles and equipment, as described in its proposal, for the collection, transporta- tion, recycling and disposal services for which it is responsible under this Agreement. B. Noise. To protect peace and quiet in Commercial areas, the noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single -event noise level of seventy-five (75) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Consolidated Disposal Service shall submit to City a certificate of vehicle noise level testing by an independent testing entity of any collection vehicles used by Consolidated Disposal Service in the City of Santa Clarita which has been the subject of more than one noise complaint within any twelve-month period. C. Compliance, Consolidated Disposal Service warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and sani- tary operation of all its equipment. D. Private Streets, Alleys and Parking Lots. Consolidated Disposal Service agrees to use its best efforts to prevent damage to private streets, alleys and parldng lots over which its collection equipment may be operated, and to obtain all required approvals for operation of its collection vehicles on private streets, alleys and parking lots. E. Graffiti. Consolidated Disposal Service agrees to maintain all its equipment, includ- ing Bins and Roll -Off Boxes, used in the City free of graffiti or "tagging" and to remove or paint over tagging or graffiti from any of its Bins or other collection equipment within 24 hours (Sundays and Holidays excepted) of notification by the City or a service recipient. See also § 22.E. F ''Hazardous Waste Disposal Prohibited" Markings. Consolidated Disposal Ser- vice agrees to post each Bin and Roll -Off Box placed in the City with conspicuous signs warn- ing that the disposal of Hazardous Waste in Bins is prohibited, See also § 22.E. G. Bin Markings. Each Bin placed in the City by Consolidated Disposal Service will be marked with Consolidated Disposal Service's name, telephone number and a unique Bin number, by bar code or other means. For each Bin placed in the City by Consolidated Disposal Service, Consolidated Disposal Service shall provide the Bin number to the service recipient and to the City. The City's copy of the list of Bin numbers shall include the name and address of the service recipient authorized to use each Bin. See also § 22.E. H. Bins: Lids, Replacement; Removal. Consolidated Disposal Service shall ensure that all its Temporary Bins in the City of Santa Clarita are equipped with operable lids, and, 12 PS -05-06-09 Temporary Bin and Rall -Off Bax Soad Waste Agreeamnt Between the City of Santa Clarita and Consolidated Disooml Sw lce upon customer request, locks or hasps permitting the use -of locks. Upon the request of the ser- vice recipient or City, Consolidated Disposal Service shall replace or repair damaged, broken or unsightly Bins. Consolidated Disposal Service shall remove Temporary Bins and Roll -Off Boxes from premises at which service has been discontinued within five collection days after receipt of notification that service has been discontinued. Section 8. Privacy A. General. Consolidated Disposal Service shall observe and protect the rights of pri- vacy of service recipients. lnformation identifying individual service recipients, or the compo- sition or contents of a service recipient's Temporary Bin ,and Roll -Off Solid Waste shall not be revealed to any person, governmental unit, private agency or company, unless upon the author- ity of a court of law, by statute, or upon valid authorization of the service recipient. This provi- sion shall not be construed to preclude Consolidated Disposal Service from preparing, partici- pating in, 'or assisting in the preparation of,waste characterization studies or waste stream analyses which may be required by the Act, or preparing and distributing public awareness ma- terials.to service recipients. B. Mailing Lists. Consolidated Disposal Service shall not market or distribute mailing Olists with the names and addresses of service recipients. C. Privacy Rights Cumulative. The rights accorded service recipients pursuant to this Section shall be in addition to any other privacy rights accorded service recipients pursuant to federal or state law. . Section 9. Service Exceptions; Hazardous and Universal Waste Notifications A. Failure or Refusal to Collect. When Temporary Bin and Roll -Off Solid Waste is not collected firom any Temporary Bin or Roll -Off Solid Waste Service Recipient, Consoli- dated Disposal Service shall notify that Service Recipient in writing, at the time collection is not made, by use of a tag or otherwise, why the collection was not made. B. Hazardous and Universal Waste Inspection, Diversion and Reporting. Consoli- dated Disposal Service reserves the right and has the duty under law, to inspect Temporary Bin and Roll -Off Solid Waste put out for collection and to reject Temporary Bin and Roll -Off Solid Waste observed to be contaminated with Hazardous Waste. Should Consolidated Disposal Ser- vice find or observe reportable quantities of Hazardous Waste put out for collection with Tem- porary Bin and Roll -Off Solid Waste, Consolidated Disposal Service shall notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local �J Emergency Response Providers and; if appropriate, the National Response Center, of reportable 13 PS -05-06-09 Temporary Bin and Roll.O[rBox Soad Waste Agreement Behvecn the City ,f Smttn Clarito and Consolidated Disposal Service quantities of Hazardous Waste, found or observed in Temporary Bin or Roll -Off Solid Waste observed or collected anywhere within the City. Consolidated Disposal Service shall handle Universal Waste Electronic Devices (UWEDs) and cathode ray tubes (CRTs) and other Univer- sal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high inten- sity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mer- cury batteries, small sealed lead acid batteries (burglar alarm and emergency light batteries) alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches, and any other Universal Wastes improperly disposed of into the Residential Solid Waste stream in a manner consistent with the then -applicable regulations of the Department of Toxic Substances Control, or its successor agency. In addition to other required notifications, if Consolidated Disposal Service observes any substances which it or its employees reasonably believe or suspect to con- tair. Hazardous Wastes unlawfully disposed of or released on City property, including storm drains, streets or other public rights of way, Consolidated Disposal Service shall notify the City Manager, or the City Manager's designee immediately. C. Hazardous and Universal Waste Diversion Records. Consolidated Disposal Ser- vice shall maintain records showing the types and quantities, if any, of Hazardous and Univer- sal Wastes found in Temporary Bin or Roll -Off Solid Waste and which was collected from ser- vice recipients within the City, but diverted from landfilling, and the diversion addresses. Section 10. Customer Service A. Office Hours. Consolidated Disposal Service has represented to City that Consoli- dated Disposal Service's arrangements for the collection of Temporary Bin and Roll -Off Solid Waste from premises in the City of Santa Clarita will include Consolidated Disposal Service's agreement to maintain an office accessible by telephone. The City understands, but does not require, that Consolidated Disposal Service's office hours are from 7 am. to 5:30 p.m daily, except Saturdays, Sundays and holidays. Consolidated Disposal Service shall have the capabil- ity of responding to Service Recipients in English, Spanish, Telecommunications Device for the Deaf Service and other languages reasonably necessary for communication with service re- cipients. B. Service Complaints; Missed Collections. City and Consolidated Disposal Service agree that the protection of public health, safety and well-being require that service complaints be acted on promptly and that a record be maintained in order to permit City and Consolidated Disposal Service to identify potential public health and safety problems. Accordingly, Consoli- dated Disposal Service shall inform all Temporary Bin and Roll -Off Solid Waste Service re- cipients that all service recipients' complaints shall be directed to Consolidated Disposal Ser- vice. Consolidated Disposal Service shall record all complaints, including date, time, com- 14 PS -05-06-09 Temporary Bin and Roll -Off Boz Solid Waste Agreement Between the City of Santo Morita and consolidated Disposal service Cplainant's name and address (if the complainant is willing to give this information) and the na- ture and date and manner of resolution of complaint, in a computerized daily Service Com- plaint Log. Any such calls received via Consolidated Disposal Service's answering service shall be recorded in the log and responded to not later than the next collection day on that route. The Service Complaint Log shall be available for review by City representatives during Con- solidated Disposal Service's office hours and be available for transmission to City as an at- tachment to e-mail. Consolidated Disposal Service shall provide a copy of this Service Com- plaint Log to the City with the Quarterly Reports. In the case of a complaint of a missed collection, Consolidated Disposal Service shall make the collection on the day of the call if the call is received before one p.m. and on the next collection day if the complaint is received after one p.m. Section 11. Ownership of Solid Waste Ownership and the right to possession of Temporary Bin and Roll -Off Solid Waste placed for collection shall transfer directly from the service recipient to Consolidated Disposal Service, by operation of law and not by virtue of this Agreement At no time does the City ob- tain any right of ownership or possession of Temporary Bin and Roll -Off Solid Waste or any OHazardous Waste illicitly placed for collection in a Bin, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such tights. Section 12. Marketing and Diversion of Recyclable Solid Wastes Consolidated Disposal Service agrees to market all Recyclable Solid Wastes collected . from Commercial recycling programs developed pursuant to this Agreement at their reasonable fair market value, if a fair market value has been established in the marketplace at the time of marketing. Consolidated Disposal Service agrees to divert all Temporary Bin and Roll -Off Solid Waste from disposal in landfills or transformation facilities, to the extent feasible, and to obtain maximum diversion credit. Section 13. Billing A. . Billing and Payment. Consolidated Disposal Service shall bill all service recipi- ents. Bills to Temporary Bin and Roll -Off Solid Waste service recipients shall be itemized, showing charges for each classification of service, but shall not designate that portion of the bill attributable to the Franchise. Fee as a separate item. Consolidated Disposal Service agrees to include all applicable fees imposed by action of the City Council, including, but not limited to Ufees for compliance with the Act in its bills submitted to service recipients. Billing may be 15 PS -05-06-09 Temporary Din and Roll -Off Dox Solid Waste AgmMa nt Between dbc City of Snam Clarita and consolidated Disposal Service monthly, bimonthly or quarterly, in advance, as Consolidated Disposal Service and service re- cipients may agree. B. Delinquent Accounts. Consolidated Disposal Service may discontinue service as set forth in this section. Service recipients who have not remitted required payments within 30 days after the date of billing shall be notified in writing (or by electronic mail if the service re- cipient agrees) by Consolidated Disposal Service. The notification shall contain a statement that services may be discontinued and Bins removed 15 days from the date of notice if payment is not made before that time. Upon receipt of the delinquent payment, Consolidated Disposal Service shall resume collection on the next regularly scheduled collection day. C. Refunds. Consolidated Disposal Service shall refund to each service recipient, on a pro rata basis, any advance service payments made by such service recipient for service not yet provided when service is discontinued by the service recipient. D. Franchise Fee. Each month during which Consolidated Disposal Service provides collection services pursuant to this Agreement, Consolidated Disposal Service shall pay to City a Franchise Fee. The Franchise Fee shall be five percent of Gross Revenues, collected during each month of the term of this Agreement during which collection services were provided. This Franchise Fee shall be paid by noon on or before the 15th calendar day after the end of each calendar month during which collection services were provided pursuant to this Agreement. Accompanying each monthly payment shall be an accounting of the Gross Revenues for the corresponding month. Failure of Consolidated Disposal Service to malce. any payment within the appropriate time period shall result in interest accruing thereon at the maximum rate permit- ted under California law, in addition to all other remedies of City pursuant to this Agreement. Section 14. Consolidated Disposal Service's Books and Records; Audits A. In addition to the requirements of Sections 9.C, above, and 16.H and 171L below, Consolidated Disposal Service shall maintain all records relating to the services provided here- under, including, but not limited to, all costs included in the Collection and Disposal Compo- nents, customer lists, billing records, maps, records substantiating the information furnished by Consolidated Disposal Service to City pursuant to Section 16 of this Agreement and service recipient complaints for the period during which collection services are to be provided pursuant to 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 five (5) business days advance notice, to inspect, copy and audit all records relating to this Agreement, including, but not limited to, ser- vice recipient lists, billing records, maps, and customer complaints. Such records shall be made available to City at Consolidated Disposal Service's regular place of business, or other place agreed to by City and Consolidated Disposal Service, within the County of Los Angeles. 16 PS -05-06-09 Temporary Din and Roll -01T Box Solid waste Agramenl Between the City of Santa Clarita and Consolidated Disposal Service B. Should any examination or audit of Consolidated Disposal Service's records reveal an underpayment of any fee required to be paid to City under this Agreement, the amount of such underpayment, plus interest at the maximum rate permitted under California law, shall become due.and payable to City not later than thirty days after written notice of such under- payment is provided to Consolidated Disposal Service by City. Should an underpayment of more than one percent (1%) be discovered, Consolidated Disposal Service shall bear the entire cost of the examination or audit. Section 15. Integrated Waste Management Act; Reporting Requirements A. Consolidated Disposal Service -City Cooperation. Consolidated Disposal Service shall cooperate with City in Temporary Bin and Roll -Off Solid Waste Disposal Characteriza- tion Studies and waste stream audits and shall implement measures adequate to achieve the di- version goals set forth in its proposal. (See also Sections.17.B, 20.E.7 and 22.C, below.) During the period during which collection services are to be provided pursuant to this Agreement, Consolidated Disposal Service, at no expense to City, shall submit to City all relevant informa- tion and reports required to meet the reporting obligations imposed by the CIWMB under the Act, as amended. Consolidated Disposal Service agrees to submit such reports and information by email or on computer discs, in a format acceptable to City at no additional charge, if re- quested by City. O B. Change in AB 939. This Agreement is part. of City's efforts to comply with the provisions of the Act as it may be amended and as implemented by the regulations of the Cali- fornia Integrated Waste Management Board, or its successor agency, as they may be amended, and the City's Source Reduction and Recycling Component, as it may be amended. In the event that the Act or other state or federal laws or regulations enacted or amended after this Agree- ment has been executed, prevent or preclude compliance with one or more provisions of this Agreement, or.significantly increase or decrease Consolidated Disposal Service costs, such provisions of this Agreement shall be, modified or suspended as may be necessary to comply with such state or federal laws or regulations. Section 16. Activities and Financial Reports; Adverse Information Quarterly Reports, Consolidated Disposal Service, at no additional expense, shall submit to the City such information or reports in such forms and at such times as the City rea- sonably may request or require, including, but not limited to the following, submitted not less often than as indicated: 1. Quarterly Re op rts. Quarterly Reports shall be submitted to City, transmitted O in a format acceptable to City, as an attachment to e-mail or by disc, at City's option. Quarterly Reports shall include the following: 17 PS -05-06-09 Temporary Bin and Rolloff Box solid Waste Agreement Betwaen the City of Santo Clarity and Consolidated Disposal Serv= a) Solid Waste Tonnage and Complaints. (1) The quarterly report shall show the number of tons collected each month and the tonnage delivered to disposal facilities, itemized by disposal facility. A copy of the customer com- plaint log shall be. submitted with the quarterly report not later than fifteen days after the close of the calendar quarter. b) Recyclable Solid Waste: (1) A statement showing, by type of material, tons received dur- ing the month and tons marketed during each month. (2) A report providing recycling information and the number of service recipients participating. (3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging. This is to include a description of tons rejected for sale after proc- essing (type of material, tonnage), reason for rejection and Consolidated Disposal Service's disposal method for the re- jected materials. (4) A report of recycling program promotional activities, includ- ing materials distributed by Consolidated Disposal Service to its service recipients. c) Inert Wastes Diversion Reports. A report of "inert wastes" (rock, concrete, brick, sand, soil, ceram- ics and cured asphalt) removed from the waste stream and not dis- posed of in a solid waste landfill, but instead, placed on property where surface mining operations are being or have been conducted, and which may be deducted from the amount of solid waste re- quired to be reported by the City to the CrWMB. See Public Re- sources Code § 41821,3.(b), 18 PS -05-06-09 Temporary Bin and Roa•01rBoz Soni Waste Agrearawtnctweea the City o: Sante Morita and Consolidated Disposal Service d) Hazardous and Universal Waste Diversion Reports: A copy or summary of the records required by Section 9.C, above. e) Certification: Consolidated Disposal Service will provide a certification statement, under penalty of perjury, by the responsible cor- porate official, that the report is true and correct. B. Annual Report. By January 31st, beginning in 2007 and each year thereafter that collection services are provided pursuant to this Agreement, Consolidated Disposal Service shall submit to City a written year-end Annual Report in a form approved by the City. The An- nual Report shall include the following information for the year ending on the preceding De- cember 31st: 1. General Information, General information about Consolidated Disposal Ser- vice, including a list of Consolidated Disposal Service's officers and mem- bets of its board of directors. A copy of Consolidated Disposal Service's most recent annual and other periodic public financial reports and those of each of its subsidiaries and affiliated corporations and other entities if any, performing services under this Agreement, as the City, following consulta- tion with Consolidated Disposal Service, may request. 2. Prior Year's Activities. A cumulative summary of the Quarterly Reports and information and statistics with respect to City's compliance with AB 939. 3. Recommendations. Changes in integrated waste management, including pro- jections and proposed implementation dates and costs, recommended by Consolidated Disposal Service and recommended amendments to the City's Source Reduction and Recycling Component or this Agreement, based on developments in applicable law or technology. Consolidated Disposal Ser- vice's recommendations with respect to compliance with AB 939 shall state the specific requirement of AB 939 that the implementation of the recom- mendation is intended to satisfy. C Reporting Additional Matters. Consolidated Disposal Service shall provide City two copies (one to the City Manager, one to the City Attorney) of all correspondence, reports, O pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Consolidated Disposal Service's performance of services pursuant to this Agreement, submitted by Consolidated Disposal Service to, or received by Consolidated 19 PS -05-06-09 Temporary Din and Roll -Off Box Solid Waste Agreement Behym, the City of Santa Clarita and Consolidated Di9)osai Service Disposal Service from, the tinted States or California Environmental Protection Agency, tic California Integrated Waste Management Board, or its successor agency, the California Air Re- sources Board, the South Coast Air Quality Management District, any California Regional 4�Ta- ter Quality Control Board, the California Department of Toxic Substances Control, or its suc- cessor, the Fair Political Practices Commission, the cognizant Local Enforcement Agency, or its successor, the Securities and Exchange Commission or any other federal, state or county agency, including any federal or state court. Copies shall be submitted to City simultaneously with Consolidated Disposal Service's filing or submission of such matters with said agencies. Consolidated Disposal Service's routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City upon written request. D. Submission of Reports. Reports shall be submitted to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 E. Failure to Report. The refusal or failure of Consolidated Disposal Service to file any required reports, or to provide required information to City, or the inclusion of any materi- ally false or misleading statement or representation by Consolidated Disposal Service in such report shall be deemed a material breach of the Agreement and shall subject Consolidated Dis- posal Service to all remedies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of this Agreement before declaring any material breach. F. Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Consolidated Disposal Service. G. City's Right to Request Information. The City believes and Consolidated Dis- posal Service agrees that cooperation between City and Consolidated Disposal Service is criti- cal to the success of this program. City reserves the right to request, and Consolidated Disposal Service agrees to provide, additional information reasonably and directly pertaining to this Agreement on an "as -needed" basis. H. CERCLA Defense Records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where solid waste attributed to sources within the City was taken, as well as where it was not taken, to be matters of concern. Consolidated Disposal Service shall maintain data retention and preservation systems, which can establish where solid waste collected in the City pursuant to this Agreement was landfilled (and.therefore establish where it was not landfilled) and a copy or summary of the reports required by Section 9.C, above, for fifty years after the term 20 PS -05-06-09 Temporary Bh, and 110*01T Box Sdid Waste Agreement Bebveen the City of Santa Clarita said Consolidated Disposal Service during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the•period during which collection services are to be provided under this Agreement. Section 17. Indemnification and Insurance A. Indemnification. Consolidated Disposal Service, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litiga- tion over the definitions of "solid waste" or "Recyclable Material" or the limits of City's au- thority with respect to the grant of Licenses, or agreements, exclusive or otherwise, asserting tights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust laws, and continuation rights, with respect to the provision of Solid Waste services in the City pursuant to this Agreement This provision shall survive the expira- tion of the period during which collection services are to be provided under this Agreement. City and Consolidated Disposal Service agree to confer following any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and Consolidated Disposal Service agree to appeal, or to oppose any appeal, City and Consolidated Disposal Service agree to share equally the costs of appeals. Should either City or Consolidated Disposal Service decide to ap- peal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal, or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. B. Environmental Indemnification and Compliance. Consolidated Disposal Service shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employ- ees, volunteers, 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 dam- ages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or adminis- trative 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 suf- fered by, or asserted against, City or its elected -officials, officers, employees, volunteers 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 Waste in any Solid Waste collected by Consolidated Disposal Service pursuant to this Agreement, which is or has O been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Consolidated Disposal Service, or its activities pursuant to this Agreement result in a release of a Hazardous Waste into the environment. 21 PS -05-06.09 Temporary Bin and Roll -Off Boz Solid Waste Agreement Bunten the Cfty Of Santa Cla ita and Consolidated Disposal Servlee Consolidated Disposal Service further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages), demands, debts, liens, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penal- ties and expenses (including but not limited to attorneys' and expert witness fees and costs in- curred in connection with defending against any of the foregoing or in enforcing this indem- nity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any failure by Consolidated Disposal Service to fully comply with all applicable laws and regula- tions with respect to the operation of its collection vehicles, including, but not limited to appli- cable rules governing clean -burning and alternative fuel vehicles. C. Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Com- pensation 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 all forms of liability under CERCLA, RCRA, other statutes or common law for any and all matters ad- dressed in Section 173. This provision shall survive the expiration of the period during which collection services are to be provided under this Temporary Bin and Roll -Off Agreement. D. Compliance with Laws. Consolidated Disposal Service warrants that it will comply With all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 939, the California Electronic Waste Recy- cling Act of 2003, as amended (SB20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chap- ter 863, Statutes of 2004) and all other applicable laws and regulations of the U.S, Environ- mental Protection Agency, the State of California, the County of Los Angeles, the California Air Resources Board, the South Coast Air Quality Management District, the California Inte- grated Waste Management Board, the California Department of Toxic Substances Control, or- dinances of the City and the requirements of Local Enforcement Agencies and all other agen- cies with jurisdiction. E. Diversion Performance Levels; Indemnification. Consolidated Disposal Service agrees to meet the diversion levels set forth in its proposal for the waste stream covered by this Agreement. Consolidated Disposal Service agrees that failure to achieve that diversion level or other applicable diversion requirements of the California Integrated Waste Management Board, ("CIWMB"), or its successor agency, shall be a material breach of this Agreement. In the event of a determination by the CIWMB or City that City has failed or will fail to meets its diversion goal performance level, Consolidated Disposal Service shall have an opportunity to cure the material breach. See also §§ 15.A, above, and 20.8.7 and 22.C, below. 22 PS -05-06-09 Temporary Bin and Roil•OB' Box Solid Wasic Agreement Betweon the city of Santa Clarita and consolidated Disposal Service F. Workers' Compensation Insurance. Consolidated Disposal Service shall obtain "" and maintain in full force and effect throughout the entire term of this Agreement full workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required cover- age shall be filed and maintained with the City Clerk throughout the term of this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be sus- pended, voided, canceled, reduced in coverage or in limits except after thirty 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 offi- cials, employees, or agents for losses which arise from work performed by the named insured for the City. I G. Liability and Vehicle Insurance. Consolidated Disposal Service shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy (form CG 0001) and a Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto) pol- icy with minimum limits of TWO MILLION DOLLARS ($2,000,000.00) aggregate and ONE M1I.LION DOLLARS ($1,000,000.00) per occurrence, per year. Said insurance shall protect Consolidated Disposal Service and City from any claims for damages for bodily injury, includ- i O ing accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance j 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, its employees, agents, franchisees and officers, are hereby added as insureds as respects to liability arising out of activities performed by or on behalf of Consolidated Disposal Service "This policy shall be consid- ered 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" '"This policy shall act for each insured, as though a separate policy had been writ- ten for each. This, however, will not act to increase the limit of liability of the in- suring company." '"Thirty days' prior written not by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in cover- O age or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Manager, City Attorney and City Clerk." 23 PS -05-06.09 Toinporary Din and Roil -Off Box Solid Waste Agreement Bntwoon the City of Santa Cladtn and Consolidate Disposal S vice The insurance required by this Agreement shall be with insurers which are Best A: VII -rated and which are California -admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City's Risk Manager every year and may be increased at that time and 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. The insurance required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions in Section 17.A, 173 and ITC, above. Ii. Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Consolidated Disposal Service shall file copies of the policies or executed endorsements evidencing the above required insurance coverage with the City Cleric. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Consolidated Disposal Service also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for one hun- dred years (100 years) after the end of the term during which collection services were provided pursuant to this Agreement. Consolidated Disposal Service shall notify City's Risk Manager and City Attorney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection services are to be provided under this Agree- ment. I. Self -Insurance. To the extent provided by law, all or any part of any required insur- ance may be provided under a plan of self-insurance approved by the State of California J. Reduction of CERCLA and Other Liability. City and Consolidated Disposal Ser- vice agree to meet annually in the fourth calendar quarter of each.year to discuss ways to re- duce potential CERCLA and other liabilities to third parties. Section 18. Cash Bonds. Concurrent with the execution of this Agreement, Consolidated Disposal Service shall deposit with City a cash deposit or an irrevocable letter of credit or other such document (the "Cash Bond"), from an institution satisfactory to City, in a form satisfactory to City's Risk Manager and City Attorney, evidencing an irrevocable commitment to City, in the amount of TWENTY THOUSAND DOLLARS ($20,000.00), guaranteeing Consolidated Disposal Ser- vice's faithful performance of the terms of this Agreement. Such Cash Bond shall be main- tained in effect throughout the period during which collection services are to be provided pur- suant to this Agreement. G 24 PS -05-06-09 Temporary Bin and Roll -Off Box solid Waste Agreflnrent Bebveen We Clty of Santa Clarite and Consolidated Dispoml service A. Upon Consolidated Disposal Service's failure to pay the City an amount owing un- der this Agreement, the Cash Bond may be assessed by the City, for purposes including, but not limited to: 1. Failure of Consolidated Disposal Service to pay the City stuns due under the terms of the Agreement; 2. Reimbursement of costs borne by the City to correct Agreement violations not corrected by Consolidated Disposal Service, after due notice; 3. Monetary remedies or damages assessed against Consolidated Disposal Ser- vice due to breach of this Agreement; or 4. To satisfy an order of the referee B. Consolidated Disposal Service shall deposit a sum of money or a replacement in- strument sufficient to restore the Cash Bond to the original amount within thirty days after no- tice from the City that any amount has been withdrawn from the Cash Bond. OC. . All of City's costs of collection and enforcement of the provisions relating to the t Cash Bond called for by this Section, including City's attorneys' fees and costs, shall be paid by Consolidated Disposal Service Section 19. , Emergency Service A. Should Consolidated Disposal'Service, for any reason whatsoever, except the occur- rence or existence of any of the events or conditions set forth in Section 2kk "Force Ma- jeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Temporary Bin and/or Roll -Off Solid Waste, or both, which it is obligated under this Agreement to collect, and as a result, Temporary Bin and Roll -Off 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 exercise of the City Manager's sole discretion, should find that such ac- cumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all Tempo- rary Bin and Roll -Off Solid Waste which Consolidated Disposal Service is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior writ- ten notice to Consolidated Disposal Service during the period of such' emergency, before con- tracting with another solid waste enterprise to collect and transport any or all Temporary Bin O and Roll -Off Solid Waste which Consolidated Disposal Service would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Consolidated Disposal Service is unable to provide such services. Tn such event Consolidated Disposal Ser - 25 PS -05-05-09 Temporary Bin and Roll -Off Box Solid Waste Agreemet Between the City of Santa Clarice and Consnadated Disposal Service vice shall identify sources from which such substitute solid waste services are immediately available, and shall reimburse City for all of its expenses for such substitute services during pe- riod in which Consolidated Disposal Service is unable to provide collection and transportation services required by this Agreement. See also § 24.A, below. B. Consolidated Disposal Service shall assist City it, the event of terrorist attack or ma- jor disaster, such as an earthquake, storm, riot or civil disturbance, by providing collection ve- hicles and drivers normally assigned to the City, at Consolidated Disposal Service's actual costs. Disputes with respect to Consolidated Disposal Service's emergency services or the costs of those services shall be resolved according to the dispute resolution provisions of Sections 20 and 21, of this Agreement. Consolidated Disposal Service shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally -declared state of emergency or disaster or terrorist attack as to which Consolidated Disposal Service has provided equipment and drivers pursuant to this Temporary Bin and Roll -Off Agreement. Section 20. Administrative Remedies; Imposition of Damages; Termination A. Notice; Response; Resolution; Appeal. 1. Notice of Deficiencies; Response. if City's Environmental Services Division Manager, or the Manager's designee (collectively, the "Manager") deter- mines that Consolidated Disposal Service's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California Integrated' Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or lo- cal law or regulation, including but not limited to, the laws governing trans- fer, storage or disposal of solid and Hazardous Waste, the Manager may ad- vise Consolidated Disposal Service in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The Manager, in any written Notification of Deficiencies, shall set a reasonable time within which Con- solidated Disposal Service is to respond. Unless the circumstances necessi- tate correction and response within a shorter period of time, Consolidated Disposal Service shall correct any deficiencies it agrees have occurred and in any event shall respond to the written Notification of Deficiencies within thirty days from the receipt by Consolidated Disposal Service of such writ- ten notice. Consolidated Disposal Service may request additional time to correct deficiencies. City shall approve reasonable requests for additional time. 26 PS -05-06-09 n b) In any "Notice of Appeal" Consolidated Disposal Service shall state its factual contentions and include all relevant affidavits, documents, photographs and videotapes which Consolidated Disposal Service desires to have considered by City. In addition, Consolidated Dis- posal Service shall include all of its legal contentions, citing provi- sions of the Agreement or other laws to support its contentions. 3. Review by City Mana¢er: Anneal a) Within thirty days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's deci- sion is adverse to Consolidated Disposal Service, the City Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, ter- minate the Agreement. In addition to the foregoing actions, the City ,^ Manager may refer the matter to the City Council for proceedings in vaccordance with Section 203 and 20.C, below, or refer the matter di- rectly to a referee for proceedings in accordance with Section 21, be - 27 PS -05-06.09 Temporary Bin and Roll -Off Box Solid WasteAgrennant Between the City of Santa Clarity and Consolidated Disposal Service 2. Review by Manager: Notice of ADVeal. a) The Manager shall review any written response from Consolidated Disposal Service and decide the matter. If the Manager's decision, is adverse to Consolidated Disposal Service, the Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement The Manager shall promptly inform Consolidated Dis- posal Service of the Manager's decision. In the event the decision is adverse to Consolidated Disposal Service, the Manager shall inform Consolidated Disposal Service, in uniting, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the Manager's decision and any reme- dial action taken or ordered. An adverse decision by the Manager shall be final and conclusive unless Consolidated Disposal Service files a "Notice of Appeal" with the City Clerk (with copies to the City Manager and City Attorney) within 30 days of receipt of the no- Otification of the adverse decision by the Manager. b) In any "Notice of Appeal" Consolidated Disposal Service shall state its factual contentions and include all relevant affidavits, documents, photographs and videotapes which Consolidated Disposal Service desires to have considered by City. In addition, Consolidated Dis- posal Service shall include all of its legal contentions, citing provi- sions of the Agreement or other laws to support its contentions. 3. Review by City Mana¢er: Anneal a) Within thirty days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's deci- sion is adverse to Consolidated Disposal Service, the City Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, ter- minate the Agreement. In addition to the foregoing actions, the City ,^ Manager may refer the matter to the City Council for proceedings in vaccordance with Section 203 and 20.C, below, or refer the matter di- rectly to a referee for proceedings in accordance with Section 21, be - 27 PS -05-06.09 Temporary Bin mid RolloffBox Solid Waste Agrectnent Between the City of Smita Clarita and Coosalidated Disposal Service low. The City Manager shall promptly inform Consolidated Disposal Service of the City Manager's decision. In the event the City Man- ager's decision is adverse to Consolidated Disposal Service, the Ci *Y Manager shall inform Consolidated Disposal Service, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. b) An adverse decision by the City Manager shall be final and conclu- sive unless Consolidated Disposal Service files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis, the evidence relied on and all legal contentions which Consolidated Disposal Service may choose to submit. No new evidence not previously submitted in accordance with Section 20.A.1.b) may be submitted. B. City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Con- solidated Disposal Service, the City Council will set the matter for an administrative hearing and act on the matter, or refer the matter to a referee as provided in Section 21, below. If the City Council elects to hear the matter, the City Clerk shall give Consolidated Disposal Service fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following: I. A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options; 2. The Manager's written Notification of Deficiencies; 3. Consolidated Disposal Service's response to the Notification of Deficien- cies; 4. The Manager's written notification to Consolidated Disposal Service of ad- verse decision; 5. Consolidated Disposal Service's Notice of Appeal to the City Manager, 6. The City Manager's written notification to Consolidated Disposal Service of adverse decision; and 28 PS -05-06-09 Temporary Bin mid Ron -Off Box Solid waste Agreement Between the City of Santa clarito and consolidated Disposal service 7. Consolidated Disposal Service's Notice of Appeal to the City Council. No new legal issues may be raised, nor may new evidence be submitted by Consolidated Dis- posal Service at this or at any further point in the proceedings, absent a showing of good cause. Consolidated Disposal Service's representatives and other interested persons shall have a rea- sonable opportunity to be heard. C. City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that Consolidated Disposal Service is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Consolidated Disposal Service to take remedial actions to cure the breach or impose any other. remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Consolidated Disposal Service is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Consolidated Disposal Service's performance under the Agreement is not excused O during the period of time prior to a final determination as to whether or not, Consolidated Dis- posal Service's performance is in material breach of this Agreement, or the time set by City for Consolidated Disposal Service to discontinue a portion or all of its sorvices pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Con- solidated Disposal Service files a "Notice of Appeal to Referee" with the City Clerk (and serves copies, by mail, on the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the exception of draws on the Cash Bond, the execution of City's remedies shall be stayed until Consolidated Disposal Service has exhausted its appeals under Sections 20 and 21 of this Agreement. D. Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Consolidated Disposal Service may appeal any decision, order or action by the City Council or City Manager under this Section 20, as provided in Section 21, below, by filing a Notice of Appeal to Referee with the City Clerk within ten business days of receipt of the decision by the City Manager or City Council and following the procedures set forth in .Section 21, below. A decision of the City Manager to refer a matter directly to a referee without first referring it to the City Council, may not be appealed. E. Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 29 PS -05-06-09 Temporary Bin and Roll -Off Box Solid wastc Agreement Between the City of Santa Clorha and Consolidated Disposal Service 1. If Consolidated Disposal Service practices, or attempts to practice, any f: and or deceit upon the City, or practiced any fraud or deceit or made any inten- tional misrepresentations in its proposal or the negotiations which preceded the execution of this Agreement; 2. If Consolidated Disposal Service becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Consolidated Disposal Service in a bankruptcy proceeding; 3. If Consolidated Disposal Service fails to provide or maintain in full force, effect and amount, the workers compensation, liability and indemnification coverage and Cash Bonds required by this Agreement; 4. If Consolidated Disposal Service violates any orders or rulings of any regu- latory body having jurisdiction over Consolidated Disposal Service relative to this Agreement, in any material manner, provided that Consolidated Dis- posal Service may contest any such orders or rulings by appropriate proceed- ings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Consoli- dated Disposal Service is entered; S. If Consolidated Disposal Service ceases to provide collection service as re- quired under this Agreement over a substantial portion (more than 10% of any route) of the Commercial area of the City of Santa Clarita for a period of two (2) calendar days or more, for any reason within the control of Consoli- dated Disposal Service; 6. If Consolidated Disposal Service fails to make any payments required under this Agreement or refuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement; If Consolidated Disposal Service fails to achieve the diversion goals set forth in Consolidated Disposal Service's proposal. In the event that the California Integrated Waste Management Board, or its successor agency, or City de- termines that Consolidated Disposal Service has failed to meet the diversion goals set forth in its proposal, Consolidated Disposal Service shall have an opportunity to cute this material breach, within time allotted by the CrWMB, its successor agency, or City, as appropriate. See also Sections 15.A and 17.8, above, and Section 22.C, below. 30 PS -05-06.09 M Tanporary Bin and Rag -off Box Suad Waste Agreement Between the City of Santa Garin and Consolidated Disposal Service Any other act or omission by Consolidated Disposal Service which materi- ally violates the terms, conditions or requirements of this Agreement and which isnot corrected or remedied within the time set forth in the written Notification of Deficiencies or if Consolidated Disposal Service cannot rea- sonably correct or remedy the breach within the time set forth in such notice, if Consolidated Disposal Service should fail to commence to correct or rem- edy such alleged deficiencies within the time set forth in such notice and diligently effect such correction or remedy thereafter. F. Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Consolidated Disposal Service to perform its obligations under this Agreement. Section 21. Referral to Referee; }'fearing Procedures Either party to this Agreement at any time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 20, if applicable, may refer a disputed matter for resolution under this Section 21 in the following manner. OA. Applicability. If either the City Manager or. the City Council refers a matter to a referee, or Consolidated Disposal Service appeals or refers a matter to a referee, the provisions of this Section shall apply in order to obtain prompt.and expeditious resolution of any and all disputes arising out of this Agreement. B. Reference of Dispute. Any dispute seeking damages and any dispute seeldng equi- table relief, such as. but not limited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638- 645.1. The venue of any proceeding hereunder shall be in Los Angeles County, Califomia 1. Procedure for Appointment. The party seeking to resolve the dispute shall file in court and serve, on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall ap- ply to the Judicial Arbitration and Mediation Service (`YAMS") of Los An- geles County to nominate a minimum of five prospective referees. If the par - des are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with Consolidated Disposal Service, shall alternate in spiking one prospec- tive referee at a time until only one referee remains. 31 PS -05-06-09 Te aporary Bin and Roll -Off Box Solid waste Agreement Between the city or Santa Clnrita and Consolidated Disposal Service 2. Fx Parte Communications Prohibited Neither party may communicate separately with the referee after the referee has been selected. All subsequent communications between a party and a referee shall be delivered simultane- ously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance, or to confidential me- diation or settlement briefs when submission of such is agreed to by the par- ties and the referee. 3. Cooperation. The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after first giving notice of its intent to rely on the provisions of this Section 21, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs ex- penses or attorneys fees and costs as a result of the other party's violation of Code of Civil Procedure § 128.5, the referee may award such additional ex- penses and attorneys' fee to the party giving such notice, even if such party is not the prevailing party in the dispute. 4. Discovery. The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Consolidated Disposal Service agree otherwise, or unless the referee shall determine oth- erwise. Any party to the hearing may issue a request to compel reasonable document production from the other party, subject to the limitations of Sec- tion 20, limiting evidence to the administrative record. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of a document request, then by disposition by order of the referee. Any document request shall be subject to the proprietary rights and rights of privilege of the parties, and the referee shall adopt proce- dures to protect such rights. Except as may be agreed by the parties, or or- dered by the referee, no other form of discovery shall be available to the par- ties. S. Standards for Decision. The provisions of California Code of Civil Proce- dure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute reso- lution by a referee hereunder. In an effort to clarify and amplify the provi- sions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and Califor- 32 PS -05.06-09 Taniporary Bin and Roll -Off BOX Soad Waste Agrooment Banveat the City of Santa Clarita and Consolidated Usposnl Smdoe Onia Rules of Court, Rule 232. The referee shall try and decide the dispute ac• cording to all of the substantive and procedural law of the state of California, unless the parties stipulate.to the contrary. 6.Evidence and Findings. The referee shall consider the administrative record, including the Notice of Deficiencies, Consolidated Disposal Service's re- sponse to e- sponse'to the Notice of Deficiencies, the decision of the Manager, the Notice of Appeal, the decision of the City Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition to other rele- vant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of. fact and conclusions of law, to counsel for the Parties, for comment. When the referee has decided the dis- pute, the referee shall also cause the preparation of a.judgment based on said decision. 7. Remedial Authority. A referee to whom a matter is referred shall have the authority to (i) order either patty to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent with the terms of this Agreement Oor (iii) find there has been no breach. 8. Stay Pendine Entry of Final Judgment. Except as provided in Section 20.0 with respect to draws on a Cash Bond, until final judgment is entered from the 'referee proceeding under the foregoing provisions and the time for ap- peal or other post -judgment petition has expired, the imposition or enforce- ment of any penalties or sanctions provided in this Agreement and related to the subject matter of the hearing shall be stayed The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party sub- ject thereto acted with substantial justification, or if the interests of justice so require. 9. Allocation of Referee's Costs. The referee's costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be home equally by the parties to the dispute initially, but'the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as ap- portioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the time(s) required, the other. party may do so, in which event that party will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is riot Othe prevailing party. The referee shall include such costs• in the judgment or award. 33 PS -05-06-09 Tcnsporary Bin and aoll•Off Box Solid Waste Agreement Between the City of Santa Clarita mid Consolidated Disposal SCs Vicc C. Decision. The decision of the referee may be excepted to in accordance with Code of Civil Procedure § 645. Section 22. City's Additional Remedies In addition to the City's other remedies, City shall have the following rights: A. Contracts with Others. The right to contract with others to perform the services otherwise to be performed by Consolidated Disposal Service, in the event Consolidated Dis- posal Service should be in material breach of its duties to provide those services, or is other- wise unable to provide the services addressed by this Agreement. B. Damages and/or Injunctive Relief. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Consolidated Disposal Service, City may suffer irreparable injury and incalcula- ble damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach. See also § 22.E, below. C. City's Damages for Failure to Achieve Diversion Goals. Consolidated Disposal Service agrees that its failure to achieve the diversion goals set forth in its proposal for the waste stream collected under this Agreement, arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of §§ 15.A and 17.E, above, related to waste diversion, shall be a material breach of this Agreement. See also § 203.7, above. If the California Integrated Waste Management Board, or its successor agency, were to impose administrative civil penalties against City, then the City's damages for Consolidated Disposal Service's material breach in its failure to achieve the diversion goals for the City as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the administrative civil penalties against City. D. Rights of City in Event of Certain Misconduct. Notwithstanding any other provi- sion in this Agreement to the contrary, the City shall have the right to terminate this Agreement if any official of Consolidated Disposal Service, or any associated firm or entity, including but not limited to, any parent or subsidiary company involved with the performance or administra- tion of the Agreement is convicted of, or pleads guilty, no contest or nolo contendere to a fel- ony relating to this Agreement or any other agreement for the provision of solid waste services in another City. E. Liquidated Damages. The parties agree that the failure of Consolidated Disposal Service to comply with the requirements of Sections 7.E, F and G, regarding, respectively, 34 PS -05-06-09 Temporary Bin and Roli•Onf Box Solid Waste Agreement nanveat: the City o: Santa Clarlts and Consolidated Disposal Service I Graffiti, "Hazardous Waste Prohibited" Markings and Bin Marldngs, have the potential to ` cause great damage to the City, which damages would be difficult to calculate. For that reason, the Parties agree that if, following 24 hours notice identifying the Bin or Bins by address or Bin number (required by Section 7.G, above), Consolidated Disposal Service, is in violation of any requirement of Section 7 E, F or G, above, Consolidated Disposal Service will pay to city $500.00 per Bin, for each day or any part of a day, (excluding Sundays and holidays), in which a Bin was out of compliance with any requirement of Section 7 E, F or G. Section 23. Franchise Transfer; City Consent; Fees i A. Consolidated Disposal Service may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of (collectively "Transfer"), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether volumar- ily or involuntarily, without the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of Consoli- dated Disposal Service, except as provided in Sub -Section 23.C, below, any sale or other trans- fer or change in ownership or control of any of the capital stock or other capital or equity inter- ests, or any sale or transfer of fifty percent (50%) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties un- der it. Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this ! Agreement and, at the City's option, may be voided B. The City has no obligation to give its consent to a Transfer of the Franchise granted by this Agreement The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement The City may also require the prospective transferee to demonstrate that it, and its officers and managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring accep- tance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City's satisfaction that it has the operational and finandial ability to perform the terms of this Agreement. C. Consolidated Disposal Service's internal reorganization shall not constitute a Trans- fer provided that City consent to the reorganization is'sought and received prior to any internal reorganization. An internal reorganization.includes any change in control of any of the voting stock through its conveyance to an affiliate of Consolidated Disposal Service, or by operation of law. Any request for an internal reorganization must be submitted in Writing to.the City Manager, no less than one hundred and twenty days prior to the proposed effective date of the internal reorganization. Consolidated Disposal Service shall reimburse City for all of its costs ' to review the request and to determine if it is an internal reorganization. City's expenses may 35 PS -05-06.08 Tanporary Bin and Boll.oftBos Solid W este Apmctnent Betw= au City or Santa Clarita and Consolidated Disposal Serilu include, but are not limited to, Staff, City Attorney's and Special Counsel's fees and costs and Accountants' fees and costs. Determination by the City Manager shall be final and conclusive. Any attempt to implement an internal reorganization without the consent of City shall consti- tute a material breach of this Agreement. D. fees. Any application for a Franchise Transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of $50,000 to cover the estimated cost of all direct and indirect expenses, including City staff, consultants' and attorneys' fees, incurred by City to adequately analyze the application and the qualifications of the prospective transferee. Any costs incurred by the City in excess of $50,000 shall be reimbursed by the Con- solidated Disposal Service Drior to submission of the proposed Transfer to the City Council. In the event that the City's costs are less than $50,000, City shall refund the remaining deposit to Consolidated Disposal Service If Transfer is approved, upon approval, the transferee shall pay to City a Transfer fee in the amount of $50,000 or five percent (5%) of Crross Revenues for the first twelve months, whichever is greater. Section 24. General Provisions A. Force Majeure. Consolidated Disposal Service shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services of Consoli- dated Disposal Service are interrupted temporarily or permanently for any of the following rea- sons: riots; war or national emergency declared by the President or Congress and affecting the City of Santa Clarita; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Consolidated Disposal Service "Other catastrophic events" does not include the financial inability of Consolidated Disposal Service to perform or failure of Consolidated Disposal Service to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exercise of reasonable diligence by Consolidated Disposal Service In the event a labor disturbance interrupts collection and transportation of Temporary Bin and Roll - Off Solid Waste and/or disposal of Temporary Bin and Roll -Off Solid Waste by Consolidated Disposal Service as required under this Agreement, City may elect to exercise its rights under Section 19 of this Agreement Failure by City to exercise its rights under this Section 24.A shall not be deemed a waiver of its rights under Section 20.E.5, above. B. Independent Status. Consolidated Disposal Service is an independent entity and not an officer, agent, servant or employee of City. Consolidated Disposal Service is Solely re- sponsible for the acts and omissions of its officers, agents, employees, contractors and subcon- tractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Consolidated Disposal Service nor an arrangement for the disposal of Hazardous Wastes. Neither Consolidated Disposal Service nor its officers, employees, agents 36 PS -05.0&09 Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of•Sanu Clarity and Consolidated Disposal Service Oor subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Normal wear and tear on City streets resulting from general vehicular traffic excepted, Consolidated Disposal Service shall be responsible for damage to City's driving surfaces, whether or not paved, resulting from the operation of Consolidated Disposal Service vehicles providing Temporary Bin and Roll -Off Solid Waste Services within the City. Consolidated Disposal Service understands that the exercise of this Franchise may in- volve operation of its collection vehicles over private roads and streets.' Disputes between Con- solidated Disposal Service and its service recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Consolidated Disposal Service as matters within its sole responsibility and as a matter within the scope of Section 17.A, 171, and 17.C, above. D. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Consolidated Disposal Service to City or private property shall be repaired or replaced by Consolidated Disposal Service, at Consolidated Disposal Service's sole expense. Except as provided in Section 17, above, this Agreement does not purport to relieve, diminish, reduce, create or increase in any way, Consolidated Disposal Service's civil liability Oto any third parties. E. Law to Govern; Venue. The law of the State. of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. ID the event of litigation in a U.S. District Court exclusive venue shall he in the Central District of California F. Fees and Gratuities. Consolidated Disposal Service shallnot permit any officer, agent or employee -to request, solicit, demand or accept, either directly or indirectly, any gratu- ity for the collection of Temporary Bin and Roll -Off Solid Waste otherwise required to be col- lected under this Agreement. G. Amendments. Except as otherwise provided in this Agreement, no other amend- ment of this Agreement shall be valid unless in writing duly executed by the parties. Purported oral amendments shall be void and of no force or effect: H. 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, and by email, addressed a$ follows' U 37 PS -05-06-09 Tnnporary Bin and Rall -OD Box Solid waste Agreement DUMP= the City of Santa Clarita olid Consolidated Disposal Service To City: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 Copy to: Benjamin Lucha Environmental Projects Development Coordinator City of Santa Clarita 23920 Valencia Blvd., Ste. 300 Santa Clarita, California 91355 And to: City Attorney City of Santa Clarita c/o Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, California 90071-2953 With copies by email to BLUCRA@santa-clarita.com and cnewton@bwslaw.com To Consolidated Disposal Service 12949 Telegraph Road Santa Fe Springs, CA 90670 and by email to icastro@repsrv.com. 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 email or telecopier or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. I. Savings Clause and Entirety. If any non -material provision of this Agreement for any reason shall be held to be in 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. J. Incorporation by Reference. Exhibit A, the City's Source Reduction and Recy- cling Component, and Consolidated Disposal Service's Service Proposal, dated October 7, 2005, and all supplements to that proposal are incorporated into this Agreement by this refer- ence. K. joint Drafting. This Agreement shall be construed as having been drafted jointly by the parties to this Agreement. 38 PS -05-06-09 M U \J / Temporary Bin and Roll -Off Box Solid waste Agreement Between the City of Santo Clarita and Consolidated Disposal Service L. Transition to Next Solid Waste Enterprise. If in the final 12 months of the period during which Consolidated Disposal Service is to provide collection services under this Agreement, Consolidated Disposal Service and City have not entered into a succeeding agree- ment, Consolidated Disposal Service shall cooperate fully with City and all prospective subse- quent Solid waste enterprise(s), franchisee(s), licensee(s), permittees) or other Person seeldng to provide services similar to the Services so as to assure an efficient, orderly, timely and effec- five transition: In that regard, Consolidated Disposal Service agrees to make available to City and to prospective proposers in any competitive process used by the City to select a successor, route maps, customer lists, and all other records requested by City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITE' OF.,SANTA CLARITA `A Oalif. " `1v1un' ipal rporation Kr.. 1 � 5 L G/T'f W,41JACsf_ ATTES 4R f Sharon Dawson',:.:, 7%aStlo r'ity Clerk APP90V_ iAS T'O FORM: Z. } Carl K, Newtdn City Attomey l By: Consolidated Disposal Service M ( By: I(� CEO, President, Chf.6nan of the Board or any Vice President] . �A And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] 39. PS -05-06-09 Temporary Bin mid Roll -Off Box Solid Waste Agreement Between the City of Santa Clartta and Consolidated Disposal Service State of California, County of Los Angeles, ss. year 200 before me On this t day of in the Y personally �PDeared ISuSS�F/f niX and Pp /�lersonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and acknowledged that he (she or they) executed it pursuant to a resolution of the Board of Directors of Consolidated Disposa Service SIGNED 1, 1 DONNAPERNOD kComPmr.cA IFMO N Lot jh �m WHIS ¢h 11,1009 40 PS -OS -06.09 Temporary Bin and Roll.OfTlim Solid Waslc Agreement Between Art City or Santa Clarlla and consolidated Disposal Service Exhibit A Guaranty This GUARANTY (the "Guaranty") is made as of`ZrAn,'Is '204, by Republic Services, Inc., a Delaware corporation, ("Guarantor"), the address of which is 110 S.E. 6l" Street, 281" Floor, Fort Lauderdale, FL, in favor of the City of Santa Clarita, a California municipal corporation (the "City"), 1. Recitals. This Guaranty is made with respect to the following facts and circumstances: (a) The City and Consolidated Disposal Service have entered into a Temporary Bin. and Roll -Off Box Solid Waste Agreement, dated for reference purposes 7,, , , 2008.6 (o) The City would not enter into the Agreement with Consolidated .Disposal Service unless the Guarantor agreed to guarantee the obligations of Consolidated Disposal Service under the Agreement as provided in this Guaranty, and the Guarantor, as a material O inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver this Guaranty and to agree to and be bound by its terms. IN 2. Guaranty. 2.1. Guaranty of Obligations. The Guarantor unconditionally, absolutely and irrevocably guarantees to the City to cause the full, prompt and complete payment and performance when due of all in and obligations of Consolidated Disposal Service to the City under the Agreement, including, without limitation, all obligations of indemnity on the part of Consolidated Disposal Service under the Agreement. 2.2. Guaranty of Payment. The liability of the Guarantor on this Guaranty is a guaranty of payment and performance and not of collectibility, and is not conditional or contingent on the genuineness, validity, regularity or enforceability of the Agreement or the pursuit by, the City of any remedies that it now has or may hereafter have with respect to the Agreement. 2.3. Continuing Guaranty. This Guaranty is a continuing guaranty of the indebtedness and obligations of Consolidated Disposal Service under the Agreement, including SO #4625-1050.7776 VI A-1 PS -05-06-09 Temporary Din and ROTI -Off Dox Solid WaSte Agrernmnl Between the City of Santa Marlin and Consolidated Disposal Senice any and all such indebtedness and obligations which are renewed, extended, compromised, or restructured from time to time. 2.4. Independent Obligations. The Guarantor agrees that it is directly and primarily liable to the City, that the Guarantor's obligations hereunder are independent of the indebtedness and the obligations of Consolidated Disposal Service under the Agreement, and that a separate action or actions may be brought and prosecuted against the Guarantor, whether or not action is brought against Consolidated Disposal Service or whether or not Consolidated Disposal Service is joined in any such action or actions. 3. Consents by Guarantor. 3.1. Consents. The Guarantor hereby authorizes the City, without notice or demand and without affecting the Guarantor's liability hereunder, from time to time to: 3.1.1. Changes in Terms. Renew, compromise, extend, accept partial payments, accelerate or restructure the indebtedness and obligations of Consolidated Disposal Service under the Agreement or otherwise change the time for payment or the terms of any such indebtedness or obligations, or any part thereof. 3.1.2. Amendment of Agreement. Waive, amend, rescind, modify or otherwise change any of the terms or provisions of the Agreement. 3.1.3. Liquidation of Guaranteed Obligations. Settle, release, compromise, collect or otherwise liquidate any of the indebtedness or obligations of Consolidated Disposal Service under the Agreement, or any part thereof, and any security or collateral therefore in any manner as the City may determine in its sole and absolute discretion. 3.1.4. Collateral. Take and hold collateral to secure the payment and performance of the indebtedness and obligations of Consolidated Disposal Service under the Agreement and exchange, enforce, waive and release any such collateral, and apply such collateral and direct the order or manner of sale thereof as the City in its sole and absolute discretion may determine. 3.1.5. Releases. Release or substitute any one or more endorsers or other guarantors. A-2 So #4e28-1050-7776 v1 PS -05-06-09 Temporary Bin and Roll -Off Box Solid Waste Agreemont Between the City of Santa Cladta and Consondated Disposal service 3.2. Non -Release of Guarantor. The Guarantor agrees that the City may do any or all of the matters specified in Section 3.1 in such manner, upon such terms, and at such times, as the City, in its sole and absolute discretion, deems advisable, without, in any way or respect, impairing, affecting, reducing or releasing the Guarantor from its undertakings hereunder and the Guarantor hereby consents to each and all of the matters specified in Section 3.1. 4. Waivers. 4.1. - Defenses. The Guarantor hereby waives any right to assert against the City as a defense, counterclaim, setoff or cross-claim, any defense (legal or equitable); counterclaim, setoff or cross-claim which the Guarantor may now or at any time hereafter have under applicable law, rule, arrangement or relationship against Consolidated Disposal Service 4,2. Presentment. Demand and Notice. The Guarantor waives all presentments, demands for performance, notices of nonperformance, protests, notices of protests, notices of dishonor, notices of default, notice of acceptance of this Guaranty, diligence and notices of the existence, creation or incurrence of the indebtedness and obligations of Consolidated Disposal Service under the Agreement or of new or additional indebtedness or obligations of Consolidated Disposal Service incurred or created after the date of this Guaranty,; and all other O demands, notices or formalities of whatsoever kind to which the Guarantor may be entitled under applicable law. 4.3. Remedies Against Consolidated Disposal Service As a condition to payment or performance by the Guarantor under this Guaranty, the City shall not be required to, and the Guarantor hereby waives any and all rights to require the City to, prosecute or seek to enforce any remedies against Consolidated Disposal Service or any other party liable to the City on account of the indebtedness and obligations of Consolidated Disposal Service under the . Agreement or to require the City to seek to enforce or resort to any remedies with respect to any security interests, liens or encumbrances granted to the City by Consolidated Disposal Service or any other party on account of the indebtedness and obligations of Consolidated Disposal Service under the Agreement. 4.4. Subrogation Rights. Until all the terms, covenants and conditions of the Agreement on Consolidated Disposal Service's part to be performed and observed are fully performed and observed, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity or contribution against Consolidated Disposal Service by reason of any payments or acts of performance by the Guarantor in compliance with the obligations of the. Guarantor under this Guaranty;cop vided that, notwithstanding the foregoing, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity, contribution or any other rights I� A-3 PS -05-06-09 0-D 04626.7050-7776 v1 Temporary Bin and Rall -Orf Boz Solid Waste AgMM"t Between We City of Santa Clarity and Consolidated Disposal Service that would result in the Guarantor being deemed a creditor of Consolidated Disposal Service under the Federal Bankruptcy Code, and the Guarantor irrevocably waives all such rights and the right to assert any such rights. 5. Waiver of Suretyship Defenses: Antideficiency Legislation. The Guarantor agrees that nothing contained in this Guaranty shall prevent the City from suing on the Agreement o. from exercising any other rights available to it under the Agreement, and that the exercise of any of these rights shall not constitute a legal or equitable discharge of the Guarantor. The Guarantor understands that the exercise by the City of certain rights and remedies contained in the Agreement may affect or eliminate the Guarantor's right of subrogation against Consolidated Disposal Service and that the Guarantor may therefore succeed to a partially or totally non -reimbursable liability hereunder. Nevertheless, the Guarantor hereby authorizes and empowers the City to exercise, in its sole and absolute discretion, any rights and remedies, or any combination of rights and remedies, that may then be available, since it is the intent and purpose of the Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Without limiting the generality of the foregoing, the Guarantor expressly waives any and all benefits under California Civil Code §§ 2809, 2810, 2819, 2845, 2849, 2850 and 2855, and California Code of Civil Procedure §§ 580a, 580b, 580d and 726. 6. Bankruptcy. 6.1. Liability of Guarantor Unaffected. The liability of the Guarantor under this Guaranty shall in no way be affected by: the release or discharge of Consolidated Disposal Service in any creditor proceeding, receivership, bankruptcy or other proceeding; the impairment, limitation or modification of the liability of Consolidated Disposal Service or the estate of Consolidated Disposal Service, or any remedy for the enforcement of Consolidated Disposal Service's liability, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or any bankruptcy, insolvency, debtor relief statute (state or federal), or any other statute, or from the decision of any court, the rejection or disaffirmance of the indebtedness or obligations of Consolidated Disposal Service under the Agreement, or any portion thereof, in any such proceeding; or the cessation, from any cause whatsoever, whether consensual or by operation of law, of the liability of Consolidated Disposal Service to the City. 7. Termination of Guaranty. The Guarantor's obligations under this Guaranty shall continue in full force and effect and this Guaranty shall not terminate until the indebtedness and obligations of Consolidated Disposal Service under the Agreement are fully paid, performed and discharged and the City gives the Guarantor written notice of that fact. The indebtedness and obligations of Consolidated Disposal Service under the Agreement shall not be considered A4 PS -05-06-08 SD g4S28-1050-7776 v1 �J •. 0 \ Temporary Bin and Roll -Orr Box Solid Waste Agreement Between Me City or Santa Morita and Consolidated Disposal Service � fully paid, performed and discharged unless and until all payments by Consolidated Disposal Service to the City are no longer subject to any right on the part of any person, including, without limitation, Consolidated Disposal Service, Consolidated Disposal Service as debtor-in- possession, or any trustee or receiver in bankruptcy, to set aside such payments or seek to recoup the amount of such payments, or any part thereof. The foregoing shall include, without limitation, all rights to recover preferences voidable under the federal Bankruptcy Code, In the event that any such payments by Consolidated Disposal Service to the City are set aside after the making thereof, in whole or in part, or settled without litigation, to the extent of any such settlement, all of which is within the City's sole and absolute discretion, the Guarantor shall be liable for the full amount the City is required to repay plus costs, interest, attorneys' fees and any and all expenses which the City paid or incurred in connection therewith. The Guarantor shall continue to be liable under the terms of this Guaranty notwithstanding the transfer by Consolidated Disposal Service of all or any portion of the property encumbered by the Agreement. S. Other Provisions. 8.1. Expenses. The Guarantor agrees to pay all attorneys' fees and all other costs and expenses which may be incurred by the City in the enforcement or collection of'this Guaranty O and the indebtedness and obligations of Consolidated Disposal Service under the Agreement, whether or not suit is filed. 8.2. Interest. All amounts required to be paid to the City by the Guarantor pursuant to the provisions of this Guaranty (including, withoiit limitation, pursuant to Section 2 and 8.1 hereof) shall bear interest from the date upon which such amounts are due to the date of payment thereof at the highest rate permitted by law. All payments of such amounts by the Guarantor shall include any such accrued interest. 8.3. Governing Law. The validity, construction and performance of this Guarantee shall be governed by the laws, without regard to the laws as to choice or conflict of laws, of the State of California. 8.4. Entire Agreement. This Guaranty embodies the entire agreement and understanding between the City and the Guarantor pertaining to the subject matter of this Guaranty, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of such parties, pertaining to that subject matter. 8.5. Assignment: Binding Effect. Neither this Guaranty nor any rights or obligations under this Guaranty may be assigned by the Guarantor without the prior written consent of the A-5 PS -05-06-09 So #4828-1050.7776 v1 Temporary Bin and Roll -Off Box Solid Waste Agreement Between t1we City of Sante Clarlta slid Consolidated Disposal Semee City. Subject to the foregoing, the provisions of this Guaranty shall bind and inure to the. benefit of the City and the Guarantor and their respective heirs, executors, personal representatives, successors and assigns. 8.6. Notices. Whenever the City or the Guarantor desire or are required to give any notice, demand or request with respect to this Guaranty, each such communication shall be in writing and shall be given. by personal. service or mailed by Certified Mail, postage prepaid, return receipt requested, addressed to Guarantor as set forth in the first paragraph of this Guaranty and to City at City's City Hall. Such communications sent shall be effectively given when they are received by the addressee thereof, but if sent by Certified Mail, they shall be effectively given three (3) days after being deposited in the United States Mail. The City and the Guarantor may change their respective address for such communications by giving notice to the other in conformity with this Section. 8.7. Amendment and Waiver. This Guaranty may not be amended, modified or supplemented except by a writing duly executed by the Guarantor and a duly authorized officer of the City. No provision of this Guaranty or right of the City under this Guaranty can be waived except by a writing duly executed by a duly authorized officer of the City. No waiver by the City of a breach of any provision of this Guaranty shall be construed as a waiver of any subsequent or different breach, and no forbearance by the City to seek a remedy for noncompliance or breach by the Guarantor shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach. 8.8. Time. Time is of the essence with respect to each provision of this Guaranty. 8.9. Severability. The invalidity or unenforceability of any particular provision of this Guaranty shall not affect the other provisions, and this Guaranty shall be construed in all respects as if any invalid or unenforceable provision were omitted. 8.10. Further Action. The Guarantor agrees to perform any further'acts and to execute and deliver any other documents which may be necessary in the opinion of the City to effect the provisions of this Guaranty. 8.11, Headings . The section and other headings contained in this Guaranty are for reference purposes only and shall not affect in any way the meaning or interpretation of this Guaranty. L SO P4828-1050.7776 vt A-6 PS -05-06.09 Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City or Santa Clerao and Consolidated Disposal Service IN WIINESS WBEREOF, the Guarantor, intending to be bound, has executed this Guaranty as of the year and date first above written. GUARANTOR: Republic Services, By: [CE si bent, Chairman of the Board or any Vice r And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of FLOP IDP , County of BRc'N"rCt , ss. On this 3`cl day of 7P"0,ay in the year 2006 before me LINDA L. FIEUPJRED0 I personally appeared TIM b,ccoOb2 and PPKID -R• BP&CLM personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and acknowledged that he (she or they) executed it pursuant to a resolution of the Board of ODirectors of Republic Services, Inc., a Delaware corporation. SIGNED � "° .�"`d�uft9Ugo' !itz :. t 0 SO @4828-1050-7776 vt A-7 W.. I M 299814 PS -05-06-09 EXHIBIT C COMMERCIAL AGREEMENT USA WASTE OF CALIFORNIA, DBA: WASTE MANAGEMENT NONEXCLUSIVE FRANCHISE AGREEMENT This Nonexclusive Franchise Agreement ("Agreement') is entered into as of , 2013 ("Effective Date") by and between the City of Santa Clarita, a California municipal corporation (the "City") and USA Waste of California, dba Waste Management, a California corporation, ("Franchisee"), who agree as follows: 1. Recitals. This Agreement is made with reference to the following facts and circumstances: (a) On July 1, 2012, Franchisee entered into a nonexclusive franchise agreement with the County of Los Angeles ("County") for solid waste management services in bins to commercial enterprises in the unincorporated territory of the County, including the unincorporated portions of the Santa Clarita Valley ("County Franchise"). A copy of the County Franchise is attached as Exhibit 1. (b) The County Franchise is an open market competitive agreement that sets forth, among other things, certain terms and conditions that Franchisee must comply with in providing solid waste management services. The termination date of the County Franchise was June 30, 2019. (c) In 2012 and 2013, the City completed annexations of certain portions of unincorporated land in Los Angeles County into the City (the "Annexed Areas"). The Annexed Areas are described in the attached Exhibit 2. (d) The County has taken the position that the County Franchise applies only to the unincorporated areas of the County and consequently, it will no longer remain in force and effect as of the date the Annexed Areas are officially are annexed into the City. (e) Pursuant to Public Resources Code section 49520, the City notified Franchisee that the City intends to contract for exclusive solid waste handling services with another provider for the Annexed Areas. (f) The Parties agree that pursuant to Public Resources Code section 49520, Franchisee has the right to continue to provide solid waste handling services for commercial enterprises in the Annexed Areas for a period of five years from the date the City provided notice of its intent to have an exclusive provider for the Annexed Areas, which is agreed to be June 14, 2012 for the Soledad Commons, Copperstone, and Elsmere Canyon areas, and December 17, 2012 for the Fair Oaks Ranch, West Sand Canyon and North Copper Hill areas, and April 16, 2013 for South Sand Canyon area, and August 15, 2013 for the Norland/Robinson Ranch areas. (g) Pursuant to Public Resources Code section 40521, Franchisee must provide such continued solid waste handling services in the Annexed Areas in substantial compliance with the terms and conditions of the County Franchise and must meet the quality and frequency of service that is provided by the City in the City's incorporated areas for such similar service. (h) The City and Franchisee both desire that Franchisee continue to provide solid waste handling services to commercial enterprises in the Annexed Areas and pursuant to the terms and conditions in the County Franchise until the expiration of the term of this Agreement, with some limited amendments. (i) This Agreement will ensure that Franchisee provide solid waste handling services to commercial enterprises in the Annexed Areas in compliance with the terms and conditions of the County Franchise, with certain amendments that are consistent with City standards, until the expiration of the term of this Agreement. This will guarantee consistency and will improve uniformity of service in the Annexed Areas during the term in which the Franchisee has the right to continue to provide such services. 2. Agreement. The City and the Franchisee agree that Franchisee will continue to provide solid waste handling services to commercial enterprises in the Annexed Areas pursuant to, and bound by, the terms and conditions of the County Franchise for the Term (as defined below) of this Agreement, with the following amendments: (a) Any reference to the "County", "Los Angeles County", the "Los Angeles County Department of Public Works", or the "Director of the Los Angeles Department of Public Works" in the County Franchise shall mean "City". (b) Section 1(D) of the County Franchise concerning franchise fees is deleted and replaced with the attached Exhibit 3. (c) Section 2(A)(1) of the County Franchise concerning expiration date is deleted and replaced by Section 3 of this Agreement. (d) Section 13 of the County Franchise concerning Indemnification is deleted and replaced with the attached Exhibit 4. (e) Section 14 of the County Franchise concerning Insurance is deleted and replaced with the attached Exhibit 5. (f) All reference in the County Franchise to "roll -off box" or "roll -off" service is deleted and replaced with the attached Exhibit 6, which is a copy of the existing temporary bin and roll -off solid waste franchise agreement between Franchisee and City ("Existing Roll -Off Agreement'), and Franchisee agrees to abide by the terms and conditions in the Existing Roll -Off Agreement and any future amendments to such. 3. Term and Termination. The term of this Agreement begins on the Effective Date and terminates as follows: Franchisee's rights to provide service and obligations under this Agreement with regard to the Annexed Area terminate as follows: 1. On June 14, 2017 for the annexed areas of Soledad Commons, Copperstone, and Elsmere Canyon; 2. On December 17, 2017 for the annexed areas of Fair Oaks Ranch and West Sand Canyon; and 3. On December 17, 2017 for the annexed area of North Copper Hill; and 4. On October 16, 2018 for the annexed area of South Sand Canyon; and 5. On October 16, 2018 for the annexed areas of Norland and Robinson Ranch. These five dates are collectively referred to as the "Annexed Area Termination Dates". For the avoidance of doubt, Franchisee shall have no further right to provide solid waste handling services to commercial enterprises in the Annexed Area after the Annexed Area Termination Dates, unless otherwise authorized in writing by the City. 4. Transition Plan. Franchisee shall submit a detailed transition plan six months prior to the Annexed Area Termination Date that outlines how it intends to ensure that the transition from Franchisee to the City's exclusive hauler will be carried out in an efficient manner and will not impact the provision of services to City residents. [Signature Page Follows] IN WITNESS WHEREOF, the Parties enter into this Amendment of the Assigned Franchise as of the date first written above. USA WASTE OF CALIFORNIA, DBA WASTE MANAGEMENT la CITY OF SANTA CLARITA By: Kenneth W. Striplin City Manager ATTEST: Bv: Armine Chaparyan Interim City Clerk APPROVED AS TO FORM: By: Joseph M. Montes City Attorney EXHIBIT 1 (Nonexclusive County Franchise Agreement) of lost"� COUNTY OF LOS ANGELES `. DEPARTMENT OF PUBLIC WORKS x n 7o Enrich LI'ves Through Effective and Caring Service' IIF It 900 SOUTH FREMON'r AVENUE ALHAMBRA, CALIFORNIA 91803.1331 GAIL FARBER. Dirwor Tokphone:(636) 458.5100 hap:(tdpw.Lmwxy.gov June 25, 2012 Mr. Lary Metter USA Waste of California, Inc. 13940 East Live Oak Boulevard Baldwin Park, CA 91706 Dear Mr. Metter: TRANSMITTAL OF EXECUTED CONTRACT ADDRESS ALL CORRESPONDENCh TO: P.O. BOX 1460 ALHAMBRA. CALIFORNIA 91803.1460 IN REPLY PLEASE REFERTOFILE: AS -0 003097 Enclosed is your copy of Contract No. 003097 for work entitled Non -Exclusive Commercial Solid Waste Collection Franchise Agreement for the Unincorporated Areas of the County of Los Angeles as approved by the Board of Supervisors and executed by the Director of Public Works. This Contract will commence on July 1, 2012. Your Public Works Contract Managers for this service will be Mr. Martins Aiyetiwa and Mr. Saro Toutounjian of our Environmental Programs Division. Mr, Aiyetiwa may be reached at (626) 458-3553 and Mr. Toutounjlan may be reached at (626) 458-5172, Monday through Thursday, 7 a.m. to 5:30 p.m. Vehicle decals will be mailed out during the week of June 25, 2012. As Public Works Ombudsman for service contracts, please call me if you encounter a problem that cannot be resolved by the Contract Manager. I can be reached at (626) 458-4078, Monday through Thursday, 7 a.m. to 5 p.m. Very truly yours, GAIL FARBER Director of Public Works GHAYANE ZAKARIAN, Chief Administrative Services Division JC P:laspub%CONTRACTUesucTRANCHISE-COMMERCIAL)2011V4FSO 11.08-11WWARO1TIans of Executed ConlrachUSA WASTE 003097.dec Enc. CONTRACTOR EXECUTE Non-EXclusive Commercial Solid Waste Collection Franchise Agreement For the Unincorporated Areas of The County of Los Angeles BETWEEN THE COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS AND USA WASTE OF CALIFORNIA, INC. dba WASTE MANAGEMENT COMPTON HAULING WASTE MANAGEMENT LA METRO HAULING WASTE MANAGEMENT BLUE BARREL DISPOSAL CONTRACT # 003097 Franchise Date: JULY 1, 2012 Expiration Date: JUNE 30, 2019 1 2012-FA001 Non -Exclusive Commercial FrancMse TABLE OF CONTENTS 3 REFERENCES.................................................................... ............................................ 9 EXHIBIT B - MAP OF UNINCORPORATED COUNTY AREAS...............................66 RECITALS..................................................................................................................... EXHIBIT C - SECTION1 - FRANCHISE GRANT..............................................................................10 EXHIBIT D - MANDATORY RECYCLING REQUIREMENTS................................72 2 ...............................................13 EXHIBIT E - SECTION -TERM ........................... I. .......................... SECTION 3 - SCOPE OF FRANCHISE SERVICES.....................................................15 88 EXHIBIT F - INTERNAL REVENUE SERVICE NOTICE 1015 ....................................92 SECTION 4 - SERVICE STANDARDS.........................................................................17 EXHIBIT G - SAFELY SURRENDERED BABY LAW POSTERS ...........................93 SECTION5 - PRIVACY................................................................................................19 SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING ...................19 BOND FOR FAITHFUL PERFORMANCE........................................97 EXHIBIT I - SECTION 7 - CUSTOMER SERVICE...........................................................................20 8 OWNERSHIP OF MSW; DISCLAIMERS................................................23 SECTION - SECTION 9 - SETTING RATES AND CUSTOMER BILLING......................................24 SECTION 10 - FRANCHISEE RECORDS; AUDITS.....................................................24 11 COUNTY'S DIVERSION PRIORITIES..................................................26 SECTION - REPORTS SECTION12 - .....................................................................I.......................27 SECTION 13 - INDEMNIFICATION..............................................................................28 SECTION14 - INSURANCE.........................................................................................30 15 FINANCIAL ASSURANCE SECTION - ...................................................................30 SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; 31 DEBARMENT.......................I............................. SECTION 17 - ENFORCEMENT OF AGREEMENT.....................................................37 18 GENERAL PROVISIONS SECTION - .....................................................................39 SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT.................40 SECTION 20 - EXECUTION OF AGREEMENT...........................................................41 ATTACHMENT NO. 1 (Section 3A) -FRANCHISE SERVICES..................................43 ATTACHMENT NO. 2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES...............................................................52 ATTACHMENT NO.3 (Section 14) -INSURANCE REQUIREMENTS ........................53 ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS................................................................................................................ 60 EXHIBIT A - LIST OF UNINCORPORATED COUNTY COMMUNITIES ......................65 EXHIBIT B - MAP OF UNINCORPORATED COUNTY AREAS...............................66 EXHIBIT C - CUSTOMER BILL OF RIGHTS.....................................................69 EXHIBIT D - MANDATORY RECYCLING REQUIREMENTS................................72 EXHIBIT E - DEFAULTED PROPERTY TAX REDUCTION PROGRAM ..................... 88 EXHIBIT F - INTERNAL REVENUE SERVICE NOTICE 1015 ....................................92 EXHIBIT G - SAFELY SURRENDERED BABY LAW POSTERS ...........................93 EXHIBIT H - BOND FOR FAITHFUL PERFORMANCE........................................97 EXHIBIT I - FRANCHISE DOCUMENTATION...................................................99 2 2012-FA001 Non -Exclusive Commercial Franchise REFERENCES The text in this Franchise Agreement uses the following conventions: (1) References to Sections and Articles refer to Sections and Articles of this Agreement, unless specified otherwise. (2) References to Attachments and Exhibits refer to Attachments and Exhibits appended to this Agreement. (3) References to Subsections are to the Section in which that Subsection occurs, unless specified otherwise. (4) Words have the meanings defined below or in the text of this Agreement. Definitions inserted in text are italicized. 3 - 2012-FA001 Non -Exclusive Commercial Franchise SECTION DEFINITION AB 939 California Integrated Waste Management Act of 1989, California Public Resources Code 40000 et seq. bin 1A breach 16A bulky item Attachment No. 1 F2 cart 1 B No.(5) CCR California Code of Regulations CEDs A "covered electronic device" as defined in California Public Resources Code Section 42463, including: (1) cathode ray tube (CRT) device (including television and computer monitor); (2) LCD desktop monitor; (3) Laptop computer with LCD display; (4) LCD television; (5) plasma television; and (6) any other "covered electronic devices" listed in the regulations adopted by the California Department of Toxic Substances Control pursuant to California Health and Safety Code Section 25214.10.1(b). container Cart, bin, roll -off box or other container for storing discarded solid waste pending collection. 3 - 2012-FA001 Non -Exclusive Commercial Franchise commercial Refers to premises such as stores; offices; industrial plants; private schools; restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers and nursing homes (with respect to nonmedical waste only). Commercial does not include residential premises or multifamily premises. County business 4F day County's office 4F hours County's Direct costs of COUNTY (including payroll and reimbursement benefits, materials, and services) plus 35 percent costs thereof. customer Someone who subscribes to franchise services from FRANCHISEE. Customer Bill of 7C Rights Customer 7C Subscription Order date of this Paragraph Agreement above Recitals day Calendar day default 1681 Director The County of Los Angeles Director of Public Works or his or her authorized representative. E -waste Waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, and calculators. franchise fee 1 D franchise 1A services franchise year July 1 — June 30 (contrasted with a calendar year Garbage Districts formed pursuant to Public Resources Disposal Districts Code Section 4900 et seq., and Los Angeles County Code Cha ter29.90. 2012-FA001 Non -Exclusive Commercial Franchise 5 2012•FA001 Non -Exclusive commercial Franchise immediate family 1E including "including, without limitation" law 4A liabilities 13D MRF Materials Recovery Facility multifamily Refers to the following premises: (1) dwellings with three or more attached dwelling units (such as apartments), each with separate cooking and bathing facilities; (2) townhouses, whether attached or detached, (3) condominiums, whether attached or detached; or (4) the following developments that receive solid waste services in bins: • planned residential developments (PRD's), • planned urban development's (PUD's), and • community developments (such as mobile home parks). notice 18C premises A tract of land with habitable buildings located in the service area, which is safely accessible by trucks used to provide franchise services. promptly Within two County business days quarter The following periods: (1) January 1 — March 31, (2) April 1 — June 30, (3) July 1 — September 30, or (4) October 1 — December 31. reasonable Actions that a prudent business person would efforts take under the same or similar circumstances intending in good faith to satisfy its obligations. records 10A records es 161 On the date of this Agreement, recyclables include the following types of solid waste: (1) aluminum and metal cans; (2) newspaper; (3) glass jars and bottles; 4 tin cans; 5 2012•FA001 Non -Exclusive commercial Franchise 6 2012-FA001 Non -Exclusive Commercial Franchise (5) plastic soda bottles; (6) plastic milk and water jugs; (7) plastic bags (e.g,, bread, frozen food, grocery bags); (8) type No. 1 plastic containers (PET - polyethylene terephthalate); (9) type No. 2 plastic containers (HDPE -high density polyethylene); and type No.3-7 containers. (10) all types of paper (e.g., office paper, junk mail, magazines, telephone books); (11) corrugated cardboard refuse "Solid waste" comprised of garbage, rubbish and trash regulatory 4A authority Request for All documentation and information that Statement of FRANCHISEE submits to COUNTY and that the Qualifications Director deems complete, including: (1) Unpermitted Waste Screening Protocol; (2) Customer Subscription Order Template Form; (3) Recycling and Waste Diversion Plan; (4) Vehicle List residential Refers to premises containing detached, single- family homes or duplexes, other than: (1) townhouses, whether attached or detached, (2) condominiums, whether attached or detached, or (3) the following developments that receive solid waste services in carts: • planned residential developments (PRD's), • planned urban development's (PUD's), and • community developments (such as mobile home parks) roll -off box 1A service area The unincorporated area of the COUNTY 6 2012-FA001 Non -Exclusive Commercial Franchise sharps Attachment No.1 E3b solid waste 1A solid waste 3B facility solid waste (1) "Solid waste handling" defined under management California Public Resource Code Section services 40195 (on the date of this Agreement, collection, transportation storage, transfer or processing of solid waste), and (2) "Solid waste disposal" defined under California Public Resource Code Section 40192, as required by County Code Section 20.72.140 subcontractors Anyone that provides goods or services (whether or not pursuant to oral or written agreement), related to: (1) collection, transportation, or storage of solid waste, CEDs or E -waste handled under this Agreement; or (2) operation, maintenance, and repair of assets used to provide franchise services such as For example transfer 1 E uncontrollable The following events: circumstances (1) riots, war, or emergency affecting the COUNTY declared by the President of the United States or Congress of the United States, the Governor of California, or the Board of Supervisors; (2) sabotage, civil disturbance, insurrection, explosion; (3) natural disasters such as floods, earthquakes, landslides, and fires; (4) strikes, lockouts and other labor disturbances; and (5) other catastrophic events that are beyond the reasonable control of FRANCHISEE despite FRANCHISEE'S reasonable efforts, excluding: . FRANCHISEE'S financial inability to provide franchise services, or 7 2012-FAoot Noh.Exolusive Commercial Franchise 2012-FA001 Non -Exclusive Commercial Franchise • FRANCHISEE's failure to obtain any permits necessary to provide franchise services or the right to use the facilities of any 2ublic entity unpermitted 6A waste violation/violation Any noncompliance with law as evidenced by of law notice, assessment, or determination of any regulatory authority to FRANCHISEE, whether or not a fine or penalty is included, assessed, levied, or attached. year Calendar year, unless "franchise year" is explicilly provided. 2012-FA001 Non -Exclusive Commercial Franchise The County of Los Angeles, a political subdivision of the State of California (COUNTY), and USA WASTE OF CALIFORNIA, INC. dba WASTE MANAGEMENT COMPTON HAULING, WASTE MANAGEMENT LA METRO HAULING, WASTE MANAGEMENT BLUE BARREL DISPOSAL, a California Corporation (FRANCHISEE) enter into this Agreement on the date of this Agreement. "date of this Agreement" means the date that both parties have signed this Agreement in Section 20. RECITALS OPEN MARKET COMPETITION. Historically, private waste haulers and not County have arranged to provide municipal solid waste management services in bins to commercial enterprises in the unincorporated territory of County. Private haulers and their commercial customers have competitively negotiated service charges in an open - market, except in Garbage Disposal Districts and residential franchise areas, where the haulers contract with County to provide solid waste management services. FRANCHISE. PURPOSE. Under this Agreement, private haulers will continue to arrange to provide solid waste management service in bins to commercial customers, subject to the terms of this Agreement. This Agreement will: • increase hauler accountability for customer service, • help implement the Source Reduction and Recycling Element of the County's Solid Waste Plan, including providing diversion programs, maintaining more accurate records and improving reporting, and specifically the establishment and enforcement of recycling programs for businesses and multifamily dwellings, • provide efficient contract administration and enforcement by COUNTY staff, and • provide bulky waste collection to curb illegal dumping . SOLID WASTE PERMITS. Article XI, Section 7 of the California State Constitution authorizes COUNTY to protect the public health and safety by exercising its authority over police and sanitary matters. Historically, the COUNTY Department of Health Services issued permits to haulers for the hauling of solid waste with requirements to protect public health and safety, including frequency of collection and collection vehicle maintenance. It will continue to do so, and FRANCHISEE shall continue to obtain that permit and comply with all of its provisions. SELF -HAUL OPTION. This Agreement does not require anyone to subscribe to franchise services from FRANCHISEE. Owners and occupants of premises may self - haul their solid waste. They may store solid waste generated on their premises in their own containers, and collect and transport it in their own vehicles for reuse, recycling, or 2012-FA001 Non -Exclusive commercial Franchise disposal. Customers' obligations to pay FRANCHISEE service fees under this Agreement does not arise because they own property, but because they generate refuse and do not exercise their right to self -haul. FRANCHISE AUTHORIZATION. California Public Resources Code Section 40059 specifically authorizes COUNTY to prescribe the terms and conditions of aspects of solid waste management services, including: • the nature, location, and level/extent of services. • frequency of collection; • means of collection and transportation; • service charges and fees; and • whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. County Code Chapter 20.70 authorizes the Director to require franchises in any part of the unincorporated territory of the County that is not served by a Garbage Disposal District. COUNTY consulted with representatives of waste haulers in developing this Agreement. COUNTY and representatives of the private hauling industry met many times to discuss the scope of franchise services, service specifications, service standards, and other performance obligations and to address the industry's questions, comments, and concerns. SECTION 1— FRANCHISE GRANT A. Non -Exclusive Grant and Acceptance. COUNTY grants to FRANCHISEE and FRANCHISEE accepts the non-exclusive right and privilege to provide franchise services with respect to solid waste discarded in bins and roll -off boxes and within the unincorporated areas of the COUNTY. In COUNTY'S sole discretion, COUNTY may also grant to other persons the same rights and privileges that it grants FRANCHISEE under this Agreement. COUNTY is not liable to FRANCHISEE for acts of anyone who provides solid waste management services without a permit or franchise required by law, and FRANCHISEE releases COUNTY from any liability in connection with any of those acts. "franchise services" means all FRANCHISEE'S obligations under this Agreement to its customers and COUNTY. "solid waste" means "solid waste" defined in California Public Resource Code Section 40191. 10 ` 2012-FA001 Non -Exclusive Commercial Franchise loading vehicles, such as those having a 1- to 8 -yard capacity', commonly referred to as dumpsters. "roll -off box" means any open -topped rectangular container for storage, collection, and transport of solid waste that are rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks), sometimes referred to as debris boxes. B, Exclusions from Franchise. This grant excludes: (1) recyclables that any person donates or sells to someone other than FRANCHISEE. recyclables" means types of solid waste designated by COUNTY. (2) solid waste that any person self -hauls, such as shingles generated by roofers and yard waste by gardeners who: • collect the solid waste in receptacles other than those provided by FRANCHISEE, and • transport the solid waste in that person's own vehicles for disposal or processing. (3) solid waste is "self -hauled" if it meets both of the following two requirements: • FRANCHISEE owns the property where it collects the solid waste, as evidenced by its name on the deed of the title for the property, and • FRANCHISEE does not charge anyone for those services, as proven to the County's satisfaction (4) solid waste discarded at premises owned or controlled by COUNTY or any other person governed by the Board of Supervisors ; (5) solid waste discarded at premises owned or controlled by: the State of California; any school district; or any person that is not legally obligated to subscribe to franchise services. (6) solid waste discarded in carts at premises that receive franchise services under an exclusive franchise awarded by the COUNTY for cart service (such as an Exclusive Franchise Agreement For Provision of Refuse, Recyclables, and Green Waste Automated Carl Services at Residential Premises and Certain Multifamily and Commercial Premises), including residential, multifamily and commercial premises. However, FRANCHISEE must collect recyclables discarded in carts at customers' premises under its Recycling and Waste Diversion Plan in its Request for Statement of Qualifications and Attachment No. 1. "cart" means a wheeled container for storage of solid waste that is (semi) automatically picked up by mechanical arms on a side loading truck (7) solid waste discarded by anyone who is receiving solid waste management services from a solid waste enterprise (if any) that has the statutory right to continue to provide franchise services to that person under California Public Resource Code Section 49520 et seq. 11 2012-FA001 Non -Exclusive Commercial Franchise- C. Definition of Rights. FRANCHISEE acknowledges: (1) This Agreement does not grant FRANCHISEE any rights under Public Resource Code Section 49520. (2) FRANCHISEE does not have the right to make any claim under Public Resource Code Section 49520, but only under this Agreement. Upon expiration or termination of this Agreement, FRANCHISEE shall cease providing franchise services even if the expiration or termination occurs before the end of the period described in Public Resource Code Section 49520. After expiration or termination of this Agreement, COUNTY may reprocure one or more agreements for solid waste management services with FRANCHISEE or other persons. Those agreements may be exclusive, partially exclusive, or wholly exclusive franchises, contracts, licenses, permits or otherwise, with or without competitive bidding. D. Franchise Fee. "franchise fee" means the franchise fee established from time to time and paid under COUNTY Code Chapter 20.70 and implementing ordinances or resolutions of the Board of Supervisors. In consideration for this franchise, FRANCHISEE shall be obligated to COUNTY beginning on the date of this agreement, and shall pay the franchise fee at the time and in the amount and manner established from time to time by County ordinance or resolution of the Board of Supervisors. FRANCHISEE shall not separately Identify the franchise fee in correspondence with its customers, such as in customer subscription orders or service bills, unless the language is approved by COUNTY. All communication with customers regarding increased charges, including both written and oral communication, shall be approved by County. FRANCHISEE shall pay the franchise fee with respect to all fees that it charges customers, including customers that subscribe to: (1) franchise services for bins (such as centrally -located green waste bins in a multifamily complex), and (2) non -franchise services for carts (such as individual carts for each dwelling within a multifamily complex) unless FRANCHISEE pays franchise fees with respect to all or a part of those fees under County residential franchises. E. Transfer. FRANCHISEE may transfer this Agreement, the franchise granted under it, or any rights or duties under it: 12 2012-FA001 Non -Exclusive Commercial Franchise 1. in whole or in part, whether voluntarily or involuntarily, 2. directly or indirectly (including through asset purchase, or merger with or acquisition of the FRANCHISEE), subject to the following exception. FRANCHISEE may not make that transfer without the Director's prior written consent exercised in the Director's sole discretion, if the party to whom the FRANCHISEE makes the transfer (the transferee) does not qualify for any previously extended term of this agreement under Section 2. For example, if the existing FRANCHISEE (transferor) purchased alternative fueled vehicles and this agreement was consequently extended, then the combined vehicle fleet of new FRANCHISEE (transferee) must continue to meet the requirements for that extended term. Upon County request, FRANCHISEE shall pay County an amount requested by County, to conduct investigations deemed necessary by County to determine whether or not to grant its consent to the transfer. "transfer" means an action (or inaction) which has the direct (or indirect) effect of changing the permittee named on FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health, SECTION 2 — TERM A. Length of Term. Expiration Date. The term of this Agreement begins on the date of this Agreement and ends on the "Expiration Date" on the cover of this Agreement which is initially the same for all franchisees under Non - Exclusive Commercial Solid Waste Collection Franchise Agreements. 2. Earned Extension. a. 50 percent Fleet Conversion. The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the following contract conditions, determined to satisfaction of COUNTY in COUNTY's sole discretion: 1. FRANCHISEE is not in breach of this Agreement, including compliance with Diesel Particulate Matter Control Measures 13 CCR 2020 et seq.; and 2. 50 percent of the trucks that FRANCHISEE uses to provide franchise services meet the technical specifications for both of the following: 13 4 2012-FA001 Non -Exclusive Commercial Franchise new solid waste collection vehicles under Section (d)(1) of the South Coast Air Quality Management District (SCAQMD) RULE 1193. CLEAN ON -ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES in effect on the date of this agreement; and added or replaced transfer or roll off vehicles under Section (d)(2) of Rule 1193. The technical specifications in Diesel Particulate Matter Control Measures 13 CCR 2020 et seq. are incorporated by reference into this agreement as contractual provisions, whether or not those Measures apply to this agreement or FRANCHISEE as regulatory requirements. 5o Percent CONVERSION DATE EXTENDED EXPIRATION DATE as of this franchise date/ prior to July 1, 2012 June 30, 2022 prior to July 1, 2013 June 30, 2021 prior to July 1, 2014 June 30, 2020 b. 75 percent Fleet Conversion. The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the preceding contract conditions in Subsection 2a, above, with respect to 75 percent of those trucks, determined to satisfaction of COUNTY in COUNTY's sole discretion: 75 Percent CONVERSION DATE EXTENDED EXPIRATION DATE prior to July 1, 2015 June 30, 2022 prior to July 1, 2016 June 30, 2021 prior to July 1, 2017 June 30, 2020 C. Proof of Conversion. Each year FRANCHISEE shall attach to its annual report an inventory of all solid waste collection, transfer, and roll off vehicles used to provide franchise services, including the following information: 1. application (solid waste collection, roll off, or transfer) 2. vehicle identification number, 3. license plate number, 4. engine model year, 5. fuel type, 6. domicile location, and 7. other information requested by COUNTY. 14 2012•FADDI Non -Exclusive Commercial Franchise Throughout the extended term, FRANCHISEE must continue to meet both extension conditions determined to satisfaction of COUNTY in COUNTY's sole discretion. d. No Conversion or Earned Extension. If FRANCHISEE does not meet either the 50 percent or 75 percent extension requirement, then upon scheduled expiration of this agreement on June 30, 2019, the term of this agreement will be extended on a month -by -month basis until the earlier of: 1. the date the Director names in notice to FRANCHISEE, given in the Director's sole discretion, or 2. June 30, 2022. 3. Optional Extension. In its sole discretion the Director may extend the term one or more times in monthly increments for up to three years plus a month-to-month extension up to six months. B. Continuing Obligations. The following provisions survive the expiration or termination of this Agreement: (t) all acknowledgments, representations, warranties, indemnities, defenses, and releases; (2) obligations to pay any due and payable monetary amounts or claims for those amounts, including franchise fees; (3) obligations with respect to records and reports, (4) obligations to respect customers' privacy; and (5) any other provision of this Agreement stated to survive the expiration or termination of this Agreement. C. Undepreclated Assets. FRANCHISEE acknowledges that it has no right to recover an amount equal to the undepreciated value of assets it uses to provide franchise services that might remain at the expiration or termination of this Agreement, from COUNTY or customers. SECTION 3— SCOPE OF FRANCHISE SERVICES A. Arrangement with Customers. FRANCHISEE may independently arrange to provide franchise services in bins and roll -off boxes in the service area at the frequency, capacity, price, and other terms agreed to with its customers. B. Acknowledgements. FRANCHISEE acknowledges the following: a 15 2072-FA001 Non -Exclusive Commercial Franchise (1) Although this Agreement prescribes minimum scope of franchise services, service specifications, and service standards, COUNTY is not responsible for supervising or performing franchise services; (2) FRANCHISEE and not COUNTY is arranging for franchise services, and COUNTY does not become a "generator" or an "arranger" as those terms are used in the context of CERCLA Section 107(a)(3), and (3) FRANCHISEE has full freedom, discretion, and responsibility to solely determine the manner of providing franchise services, including its choice of solid waste facilities, unless COUNTY designates one or more solid waste facilities under Section 3G. "solid waste facilities" means "solid waste facility" defined in Public Resource Code Section 40194; facilities that handle CEDs and E -waste; and any other facilities named by COUNTY. C. COUNTY Solid Waste Programs. FRANCHISEE shall provide to its customers all franchise services in bins and roll -off boxes described in ATTACHMENTS No. 1 and No. 2, respectively. FRANCHISEE shall not dispose of recyclables or mix recyclables with refuse. D. Director Request. Upon Director request, FRANCHISEE shall use its best efforts to promptly provide franchise services to any premises identified by Director, as the Director deems necessary to protect public health or safety. E. Emergency Assistance. FRANCHISEE shall provide solid waste management services requested by COUNTY in health and safety emergencies (such as an earthquake, storm, or riot, or when solid waste is accumulating at set -out sites for more than a week). FRANCHISEE shall charge COUNTY no more than what FRANCHISEE charges its customers for the same frequency and capacity of service, unless Director authorizes different charges upon request of and cost substantiation by FRANCHISE. Upon request of COUNTY, FRANCHISEE shall give COUNTY, Califomia or Federal officials information that is related to cost of providing the emergency services (such as number or amount of vehicles, fuel, employees, tonnage and disposal fees). F. Franchisee -Selected Solid Waste Facilities. Unless COUNTY designates one or more solid waste facilities under Section 3G, FRANCHISEE shall select solid waste facilities solely in its discretion, including transfer stations and material recovery; composting and disposal facilities; and materials brokers and beneficiators. FRANCHISEE shall notify COUNTY of the solid waste facilities that FRANCHISEE chooses for each respective type of solid waste (refuse, recyclables, bulky items, and any green waste), CEDs, and E -waste. 16 2012-FA001 Non -Exclusive commercial Franchise FRANCHISEE must deliver solid waste, CEDs and E -waste only to those facilities. G. Designation. County reserves the right to direct one or more of those materials referenced above to a specified site or facility [within the County] upon agreement with FRANCHISEE on the amount of any additional compensation under the following subsection. H. Compensation. COUNTY will compensate FRANCHISEE for any direct costs (such as increased tipping fees) which FRANCHISEE incurs following delivery of materials to a County -designated solid waste facility instead of to a Franchisee -selected solid waste facility. SECTION 4 - SERVICE STANDARDS A. Legal Requirements. FRANCHISEE shall provide franchise services in compliance with law, such as the following: (1) County Code Section 20.72.130 Hours of Collection; (2) 14 California Code of Regulations 17314 & 17316 (RE maintenance, placement and labeling of containers); (3) FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health, including any recycling plans and waste screening protocols; (4) County Code Section 2.200 County Child Support Compliance Program, provided in Attachment 4 "Labor -Related Provisions Required in County Contracts",- (5) ontracts';(5) County Property Tax Reduction Ordinance in County Code Section 2.206 (unless FRANCHISEE qualifies for an exemption or exclusion) as provided in Section 16D; (6) California Air Resources Board Diesel Particulate Matter Control Measures at 13 CCR 2020 at seq.; and (7) South Coast Air Quality Management District Rule 1193 CLEAN ON - ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES. "law" means alt statutes, regulations, rules, guidelines, permits, actions determinations, order or requirements of regulatory authorities that apply to franchise services or this Agreement, including their future amendments, supplements, replacement, restatement or recodification. "regulatory authority means a Federal, State or local governmental agency that regulates franchise services, including CA DOT, CA DMV, EDD, COUNTY, COUNTY'S LEA and U.S, immigration and Naturalization Services, or other health 17 2012-FA00I Non -Exclusive Commercial Franchlse and safety department of the agency. Provisions of law are incorporated into this Agreement by reference as FRANCHISEE's contractual obligations. COUNTY may enforce those provisions not as violations of law (subject to fines or penalties), but as breaches of this Agreement (subject to remedies under this Agreement). COUNTY has no obligation to enforce law. B. Spills. FRANCHISEE shall enclose or cover all solid waste that it transports, whether in vehicles, debris boxes, hoppers, compactors, or any other containers. FRANCHISEE shall prevent solid waste from escaping, dropping, spilling, leaking, blowing, sifting, falling, or scattering from vehicles ("spills") during collection and transportation. FRANCHISEE shall not transfer loads from one vehicle to another vehicle unless necessitated by mechanical failure or accidental damage to a vehicle. FRANCHISEE shall immediately clean up any solid waste that it spills onto any alley, street, or public place. C. Leaking. FRANCHISEE shall prevent oil, hydraulic fluid, paint, putrescible waste, or other liquid from leaking from its vehicles or containers. FRANCHISEE shall equip each vehicle with petroleum absorbent agents and other appropriate cleaning agents. FRANCHISEE shall immediately cover, treat, or remove leaked materials from the ground and apply cleaning agent to minimize their adverse impact. D. Noise and Traffic. FRANCHISEE shall collect solid waste in compliance with noise levels prescribed by applicable law, including County Code Section 12.08.520 -Refuse, as quietly as possible and with the least possible disruption to the peace and quiet of the service area. FRANCHISEE shall perform franchise services so as to cause the least possible obstruction and inconvenience to public traffic. E. Customer Correspondence and Other Materials. FRANCHISEE shall submit the following materials to the Director for approval 30 days prior to mailing them to customers: (1) all written materials given to FRANCHISEE'S customers (other than with respect to an individual customer's service disputes, questions, or complaints), and (2) all materials that reference franchise services, such as sales brochures; commercial advertisements, and news releases. F. Responsiveness to County. FRANCHISEE shall: 18 2012•FA001 Non -Exclusive Commercial Franchise (1) return telephone calls from COUNTY to the individual who made that call during County office hours no later than the next County business day; (2) meet with COUNTY during County office hours within one week of COUNTY oral or written request at the location directed by COUNTY; (3) respond to all e-mails from COUNTY within two County business days of receipt; and (4) respond to written correspondence from COUNTY within one week of its receipt. "County office hours" means 7 a.m. to 5:30 p.m., Monday through Thursday and 8 a, m. to 4 p.m. on Friday. "County business days" means any day that COUNTY's Department of Public Works is open to do business with the public. G. FRANCHISEE's Representation. On the date of this Agreement, FRANCHISEE has fully complied with all law relating to the procurement of this Agreement, including law relating to conflicts of interest and the County Lobbyist Ordinance, County Code Chapter 2.160 SECTION 5 - PRIVACY A. General. FRANCHISEE shall strictly observe and protect its customers' privacy and trade secrets, including their rights to privacy under law. In addition, FRANCHISEE shall not: (1) reveal to anyone other than COUNTY any information identifying individual customers or the composition or contents of a customer's solid waste without that customer's permission, unless required by law; or (2) market or distribute mailing lists with customers' names and addresses. B. FRANCHISEE shall not assert that any privacy right accorded its customers under law prohibit FRANCHISEE from participating in solid waste characterization studies or waste stream analyses, keeping records, making reports, or assisting COUNTY in meeting any requirements under law. SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING A. Unpermitted Waste. "Unpermitted waste" means: (1) materials that are not solid waste, including: 19 2012-FA001 Non -Exclusive Commercial Franchise • universal waste (materials that the California Department of Toxic Substances Control considers universal waste, including materials listed in 22 CCR 66261.9), • household hazardous waste and other hazardous waste, • medical waste, and • radioactive waste; and (2) waste tires in excess of the number prescribed in 14 CCR 17355(b,) or reduced in volume as required in 14 CCR 17355(A); and any other materials that cannot be disposed of in class 11 sanitary landfills described in 27 CCR 20250. B. Prohibition and Protocol. FRANCHISEE is prohibited from collecting any unpermitted waste observed by FRANCHISEE, unless FRANCHISEE is legally licensed to do so. FRANCHISEE shall implement the Unpennitted Waste Screening Protocol included in its Request for Statement of Qualifications. FRANCHISEE shall annually give each of its customer's written material describing its customer education program for safe disposal. C. Reports to Director. If FRANCHISEE observes that any substance it reasonably believes or suspects to contain unpermitted waste has been disposed of or released on any COUNTY or any other public property (including storm drains, streets, or other public rights of way), FRANCHISEE shall use reasonable efforts to report its observation to the Director in addition to reporting it to the appropriate regulatory authority as legally required. D. labels. Within three months after this franchise date FRANCHISEE shall conspicuously label each bin and roll -off box with stickers, embossing, or other secure means, prohibiting customers from discarding unpermitted waste and including illustrative examples. SECTION 7 - CUSTOMER SERVICE A. Standards. FRANCHISEE shall respond to its customers' questions and complaints in accordance with all requirements under law, such as the following: (1) County Code Section 20.72.160 (RE customer service telephone and record-keeping requirements), where, for purposes of this Agreement, the Director shall be deemed the enforcement agency, or (2) 14 CCR Section 17317 (RE placing identifying name and telephone number on containers). B. County's Reimbursement Costs. If any COUNTY employee or other person acting upon direction of the County spends more than the following amounts of time resolving customer complaints, FRANCHISEE shall reimburse COUNTY the County's reimbursement costs therefore: 20 2012-FAODI Non-EXCIUSive Commercial Franchise (1) more than one hour in the aggregate resolving complaints from any single customer of FRANCHISEE who states he or she has previously made that complaint to FRANCHISEE; or (2) more than one hour in any work week (Monday through Friday) resolving complaints from different customers of FRANCHISEE. C. Customer Subscription. 1. Provide to Customers "Customer Subscription Order" means Customer Subscription Order Form in Franchisee Application. "Customer Bill of Rights" means the Customer Bill of Rights in substantially the form of Exhibit No. C. Before beginning franchise services FRANCHISEE shall give each customer: (1) Customer Subscription Order, (2) Customer Bill of Rights, and (3) the most recent bi-annual newsletter (see Attachment 1, Section D1). FRANCHISEE may require those customers for whom FRANCHISEE is required to operate vehicles on private property to sign a Subscription Order containing a waiver of liability with respect to damage to private driveways or pavement, in form approved by COUNTY. FRANCHISEE shall include on its customer invoices (other than invoices to roll- off customers): (1) the address of the website that provides a summary of the Customer Bill of Rights, general Customer Subscription Order, and (2) directions on how to obtain a complete copy of a customer's Customer Service Order. 2. No Evergreen. FRANCHISEE shall not include in the terms of customer subscription orders or other service contract with its customers any automatic renewals or extensions, colloquially referred to as "evergreen" clauses, which obligate a customer to take affirmative, prescribed action in order to terminate the subscription order (such as giving written notice within a specified time period before the stated expiration of the subscription order). 21 ` 2012-FA001 Non -Exclusive Commercial Franchise 3. Term Limitation. FRANCHISEE shall limit the terms of customer subscription orders to no longer than the remaining term of this Agreement. 4. Termination Option and Rights. (1) FRANCHISEE shall give each customer the option to terminate its customer subscription order without cause on 90 days notice to FRANCHISEE, if the customer is not delinquent in paying any fees for franchise services, and regardless of the following: 1. the term of a customer subscription order, or 2. whether or not the customer subscription order explicitly gives customer this termination right. (2) FRANCHISEE shall also give each of its customers the right to terminate service immediately in the event of emergency, or within two weeks if FRANCHISEE: • fails to provide franchise services in accordance with the terms of this Agreement or any agreement between the customer and FRANCHISEE; or • bills the customer for charges in excess of those agreed upon between the customer and FRANCHISEE. 5. No Charges. FRANCHISEE shall not impose a charge on a customer that terminates franchise service with or without cause, including liquidated damages, penalties, or bin or roll -off box removal fees. 6. Amended Customer Subscription Orders. However, FRANCHISEE shall do the following: as of this franchise date, FRANCHISEE shall give customers a 13111 of Rights explaining the evergreen prohibition and customers' termination rights; and within 6 months of this franchise date FRANCHISEE shall amend its subscription orders to explicitly delete any evergreen provisions and grant customers their termination rights described in this Section. D. Repair and Replacement of Containers. Within two weeks of customer request or County direction, FRANCHISEE shall repair or replace containers that are damaged or constitute a threat to public health and safety (including keeping out rodents, flies, and other vectors). FRANCHISEE shall provide additional containers upon customer request. FRANCHISEE shall be bound by COUNTY'S 22 2012-FA001 Non -Exclusive Commercial Franchise determination of whether a container is damaged or constitutes a threat to public health or safety. FRANCHISEE may charge customer for replacement of a recyclables cart. E. Overloaded Containers. If FRANCHISEE determines that a container is repeatedly filled beyond capacity. FRANCHISEE shall attach a notice to the container warning that FRANCHISEE will not collect the container the next time it is overloaded. In its quarterly report FRANCHISEE shall give the County a copy of the notice and indicate: (1) the service location, and (2) date of the infraction. FRANCHISEE shall not refuse to collect from container unless it previously: (1) attached a warning notice to the container and (2) gave a copy to the County. F. Litter Cleanup, FRANCHISEE shall clean up all litter caused by FRANCHISEE, including during collection and transport. FRANCHISEE shall staff and equip each collection vehicle with a broom and dust pan. G. Graffiti. FRANCHISEE shall remove graffiti from all containers, paint over graffiti on all containers, or replace containers with graffiti -free containers, within two County business days of: (1) observation by FRANCHISEE'S drivers; or (2) Director's request. SECTION 8 — OWNERSHIP OF SOLID WASTE; DISCLAIMERS A. Ownership. This Agreement does not purport to grant FRANCHISEE or COUNTY ownership over materials that FRANCHISEE's customers discard for pickup by FRANCHISEE or that FRANCHISEE handles under this Agreement. The right to possession or ownership of those materials shall be determined in accordance with law and any agreement between FRANCHISEE and its customers, and not as a result of this Agreement. Parties acknowledge that COUNTY has no ownership rights in solid waste or revenue from sale of recyclables. B. Disclaimer. COUNTY makes no representations or warranties with respect to characterization of solid waste within the COUNTY, any solid waste disposal characterization study, or projections by material type with respect to solid waste in the COUNTY. COUNTY expressly disclaims any representations and 23 2012-FA001 Non -Exclusive Commercial Franchise warranties, either express or implied, as to the merchantability or fitness of solid waste for any particular purpose. SECTION 9 - SETTING RATES AND CUSTOMER BILLING FRANCHISEE shall set, bill and collect fees for franchise services as agreed to with its customers. SECTION 10 - FRANCHISEE RECORDS; AUDITS A. Record Maintenance and Retention. "records" means any type of documentation relating to franchise services, including: (1) customer subscription orders and invoices, (2) complaint logs and customer correspondence; (3) weight tickets and receipts from solid waste facilities (including solid waste processing residual); (4) route maps and schedules, in sufficient detail to allocate solid waste collected within County and outside County on the same route; (5) receipts from recyclables, CED and E -waste transporters, shippers, brokers, benefrciators remanufacturers and purchasers, and (6) with respect to roll -off containers: encroachment permits required by law, container capacity, and frequency of container collection. Legal Requirements. FRANCHISEE shall maintain all records required under law, including: (1) records pertaining to solid waste collection, and disposal under County Code Section 20.72.160; and (2) records under Attachment 4. 2. Inter -Jurisdictional Routes a. Acknowledgement. FRANCHISEE acknowledges that if FRANCHISEE erroneously attributes solid waste that FRANCHISEE collects in incorporated cities, other counties or Garbage Disposal Districts with solid waste that FRANCHISEE collects in the unincorporated areas of the COUNTY under this Agreement, then the COUNTY may be subject to fines for failure to divert solid waste from landfill disposal as required under AB 939. b. Obligation. FRANCHISEE shall comply with 14 CCR 18808.7 and maintain records used to prepare reports submitted to COUNTY, including jurisdiction of origin necessary to determine the weight of 24 2012-FA001 Non -Exclusive Commercial Franchlse solid waste that FRANCHISEE collects in the service area. FRANCHISEE shall document the method by which it allocates solid waste collection route that includes a jurisdiction other than the COUNTY. 3. Disposal Records. FRANCHISEE acknowledges that COUNTY may need to respond to claims (including superfund claims under CERCLA) with respect to disposal of materials that FRANCHISEE handled under this Agreement. FRANCHISEE shall maintain records thereof, including: (1) quantity of solid waste collected under this Agreement; and (2) disposal location and its owner or operator (such as landfill; and incineration, composting or processing facility; or materials broker or purchaser.) FRANCHISEE shall retain those records for a period of at least five years after the expiration or termination of this Agreement. Thereafter, FRANCHISEE shall notify the Director at least 30 days before destroying those records. 4. Complaint Logs. FRANCHISEE shall enter, log, and maintain records of all complaints and their resolution in computerized format. At COUNTY'S request, FRANCHISEE shall immediately e-mail COUNTY those records and a complaining customer's subscription information. B. County Custody. If the Director believes that records may be lost, discarded, or destroyed, the Director may direct the FRANCHISEE to give COUNTY access to and custody of those records. FRANCHISEE shall promptly comply. C. Inspection and Audit. COUNTY, its staff and outside auditors may inspect, audit, and copy all records at FRANCHISEE'S office: (1) Notice: after advising FRANCHISEE by telephone or in writing five days in advance (or in extraordinary circumstances, less than five days), (2) Day: on any weekday (other than a County -recognized holiday), and (3) Hours: between the hours of 8 a.m. to 5 p.m. weekdays, and 8 a.m. to noon Saturdays. If FRANCHISEE's office is outside the COUNTY, FRANCHISEE shall promptly provide copies of those records to COUNTY at COUNTY'S offices. Within 30 days of COUNTY request, FRANCHISEE shall reimburse COUNTY for County's reimbursement cost of audit and copying expenses if the audit reveals a discrepancy of three percent or more between the amount contained in the records of the FRANCHISEE or a regulatory authority (such as the tons of solid 25 2012-FAoo1 Non -Exclusive Commercial Franchise 0 E. waste collected and disposed or diverted, or the amount of FRANCHISEE'S gross receipts) and: (1) amount reported or paid to COUNTY; or (2) amount in any representation that FRANCHISEE made or information that it submitted to COUNTY. Copies. FRANCHISEE shall provide copies of Customers' names, addresses, and solid waste management service levels and charges to COUNTY promptly upon request. Public Records Request. COUNTY shall notify FRANCHISEE as soon as practicable if: (1) Request: COUNTY receives a request to review or copy material that FRANCHISEE has marked "Trade Secret," "Confidential", or"Proprietary" in which event FRANCHISEE may present arguments and facts to COUNTY in support of FRANCHISEE'S position that the material is entitled to an exemption from disclosure under the State Public Records Act and should not be released; (2) Non -Exemption: COUNTY determines that the material is not entitled to an exemption from disclosure and that it must be released, in which event FRANCHISEE may seek a court order enjoining that release; and (3) Exemption and Action: COUNTY determines that the material is entitled to an exemption from disclosure and the one who requested the material files a legal action seeking its release. If any legal action is filed, FRANCHISEE shall either file a motion to intervene in the action or shall accept the release of the material by COUNTY. COUNTY has no obligation to defend the action and will release the material sought, without liability to FRANCHISEE, should FRANCHISEE fail to intervene in said action. (4) Within 30 days of following COUNTY's request, FRANCHISEE shall pay County's Reimbursement Costs incurred with respect to any Public Record Request for FRANCHISEE's documents. SECTION 11 - COUNTY'S DIVERSION PRIORITIES A. Acknowledgements. FRANCHISEE acknowledges that one of COUNTY's primary reasons for entering into this Agreement is to implement recycling programs at commercial and multifamily premises. FRANCHISEE shall use its best efforts to implement measures intended to achieve COUNTY's source reduction, recycling, and waste stream diversion goals for solid waste it collects. FRANCHISEE shall use its 26 2012-FA001 Non -Exclusive Commercial Franchise best efforts to divert solid waste from disposal and cooperate with COUNTY in conducting solid waste characterization studies and waste stream audits. B. Recycling and Waste Diversion Plan. FRANCHISEE shall implement the Recycling and Waste Diversion Plan in its Request for Statement of Qualifications. Within one year from the date of this Agreement and each following year FRANCHISEE shall submit to the Director a report demonstrating FRANCHISEE'S implementation of its Recycling and Waste Diversion Plan. C. Scavenging- Discouragement. FRANCHISEE shall use reasonable efforts to enforce anti -scavenging laws, including: (1) Instituting civil actions against anyone alleged to have violated California Public Resources Code Section 41950 for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $1,000.00, whichever is greater, for each unauthorized removal, under California Public Resources Code Section 41953; and (2) Taking actions under County Code Section 20.72.196 to discourage scavenging. SECTION 12 - REPORTS A. Types and Content. FRANCHISEE shall give COUNTY reports at COUNTY'S address provided for notices under Section 18C of this Agreement in format (such as electronic) and content required by COUNTY. 1. Quarterly Reports. Within 30 days following the end of each quarter of the year, FRANCHISEE shall submit to COUNTY a combined report for each of the prior quarters in a format satisfactory to the County. Upon COUNTY request, FRANCHISEE shall provide its customer service list, including: (1) current and closed accounts, account numbers, and upon COUNTY further request, name associated with each account, (2) customer addresses, (3) level of service provided at each address, (4) additional services provided, (5) billing and payment dates, (6) incidents when FRANCHISEE left non -collection notices, (7) gross receipts from each customer, and (8) any other information associated with franchise services as requested by the Director. 27 2012-FA001 Non-Fxduslve Commerdal Franchise 2. Annual Report On or before each August 1st, FRANCHISEE shall submit a report for the prior year to COUNTY in a format and media, and with content acceptable to the County, such as vehicle lists, discussion of recycling plan implementation and updated identification of required personnel. Legally Required Reports. FRANCHISEE shall file all reports required under law, including County Code Section 20.72.50 (Area, Services, Rates and Schedules). 4. Improper Solicitations. FRANCHISEE shall immediately report any attempt by a COUNTY officer or employee to solicit improper consideration (including in the form of cash; discounts; service; or the provision of travel, entertainment, or tangible gifts), to; (1) COUNTY manager charged with the supervision of the employee; or (2) the COUNTY Fraud Hotline at (800) 554-6861 or www.laco u ntyfraud.org. 5. Changes in Information FRANCHISEE shall update any information submitted in the Request for Statement of Qualifications within 30 days of any change in information, including changes in service, ownership, vehicles, or equipment. B. Additional Information. Promptly upon County request FRANCHISEE shall give County information relating to this Agreement (including substantiation of information submitted in reports to COUNTY). C. Statements and Information. FRANCHISEE represents that the information and documentation submitted by or on behalf of FRANCHISEE to COUNTY in connection with the following was correct and complete in all material respects at the time originally submitted and on the date of this Agreement. (1) applying for and securing its permit issued by the Los Angeles Department of Public Health; and (2) applying for and securing this Agreement. SECTION 13 - INDEMNIFICATION. A. Indemnification. FRANCHISEE shall indemnity COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including 2$ - 2012-FA001 Non.Exdusive Commerder Franchise reimbursement to COUNTY for COUNTY liabilities to a third party (such as damages resulting from a suit against COUNTY by a customer). B. Release and Hold Harmless. FRANCHISEE shall release and hold harmless COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including not seeking reimbursement from COUNTY for Franchisee's liability to a third party (such as damages resulting from a suit against FRANCHISEE by a customer). C. Defense. Immediately upon commencement of any lawsuits, claims, complaints, causes of actions, or other demands brought against COUNTY for .liabilities arising out of or in any way connected to this Agreement, FRANCHISEE shall: (1) defend COUNTY with counsel approved by COUNTY, or (2) fund County Reimbursement Costs of defense. COUNTY may retain co -counsel at its own cost and expense and FRANCHISEE shall direct FRANCHISEE's counsel to assist and cooperate with COUNTY co -counsel. FRANCHISEE is not obligated to indemnify, release, hold harmless, or defend County if County is found solely negligent by a court of competent jurisdiction after County has exhausted all appeals. D. Definitions. In this section, ,COUNTY" includes political subdivisions, agencies, entities, or organizations for which the Board of Supervisors is the governing body; their agents, officers, and employees, elected officials, assigns, volunteers, and special districts (including Garbage Disposal Districts); and each and every one of them. They are third party beneficiaries of provisions of this indemnity. "liabilities" includes: (1) lawsuits, claims, complaints, cause of actions and other demands, (2) citations, fine and other penalties, (3) investigations (such as costs of audits) related to another type of liability (such as a fine), (4) judgments, liens, cleanup orders, and damages in contract or tort, including the following: personal injury or death, and property damage, (5) losses, injuries, costs and expenses (including all costs and expenses of litigation, mediation or arbitration), such as the following: attorneys' fees, whether County Counsel or Franchisee's staff attorneys or outside attorneys, accountants' fees, whether County Finance Director or outside accounts, 29 2012-FAOOi Non -Exclusive Com erclal Franchise appraisers' fees, expert witness fees, and other detriments of every nature and description whatsoever, whether under State of California or federal law. Examples of liabilities arising out of this Agreement include operations, CalOSHA, immigration, enforcement of law, and disposal (unless COUNTY designates the disposal facility). Reference to "indemnification" or 'indemnity" in this Agreement includes the indemnification, release, hold harmless or defense, or all of them, under this Section. SECTION 14 - INSURANCE. A. Insurance. FRANCHISEE shall obtain insurance that meets the COUNTY's specifications as required by law (including County Code Section 20.70.020) and Attachment No. 3. SECTION 15 - FINANCIAL ASSURANCE. A. Amount. FRANCHISEE shall obtain a performance bond (or other financial assurance acceptable to COUNTY in its sole discretion), payable to COUNTY and meeting COUNTY'S specifications, in the largest of the following amounts: (1) required by law (including County Code Section 20.72.040); (2) on the date of this Agreement, in the initial amount of $25,000, which is established by the COUNTY, and in each following franchise year (or if there are less than six months in the prior franchise year, that lesser number of months), 110 percent of the following amounts FRANCHISEE paid COUNTY during the first six months of the prior year: franchise fees and any other amounts owed to COUNTY (such as AB 939 fees), plus any other amounts payable to COUNTY, plus any liquidated damages; or (3) other amount prescribed by COUNTY. The performance bond must be conditioned on faithful performance by FRANCHISEE of all the FRANCHISEE'S obligations under this Agreement, including payment obligations such as franchise fees. B. Surety. The performance bond must be executed by a corporate surety licensed to transact business (admitted) as a surety in the State of California. The 30 2012•FA001 Non -Exclusive Commercial Franchise corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by COUNTY. C. No Substitution. The performance bond may not allow the bond surety to substitute another person to perform franchise services. The performance bond must provide for payment of moneys to COUNTY, including payment of: (1) franchise fees; (2) any liquidated damages, late penalty payments, or County's reimbursement costs; and (3) any amount that FRANCHISEE paid to COUNTY, but is subsequently recovered from COUNTY in any bankruptcy or similar proceedings relating to FRANCHISEE. SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT A. Notice of Breach; Franchisee Cure. "breach" means any failure by FRANCHISEE to meet one or more of its obligations under this Agreement If the Director determines that FRANCHISEE is in breach, the Director may give notice to FRANCHISEE identifying and describing the breach. FRANCHISEE may request to confer with COUNTY within 30 days of FRANCHISEE's request. FRANCHISEE shall cure the breach within: (1) 30 days from the receipt of COUNTY'S notice (or with respect to a breach of the Child Support Compliance Program, g0 days after notice by the Los Angeles County's Child Support Services Department), or (2) a shorter period of time determined by COUNTY if COUNTY determines that the public health and safety so require. FRANCHISEE may request additional time to correct the breach, but COUNTY may accept or reject that request in its sole discretion. B. Defaults, Notice, Suspension and Termination 1. Defaults. "default' means any of the defaults described in the table below. 2. Suspension of Agreement 31 2012-FAOD1 ` Non -Exclusive Commercial Franchise Together with any other rights or remedies COUNTY may exercise under this Agreement, the Director may suspend this Agreement, in whole or in part, upon occurrence of default and immediate notice. The suspension shall continue only until FRANCHISEE demonstrates to COUNTY that FRANCHISEE can once again fully perform its obligations under this Agreement. 3. Termination. Together with any other rights or remedies that COUNTY has under this Agreement, the Director may terminate this Agreement effective on the "Termination Date" in whole or in part, upon the occurrence of any default in the following table. However, the Director in his or her sole discretion may choose any longer or shorter 'Termination Date" following COUNTY notice to FRANCHISEE upon determination that the public health and safety so require: 32 2912-FA001 Non-ExclWye Commedal Raachise TERMINATION DEFAULT DATE (No. days following COUNTY notice to FRANCHISEE of default) (1) Uncured (1) FRANCHISEE does not cure any breach 30 days . or repeated of this Agreement other than breaches breach listed as specific defaults in (2) — (10) of this table, within 30 days of County notice of such breach under Section 16A, unless due to uncontrollable circumstances; or (2) FRANCHISEE repeatedly or habitually breaches this Agreement, as determined by the Director in his or her sole discretion, whether or not a FRANCHISEE has previously cured a specific instance of failure or refusal. (2) Failure to Unless due to uncontrollable circumstances, 30 days collect for 7 FRANCHISEE fails to provide franchise days services (other than under Attachment No.2 Roll -off Boxes) for a period of: (1) 7 consecutive days following any scheduled collection date; or (2) 7 days in the aggregate from the date of this Agreement. 3 Failure to FRANCHISEE fails to provide franchise 30 da s 32 2912-FA001 Non-ExclWye Commedal Raachise collect for services for more than 7 consecutive days, more than whether or not due to uncontrollable Ida s circumstances (4) Payments FRANCHISEE does not fully and timely pay 30 days to County COUNTY any amounts under this Agreement (including payment of franchise fees and liquidated damages): (1) more than twice in any year; (2) within 30 days of dated correspondence from the COUNTY stating that payment is due; or (3) with respect to payment of a shortfall in franchise fees, within 30 days of dated correspondence from the COUNTY identifying the shortfall (5) Specified FRANCHISEE breaches any of its 30 days defaults obligations under this Agreement with respect to the following: (1) Child Support Compliance Program (if not cured within 90 days of notice); (2) Compliance with ILO Convention Concerning Minimum Age for Employment; (3) Nondiscrimination; (4) County Lobbyist Ordinance, or (5) County Defaulted Property Tax Ordinance. (6) Improper COUNTY finds that FRANCHISE offered or immediately consideration gave consideration, in any form, either directly or through an intermediary, to any COUNTY officer, employee, or agent: (1)with the intent of securing this Agreement; (2) with the intent of securing favorable treatment with respect to the award, amendment, or extension of this Agreement; or (3) with respect to the making of any determinations by COUNTY with respect to FRANCHISEE'S performance under this Agreement. 33 2012-FA001 Non -Exclusive Commercial Franchise 34 Consideration may take any form including cash; discounts; service; or the provision of travel,entertainment, or tan ible ifts. (7) Material or (1) FRANCHISEE does not remedy a immediately repeated material violation of law directly or violation of indirectly related to: law • franchise services or this Agreement, • any other agreement with County, or • business administration of FRANCHISEE (such as tax or securities law violations), to the satisfaction of the applicable regulatory authority (including COUNTY when acting as a regulatory authority), within 30 days of the regulatory authority's notice, assessment, or determination of that violation. The Director in his or her sole discretion shall determine materiality. (2) FRANCHISEE repeatedly or habitually violates law, as determined by the Director in his or her sole discretion, whether or not FRANCHISEE has previously cured a specific violation of law. If FRANCHISEE is entitled to and does contest a notice, assessment, or determination of a violation by proceedings conducted in good faith, no default is deemed to have occurred until a final decision adverse to FRANCHISEE is entered. (S) Failure to FRANCHISEE does not meet its obligations immediately meet with respect to insurance and other insurance / assurances of its performance under this bond Agreement. -obligations 34 (9) Insolvency (1) FRANCHISEE becomes insolvent or or bankruptcy files a .voluntary petition to declare bankruptcy; (2) a receiver or trust is appointed for FRANCHISEE; or (3) FRANCHISEE executes an assignment for the benefit of creditors. FRANCHISEE is deemed to be "insolvent" if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not FRANCHISEE has committed an act of bankruptcy and whether or not FRANCHISEE is insolvent within the meaning of the federal bankruptcy law or not. (10) fraud, During the procurement of this Agreement or 30 days misrepresenta after the date of this Agreement, tion, or FRANCHISEE does any of the following with breach of respect to this Agreement or the COUNTY: warranties 1. committed (or commits or attempts to commit) any fraud or deceit, 2. made (or makes) any intentional or material misrepresentations; 3. breaches any warranties, or 4. made or (or makes) any materially false or misleading statement, representation, or warranty. C. FRANCHISEE Responsibility and Debarment. COUNTY may debar FRANCHISEE from contracting or doing business with COUNTY in the following events: (1) after giving public notice and conducting a hearing under County Code Chapter 2.202, COUNTY determines that FRANCHISEE (or any of its subcontractors) is not responsible within the meaning of Chapter 2.202 and in accordance with COUNTY'S policy to do business with responsible contractors; (2) FRANCHISEE does not comply with the Child Support Compliance Program under County Code Section 2.200.020; or (3) FRANCHISEE does not comply with County Defaulted Property Tax Reduction Program. COUNTY may debar FRANCHISEE as provided in Subsection D below. 35 2012-FA001 Non -Exclusive Commerclal Franchise D. Termination For Breach of Warranty to Maintain Compliance With County Defaulted Property Tax Reduction Program. 1. Acknowledgement. FRANCHISEE acknowledges that COUNTY has established a goal of ensuring that all individuals and businesses that benefit financially from COUNTY through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the COUNTY and its taxpayers. Unless FRANCHISEE qualifies for an exemption or exclusion, FRANCHISEE warrants and certifies to the best of its knowledge, that on the date of this Agreement it is in compliance with County Code Chapter 2.206. 2. FRANCHISEE Default. Failure of FRANCHISEE to maintain compliance with the requirements set forth in Subsection D1 constitutes a default under Subsection B. 3. Termination/Debarment. Without limiting COUNTY'S available rights under any other provision of this Agreement, if FRANCHISEE fails to cure a default within ten days of COUNTY notice, COUNTY may: (1) terminate this Agreement under Subsection B, and (2) pursue debarment of FRANCHISEE pursuant to County Code Chapter 2.206 and Subsection C. E. Convenience. 1. COUNTY Right. COUNTY may suspend or terminate all or a portion of this Agreement at any time upon determining, in its sole discretion, that suspension or termination is in its best interest. 2. Notice. Suspension or termination shall become effective on the later of the following dates: (1) the date that COUNTY specifies in notice to FRANCHISEE, or (2) Ten days after COUNTY sends the notice. The notice shall also specify the extent to which this Agreement is suspended or terminated. 3. Stop Providing Franchise Services. After receiving notice FRANCHISEE shall: 36 2072-FA001 Non -Exclusive Commercial Franchise (1) stop providing franchise services on the date and to the extent specified in the notice or as otherwise directed by COUNTY; and (2) continue providing franchise services to the extent (if any) specified in the notice. SECTION 17 - ENFORCEMENT OF AGREEMENT A. As Provided by Law. Either party may avail itself of any remedy available under law. B. County's Additional Remedies. Without limiting COUNTY'S remedies otherwise available under this Agreement, in law or at equity, at its option COUNTY may enforce a breach in one or more of the following ways: (1) if that breach is a default, execute alternative agreements to provide franchise services similar to those under this Agreement; (2) seek to obtain injunctive relief and/or damages; or (3) assess damages. C. Injunctive Relief. FRANCHISEE acknowledges that COUNTY'S remedy of damages for a breach may be inadequate for many reasons, including the urgency of providing franchise services to protect the public health and safety. Consequently, COUNTY is entitled to all available equitable remedies, including injunctive relief. D. Recovery of Damages. COUNTY may draw upon FRANCHISEE's performance bond or any other instrument of performance assurance to pay damages. 1. Compensatory. COUNTY may seek compensatory damages, including: (1) amounts equal to any franchise fees, liquidated damages or other amounts that FRANCHISEE has paid to COUNTY but that are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; and (2) the full amount of any commission, percentage, brokerage or contingent fee proscribed under the County Code. 2, Liquidated. The parties acknowledge: (1) COUNTY incurred considerable time and expense procuring this Agreement in order to secure an improved level and quality of recycling and compliance with solid waste diversion mandates; 37 1 2012-FA001 Non -Exclusive commercial Franchise (2) Consistent and reliable franchise services, including collection of putrescible wastes that attract vermin and vectors are of the utmost importance to the public health, safety, and well being of residents and businesses in COUNTY; and (3) The following liquidated damages represent a reasonable estimate of the amount of damages, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to COUNTY that reasonably could be expected and anticipation that proof of actual damages would be costly or inconvenient. SECTION FAILURE(s)' DAMAGES Under cited sections 30 dis ose of rec clables or mix them with refuse $100/container 3F, 3G deliver materials to solid waste facilities selected by $300/truck- FRANCHISEE or designated by COUNTY delivery 4A collect during unauthorized hours six or more times $250 peryear Through- provide documentation for COUNTY review or $300/day per out comment; or obtain any COUNTY approval, consent occurrence or or other permission retraction/ correction of misinformation 4B,C,D meet service standards for litter, leaks and noise five $150 or more times per year 4F(1), (3) return COUNTY calls, e-mails or correspondence two $500 i 4 or more times within 30 consecutive days 4F(2) meet with COUNTY two or more times per ear $500 6B follow waste screening protocol $500 6D mark an bin and roll -off box with discard prohibitions $50 7C6 timely provide customer with Bill of Rights $100/day per customer 7C6 timely amend its subscription orders with respect to $100/day per the evergreen prohibition and customers' termination customer rights 7C6 terminate customer subscription upon qualifying $1001day per customer's request customer 7D re air or replace containers $500 7E collect or tag overloaded containers $100 7F clean up litter caused by FRANCHISEE $100 7G remove any graffiti within re uired times $100 10A2 mis-allocate ten percent or more tons of solid waste $5/route-day to Count 10A4 enter log of/maintain/su ply complaint records $100 38 2012-FA00I Non -Exclusive Commercial Franchise 10A4 e-mail COUNTY complaint information six or more $100 10C times/ ear allow COUNTY to inspect, audit or copy records $150/da Attachment any other liquidated damage in Attachment No. 1 or As schedu in 1 Attachment No.2 he Attchmen Section 10; submit complete and correct information or reports on Until corrected or Through- time: completed: (1) $200/day out (1) quarterly, (2) $300/day (2) annually, (3) $150/day (3) as required by AB 939 or County Code, or (4) $100/day 4 any other time required under this Agreement. "Reference to "failure" refers to each occurrence of specified breach (such as for each customer and each customer's bin and roll -off box set out site, record entry, or complaint) and not for aggregate occurrences of those breaches (such as for all customers on a given route or day). By placing its initials below, each party specifically confirms: (1) the accuracy of the statements made in this Subsection; and (2) that it has had ample opportunity to consult with legal counsel and obtain an explanation of liquidated damage provisions prior to signing this Agreement. FRANCHISEE COUNTY Z Initial Here: 7�/ initial Here: E. County's Reimbursement Costs. FRANCHISEE shall pay COUNTY promptly upon Director's request County's reimbursement costs of: (1) conducting a nonroutine investigation of any alleged breach; and (2) incurred as a consequence of breach. Waiver. COUNTY's waiver of any specific breach is not a waiver of any other breach of that same provision. COUNTY's failure to enforce this Agreement is not a waiver of any breach. SECTION 18 - GENERAL PROVISIONS A. Independent Status. FRANCHISEE is an independent entity and not an officer, agent, servant, or employee of COUNTY. This Agreement is between COUNTY and FRANCHISEE and is not Intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between COUNTY and FRANCHISEE, including for purposes of 39 2012-FA001 Non•Ezclusive Commercial Franchise workers' compensation. FRANCHISEE is solely responsible for the acts and omissions of its officers, agents, employees, and any subcontractors. B. Venue, Service of Process. In the event of litigation between the parties, venue shall lie exclusively as follows with respect to litigation in California courts, trial courts located in the COUNTY, or with respect to litigation in a United States District Court, located in the Central District of California. FRANCHISEE shall accept service of process at the address provided for notices from COUNTY under this Agreement. C. Notices. "notices" (or other variations thereof, such as "notify) given by either party to the other under this Agreement must be: (1) written: in writing, (2) Means: delivered by the following means (which shall be effective at the following times): personal delivery (effective immediately); sent by e-mail with "read" receipt or telecopier with "transmission" receipt (effective immediately); or registered or certified mail, return receipt requested, (effective three days after mailing); (3) Address: addressed as follows (or to other address provided by a party, dated and acknowledged by the other party): with respect to the COUNTY: County of Los Angeles Department of Public Works Environmental Programs Division 900 South Fremont Avenue Alhambra, CA 91803 Attn: County's Authorized Representative: Paul Alva Facsimile Number: 626.458.3569 E-mail: PalvaCd dpw lacountv.aov with respect to FRANCHISEE, to the individual contact and address provided in the Request for Statement of Qualifications SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT A. Definitions. For ease of reading, most words that are defined terms in this. Agreement are not capitalized. Words in this Agreement have the meanings given in the References or text of this Agreement, regardless of whether or not they are capitalized. 402012-FA001 Non -Exclusive Commercial Franchise B. Construction. If any provision of Sections 1 through 20 of this Agreement or its References is inconsistent or conflicts with any attachment or exhibit (other than Attachments No. 1 and No. 2), then the provision governs unless the Director determines that it is contrary to the public health and safety or other public interest. C. Integration. This Agreement contains the entire agreement between the parties with respect to their rights and responsibilities under this Agreement. This Agreement completely and fully supersedes all prior oral and written understandings and agreements between the parties with respect to those rights and responsibilities. However, the parties acknowledge that the following are incorporated in this Agreement by reference: (1) portions of the Request for Statement of Qualifications referenced in this Agreement; and (2) provisions of law under Section 4A. D. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the law of the State of California, without giving effect to the State's principles of conflicts of laws. E. Severability. If any provision of this Agreement (other than with respect to COUNTY designation of a solid waste facility) is ruled illegal, invalid, nonbinding or unenforceable by any court of competent jurisdiction, it is severed from this Agreement and this Agreement must be construed as If it did not exist. F. Interpretation. This Agreement shall be interpreted and construed neither for nor against either party, regardless of the degree to which either party participated in its drafting. FRANCHISEE acknowledges that it determined to provide franchise services and to enter into this Agreement upon its own choice and initiative. Each party represents and warrants that it and its counsel have reviewed this Agreement. FRANCHISEE shall not make any claim against COUNTY based on any estimates, statements or interpretations made by any officer, employee, agent, or consultant of COUNTY in connection with the procurement of this Agreement, which proves to be wrong in any respect. SECTION 20 - EXECUTION OF AGREEMENT A. Execution in Counterparts. This Agreement may be signed in any number of original counterparts, which constitute but one and the same agreement. B. Authority to Execute. Each parry respectively warrants as follows: 41 201&FA001 Non -Exclusive Commercial Franchise (1) It has duly authorized the individual below to sign this Agreement on its behalf, and (2) that individual has the full right, power, and authority to bind its related party to this Agreement. IN WITNESS WHEREOF, by order of its Board of Supervisors COUNTY has caused Director of Public Works to sign this Agreement, and FRANCHISEE has caused its duly authorized officers to sign this Agreement, on the respective dates written below their names. APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel By Deputy COUNTY OF L//OS ANGELES By7/// IeS/ Director of Public Works Date _ --!L/"(//%-- `(/y`_ USA WASTE OF CALIFORNIA, INC. dba WASTE MANAGEMENT COMPTON HAULING, WASTE MANAGEMENT LA METRO HAULING, WASTE MANAGEMENT BLUE BARREL DISPOSAL 11 Z Type or 42 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES A. MANDATORY RECYCLING. Service Options. FRANCHISEE shall provide each customer that must receive recyclabies collection service under law, including provisions attached as Exhibit D, one of the following recycling service options without additional charge: (1) a one cubic yard recyclable bin, collected weekly; (2) if customer does not have space for storing a one cubic yard bin, then upon customer request, up to two -96 gallon recyclable carts; or (3) any other recycling program allowed under Exhibit D, such as processing solid waste at a MRF to recover recyclables. Within four months of COUNTY direction, FRANCHISEE shall also provide each customer identified by COUNTY with one of the preceding recycling service options, without charge. For example, COUNTY may direct FRANCHISEE to provide recycling service for customers that discards less than 4 cubic yards of refuse per week. FRANCHISEE shall provide recycling service whether or not customer requests it. 2. Additional Recycling Services and Charges. If FRANCHISEE provides service options (1) or (2) in subsection Al, within one week of a customer's request, FRANCHISEE shall provide that customer with an additional container of the type and in the capacity requested by the customer and collect it at the frequency requested by the customer. FRANCHISEE shall charge customer 1/2 of the rate it charges for the same type and capacity of refuse container and same frequency of refuse collection service. FRANCHISEE shall not identify or itemize any charge for recycling for customer, including on customers Invoices. 3. Diversion. FRANCHISEE shall collect and recycle or otherwise divert from disposal the recyclabies discarded in these containers. B. VOLUNTARY RECYCLING. Within one week of request by a customer that is not subject to mandatory recycling service under Subsection A, FRANCHISEE shall provide customer the franchise services described In Subsection A above. C. VISIT AND AUDIT. FRANCHISEE's Recycling Coordinator described in Subsection D2 (or other individual trained and supervised by the Recycling 43 2012-FA001 Non-FCIWve Commercial Franchise Coordinator) shall visit the premises of FRANCHISEE's customers that are subject to mandatory recycling services under Subsection A at the following times: (1) during the first 12 months after this franchise date, all customers; and (2) after those first 12 months, each of those customers every other franchise year; or (3) at the frequency required by law. At each visit, FRANCHISEE shall conduct the following audit, without additional charge: (1) review the customer's franchise service subscription, including the number and size of customer's bins and roll -off boxes for refuse and recyclables, respectively, and collection frequency; (2) conduct a waste characterization by visually inspecting customer's discards and estimating amount of recyclables and refuse; (3) note any other recycling programs, such as self -hauling recyclables to a MRF or subscribing to third -party recycling services (such as corrugated cardboard collection); (4) develop and recommend a waste reduction and recycling plan based on business type and/or multifamily that the customer could implement to reduce and divert solid waste, as well as available solid waste diversion programs; and collection frequency, and provide a written copy of such practices; (5) make any recommendations in writing to change the customers franchise service subscription, including changing the number, size, and type (such as solid waste or recyclables) or collection frequency of containers in order to provide adequate refuse disposal service but also maximize recyciables diversion; (6) check each customers containers to monitor: Participation: recyclables discarded in refuse containers, and Contamination: refuse and other contaminating materials discarded in recyclables containers; (7) Identify manufacturing or processing residual, and estimate its volume, (8) check customers premises for posting of educational materials required under FRANCHISEE'S Recycling and Waste Diversion Plan in its Request for Statement of Qualifications, such as recycling posters in multifamily common rooms; (9) identify why a customer is not recycling, for example: zoning conflicts, lack of storage space, 44 2092-FA001 Non -Exclusive Commercial Franchise • lack of markets, • non generation of recyclable materials, • customer with verifiable recycling program, or • unwillingness; and (10) investigate other matters requested by County. If FRANCHISEE'S auditor is unable to meet with someone at customer's premises who is authorized to order franchise services, or if a business is closed, FRANCHISEE shall leave a 'Sorry we missed you card" with contact information and recycling information acceptable to COUNTY. FRANCHISEE's auditor shall note the date and time of his or her visit and return again within ten days of that date. FRANCHISEE shall visit all of its customers each year. 2. Report. FRANCHISEE shall submit an audit report to COUNTY quarterly or within one week of COUNTY request, including: (1) date of visit to customer's premises; (2) address and type of premises; (3) the customer's service subscription at the time of the visit (including number, size, and type - such as solid waste or recyclables - or collection frequency); (4) any FRANCHISEE recommendations to increase solid waste reduction and recycling/diversion; and (5) any additional information requested by the Director. FRANCHISEE shall use reasonable efforts to complete and to submit reports electronically. 3. Information. Within one week of COUNTY request, FRANCHISE shall submit a copy of the information on solid waste reduction and diversion practices and any recommendation that FRANCHISEE provides to any customer. D. CUSTOMER EDUCATION AND OUTREACH 1. Bi -annual Newsletter. Twice each year, FRANCHISEE shall prepare promotional and educational materials/newsletters in the bilingual form required by the Director promoting solid waste reduction, recycling, and diversion. FRANCHISEE shall submit the materials to Director for review on each January 1 and July 1. Within 30 days of Director's accepting the materials FRANCHISEE shall distribute them to its customers, which may be electronically, upon customer request: (1) via the U.S. Postal Service with prepaid postage, or 45 2012-FAOOI Non -Exclusive Commerdal FranChhs (2) door-to-door delivery service to customer's premises. FRANCHISEE shall also distribute them to new customers together with the Customer Subscription Form and Customer Bill of Rights. 2. Recvclino Coordinator. FRANCHISEE shall employ or retain an individual qualified to conduct customer waste surveys and developing site-specific plans for recycling, reduction, and diversion of solid waste generated by customers. 'Recycling Coordinator" means the person described in this Subsection. VEHICLES. FRANCHISEE shall give COUNTY a list of all vehicles that FRANCHISEE uses to provide services under this Agreement on the date of this Agreement. FRANCHISEE shall give COUNTY an updated list annually or upon one week's request of COUNTY. FRANCHISEE shall provide franchise services with vehicles that comply with law, including: (1) South Coast Air Quality Management District rules and regulations, including Rule 1193, Clean On -Road Residential and Commercial Refuse Vehicles; (2) California Health and Safety Code Section 43000 at seq., with respect to air emissions (smog checks); (3) California Vehicle Code Section 27456b, with respect to tires; (4) California Vehicle Code Section 34500 at seq., with respect to vehicle safety, including bi-annual "BIT" inspections conducted by the California Highway Patrol; (5) rules and regulations promulgated under the California Vehicle Code with respect to vehicle highway lighting, flashing, and warning lights, clearance lights, and warning flags; (6) rules and regulations of the California Department of Motor Vehicles with respect to vehicle registration and weight limits; (7) the appropriate class of drivers' licenses issued by the California Department of Motor Vehicles; (8) Control Measure for Diesel Particulate Matter from On -road Heavy - 13 CCR 2020 et seq.; (9) 14 CCR 17341, 17342, 17343, and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment; (10) permit conditions under County Code Section 20.66.050 , and (11) decals 46 - 2012•FA001 Non -Exclusive Commercial Franchise SPECIAL SERVICES FOR RESIDENTIAL AND MULTIFAMILY CUSTOMERS. FRANCHISEE shall provide the franchise services prescribed in this Section without additional charge to its residential and multifamily customers. 1. Nolldav Tree Collection. FRANCHISEE shall collect, transport, process, and divert all holiday trees such as Christmas trees and Hanukkah bushes discarded at any customer's container set -out site, on or before the customer's next regularly scheduled collection day: (1) during the period beginning December 26 and ending January 14, or (2) another period established by COUNTY not to exceed three weeks, and at a Customer's request. Holiday trees must stripped of ornaments, garlands, tinsel, flocking, and stands. 2. Bulkv Items E -waste and CEDs Collection. FRANCHISEE shall provide bulky item, E -waste and CEDs collection to customers through service option b or c in subsection F2 below and shall inform the County of the selected service option per customer through the Quarterly Report. a. "bulky item". "bulky item" means any large item of solid waste that can be safety lifted by two individuals using a dolly, including the following. (1) discarded furniture (such as chairs, sofas, mattresses and rugs); (2) appliances (such as refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing and other similar items commonly known as `white goods"); and (3) up to two tires per customer from passenger cars or pickup trucks. b. Five On -Call Pickups Per Year Without Additional Charge; Additional Pickups. FRANCHISEE shall collect no more than five bulky items and unlimited E -waste and CEDs per pick up upon 24 hours advance request of a residential or multifamily customer on that customer's next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials without charge five times each year, but may charge amounts agreed to between FRANCHISEE and customer 47 - 2012-FA001 Non -Excursive Commerdal Franchise for a 6" or more time that same year, "Customer" does not include individual tenants in a multifamily residence. FRANCHISE shall use reasonable efforts to recycle bulky items, E -waste and CEDs. C. Annual Cleanup Event. FRANCHISEE shall collect unlimited amounts of bulky items and E - waste and CEDs of a residential or multifamily customer on the date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials at no charge. d. Personal Contact Annually. At least once each year FRANCHISEE shall talk with or meet in person the owner or superintendant of a multifamily residence and schedule the annual cleanup event. Leaving voice mail messages or sending e-mails to which no one responds does not satisfy this obligation. 3. Sharps Program a. Distribution of storage and Mailing Containers. Within one week of a residential or multifamily customer's request or multifamily customer's tenants' request for the following franchise services, FRANCHISEE shall provide customer or tenant at that customer's premise, without additional charge to that customer, the tenant or the COUNTY, with one to four container(s) satisfactory to County that has at least a one gallon capacity for discard of sharps. On each container FRANCHISEE shall attach information acceptable to County on the manner (including locations) in which the customer or tenant can dispose of sharps in accordance with applicable law. b. "Sharps': "Sharps" means any item generated by a residential or multifamily customer at their premises having comers, edges, or projections capable of cutting or piercing the skin to deliver injections or for medical purposes, including: (1) hypodermic, pen or intravenous needles, (2) needles with syringes, (3) needles from vacutainers, (4) needles with attached tubing, and (5) lancets. 48 2012-FA007 Non-E=IUSNO Commercial Franchise G. SPECIAL SERVICES FOR COMMERCIAL CUSTOMERS. 1. On -Call PIcKU S Tor t:ommerwan �+ua wnrc,� •-•••• • •--•--•--- - FRANCHISEE shall collect unlimited amounts of bulky items, E -waste, and CEDs upon 24 hours advance request of a commercial customer who subscribes to franchise service for commercial premises, on that customer's next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE for the charge agreed to between FRANCHISEE and customer. H. FOOD DIVERSION PLAN. 1. Director -approved Plan. Within three months from the date of this agreement FRANCHISEE shall give the Director a plan for diverting solid waste comprised of food waste generated at commercial customers' premises. Examples of diversion include arranging for delivery to food banks, and composting or bioconversion process. Examples of commercial customers premises include: (1)the following businesses identified by Office of the Assessor property use classification codes: 1400-1420: Supermarkets, Small Food Stores • 2100-2120: Restaurants, Fast Food Restaurants (Walk Up and Drive Up) 3400-3420: Food Processing Plants 6100-eg00: Theaters, Bowling Alleys, Athletic and Amusement Facilities 7200-7202: Private Schools 7500: Homes for Aged and Others, and (2) other businesses identified by COUNTY: FRANCHISEE shall incorporate Director's comments on the plan, if any, into the plan. Service, Upon a commercial customer's request, FRANCHISEE shall provided services described in its food diversion plan, subject to agreement with the customer on any additional charge. 3. Cu storl3er Information: Containers. Prior to commencing service, FRANCHISEE shall: 49 2052-FA001 NorrExclusive Commercial Franchise (1) inform each applicable customer of program implementation (including discard and set -out instructions, collection schedules, commencement date and cost, if applicable); and (2) provide customers with sufficient number and capacity of containers to store discarded food waste pending collection. 4. Plan Implementation. Within six months from the date of this Agreement, FRANCHISEE shall begin diverting food under its Director - accepted plan. 50 2012-FA00i Non•Exclusiye commercial Franchise Leff: Intentionally Blank ATTACHMENT Np£AND SERVICE C FICATIONS FOR ROLL -OFF BOXES A outnsite Qatdelivery. any time, and at FRANCHISEE charge agreed to, betweenroll-off FRANCHISEE and customer. FRANCHISEE shall not leave the roll -off box en or bin unless permit of an customer provides FRANCHISEE with a copy Y required under County Code. Customers may keep Iroli-off boxes for r agreed to between FRANCHISEE and customer, not counting the del very and removal days. B. Container pick up. FRANCHISEE shall pick up the bin or roll -off box at a time agreed to with customer. C. Diversion. FRANCHISEE shall use reasonable efforts to divert a0 materials that it collects under Subsection B above. FRANCHISEE shall divert soil, rock and gravel, other C&D debris, and inert materials at the levels prescribed in County Code 20.87.040. FRANCHISEE shall transport and deliver materials that cannot be diverted to the FRANCHISEE -selected or COUNTY designated solid waste facility. 52 2012•FA001 Non•E=IusNe commercial Franchise ATTACHMENT NO.3 (Section 94) INSURANCE REQUIREMENTS A. PROGRAMS. Without limiting its indemnities, and in the performance of this Agreement and until all of its obligations pursuant to this Agreement have been met, FRANCHISEE shall provide and maintain the following programs of insurance at its own expense. Obligations under this attachment are in addition to and separate from any other obligation in this Agreement. COUNTY reserves the right to review and adjust the insurance requirements in this attachment if County determines that there have been changes in risk exsures. limits UN s COUNTY no warranty that the insurance coverage terms, types andattachment is sufficient to protect the FRANCHISEE for liabilities that may arise from or in relation to this Agreement. 7. Primary, Excess Non -Contributory. Alt FRANCHISEE'S insurance shall be primary with respect to any other insurance or self-insurance programs available to COUNTY. 2. Cancellation of or Changes in Insurance. FRANCHISEE shall provide COUNTY with, or FRANCHISEE's insurance policies shall contain a provision that COUNTY shall receive, written notice of: 1. Cancellation of required insurance, or 2. any change in required insurance, including • insurer, • limits of coverage, term of coverage. or policy period. FRANCHISEE shall provide the written notice to COUNTY at least: 1. days in advance of cancellation for nonpayment of premium and 2. 30 days in advance for any other cancellation or policy change. The written notice cannot include language with respect to "endeavor" or exculpation for "failure to do so 3. Noncompliance. Neither the County's failure to obtain, nor the COUNTY'S receipt of, or failure to object to a noncomplying insurance certificate or endorsement or any other insurance documentation or information provided by the FRANCHISEE, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any obligation under this attachment. If FRANCHISEE does not provide and maintain those programs of insurance, COUNTY may elect to purchase required insurance coverage without further notice to FRANCHISEE, and COUNTY may charge FRANCHISEE any premium costs advanced by COUNTY for 53 2012-FA0o1 Non•Excimive Commercial Franchise that insurance and draw on the performance bond, letter, of credit, or other form of performance assurance provided by FRANCHISEE. FRANCHISEE must comply with all terms of insurance and insurers. However, Insurance must obligate the insurer to pay COUNTY claims that are covered under the policy even if FRANCHISEE or COUNTY does not comply with all policy requirements or duties (such as failing to report an incident or claim in a timely manner, law, allowing operations or use of the Project not permitted under the policy, or making misrepresentations). 4. Evidence of Insurance: COIs and copies of policies. On the date of this Agreement and thereafter 30 days prior to each policy renewal and also within two County business days of any COUNTY request, FRANCHISEE shall deliver a certificate or certificates of insurance or other evidence of coverage acceptable to the Director at the address provided for Notices. Certificates or other evidence must: a. Agreement, insured and Insurers (1) specifically identify this Agreement by name or number; (2) name the insured party that matches the name of FRANCHISEE executing this Agreement; (If FRANCHISEE's direct (or indirect) parent is the named insured, the DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS in the COI must state that FRANCHISEE is also a named insured under all listed policies); (3) provide the full name of each insurer providing coverage and the insurer's NAIC (National Association of Insurance Commissioners) identification number, (4) and each insurer's financial rating. b. Types and limits: (1) Clearly evidence all coverage, types and limits required in this Agreement. Coverage may consist of a combination of primary and excess policies. Excess policies must provide coverage as broad as ("follow forth" over) the underlying primary policies; (2) Identify standard policy forms or their equivalent. c. Attach additional endorsements: (1) Additional Insured Endorsements. Include copies of the additional insured endorsements to General Liability Policy which must add COUNTY and its Special Districts, elected officials, 54 - 2072-FA0o1 Non-E%CIVslve Canmemial Fmnchlse officers, agents, and employees as additional insureds with respect to liability arising out of ongoing and completed franchise services, and applicable with respect to liability and defense of suites arising out of FRANCHISEE'S acts or omissions, whether that liability is attributable to the FRANCHISEE or the COUNTY. The full policy limits and scope of protection must apply to each of those additional insureds even if those limits or scope exceed the minimum required insurance specifications in this Agreement. FRANCHISEE may use an automatic additional insured endorsement if the endorsements meet the requirements of this attachment. (2) Waiver of Subrogation Endorsements. Include copies of subrogation endorsements necessary to effect FRANCHISEE'S waiver of its and its insurer(s)' rights of recovery against County under all insurance, to the fullest extent permitted by law. (3) Primary, Excess, Non -Contributory. Ali insurance must be primary with respect to any other insurance or self-insurance programs available to COUNTY. (4) Pollution Endorsement to Automobile Liability, or equivalent, must remove any pollution and asbestos exclusion from the policy. (5) Insured -vs, -insured. If a policy of Insurance contains an insured -vs. -Insured provision, it must be endorsed to provide cross -liability coverage as would be afforded by the standard ISO separation of insureds provision with no insured -vs. -Insured exclusions or limitations. (6) Full Policy Limits and scope of protection must apply to each additional insured even if those limits or scope exceed the minimum required specifications for insurance in this Agreement. d. Deductibles and SIRS. Identify any retained losses, deductibles or self-insured retention ("SIR") exceeding $50,000 for COUNTY'S approval. FRANCHISEE'S policies shall not obligate COUNTY. to pay any portion of any FRANCHISEE retained loss, deductible or SIR. COUNTY retains the right to require FRANCHISEE to reduce any deductibles or self-insured retention as they apply to COUNTY or to require FRANCHISEE to provide a bond, letter of credit, or certificate of deposit guaranteeing payment of all retained losses and related costs, including expenses, or both, related to 55 2012-FAOOI Non-E=USWe Commercial Franchise Investigations, claims administrations, and defense. The bond must be executed by a corporate surety licensed to transact business in the State of California; the letter of credit must be issued by a bank or other financial institution acceptable to the County; and e. Signature verification. Include documentation acceptable to COUNTY verifying the following: • that the individual signing or counter -signing the certificates, and at COUNTY'S request, the ,policies, endorsements, or other evidence of coverage, is authorized to do so, and • identifies his or her company affiliation and title. f. At COUNTY'S request, FRANCHISEE shall promptly provide COUNTY with complete, certified copies of any policy of insurance that FRANCHISEE must carry under this Agreement. g. Claims Made/Retroactive Date. The policy retroactive date, which can be identified, on any insurance written on claims made basis, must precede the date of this Agreement. The effective date of each policy must not be any later than the date of this Agreement. FRANCHISEE shall maintain any claims made coverage for a period of not less than three years following expiration, termination or cancellation of this Agreement. h. Text of Provisions In Blanket Policies. A certified copy of the provisions in each blanket policy, if any, that provides evidence satisfactory to COUNTY that the policy meets the requirements of this Agreement. i. Without limiting its indemnification under the Agreement, FRANCHISEE assumes all obligations of the insurer providing Insurance to defend COUNTY (which might be broader than FRANCHISEE's indemnification), for the following period of time: (1) beginning immediately upon filing any action against COUNTY that the insurer would be required to defend, until (2) the deductible or SIR has been met and the insurer does defend COUNTY. As soon as possible (but no longer than ten days), FRANCHISEE shall report to COUNTY when FRANCHISEE has exceeded FRANCHISEE's deductible or Self Insured Retention ("SIR"). Upon COUNTY request, Insurance must provide: 5S 2012-FA001 Non.Ezolusive Commerclal Franchise 6. (1) application of insurer's defense costs to reduction of deductible or SIR; and (2) give COUNTY right to approve a claims settlement and receive payments directly. hsurer Financial Rating. FRANCHISEE shall secure insurance provided by an insurance company meeting the following requirements: (1) be acceptable to COUNTY (for example, COUNTY might require that the insurer be admitted in California), and (2) have a rating by A.M. Best Company of not less than A: VII, unless otherwise approved by COUNTY. Reporting: Incidents, Claims, or Suits; Claims Paid or Reserved: a. Notification of Incidents, Claims, or Suits. As soon as possible, (but no later than ten days after any of the following events) FRANCHISEE shall promptly report the following in writing to the Director: (1) Any accident or incident relating to the franchise services involving injury or property damage that may result in the filing of an insurance claim against any insurance policy, its legal claim, or lawsuit against FRANCHISEE, any subcontractor and/or COUNTY; (2) Any third -party, claim or lawsuit filed against FRANCHISEE arising from or related to franchise Services; (3) Any injury to a FRANCHISEE employee that occurs on COUNTY property, and (4) Any loss, disappearance, destruction, misuse, or theft of COUNTY property, money or securities entrusted to FRANCHISEE. FRANCHISEE shall submit its report on a COUNTY "Nonemployee Injury Report' form available by request from the COUNTY. b. Claims Paid or Reserved. FRANCHISEE shall immediately report the following in writing to the Director if total claims (both paid and reserved) against any policy of insurance (except with respect to Workers' Compensation) exceed more than 80 percent of the required aggregate policy limits. (In that event, FRANCHISEE must obtain additional Insurance or provide COUNTY with financial assurance satisfactory to COUNTY in order to maintain those required policy limits.) 67 2012-FA001 - Noo-exclusive Cammerdal Franchise Insurance Coverage Requirements. FRANCHISEE shall secure and maintain insurance coverage meeting the following requirements: (1) General Liability Insurance (written on ISO policy form CG 00 01 or its equivalent - occurrence, not claims made) with limits of not less than the following: General Annual Aggregate: $4 million Products/Completed Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million The general liability policy must provide contractual liability coverage for FRANCHISEE'S indemnification of COUNTY. (2) Pollution Liability Coverage for pollution conditions resulting from transported cargo, with annual limits of not less than $2 million per occurrence and $4 million aggregate, covering loss (including cleanup costs) that FRANCHISEE becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs, (including but not limited to, expenses required by environmental laws or incurred by Federal, State, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this Subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered. The pollution liability coverage must provide contractual liability coverage, by endorsement, if necessary, for FRANCHISEE'S indemnification of COUNTY. FRANCHISEE'S general liability policy may be endorsed to provide the required pollution liability coverage. FRANCHISEE is not required to provide this insurance if it provides franchise services only in roll -off boxes. (3) Automobile Liability Coverage (written on ISO policy forms CA 00 12 or CA 00 20 or their equivalent - occurrence, not claims made) with a limit of liability not less than $2 million for each accident and endorsed to include pollution liability 58 2012-FA001 Non -Exclusive Commercial Fmnohisa (written on form CA 99 48 or its equivalent). The insurance must cover all vehicles used by FRANCHISEE pursuant to its operations and services and the terms of this Agreement. FRANCHISEES subject to federal regulations also shall maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. (4) Workers' Compensation and Employers' Liability insurance providing workers' compensation benefits required by the California Labor Code or by any other State labor law, and for which FRANCHISEE is responsible. In all cases, this insurance must also include Employers' Liability coverage with limits of not less than the following: I. Each accident: $1 million ii. Disease - policy limit: $1 million ill. Disease - each employee: $1 million 8. U... — -- -- - FRANCHISEE shall ensure that all subcontractors performing franchise services under this Agreement secure and maintain the insurance coverage required in Subsections B1 through 7 of this attachment by providing evidence that either: (1) FRANCHISEE is maintaining the required insurance covering the activities of Subcontractors, or (2) Subcontractors are maintaining the required insurance coverage. FRANCHISE shall provide COUNTY with any subcontractor request to modify that insurance coverage and get COUNTY approval prior to modification. C. Compensation for County Costs. if FRANCHISEE fails to comply with any of the Indemnification or insurance requirements of this Agreement and that failure results in any costs to COUNTY, FRANCHISEE shall pay full compensation for all County's reimbursement costs. D. Alternative Risk Financing Programs. County reserves the right to review and then approve FRANCHISEE'S use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy obligations under this attachment. County and anyone named as additional insured shall be designated as an Additional Covered Party under any approved program. 59 2012•FA001 Non£xduaW 6ommercW Franchba ATTACHMENT NO.4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS A. LABOR CODE. FRANCHISEE and its agents and employees are bound by and shall comply with all applicable provisions of the California Labor Code as well as all other laws related to labor. FRANCHISEE acknowledges that eight hours labor constitutes a legal day's work under law. FRANCHISEE shall require work in excess of eight hours a day or 40 hours during any one week only as authorized by California Labor Code Section 1815. By and through its execution of this Agreement, FRANCHISEE represents and warrants that it is aware of and understands the provisions of California Labor Code Section 3700, which requires every employer to be insured against liability of Workers' Compensation or to undertake self-insurance in accordance with those provisions before commencing the performance of work under this Agreement and agrees to fully comply with those provisions. B. CONSIDERATION OF GAINIGROW PARTICIPANTS FOR EMPLOYMENT. Should FRANCHISEE require additional or replacement personnel after the Execution Date, FRANCHISEE shall give consideration for any of those employment openings to participants in COUNTY'S Department of Public Social Services' Greater Avenues for Independence (GAIN) Program or General Relief Opportunities for Work (GROW) Program who meet FRANCHISEE'S minimum qualifications for the open position. COUNTY shall refer GAIN/GROW participants, by job category, to FRANCHISEE. For this purpose, "consideration" means that FRANCHISEE shall interview qualified candidates. C. NOTICES TO EMPLOYEES. 1. ReciardIn the Federal Earned Income Credit. FRANCHISEE shall notify its employees, and shall require each subcontractor performing Franchise Services to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. The notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015 that FRANCHISEE has attached as Franchisee Documentation. 2. Reaarding Safely Surrendered Bab v Law. FRANCHISEE acknowledges that COUNTY places a high priority on the implementation of the Safely Surrendered Baby Law (SB 1368) a. Fact Sheet. FRANCHISEE shall notify and provide to its employees and shall require each subcontractor performing Franchise Services to notify and provide to subcontractors' employees a fact sheet regarding the Safely Surrendered Baby 60 2012-FA0o1 Non -Exclusive Commercial Franchise 10 1. 2. C3 Law, its implementation in the COUNTY, and where and how to safely surrender a baby. FRANCHISEE shall print and make available in every facility where its employees are present, including offices and operation yards, the fact sheet that is available at www babvsafela.ora. b. Posfer. FRANCHISEE understands that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "Safely Surrendered Baby Law" poster in a prominent position at the contractor's place of business. FRANCHISEE shall also ura a its subcontractors to post this poster in a prominent enco g position in the subcontractors' place of business. COUNTY S Department of Children and Family Services shall supply FRANCHISEE with the poster to be used. 3, Reaardino Child Supaort FRANCHISEE acknowledges that COUNTY places a high priority on the enforcement of child support laws and the apprehension of child support evaders. FRANCHISEE further acknowledges that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "L.A's Most Wanted: Delinquent Parents List" supplied by COUNTY in a prominent position at their place of business. PROHIBITION AGAINST USE OF CHILD LABOR. uornionance wru, - - Em to ment FRANCHISEE shall not knowingly sell or supply to COUN I Y or Customers any products, goods, supplies, or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment (the "Convention Concerning Minimum Age for E other personal loyment!). if FRANCHISEE discovers that any products, goods, supplies, property sold or supplied by FRANCHISEE to COUNTY or any Customer are produced in violation of that Convention, that FRAANmplies witShatConvEE shall emmediately provide an alternative source of supply Provide COUNTY with Records. At COUNTY'S request, FRANCHISEE shall provide documentation I the form required by COUNTY evidencing the country or countries of origin of any products, goods, supplies, or other personal property FRANCHISEE sells or supplies to COUNTY or any Customer in connection with Franchise Services. Provide COUNTY with Manufacturers' Certification. At COUNTY'S request, FRANCHISEE shall provide to COUNTY the manufacturers certification of 61 2012-FA001 Non-ECCIUS" Commercial Framhise compliance with the Convention Concerning Minimum Age for Employment or other all -international child labor conventions. E. NONDISCRIMINATION. 1. EmolOvees. FRANCHISEE and its Affiliates shall employ qualified applicants and treat employees equally without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation and in compliance with all State of California and federal antidiscrimination lavas, including in employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation, and selection of training (including apprenticeship). 2. Subcontractors Bid ers n Vendors. FRANCHISEE shall deal with its subcontractors, bidders, and vendors without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation. 3. Certification. FRANCHISEE shall complyath the ttached pr visioFrans of FRANCHISEES EEO Certification (Form PW-�, see Documentation. 4. Insaectton of Records. At COUNTY'S request, FRANCHISEE shall promptly allow COUNTY and its auditor's access to FRANCHISEE'S employment records at FRANCHISEE'S Office during franchisee's office hours to verify compliance with the provisions of this Subsection. 5. Te -dies anies for Discrimination. If COUNTY finds that FRANCHISEE has violated y provisions of this Subsection, that violation constitutes a Franchisee default. While COUNTY reserves the right to determine Independently that the antidiscrimination provisions of this Subsection have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that FRANCHISEE has violated State of California or federal antidiscrimination laws shall constitute a finding by COUNTY that FRANCHISEE has violated the antidiscrimination provisions of this Subsection. F, SAFETY 1. Services Safety Official. FRANCHISEE shall designate in Franchisee Documentation a Services Safety Official who shall be thoroughly familiar with FRANCHISEE'S injury and Illness Prevention Program (IIPP) and 62, 2012-FA001 Non-EXOIYSIVe Commerdal Franchise Code of Safe Practices (CSP). FRANCHISEE shall ensure that the Services Safety Official is available at all times Franchise Services are provided to abate any potential safety hazards. FRANCHISEE shall give the Services Safety Official the authority and responsibility tocease performing any service if necessary to abate any potential safety hazard. If FRANCHISEE fails to designate or make available the Services Safety Official, COUNTY may direct the Franchise to cease providing Franchise Services at no cost to COUNTY until FRANCHISEE is in compliance with this Section. 2. Safety Resaonsibilitles. FRANCHISEE is responsible for the safety of equipment, material, and personnel under FRANCHISEE'S control or authority during performance of Franchise Services. FRANCHISEE is solely responsible for ensuring that all work performed under this Agreement Is performed compliance Iith all with pt tD occupational safety regulations.FRANCHISEE shall provide at is expense all safeguards, safety devices, protective equipment, and shall take all actions appropriate to providing a safe job environment. G. COUNTY LOBBYISTS. FRANCHISEE and each COUNTY lobbyist or County lobbying firm as defined in County Code Section 2.160.010, retained by Franchisee shall fully comply with the County Lobbyist Ordinance. FRANCHISEE represents that no Person, including a selling agency, has been employed or retained to solicit or secure this Agreement, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by FRANCHISEE for the purpose of securing business. Non -E List of Los AnaelesQounty Unincorporated Communities ID NAME 1 ACTON 2 AGOURA 3 AGUA DULCE 4 ALTADENA 5 6 ANTELOPE ACRES ARCADIAISLANDS 8 AVOCADO HEIGHTS 9 AZUSA ISLANDS 10 BALDWIN HILLS 11 12 BASSETT BIG PINES 13 14 BIGTUJUNGA BOUQUETCANYON 15 CALABASAS HIGHLANDS 16 17 18 CASTAIC CASTAIC JUNCTION CERR1708 ISLANDS 19 CHARTER OAK 20 CITRUS 21 COVINA ISLANDS 22 23 24 27 28 29 DEL AIRE DEL SUR NA RIEL MELCAMINOVILLAGE LLAGE30 KE31 34 35 FOOTHILL FORRESTPARK 36 FRANKLIN CANYON 37 GORMAN 38 GREEN VALLEY EXHIBIT A Garbage ^150^"al Districts (Excluded) 64 EXHIBIT B LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP North Detail LEGEND PUBLIC WORKS Unncorporeled Community Miles mu�mrl•1vq.e%xww.. wx.is r.w.. ow wa+.rnwv.v%r 0 3.75 7.5 nom wvwmvavade+me.... _ - .do.AiA m�(w M1.ryYIYI>. wP 0.wM1NwaemW M"sm. M+cP^..G15Savia 6eeM 6.nMuaww NY �p1i�y._�#WGI6P^WWn�vua cvmm�neapEm.O d1C 1111Tu9 EXHIBIT B LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES MAP South Detail RMdY Fwlwbr. LEGEND 74 [r� � Unincorporated Community PUBLIC WORKS .IM Garbage Disposal District(GDD) CYuM1�IlMMM4Mb � � �YMwYa�� YrYts.a�Mil srM/nalYM w4 9�w��IMULPq AOTrOM.rrpemmllY.a4.r.Mar9 �414svrae.6Mm PFf..pn�l�' afYMRY�Fmgaawoaavrm.rno.r�� W J LOS ANGELES COUNTY UNINCORPORATED COMMUNITIES IT, .E 1 ACTON IAGOURA S AWA A ALTA➢ENAENA 5 ARCAW ISLANDS ACRES 8 ARCADN DOHECGIRD) T ATNEN9(HES p AVOCAHTS p AZUM IWnN05 10 BAI HHLLb MSSETT 13 WG Mee13WGTWUNGA u BOIIGUETCINYON IS CALAMMS HGHIMOS 1s GSTNO IT CASTAIC.AYCTIOH IS CERRITOS ISLANDS Is CHARTEROAK W CITRUS 71 COVIIN ISLNb4 33 CELAWE m DEL SVR It DEL WLLE u EAST WLiIPI 10001 3s EAST LOS ANCEIES (GGD) SELVEMREGAA0 OW TERRACE P LAST PASACENA 3s MET 6AHGAMEL 39 EL GNmD VILLI W ELUASETH IARE JI FmMUNT M FIRESTONE (GM 33 FLORENCE TGM :N FOOTHILL 35 FOMEST PAW( ]p FNm NChN-N 51 GORMAN n GREEN VAUET n NACKPIMHEIGHTS 10 HA' TmcRtW IpLAND 41 NI V6G L2.R HWER (ELLS u NAGELCAHYOIL N mCRESCENTA a5IARAMBU b (ADEM HEIGHTS (GDW ST W ENUGHES IS IAXE LOS ANGELES 40 IAI(EVIEW 58 IANO 51 IENNOX (3DD) # LEONM VALLEY u WI TWUNfA m UTTIEROOL 551 ID HANE 38 LOS LONGSE.. ISIANO So BU VISTA SIT0 MEBAH DELTS W WNTA RIGHTS FOD) 81 MINT CANYON 8T NDHHOVINDUMTE (ISlAN031 s3 NOHTPOSC 81 NWRIWEL NDCIX1ftICON CORNE L VIRDENESAIALNNLNITON WUSU IMUENDS MAUBGt-AXE MAUBU'SYLAMfmECAMYW MONTH NIDD O CANYON 85 NEENACENM1CX p PRBUDEA1RPO0.T 63 RMEARBLOSSDM 88 NCO 8p DUNNZ HRL ttl NANCNO DaNWOu¢ TI RDOEEVELT T3 RDSEVIODH HEIGHTS 000) T3 SAN L TS SAN PAIX3 TE ISLAND IS SANT A80W4 }8 SANTACdTALmAISLAND P SO EGAD }6 SW IH ,O HIL }p IEL SDUTH SAMN JOSEE pp STEVENSONRANCH 81 SULTM1IP SPRINGS 0 SUN ~GE T q T CANYON FERNONNDA FERNNOOD OLENVI GYLVIAPARK TOPANGA INNERSALCRY 05VALV SS VAL VERGE SS VALINW 81 VALYERMO W VCCM W VEWRANSIEMNSCEMER 90 VIEW PARH(ODW SI W RARKIG 03 WESTEST WI CARSON 03 WEST FOX HILLS lT>DIR N WHrTIELD pi vm TIER WARRCI W WmTrt BRO RRI WNS W LSOWBROIE)ENS 0`WL 0 GAFIEENS N WINDSOR(GDD) 1W WRWMN9ODT00 DW m„�YN YIIYKP Y FRAaM YwIW RMI MI bLOMYLY�CaY1CMIMp NYUHa WwNlETA1WMF. DATE HA[1At.�INIi KnHbwb eY MNM pr WM f1m Miles 0 5.75 11.5 EXHIBIT C.1 (Revised 412012) CUSTOMER BILL OF RIGHTS CUSTOMER BILL OF RIGHTS (which COUNTY may update) What We Will Collect. We will collect refuse, green waste and commingled recyclables in bins and/or carts we provide. You must place refuse, recyclable materials, and green waste in the appropriate bins and/or carts. We will not pick up materials that you discard outside of bins and/or carts unless you have made previous arrangements with us, as described below. Additional Customer Options Regarding Recyclables: Mandatory Recycling. Commercial businesses and multifamily residences that generate 4 cubic yards or more of solid waste per week are required by California law to recycle. To comply with law, you may donate or sell any or all of your recyclables to someone else, such as recycling centers or reuse enterprises or subscribe to recycling services with us. We offer the following recycling service options without additional charge: a one cubic yard recyclable bin or up to two 96 gallon recyclable carts. Additional or larger containers will be offered at half the rate for the same type and capacity of refuse container and same frequency of refuse collection service. In addition, we will conduct annual site visits to evaluate whether your existing levels of refuse and recycling service is appropriate, and promote and implement recycling services. We Will Not Collect Hazardous Waste or Electrical Waste. State law prohibits disposal of hazardous materials and certain electronics in your trash. Hazardous waste includes: most paints, pesticides, petroleum derivatives such as motor oil and solvents, batteries, thermostats, aerosol cans, fluorescent lights, and certain mercury -containing devices. Electrical waste includes "covered electronic devices' and electrically powered equipment described below under "On -Call Pickups', which you may ask us to collect separately. If we identify these items in your trash, we will tag your bin and not collect it. For additional safe and legal disposal options, call the HAZWASTE HOTLINE at (888) CLEAN -LA or visit www.ciwmb.ca.gov/HHW/in . When We Will Collect. We will collect your containers on your scheduled collection day(s) each week. We will notify you in advance if we make a permanent change in your scheduled collection day, if your scheduled collection day falls on or after a holiday, during a holiday week, collection will be delayed by one day (Friday customers will have their collection on Saturday). We observe the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day. Where We Will Pick Up. You must set your bin(s) at the set -out site as agreed upon unless you have roll-out service. If we agreed to collect on private driveways or pavement, we will ask you to sign a waiver of damage liability and/or indemnification. We must repair or replace, to your satisfaction, damaged property, and reimburse you for cost of personal injury, caused by our negligence or willful acts or omissions. In addition to enforcing your rights under the franchise agreement, you may institute civil suits allowed under law. 68 EXHIBIT CA (Revised 412012) Container Enclosure Maintenance and Litter. You are responsible for keeping your container enclosure or set out site clean and in good repair. We will clean up all litter caused during collection. Weight Limitations of Carts or Bins. We will not pick up carts weighing more than XXX or bins weighing more than: x cubic yard bin= xxx lbs, etc. (Hauler to provide max wt based on container size) Repair/Replacement. We will repair or replace containers within 2 weeks of your request at no charge. Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties: We will provide one of the following service options upon your request: (1) 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not in any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendant of a multi -family residence and schedule the annual cleanup event. Examples of bulky items include discarded furniture (such as chairs, sofas, mattresses, box springs, and rugs); appliances (such as refrigerators, range, washers, dryers, water heaters, dishwashers, plumbing, and other similar items). Electronics includes "covered electronic devices" such as cathode ray tubes (as in TV and computer monitors), LCD and plasma screens; and electrically powered equipment such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, and calculators. On -Call Pickups for Commercial Customers with Surcharge. We will make 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at specified charges. If you call us at least 24 hours in advance, we will collect them on your next regularly scheduled pickup day. When You Must Pay. (Hauler to provide billing information) Sample Language: We bill trash collection services three -months in advance. We will mail your bill on or before the 151 day of your billing period, for example, on April 191 for the billing period of April, May and June. Your bill is due no later than the last day of the first month, for example 69 EXHIBIT CA (Revised 4/2012) on April 30". If we do not receive payment by the last day of the second month, for example, May 31St, your bill will become delinquent and an additional 10% per annum fee will be added to the balance. We may terminate your service if you do not pay your service fees by the end of the billing cycle, for example, June 30m. We will charge $25 to restart the service after a service interruption and a $25 fee on returned checks. Customer Termination Rights And Right To Self -Haul: Within six months of your new service, we will amend any written subscription order you may have with us to grant you your customer termination rights. You may terminate service without cause at any time by giving us 90 days notice if you are not delinquent in paying us any service charges. You may also terminate service immediately in the event of certain emergencies or by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts and/or dumpsters/bins) or we bill you incorrectly (such as changing your service rate(s) without obtaining your prior consent through a revised Customer Subscription Order). You also have the right to self -haul all or some of your waste in addition to, or instead of, subscribing to our service. Customer Notification. We will provide a written final notice (postmarked at least 14 days in advance) if we are to suspend or terminate your service. The final notice will include an explanation for the suspension or termination and information on how to resolve your issue and restart service. We will refund (Hauler to provide language) Sample Language: any overcharges (including advance payments for services that you subsequently cancel) within 30 days after we receive them. We will pay you interest on overcharges (other than advance payments for subsequently canceled services) at 10 percent per annum from the date the overcharged until the date refunded. Where You Can Contact Us. You may call us regarding service or complaints Toll Free at (insert haulers number here) between Xam and Xpm weekdays, except holidays. You may come to our office located at (insert haulers address here), mail correspondence to our office address or via e-mail at (insert haulers e-mail address). If we do not satisfactorily resolve any complaint; you may call the County at 1-800-993- 5844. We Do Not Discriminate. If you are entitled to service, we will not discriminate against you on account of race, creed, color, sex, gender, national origin, ancestry, religion, age, physical or mental disability, marital status, or political affiliation. Rights Of Privacy. We will observe and protect your rights of privacy and trade secrets. Unless you give us permission, we will not reveal any information identifying you or the composition or contents of your solid waste to any person except the County or if required by law. Thank You For Allowing (insert haulers name here) To Serve Youl 70 EXHIBIT D Assembly Bill No. 341 CHAPTER 476 An act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926,44m, and 50001 of, to add Sections 40004,4 1734.5, and 41780.01 to, to add Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and to add and repeal Section 41780.02 of, the Public Resouces Code, relating to solid waste. [Approved by Governor October 5,201 L Filed with Se retery of State October 6. 2011.1 LEGISLATIVE COUNSELS DIGEST AB 341, Chesbro. Solid waste: diversion. (t) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and a composting component. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste from landfill disposal or transformation by January 1, 2000, through source reduction, recycling, and composting activities. The department is required to file ao annual progress report with the Legislature by March I that includes specified information regarding the act. This bill would make a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020, and would require the department, by January 1, 2014, to provide a report to the Legislature that provides strategies to achieve that policy goal and also includes other specified information and recommendations. The bill would allow the department to provide the report required by the bill in conjunction with the annual progress report, if the combined report is submitted by January 1, 2014. The bill would repeal the report requirement on January 1, 2017. (2) Existing law requires a city,county, and city and county to incorporate the nondisposal facility, element and any amendment to the element into the revised source reduction and recycling element at the time of the 5 -year revision of the source reduction and recycling element. Existing law requires the department to revicw an amendment to a nondisposal facility element and requires a local task force to review and comment on amendments to a nondisposal facility element. This bill would repeal those requirements. The bill would instead require a city, county, city and county, or regional agency to update all ' 71 EXHIBIT 0 Ch. 476 —2— required to be included in the nondisposal facility element. The bill would provide that the update is not subject to approval by the department or comment and review by a local task force. (3) Existing law requires a local agency to impose certain requirements on an operator of a large venue or event to facilitate solid waste reduction, reuse, and recycling. This bill would require a business, defined to include a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more to arrange for recycling services, on and after July 1, 2012. The bill would also require a commercial waste generator to take specified actions with regard to recyclable materials. The bill would require a jurisdiction, on and after July 1, 2012, to implement a commercial solid waste recycling program meeting specified elements but would not require the jurisdiction to revise its source reduction and recycling element if the jurisdiction adds or expands a commercial solid waste recycling program to meet this requirement. The bill would authorize a local agency to charge and collect a fee from a commercial waste generator to recover the local agency's costs incurred in complying with the commercial solid waste recycling program requirements. By requiring a jurisdiction to implement a commercial solid waste recycling program, this bill would impose a state -mandated local program. The bill would require the department to review a jurisdiction's compliance with the above requirement as a part of the department's review Of a jurisdiction's compliance with the 50% solid waste diversion requirement and would authorize the department to review a jurisdiction's cora fiance pursuant to a specified procedure. (4� Existing law requires each state agency to submit an annual report m the departmcat summer zing its progress in reducing solid waste that is due on September 1 of each year starting to 2009. 'this bill would cbange the due date to May I of each year. (5) Existing law requires an operator of a solid waste facility that wants to change the design or operation of the solid waste facility in a manner not authorized by the current permit to apply for a revised permit Within 60 days of receipt of the application for the revised permit, the enforcement agency is required to inform the operator, and in some circumstances the department, of its determination to allow the change without revision of the permit, disallow the change, require a revision of the permit 10 allow the change, or require review under the California Environmental Quality Act before a decision is made. This bill would also require the enforcement agency to give notice of its determination to allow certain changes without a revision to the permit through a modification to the permit allowed by regulations developed by the department. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 92 72 EXHIBIT D —3— This bill would provide that no reimbursement is required by this act for a specified reason. The people of the Slate of California do enact asfollows: SECTION 1. (a) The Legislature finds and declares both of the following: (1) Since the enactment of the California Integrated Waste Management Act of 1999 (Division 30 (commencing with Section 40000) of the Public Resources Code), local governments and private industries have worked jointly to create an extensive material collection and recycling infrastructure and have implemented effective programs to achieve a statewide diversion rate above 50 percent. (2) Although the state now leads the nation in solid waste reduction and recycling, the state continues to dispose of more than 40 million tons of solid waste each year, which is more than the national average on a per capita basis. Additional efforts must be undertaken to divert more solid waste from disposal in order to conserve scarce natural resources. (b) The Legislature furiber finds and declares all of the following: (1) Approximately 64 percent of the state's solid waste disposal is from commercial sources, including commercial, industrial, construction, and demolition activities. In addition, S percent of the state's solid waste disposal is from multifamily residential housing that is often collected along with the commercial waste stream. (2) The state's local governments have made significant progress in reducing the amount of solid waste disposal from single-family residential sorces that make up 28 more challenges in educing percent salffromthe �thesco'thave tif commercial and multifamily sources. (3) The disposal of recyclable materials in the commercial solid waste stream prevents materials from circulating in the state economy to produce jobs and new products. Reducing the disposal of these materials will conserve landfill capacity and contribute to a reduction in greenhouse gas emissions and climate change. (4) The slate has long been a national and international leader in environmental stewardship efforts and mandating the diversion of solid waste away from disposal. Bold environmental leadership and a new approach are needed to divert commercial solid waste away from disposal. (5) By exercising a leadership role, the state will lead the business community toward a future in which the environment and the economy both grow stronger together by recycling materials, which creates new jobs, instead of burying resources, which exit the economy forever. (6) By requiring commercial recycling, the state reduce costly disposal fees and reclaim valuable rest SEC. 2. Section 40004 is added to the public Ra 40004. (a) The Legislature finds and declares all EXHIBIT D Ch. 476 —4— (1) Solid waste diversion and disposal reduction require the availability of adequate solid waste processing and composting capacity. (2) The existing network of public and private solid waste processing and composting facilities provides a net environmental benefit to the communities served, and represents a valuable asset and resource of this state, one that must be sustained and expanded to provide the additional solid waste processing capacity that will be required to achieve the additional solid waste diversion targets expressed in Section 41760.01 and the commercial solid waste recycling requirement expressed in Section 42649. (3) The provisions in existing law that confer broad discretion on local agencies to determine aspects of solid waste handling that are of local concern have significantly contributed to the statewide diversion into exceeding 50 percent, and further progress toward decreasing solid waste disposal requires that this essential element of local control be preserved. (b) It is the intent of the Legislature to encourage the development of the additional solid waste processing and composting capacity that is needed to meet state objectives for decreasing solid waste disposal by identifying incentives for local governments to locate and approve new or expanded facilities that meet and exceed their capacity needs, and to recognize local agencies that make significant contributions to the state's overall solid waste reduction and recycling objectives through the siting of facilities for the processing and composting ofmaterials diverted from the solid waste stream. (c) By setting new commercial solid waste recycling requirements in Section 42649, the Legislature does not intend to limit a right afforded to local governments pursuant to Section 40059, or to modify or abrogate in any manner the rights of at local government or solid waste enterprise with regard to a solid waste handling franchise or contract. SEC. 3. Section 41730 of the Public Resources Code is amended to read: 41730. Except as provided in Section 41750.1, each city shall prepare, adopt, and, except for a city and county, transmit to the county in which the city is located a noodisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a city source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any updates to the element shall not be subjectto the approval of the county and the majority of cities with the majority of the population in the incorporated area. SECA Section 41731 of the Public Resources Code is amended to read: 41731. Except as provided in Section 41750.1, each county shall prepare, adopt, and, except for a city and county, transmit to the cities located in the county a nondisposal facility element that includes all of the information required by this chapterand that is consistent with the implementation of a county source reduction and recycling elementadopted pursuant to this paR The nondisposal facility element and any updates to the element shall not be subject to the approval of the majority of cities with the majority of the population in the incorporated area. to ted_ SEC. 5. Section 41734ofthePublic ResourcesCodeisamended 74 EXHIBIT D —5- 41734. (a) (1) Prior to adopting a nondisposal facility element, the city, county, or regional agency shall submit the element to the task force created pursuant to Section 40950 f'or review and comment, (2) Prior to adopting a regional agency nondisposal facility element, if the jurisdiction of the regional agency extends beyond the boundaries of a singlo county, the regional agency shall submit the element for review and cornmentto each task force created pursuant to Section40950 of each county within the jurisdiction of the regional agency. (b) Commentsby the task force shall include an assessment of the regional impacts of potential diversion facilities and shall be submitted to the city, county, or regional agency and to the department within 90 days of the date of receipt of the nondtsposal facility element for review and comment SEC. 6. Section 41734.5 is added to the Public Resources Code, to read: 41734.5. (a) Once a nondisposal facility element has been adopted; the city, county, or regional agency shall update all information required to be included in the nondisposal facility element, including, but not limited to, new information regarding existing and new, or proposed, nondisposal facilities. (b) Updates shall be provided to the department within 30 days of any change in information. (c) Copies of the updated information shall also be provided to the local task force and shall be appended or otherwise added to the nondisposal facility element (d) The local task force shall not be required to review and comment on the updates to the nondisposal facility elements. (e) Updates to the nondisposalfacility elements are not subject toapproval by the department. SEC.7. Section41735 of the Public Resources Code is amended to read; 41735. (a) Notwithstanding Division 13 (commencing with Section 21000), the adoption or update of a nondisposal facility element shall not be subject to environmental review. (b) Local agencies may impose a fee on project UPA a ts to o fund their necessary and actual costs of preparing and approving osal facility elements. SEC.S. Section41736 ofthePublic Resources Code is amended to read: 41736. It is not the intent of the Legislature to require cities and counties to revise their source reduction and recycling elements to comply with the requirements of this chapter. SEC. 9. Section 41780.01 is added to the Public Resources Code, to read: 41780.01. (a) The Legislature hereby declares that it is the policy goal of the state that not less than 75 percent of solid waste Renerated be source reduced, recycled, or composted by the year 20 (b) Notwithstanding subdivision (a), the del or enforce a diversion rate on a city or county percent diversion rate established pursuant to S EXHIBIT D Ch. 476 —6— SEC. 6— SEC. 10. Section 41780.02 is added to the Public Resources Code, to read: 41780.02. (a) OnorbefbreJanuary1,2014,the department shall submit a report to the Legislature that provides strategies to achieve the state's policy goal that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter, pursuant to Section 41780.01. (b) The report shall also include all of the following: (1) A review and update of the information required pursuant to subparagraph(A) of paragraph (4) ofsubdivision (c) of Section 40507, with emphasis on new and emerging trends in resource management. (2) Identification of problematic waste streams and sources and recommendations on handling those waste streams. (3) Evaluation of current programs and then effectiveness, and recommendations for changes to those programs. (4) Recommendations for reprioritizingexisting resources tobest achieve the purpose of Section 41780.01. (5) Recommendations for legislative changes, if any, that are necessary to achieve the goals of Section 41780.01. (6) Report on regulatory changes, if any, that are necessary, to achieve the goals of Section 41780.01. (7) Any other information or recommendations the department deems pertinent. (c) The department may provide the report required pursuant to this section in conjunction with the report required pursuant to Section 40507 if the combined report is submitted on or before January 1, 2014. (d) The department may hold public workshops to gather input from stakeholders. (e) (1) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2017. (2) The report shall be submitted in compliance with Section 9795 of the Government Code. SEC. 11. Section 41800 of the Public Resources Code is amended to read: 41800. (a) Except as provided in subdivision (b), within 120 days from the date of receipt of a countywide or regional integrated waste management plan that the department has determined to be complete, or say element of the plan that the department has determined to be complete, the department shall determine whether the plan or element is in compliance with Article 2 (commencing with Section 40050) of Chapter 1 of Part 1, Chapter 2 (commencingwith Section 41000), and Chapter 5 (commencing with Section 41750), and, based upon that determination, the department shall approve, conditionally approve, or disapprove the plan or element. (b) (1) Within 120 days from the date of receipt of a city, county, or regional agency nondisposal facility element that the department has determined to be complete, the department shall determine whether the element that the department bas determined to be complete is in compliance 92 M.. EXHIBIT D —7— with Chapter 4.5 (commencing with Section 41730) and Article 1 (commencing with Section 41780) of Chapter 6, and, based upon that determination, the department shall approve, conditionally approve, or disapprove the element within that time period. (2) In reviewing the element, the department shall: (A) Not consider the estimated capacity of the facility or facilities in the element unless the department determines that this information is needed to determine whether the element meets the requirements of Article I (commencing with Section 41780) of Chapter 6. (B) Recognize that individual facilities represent portions of local plans or programs that are designed to achieve the diversion requirements of Section 41780 and therefore may not arbitrarily require new or expanded diversion at proposed facilities. (C) Not disapprove an element that includes a transfer station or other facility solely because the facility does not contribute toward the jurisdiction's efforts to comply with Section 41780. (c) If the department does not act to approve, conditionally approve, or disapprove an element that the department has determined to be complete within 120 days, the department shall be deemed to have approved the element. SEC. 12. Chapter 12.8 (commencing with Section 42649) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 12.8. RECYCLING OF COMMERCIAL SOLIDWASTE 42649. (a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate. (b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs. (c) It is the intent of the legislature to reduce greenhouse gas emtssions by diverting commercial solid waste to recycling efforts end to expand the opportunity for additional recycling services and recycling manufacturing facilities in California. 42649.1. For purposes of this chapter, the following terms mean the following: (a) "Business" means a commercial or public entity, including, but not limited to, a firm, parmersbip, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) "Commercial solid waste"has the same meaning as defined in Section 17225.12 of Title 14 of the California Code of Regulations. (c) "Commercial waste gencratOP'meansabusiness subject tosubdivision (a) of Section 42649.2. (d) "Self -hauler' means a business that hauls its own waste rather than contracting for that service. 92 77 Ch. 476 —8- 42649.2. 8- 42649.2, (a) On and after July 1, 2012, a business that generates more than four cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider. (b) Acommercial waste generator shall Lake atleastone ofthe following actions: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self -hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation. (c) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section. 42649.3. (a) OnandaRerJuly1,2012, eachjurisdiction shall implement a commercial solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses subject to Section 426492, whether or not thejurisdiction has met the requirements of Section 41780. (b) If a jurisdiction already has a commercial solid waste recycling program as one of its diversion elements that meets the requirements of this section, it shall not be required to implement a new or expanded commercial solid waste recycling program. (c) The commercial solid waste recycling program shall be directed at a commercial waste generator, as defined in subdivision (b) of Section 42649. t, and may include, but is not limited to, any of the following: (1) Implementing a mandatory commercial solid waste recycling policy or ordinance. (2) Requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement. (3) Requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal. (d) The commercial solid waste recycling program shall include educa1 o outreach to, and monitoring of, businesses. A Jurisdiction shall notify a business if the business is not in compliance with St (e)The commercial solid waste recycling program enforcement provisions that are consistent with a jurisdict, including a structure for fines and penalties. (f) The commercial solid waste recycling program certification requirements for self-haulcrs. (g) The department shall review a jurisdiction's compi'. section as part of the department's review required by Sectit jurisdiction shall report the progress achieved in imi commercial recycling program, including education, outreach 78 EXHIBIT D EXHIBIT D —9— and monitoring, and if applicable, enforcement efforts, by providing updates in the annual report required by Section 41821. (h) The department may also review whether a jurisdiction is in compliance with this section at any time that the department receives information that a jurisdiction has not implemented, or is not making a good faith effort to implement, a commercial recycling program. (i) During its review pursuant to subdivision (g) or (h), the department shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program. For purposes of this section, "good faith effort" means all reasonable and feasible efforts by a jurisdiction to implement its commercial recycling program. During its review, the department may include, but is not limited to, the following factors in its evaluation of a jurisdiction's good faith effort: (1) The extent to which businesses have complied with Section 42649.2, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are subscribing to service. (2) The recovery rate of the commercial waste from the material recovery facilities that are utilized by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuant to Section 18809.4 of Title 14 of the California Code of Regulations. (3) The extent to which the jurisdiction is conducting education and outreach to businesses. (4) The extent to which the jurisdiction is monitoring businesses, and notifying those businesses that am out of compliance. (5) The availability of markets for collected recyclables. (6) Budgetary constraints. (7) In the case of a rural jurisdiction, the effects of small geographic size, low population density, or distance to markets. 42649.4. (a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 426493, the jurisdiction shall not be required to revise its source reduction and recycling element, or obtain the department's approval pursuant to Article 1 (commencing with Section 41800) of Chapter 7 of Part 1. (b) lfanaddition orexpansion ofajurisdiction'scommercial solid waste recycling program is necessary, the jurisdiction shall update in its annual report required pursuant to Section 41821. 42649.5. (a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is more stringent or comprehensive then the requirements of this section or limit the authority of a local agency in a county with a population of less than 200,000 to require commercial solid waste recycling. (b) This chapter does not modify, limit, or abrogate in any manner arty of the following: (1) A franchise granted or extended by a city, county, or other local government agency. 92 79 EXHIBIT D Ch. 476 —10— (2) 10— (2) A contract, license, or permit to collect solid waste previously granted or extended by a city, county, or other local government agency. (3) The existing right of a business to sell or donate its recyclable materials. 42649.6. A local agency may charge and collect a feefrom a commercial waste generator in order to recover the local agency's costs incurred in complying with this chapter. 42649.7. If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011-12 Regular Session of the Legislature adding this section, those regulations shall be deemed to have been adopted by the department, and they shall be added to the department's regulations and deleted from the board's regulations as if it were a change without regulatory effect. SEC. 13. Section 42926 of the Public Resources Code is amended to read: 42926. (a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1, 2012, and on or before May I in each subsequent year. The information in this report shall encompass the previous calendar year. (b) Each state agency's annual report to the department shall, at a minimum, include all of the following: (1) Calculations of annual disposal reduction. (2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. (3) A summary of progress made in implcmenting the integrated waste management plan. (4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. (5) Other information relevant to compliance with Section 42921. (c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency's integrated waste management plan needs to be revised. SEC. 14. Section 44004 of the Public Resources Code is amended to read: 44004. (a) An operator of a solid waste facility shall not make a significant change in the desiga or operation of the solid waste facility that is not authorized by the existing permit, unless the change is approved by the enforcement agency, the change conforms with this division and all regulations adopted pursuant to this division, and the terms and conditions of the solid waste facilities permit are revised to reflect the change. 92 80 EXHIBIT D _11— (b) if the operator wishes to change the design or operation of the solid waste facility in a manner that is not authorized by the existing permit, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall he filed at least 180 days in advance of the date when the proposed modification is to take place unless the I80 -day time period is waived by the enforcement agency. (c) The enforcement agency shall review the application to determine all of the following: (1) Whether the change conforms with this division and all regulations adopted pursuant to this division. (2) Whether the change requires review pursuant to Division 13 (commencing with Section 21000). (d) Within 60 days from the date of the receipt of the application for a revised permit, the enforcement agency shall inform the operator, and if the enforcement agency is a local enforcement agency, also inform the department, of its determination to do any of the following: (1) Allow the change without a revision 10 the permit. (2) Allow the following changes without a revision to the permit through a modification to the permit allowed pursuant to regulations developed by the department: (A) The proposed change is to allow a nondisposal facility to increase the amount of solid waste that it may handle and that increased amount is within the existing design capacity as described in the facility's transfer processing report and review pursuant to Division 13 (commencing with Section 21000). (13) The proposed change is to allow a disposal facility to add a nondisposal activity to the facility that will increase the amount of solid waste that may be handled as described in the facility's report of facility information and review pursuant to Division 13 (commencing with Section 21000). (3) Disallow the change because it does not conform with the requirements of this division or the regulations adopted pursuant to this division. (4) Require a revision of the solid waste facilities permit to allow the change. (5) Require review under Division 13 (commencing with Section 2 1000) before a decision is made. (e) The operator has 30 days within which to appeal the decision of the enforcement agency to the hearing panel, as authorized pursuant to Article 2 (commencing with Section 44305) of Chapter 4. The enforcement agency shall provide notice of a hearing held pursuant to this subdivision in the same manner as notice is provided pursuant to subdivision (h). (f) Under circumstances that present an immediate danger to the public health and safety or to the environment, as determined by the enforcement agency, the 180 -day filing period may be waived. 92 8`e EXHIBIT D Ch. 476 —12— (g) (1) A permit revision is not required for the temporary suspension of activities at a solid waste facility if the suspension meets either of the following criteria: (A) The suspension is for the maintenance or minor modifications to a solid waste unit or to solid waste management equipment. (B) The suspension is for temporarily ceasing the receipt of solid waste at a solid waste management facility and the owner or operator is in compliance with all other applicable terms and conditions of the solid waste facilities permit and minimum standards adopted by the Department. (2) An owner or operator of a solid waste facility who temporarily suspends operations shall remain subject to the closure and postclosure maintenance requirements of this division and to all other requirements imposed by federal law pertaining to the operation of a solid waste facility. (3) The enforcement agency may impose any reasonable conditions relating to the maintenance of the solid waste facility, environmental monitoring, and periodic reporting during the period of temporary suspension. The department may also impose any reasonable conditions determined to be necessary to ensure compliance with applicable state standards. (h) (1) (A) Before making its determination pursuant tosubdivision(d), the enforcement agency shall submit the proposed determination to the department for commentand hold at least one public hearing on the proposed determination. The enforcement agency shall give notice of the hearing pursuant to Section 65091 of the Government Code, except that the notice shall be provided to all owners of at property within a distance other than 300 feet of the real property that is the im ect of the hearing, if specified in the regulations adopted by the departtnent pursuant to subdivision (i). The enforcement agency shall also provi c notice of the hearing to the department when it submits the proposed determination to the department. (B) The enforcement agenty shall mail or deliver the notice required pursuant to subparagraph (A) at least 10 days prior to the date of the bearing to any person who has filed a written request for the notice with a person designated by the enforcement agency to receive these requests. The enforcement agency may charge a fee to the requester in an amount that is reasonably related to the costs of providing this service and the enforcement agency may require each request to be annually renewed. (C) The enforcement agency shall consider environmental justice issues when preparing and distributing the notice to ensure that the notice is concise E and understandable for limited -English-speaking populations. (2) Ifthedepartment comments pursuant toParagraph (1),the department F shall specify whether the proposed determination is consistent with the regulation adopted pursuant to subdivision (i). (i) (1) The department shall, to the extent resources are available, adopt regulations that implement subdivision (b) and define the term "significant change in the design or operation of the solid waste facility that is not authorized by the existing permit:' 92 62 F:M-J 011u —13— (2) While formulating and adopting the regulations required pursuant to paragraph (1), the department shall consider recommendations of the Working Group on Environmental Justice and the advisory group made pursuant to Sections 71113 and 71114 and the report required pursuant to Section 71115. SEC. 15. Section 50001 of the Public Resources Code is amended to read: scoot. (a) Except as provided by subdivision (b), after a countywide or regional agency integrated waste management plan has been approved by the Department of Resources Recycling and Recovery pursuant to Division 30 (commencing with Section 40000), a person shall not establish or expand a solid waste facility, as defined in Section 40194, in the county unless the solid waste facility meets one of the following criteria: (1) The solid waste facility is a disposal facility or a transformation facility, the location of which is identified in the countywide siting element or amendment to that element, which has been approved pursuant to Section 41721. (2) The solid waste facility is a facility that is designed to recover for reuse or recycling at least 5 percent of the total volume of material received by the facility, and that is identified in the nondisposal facility element that has been approved pursuant to Section 41800 or is included in an update to that element. (b) Solid waste facilities other than those specified in paragraphs(1)and (2) of subdivision (a) shall not be required to comply with the requirements of this section. (c) The person or agency proposing to establish a solid waste facility shall prepare and submit a site identification and description of the proposed facility to the task force established pursuant to Section 40950. Within 90 days after the site identification and description is submitted to the task force, the task force shall meet and comment on the proposed solid waste facility in writing. These comments shall include, but are not limited to, the relationship between the proposed solid waste facility and the implementation schedule requirements of Section 41780 and the regional impact of the facility. The task force shall transmit these comments to the person or public agency proposing establishment of the solid waste facility, to the county, and to all cities within the county. The comments shall become part of the official record of the proposed solid waste facility. (d) The review and comment by the local task forte shall not be required for an update to a nondisposal facility element. SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. n 83 92 Proposed Regulation: Mandatory Commercial Recycling cal RenyCle Mandatory Commercial Recycling Proposed Regulations..........................................I...........1...1.1.1.................. .......................... Page 1 of 3 EXHIBIT D Description New regulation covering CalRecyde's responsibilities for implementing mandatory commercial recycling (Recycling of Commercial Solid Waste) law. This rulemaking concerns recycling requirements for businesses that generate 4 cubic yards or more of commercial solid waste per week and multifamily residential dwellings with 5 or more units, requirements for local judsdictions for education, outreach, monitoring and reporting, and CalRecycle review. Affected Regulatory Code Sections California Code of Regulations, Title 14, Division 7, Chapter 9.4, Article 2, commencing with Section 18836. Status Formal rulemaking for the proposed regulation begins October 28, 2011 with the beginning of the 45 -day comment period which ends on December 12, 2011. A public hearing is scheduled for December 13, 2011, to receive comments following the initial 45 -day public comment period. Contact You may the contact CalRecyde's Mandatory Commercial Recycling team at dimat9changc�nalrecvde ea aov. If you would like to receive an e-mail notification of developments In this rulemaking, please add your contact information to CalRecycle's Mandatory Commercial Recvdino is MU. Planned Opportunities for Stakeholder Input October 28, 2011: CalRecycle starts 45 -day comment period for the proposed regulation, e>dending through December 12, 2011. December 13, 2011 Public Hearing: CalRecycle will hold a public hearing to receive comments for the proposed regulation following the 45 -day comment period . January 2012: 15 -day Public Comment Period, 0 needed, in response to written comments submitted to CalRecycla during the formal 45 -day comment period. February 2012 Public Meeting: The final proposed regulations will be presented at the CalRecyde public meeting. Rulemaking Documents Notice of Proposed Rulemaking (PDF, 324 KB), October 28, 2011. Public notice of the initial 45 -day comment period. Initial Statement of Reasons (PDF, 221 KB), October 28, 2011. A statement of the specific purpose and rationale for the program regulation. Proposed Regulations (PDF, 246 KB), October 28, 2011. Proposed regulatory text for 45 -day comment period. Rulemaking History Prior to AB 341 Prior to the passage AB 341, CalRecycle and the ARB worked together to establish a rulemaking process for the cy Mandatory Commercial Recycling Measure required In the AB 32 Scoping Plan. Under a.Memorandum of Understanding between the two. CalRecycle was responsible for developing, Implementing, and enforcing the regulations, while ARB was responsible for adopting the regulations and providing additional enforcement if needed, 84 http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11117/20I1 Proposed Regulation: Mandatory Commercial Recycling Page 2 of 3 EXHIBIT D To build the basis for the rulemaking, CalRecycle and the ARB hosted eight (8) Informal workshops to solicit stakeholder feedback regarding the measure and associated draft regulations. These workshops offered an informal opportunity to talk about design and implementation issues of this measure. While there are some distinctions between the draft regulations in this prior rulemaking effort and the commercial recycling program outlined in AB 341, the fundamental framework and principals are parallel. Therefore, CalRecycle staff has adjusted the proposed regulation for a new rulemaking, as described above to reflect the specifics of AB 341, while also carrying forward the language and details incorporated through the nearly 3 -year informal stakeholder engagement process. The following provides additional details regarding each of these workshops. Workshop Dates July 19, 2011, Sacramento, California CalRecycle staff conducted a workshop seeking stakeholder input on additional staff economic analysis and changes to the proposed AB 32 Mandatory Commercial Recycling regulation since the January 1g, 2011 meeting. The workshop materials and description are posted on the related CalRecycle public notice oaos. January 19, 2011, Sacramento, California At the January 19, 2011 workshop, CalRecycle and ARB staff reviewed the revised draft r tory language (POF, 116 KB), various related economic and environmental impact analyses, and the final draft report for the cost study on commercial recycling. Staff engaged with participants, addressing questions and collecting informal stakeholder comments related to these subjects through January 26, 2011. September 21, 2010, Sacramento, California In coordination with the Air Resources Board, CalRecycle focused the September 21, 2010 informal stakeholder workshop on various related analysis efforts, including the: Cost model for economic evaluation of the proposed regulation with supplemental economic analysis Local government cost survey Recycling and composting GHG emission reduction factors Environmental Impacts analysis The workshop materials re posted on the related CalRecycle public notice Pace. CalRecycle staff requested comments by October 8, 2310. June 16, 2010, Sacramento, California As part of the M t dais Mana e e a uocai r i -ran- CalRecyde staff engaged in an informal stakeholder workshop on the proposed AB 32 Mandatory COI Recycling regulation. Event information included: agenda, proposed regulations, summary of proposed regulation, background infom'te8on, and presentations. CalRecycle staff requested comments by June 30, 2010. Workshop topics Included: Introductions and general project background information. Overview of the regulation. Focused discussion on related issues. Presentation of associated tools. Next steps and timeline for formal nilemaking, Presentations included: Sample Mandatory Commercial Recvclino Ordinance Proiect by Yvonne Hunter, Institute for Local Government. (Adobe PDF, 171 KB) 85 http://www.calrecycle.ca.guv/Climate/Recycling/Workshopsldcfault.htm 11/17/2011 Proposed Regulation: Mandatory Commercial Recycling Page 3 of 3 EXHIBIT D Calculator to Estimate Climate Financial and Diversion Benefits of Zero Waste by Amity Lumper, Cascadia Consulting Group, Inc. (Adobe PDF, 940 KB) December 15, 2009, Sacramento, California At the December 15 CIWMB Board Meeting, CIWMB Staff presented a discussion of and request for direction on Draft Proposed ReQylatgry Language (Word, 106 KB) and Ruiemakino Plan (Word, 74 KB). September 15, 2009, Sacramento, California At the September 15th CIWMB Board Meeting, CIWMB Staff presented a compilation of stakeholder snout (Word, 38 KS) obtained from workshops conducted in July and August. Also presented was Staff's Draft Concepts (Word. 235 KB) for Mandatory Commercial Recycling Regulation. July 20 and August 6, 2009, Northern and Southern California Agenda (Adobe PDF, $58 KB) I White Paper (Adobe PDF, 948 KB) All interested stakeholders were invited to Informal stakeholder workshops on Mandatory Commercial Recycling. Staff provided background information regarding this measure, Including rotated legislation, support projects, and the overall timagne at two initial workshops hosted in the summer of 2009. Discussion included input on a range of issues such as thresholds, exemptions, Implementation, enforcement, and costs. These are also described in the related "white paper" provided above, irlfollpw-up to thasa_workshops_, staff prepared and presented a, summary of the informal stakeholder comment _ received relative to staffs draft conceptual regulatory provisions at the September 9, 2009, Strategic Policy Development Committee meeting. At this meeting, staff was directed to use these conceptual regulatory provisions as the basis for draft regulatory language to be presented and discussed at the Strategic Policy Development Committee meeting in December 2009. Presentations July 20, 2009 Cal EPA Headquarters Building (available via broadcast) Sacramento, California Sacramento County's Commercial Recycling Program by Pat Quinn (Adobe PDF, 245 KB). For more information, go to the Sacramento County Business Recycling web page. Mandatory Commercial Recycling Home ............ ......... .......................... I ......................... .......... Last updated: October 29, 2011 Climate Change: htlpl/www calrecyde v/Climal Chang Conteg:C1jM31aChanQea,,I[@q2g[g.0.qov August 6, 2009 South Coast Air Quality Management District Diamond Bar, Cailfomia The City of Chula Vista's Commercial Recycling Ordinance by Lynn France (Adobe PDF,1 MB). For more information, referto the City of Chula Vista's Business Recycling Guidelines. Conditions of Use I Privacy Policy ®1995.2011 California Department of Resources Recycling and Recovery (CalRecycle). All rights reserved. PE http://www.calrecycle.ca.gov/ClimatefRerycling/Workshops/default.htm 11/17/2011 EXHIBIT E Chapter 2.206 DEFAULTED PROPERTY TAX REDUCTION PROGRAM 2.206.010 Findings and declarations. 2.206.020 Definitions. 2.206.030 Applicability. 2.206.040 Required solicitation and contract language. 2.206.050 Administration and compliance certification. 2.206.060 Exclusions/Exemptions. 2.206.070 Enforcement and remedies. 2.206.080 Severability. 2.206.010 Findings and declarations. The Board of Supervisors finds that significant revenues are lost each year as a result of taxpayers who fail to pay their tax obligations on time. The delinquencies impose an economic burden upon the County and its taxpayers. Therefore, the Board of Supervisors establishes the goal of ensuring that individuals and businesses that benefit financially from contracts with the County fulfill their property tax obligation. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor" shall mean any person, firm, corporation, partnership, or combination thereof, which submits a bid or proposal or enters into a contract or agreement with the County. B. "County" shall mean the county of Los Angeles or any public entities for which the Board of Supervisors is the governing body. C. "County Property Taxes" shall mean any property tax obligation on the County's secured or unsecured roll; except for tax obligations on the secured roll with respect to property held by a Contractor in a trust or fiduciary capacity or otherwise not beneficially owned by the Contractor. D. "Department" shall mean the County department, entity, or organization responsible for the solicitation and/or administration of the contract. E. "Default" shall mean any property tax obligation on the secured roll that has been deemed defaulted by operation of law pursuant to California Revenue and Taxation Code section 3436; or any property tax obligation on the unsecured roll that remains unpaid on the applicable delinquency date pursuant to California Revenue and Taxation Code section 2922; except for any property tax obligation dispute pending before the Assessment Appeals Board. 87 EXHIBIT E F. "Solicitation" shall mean the County's process to obtain bids or proposals for goods and services. G. "Treasurer -Tax Collector" shall mean the Treasurer and Tax Collector of the County of Los Angeles. (Ord, No. 2009-0026 § 1 (part), 2009.) 2.206.030 Applicability. This chapter shall apply to all solicitations issued 60 days after the effective date of the ordinance codified in this chapter. This chapter shall also apply to all new, renewed, extended, and/or amended contracts entered into 60 days after the effective date of the ordinance codified in this chapter. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.040 Required solicitation and contract language. All solicitations and all new, renewed, extended, and/or amended contracts shall contain language which: A. Requires any Contractor to keep County Property Taxes out of Default status at all times during the term of an awarded contract; B. Provides that the failure of the Contractor to comply with the provisions in this chapter may prevent the Contractor from being awarded a new contract and C. Provides that the failure of the Contractor to comply with the provisions in this chapter may constitute a material breach of an existing contract, and failure to cure the breach within 10 days of notice by the County by paying the outstanding County Property Tax or making payments in a manner agreed to and approved by the Treasurer -Tax Collector, may subject the contract to suspension and/or termination. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Administration and compliance certification. A. The Treasurer -Tax Collector shall be responsible for the administration of this chapter. The Treasurer -Tax Collector shall, with the assistance of the Chief Executive Officer, Director of Internal Services, and County Counsel, issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other departments. B. Contractor shall be required to certify, at the time of submitting any bid or proposal to the County, or entering into any new contract, or renewal, extension or amendment of an existing contract with the County, that it is in EXHIBIT E compliance with this chapter is not in Default on any County Property Taxes or is current in payments due under any approved payment arrangement (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Exclusions/Exemptions. A. This chapter shall not apply to the following contracts: 1. Chief Executive Office delegated authority agreements under $50,000; 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; 3. A purchase made through a state or federal contract; 4. A contract where state or federal monies are used to fund service related programs, including but not limited to voucher programs, foster care, or other social programs that provide immediate direct assistance; 5. Purchase orders under a master agreement, where the Contractor was certified at the time the master agreement was entered into and at any subsequent renewal, extension and/or amendment to the master agreement 6. Purchase orders issued by Internal Services Department under'$100,000 that is not the result of a competitive bidding process. 7. Program agreements that utilize Board of Supervisors' discretionary funds; 8. National contracts established for the purchase of equipment and supplies for and by the National Association of Counties, U.S. Communities Government Purchasing Alliance, or any similar related group purchasing organization; 9. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, reseller, and must match and inter -member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles Purchasing Policy and Procedures Manual, section P-3700 or a successor provision; 10. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, section 4.6.0 or a successor provision; 11. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section P-2810 or a successor 8 89 EXHIBIT E provision; 12. A non -agreement purchase worth a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section A-0300 or a successor provision; or 13. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual section P-0900 or a successor provision; 14. Other contracts for mission critical goods and/or services where the Board of Supervisors determines that an exemption is justified. B. Other laws. This chapter shall not be interpreted or applied to any Contractor in a manner inconsistent with the laws of the United States or California. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.070 Enforcement and remedies. A. The information furnished by each Contractor certifying that it is in compliance with this chapter shall be under penalty of perjury. B. No Contractor shall willfully and knowingly make a false statement certifying compliance with this chapter for the purpose of obtaining or retaining a County contract. C. For Contractor's violation of any provision of this chapter, the County department head responsible for administering the contract may do one or more of the following: 1. Recommend to the Board of Supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor, and/or, 3. Recommend to the Board of Supervisors that an exemption is justified pursuant to Section 2.206.060.A.14 of this chapter or payment deferral as provided pursuant to the California Revenue and Taxation Code. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.080 Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. No. 2009-0026 § 1 (part), 2009.) P:%aamblcoNTRACT1Edem S0UTH`NHITTIER SHUT(LE12Q1MFPT)1h EDefWft Tad= 90 raDepartment of the Treasury Internal Revenue Service Notice 1015 (Rev. December 2011) Have You Told Your Employees About the Earned Income Credit (EIC)? What Is the EIC? The EIC is a refundable tax credit for certain workers. Which Employees Must 1 Notify About the EIC? You must notify each employee who worked for you at any time during the year and from whom you did not withhold income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W-4, Employee's Withholding Allowance Certificate. Note. You are encouraged to notify each employee whose wages for 2011 are lass than $49,078 that he or she may be eligible for the EIC. How and When Must I Notify My Employees? You must give the employee one of the following: *The IRS Form W-2, Wage and Tax Statement, which has the required information about the EIC on the back of Copy B. e A substitute Form W-2 with the same EIC information on the book of the employee's copy that is on Copy B of the IRS Form W-2. e Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC). e Your written statement with the some wording as Notice 797. If you are required to give Form W-2 and do so on time, no further notice is necessary 11 the Form W-2 has the required information about the EIC on the back of the employee's copy. If a substitute Form W-2 Is given on time but does not have the required information, you must notify the employee within 1 week of the date the substitute Form W-2 is given. If Form W-2 is required but is not given on lime, you must give the employee Notice 797 or your written statement by the date Form W.2 is required to be given. If Forth W-2 is not required, you must notify the employee by February 7, 2012. S1 EXHIBIT F You must Hand the notice directly to the employee or send it by first-class mail to the employee's last known address. You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mall. However, you may want to post the notice to help inform all employees of the EIC. You can get coples of the notice from IRS.gov or by calling 1400-8293676. How Will My Employees Know If They Can Claim the EIC? The basic requirements are covered in Notice 797. For more detailed information, the employee needs to see Pub. 598, Earned income Credit (EIC), or the instructions for Form 1040,1040A, or 1040EZ. How Do My Employees Claim the EIC? Eligible employees claim the EIC on their 2011 tax return. Even employees who have no tax withheld from their pay or owe no lax can claim the EIC and get a refund, but they must lite a tax return to do so. For example, if an employee has no tax withheld in 2011 and owes no tax but is eligible for a credit of 5829, he or she must file a 2011 tax return to get the 5829 refund. Can My Employees Get Advance EIC Payments? After 2010, your employees can no longer gel advance payments of the credit in their pay during the year as they could in 2010 and earlier years, because the law changed. However, it they are eligible, they will still be able to claim the credit on their tax return. Form W-5, Earned Income Credit Advance Payment Certificate, is no longer in use. Nolke 1015 Iem. 12.20117 G1. M. 205991 ,a rSurendered , s °bre. i }i ;ten.:. � � f• i M � � - S6 -i —swag Apwnd pun uxplpc)p a->tm..J'u asp Al w19 dope VI p vtdde g,"] pry lays A11-11 Pnpvsl s 411- pam1J mn oil' •wrn-Ipy pun Ayt1..ry p.•wswotwd pu>)lm1 lnpvs Ag pvlwm 0. Alml 141-P''I'u.wd aJul:.un wow p'xiw.0 .+p v! ya.q 11rw lmr malJw.o s>gww>4t -,sq p1m+n >q. 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"WW a xrrda IMA u^apcd'nen t:alFmnq. .46 maavw Irmprvno JII A6 7 Jr nota ak 3aa5, r mecg4 un Kan,uctJn olm6hln r Ln eaGrmnreJA `- �^ I fud+K�hCad Nadiwl C<�wcc la rnujvr quc ikM d r:cicn IudJv d hupinl rc dio a nna.r mmn Iv do Jd hetet. y61n que Ir "tart L hah(a pd'Idn gar Ik++m el Weh! d hnnpiel cn w nomhrn I e mnapmn a LQY un b=ake mn un namev qr ctincidla m la ptdraa del 6644 eau Kniria mmo ide"i£e66n m o de gut li madce cambiara Jc upuiSn wn mpruu a Ir cntKb ,kl bcbJ y Jradirm murpmdu JrIa+Y drl prduJY.k 11 Jus rpY prnrm rxn Iel. Lm6ita k Jirnw, a L Ja un urr«rw,w,w mlluv, y ca. JiMv que b "rn.Iu arnarta y L wviada Jr n,rlu Jamm J,{ ,vbwmn /mvgran papjJn gu k hahhn dzdrr. P pm,al nK,l'an cunrifi al 1v,4,: y v dcsmimd quc nmlxi ylrrabL y a Nrni,n. I7 6d.' liw• dJrJn cm unu 6wv timiru que yv hrh6 J.k+ tlpn,l.eia IY,v aJr,pvu6 p. ri jllvrvun:nu. a frr.iao Ivry Nb:w v Famd;•• BOND FOR FAITHFUL PERFORMANCE Annually Renewable Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: That ("Principal") and firmly bound unto the State of California ("Obligee"), in the penal sum of Laia EXHIBIT H are held and ANGELES, dollars for the payment of which sum, the Principal and Surety bind themselves, and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract with, the Obligee entitled (Title) (the "Franchise Agreement") for the performance of the terns, conditions, covenant and obligations and services set forth in the Franchise Agreement, including but not limited to providing Franchise services in bins or dumpsters and rolloff boxes in the unincorporated areas of Los Angeles County and payment of the applicable franchise fee; and payment of any liquidated damages assessed pursuant to the Franchise Agreement; and WHEREAS, the Franchise Agreement is hereby referred to and made a part hereof as fully and to the same extent as If copied at length herein; NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every covenant and obligation in the Franchise Agreement at the time and in the manner specified in the Franchise Agreement during the term of this bond, and shall reimburse the Obligee for all loss and damage which the Obligee may sustain by reason of failure or default on the part of the Principal, then this obligation shall be void, otherwise it shall remain in full force and effect. PROVIDED, however that this bond is subject to the following conditions and provisions 1. This bond is for the term beginning In the event of default by the Principal in the performance of the Franchise Agreement during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to damages as described in Section 15 of the Franchise Agreement. The Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Obligee as soon as practicable after the amount is determined, and tender payments to the Obligee to secure substitute services, remedy damages incurred, and ensure satisfaction of all performance obligations as set forth in Section 15 of the Franchise Agreement and only for the purpose of enforcing such Franchise Agreement obligations as they pertain to this bond. and ending 2. 3. Except for a claim for compensatory damages as defined in Section 17, DA of the Franchise Agreement, no claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless it be brought or instituted and process served upon the Surety within two years after the expiration of the stated terms of this bond. 4. Neither non -renewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of non -renewal, shall itself constitute loss by the Obligee recoverable under this bond, notwithstanding any language in the Franchise Agreement to the contrary. 5. The bond may be extended for additional one-year terms at the option of the Surety, by Continuation Certificate executed by the Surety. Every extension must provide for continuing liability in the above amount notwithstanding any payment or recovery thereon. B. The liability of the Surety under this bond and all Continuation Certificates shall not be cumulative and under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7. No dght of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee and this bond cannot be assigned to any other party without the written consent of the Surety. 6. Other than the Surety's right to renew this bond to extend its termination date, the Surety stipulates and agrees that any change, extension of time, alteration or addition to the terms of the Contract, including alterations in the work to be done, or increase or decrease of the material to be furnished, shall not in any 96 1 EXHIBIT H way release either the Principal or Surety, and Surety hereby waives notice of any such change, extension of time, alteration or addition. 9. In the event that suit is brought against this bond, the Surety will pay, in addition to the penal sum herein, costs and reasonable expenses and fees, including reasonable attorney's fees, as awarded and fixed by the court. Signed and sealed this day of Principal Surety BY: (Seat) BY: Name and Title BY: Name and Title APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel BY: Deputy Attorney-in-fact 97 1 0 EXHIBIT 1 -FRANCHISEE DOCUMENTATION (PAGE 98 —157) 1. Form PW -1 Verification of Proposal 2. Form PW -3 Conflict of interest Certification 3. Form PW -5 Proposer's Equal Employment Opportunity Certification 4. Form PW -6 List of Subcontractors 5. Form PW -8 GAIN and GROW Employment Commitment 6. Form PW -10 Charitable Contributions Certifications, 7. Form PW -13 Defaulted Property Tax 8. Form PW -14 Recycling and Waste Diversion Plan 9. Form PW -15 Subscription Order Template 10. Form PW -16 Unpermitted Waste Screening Protocol 11. Form PW -17 Personnel Contact List 12. Form PW -18 Solid Waste Facilities 13. Form PW -19 Service Area Checklist 14, Form PW -20 Vehicle Information 15, Waste Collectors Permit 16.lnsurance Accord 17. Performance Bond FORM PW -1 VERIFICATION OF PROPOSAL DATE: January 31, YUIY THE UNDERSIGNED HEREBY DECLARES AS FOLLOWS: 1. THIS DECLARATION IS GIVEN IN SUPPORT OF A PROPOSAL FOR A CONTRACT WITH THE COUNTY OF LOS ANGELES. 2. NAME OF SERVICE: Non -Exclusive Commercial Franchise Services (2012-FA001) DECLARANT WFORMATION 3. NAME OF DECLARANT: Mr. Larry Metter 4.1 AM DULY VESTED WITH THE AUTHORITY TO MWEAND SIGN iNSTRUMENTS FOR AND ON BEHALF OF THE PROPOSERM. 5. MY TITLE CAPACITY, OR RELATIONWIR TO THE PROPOSENS) IS: Vice President PROPOSER INFORMATION 6,Proposes fail legal name: USA Waste of California lnc. TekptaneNo.: e18-252-3140 Address: 9081 Tujunqa Ave, Sun Valley CA 91352 Fax Na: 818-252-3249 a -mei Imettw@wm.com County WebVen No.: 370003 IRS Na 68-0306154 Business license No. NIA 7.Proposer'sflcWousbusinessname(s)adba(s)MaM: Waste Management(LAMetro Hauling, Blue Barrel Disposal&Compton County(s) of Reg6te6on: Les Angeles State: ce I Yaar(s) became DBA: 1995 S. The Pmoposses form of business entity is (CHECK ONLYONE): 0 Sole eta Name of Coparalor'spdndpelpeceafbusNass: California X Acmpaabon. State o1 irrearparetiore Delavrafa Year incorp 0d: 1985 0 Nonprofit corporation catfled under IRS 501(c) 3 and registered PmsWwVCEO: wththe CAAsaneyGeneral9Registry ofChwb*Trusts Secretaty. 0 Agen" partr ship: Norm ofparhxrs: 0 A limited partnership: Name of general partner. 0 Ajdniventured: NancesofpinvenWrers: 0 A limited liability company. Name of managing member. 9. The only Demons or firms interested inIhfspmpcsdasV11*sbare AneID Wng: C Ts' t CC C�1 G Cv4} ^" �61kz5231'0 Fs iiln'ZrjZ32'4 sti 4��l i � h rL w , �/u 1 t s. C-�k m GL 135 Z 9 mr PIM Fay sne A' sre tb 10.13wrrmwtatyama)aityowned by, orasubsldtayalwalerlirm70 No )4Yea 9yes, name ofparent firm: Waste Management Inc.. SatadflDXp0850f e{j6bat0f dparenl hln; Delaware 11. Hasyourfirm done business under my other narns(s) Aft the laetfive years? No n Yes If yes osse W the other name(s): Nis): Year of name charge: Name(s): Yea of name drape: 121syour krnnv*ed'nany pendigacquisition orff g<A(No 0 Yes ff yes, Indicate the assodalad companys name: 13. Proposer a*Idw edgesthal it any late, misleadng, noxMiate, or daoaVN* unrespo 0a sMtemants inconnection v4Ar Arts proposal are made, the proposal meyberelected. The evatuallon and detemihrabon In this am Shall beat Ate Dheclo's Bole and the DiteCioys tehet be Anal. a) I am melting Case rsPosartabons and al representation ocnlena l n INS proposal on my personal Snowlsdge: 14.CHECK ONE oR babel that they 0 tr I em malima Arese representaliorI3 all repewiallon osrhtathed'n this2roposell based on information and are he. Ideciaeunder per llyofparjuryunderthelawsofC ialhatistue %pal reofProposerorAuttorizedApt Date: January 31, 2012 Type reins and title: Mr. Larry MeAO U 1 99 of FORM PW -3 CONFLICT OF INTEREST CERTIFICATION ❑ so* owner general partner k❑,l managing member V,et ?VZA-dZA4- .y President, Secreta7, or other proper dtle) xdh�Mn>' -A- P•k make this ceffcdW in support of a proposal for a contract with the County of los Angles for ssrvtoes within the scope of Los Angeles County Code Section 2.190.010, which Provides as fotltrws: Contrasts psoddbtfsd. A. Notwithstanding any other section of tis code, the county shall not contrad with, and shell reject any OU or proposal subs t bR the Persons or entities apedhed bsiow, unless the board of suPery wm finds set speWsl circurrsto, wdsl which justify the approval of such eonuecL 1. Emp"m Of the county or of public agendas for wtiah the board of supervisors is Me govaning body; - 2. prdtt-making firma or business" in which emPioYsss deeanbed in aulsiMeion 1 d subsection A serve as officers, Principefs, Partners' or major shareholders; 3. parsons who. within the hnmedW* preceding 12 months, cams within the provisions of subdivision 1 of subsection A. and who: (a) Were am** in positions of substentied roaponsibiLty in the area of service to be performed by Me contact; o (b) pwtdpsfsd in any way in devlllq M the co m'act of its servbe specifications: and 4. Profit-making firms or businesses in which se former empbyeas described In subdivision 3 of subsection A, serve as officers, principals, Partners, or major shareholders. 1 hereby cer" I am irl"ad and believe that Personnel who dsvetoped "or participated in the preparation of this contract do not fag within scope of the Loa AngelesFurthermore,ty Code SgcWn 2.180.010 as ched above. Furthermore, that no County wnPbYas whose position in th,ecoCounty dependent of such employee is or shag be employed in any competing contract, and rto spouse mpg* by the Cont-ecbr herein. o hes or shat! have any direct or indbad finance! interest t sb contact umderstamd and agree that any takifiostion In this Certfiicets will be grounds for rejeddon of this proposal and cancelabon of any contract awarded Pursuant to, this PrapoasL I certify under panagy of perjury under the taws of Cagfomts Mat the foregoing is true and correct. Date �(141G ?al ?,DIZ Signed 100 CONFLICT OF INTEREST CERTIFICATION i Gt r Y 0'e kv- Of sob Owner ❑ general partner ❑ managing member \ f I trPresident, Soaetery, Or COW Proper 0%) Y (�th��n>'� Name FORDS PW -3 make lhle ostdIcabon in support of a proposat fora totted with"County of Los Angeft for" Mces wlthin the $cops of Los Angelos Counly Code Sacben 2.180.010, vAlc h provides ea hila ivs: Conteds proMblbd. A. Notwithstanding any other esoton of this 00", the county shell not coned with, and ehail rejed any bid or proposal subs tted by, a Persons mist which below. unless the board of supervisors finds that special rdr�m justilly? the approval of such contrecl 1. Employees of the county or of public sgenchee for which the board of supervisors is the goveming body, 2. Prsntanaking firms or businesses; in which anploYess, described in subdMsion i of subsection A serve es officers, Prindpeb, Psr"M or major shareholders: 3. Persona who. within the Immediately, ping 12 months, rams within the provlebns of subdNralon 1 of subsection A, and who: (a) Were employed in positions of���substantial responsfbllty in the area of Service to be performed by 010 (b) paAkipated in any way in devaloping the centred Of Its eeMce epectkatbns; and 4. Profit-making firms or businesses in which the former employees described In subdNision 3 of aubadion A serve as officers, prkhdpeb, partners, or mayor shNahofdera. I hereby certify I em nforned and beiieve tial Personnel who developed and/or participated in the preparation of this contract do not fab within scops Of the whom positionl nst a County enables hknlhnty Code � ontnfluenceft he ca of he Contrect. above or any that no County smpband or economic dependent of such employee is or shell be employed In any competing contact, and no spouse eepeety by the Contractor herein, or has or shall have any direct or Indirect financial interestbpropoeel and contract. I understand end agree that any falsification in this Certificate will be grounds for rejection of tA're cancellation of any contract awarded pursuant to this Prdposai. I canny under par ty of parJury under the lave of Csitomia that the foragoing Is true and correct. Oats =----- Signed 101 FORM PMFb PROPOSEITS EQUAL EMPLOYMENT OPPORTUNITY CEKnFICATION l� 111 W1 A& I `�W V9' I (5cc In accordance with Los Angeles County Code Section 4.32.010, the Proposer certifies and agrees holding companies are and will be that all persons employed by it, its afflllates, subsidiaries, or treated equally by the firm without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with an ardi•discrimination laws of the United States of America and the State of California. The proposer has a written policy statement prohibiting any discrirnination in YES all phases of employment. ❑ NO The proposer periodically conducts a self- analysis or utilization analysis of YES 2 its wofk force. ❑ NO The proposer has a system for determining If its employment practices are YES 3. discriminatory against protected groups. ❑ NO Where problem areas are identified in ampioyment practices, tire propos¢r YES to include 4. has a system for taking reasonable corrective action ❑ NO establishment of goals and timetables. 102 �6-v1t^'A. -311 Z04 FORM PW - LIST OF SUBCONTRACTORS Proposer la required to complete the follaNing. Any Subeontradors fisted must be property keneed under thews of the State of Callfornla for the type of servke that they ere to perform. AND THEIR LICENSE NUMBERS MUST BE LISTED HEREIN. FOUre to do so may result In delay of the award of contract. Do not list altemate subcontractors for Mrs same service. Proposer in providing the requested services will not utilize Subcontractors. Proposer wiA Perform all required services. Name Under Whkh SubcorRrador le Lfcermed License Number Address Specific Tact SDescrervice of Subcontract Service 103 FORM PW4 GAIN and GROW EMPLOYMENT COMMITMENT The undersigned: 0 has hired participants from the County's Department Of Social Services' Greater Avenue for Independence (GAIN) and General Relief Opportunity for Work (GROW) employment programs. OR deciares a willingness to consider GAIN and GROW participants for any future employment opening if participant(s) most the minimum qualification for that opening, and declares a willingness to provide employed GAIN and GROW participants access to proposes employee mentoring program(s), if available, to waist those individuals in obtaining permanent employment andfor promotional opportunities. Signature 7itie �Ce �re� dam" FirmDate y� LOt S- 104 CHARITABLE o -or- C FORM PW -10 CERTIFICATION ;k-�nC California Registry of Charitable Trusts 'Cr number (if applicable) The Nonprofit Integrity Act (613 1262, Chapter 919) added requirements to California's Supervision of Trustees and Fundraisers for Charitable Purposes Act which regulates those receiving and raising charitable contributions. CERTIFICATION Y�ES� NO Proposer or Contractor has examined its activities and determined that X) ( ) it does not now receive or raise charitable contributions regulated 7 under Calftmhes Supervision or Trustees and Fundraisers for Charitable Purposes ACL if Proposer engages In activitles subjecting it to those laws during the tern of a County contract, it wfil 8me1y comply with them and provide County a copy of its initial fregist�ble on With the California State Attorney Generars Registry Trusts when filed. OR Proposer or Contractor Is registered with the California Registry of ( )) Charitable Trusts under ttte CT number gated above d Is in under compliance with its registration and reporting requirements California law- Attached is a copy of its most recent fbv with the Registry of Charitable Trusts as required by Title 11 California Code of Regulations. sections 300.301 and Government Code sections 11258-555-12-5588. 2Dt "L Date 81 11 uro type 105 FORM PW -13 CERTIFICATION OF COMPLIANCE WITH THE COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM The Proposer certifies that XXit is famiier with the terns of the County of Los Angeles Defaulted Property Tax ` Reduction Program. Los Angeles County Code Chapter 2.208; AND To the best of its knowledge, after a reasonable Inquiry, the Propos srBiddedContraetor is not in default as that term is defined In Loa AnDsles County Code Section 2.206.020.E, on any Los Angeles County property tax obligation; AND The proposermidder/Contracor agrees to comply with the County's Defaulted Property Tax Reduction Program during the term of any awarded contract -OR- I am exempt from the County of Los Angeles Defaulted Property Tax Reduction program, pursuant to Los Angeles County Code Section 2.206.080, for the following reason: I dealers under ponetty of perjury under the laws of the Stets of Caftmis that the information stated above is Mme and corrua I Print Name: LO YA MGNV' I TAIe: y I CC- VYiC` 1 tnr4 I Signature: Date: yAx�tt tr '3� 2012 ME FORM ANI -14 RECYCt1NG AND WASTE DIVERSION PLAN One of the primary reaaors ft County Is ardaring Into the non-mttlueNO COMMOtda{ frandlin sgre Is to boreeae commafdai end mWt Wft renydhg Old to ea#let 1118 calrrdy b Its efforts to COmPIy with the State's recyclIkv mandates. The success of your Racycl" and DIwaslon Plan Is trey to achieving that goal. Propwars must have a County Approved PAM sting and tNaeta Diversion plan to be condeend rsspamatve. An kwomptede or unapproved Recyci ft wWWa to Dlverston Plan maybe cause for dtoqusHnearion of ProPoest. Attach addhxvi sheate Hneoess". LA M&rrl Cordsd Person Repraeartlrg} Company ' tC`� 10 CAOA-) Title: �}r,llor Vt3if le{qLT Pt..Nwnb,. E-mallAddress: yin rf% 6 JM : t TA Type of coeectimservicae that will be provided (check ad tlrettapply): ecomff ardal waste Collection lig Irdu*W waste Colladion f(MWtl4mity waste oolectbn dCoostruction arld Demolition waste rwlfection eR" Services 0 Other waste colodlon (plearo spedfy} 1. Do you plan on transporting Your commercial sold waft Own los Argeles Cormty anineorporated areas (CUA) m a Materiels Recovery Facility (MRF) wAfor trarsla*mCessing facility? Yea 0 No tj( 0 yea, how much A your CUA waste will you transport to e MRF? PsrCenbW % please provide name(#) of Material Recovery Facility and recovery rato(s)• A) MRF Recovery Rate % B) MRF Recovery Rete % 2. Do you amently Provide separate collection services for the fdbwkV? (Ch#dc all that apply) ® Recyclable materials ❑ Grow Waste ❑�//Manure 13 Food Waste O Bulky Items T,�thdversaf Waste vaecbonic Waste ❑ Othet Pmp r aro 107 FOM PW -14 3. Please complete the form balmy and protide details on all the recycling afiorK pmgrmas and procedures you Plan to Implement (check all that apply). Attach additional sheets If nsoamry. K you zmka ROLL -OFF A. Sha VlakwW Audit You must visit an custamera• evaluale whalher their existing laimio of refuse and recycling service Is appropriate, and promote and Irnplament mcyddg seMose whather or not cudomors am a 4ed to mandatory oonnwvW remVrw enta under stets herr. (See ATTAC 11AEM het to the commercial fiwKtdsa: C. SOLID WASTE AUDM ThefaOiowtrg peopiao#I!•andrrcatMvlails: n &ddbg doff within our company (recycng coadhdor) n asubcontractor n other: You w(P schedule site vWb In the kiloerhg mammy. neo * direct mall ❑ in person n otlwr n Mar Inkm a llon you would Ila to odd: B: Types of rarydhv contalasrs and skos oIIarvid b One orbic yard bin M Four arble yard bin O 320 gallon recycling cart O One and a half cubic yard bin d Rve cubic yard bin e6M gallon mcycAng cart ,00 cunt yard bin Ilf'o t cubic yard bin WSSM gwion recta g cert to Throe cubic yard bin ❑ Swan or more adds yard bbd n Other: n Food waste oxuahher Ondkals Was and sues afa so: D Mamn owdalner (Indicate hyper and vines o fersd): C: Recycling ax t h w =ftnina6wn procedure What percentage of conlarninallon WE prompt your %now -up actiorfi ❑ 1-9% ❑ 2x29% ❑ 40.99% E3 10.19% n 3D -U% O 60% or more Caraaminmion observed — First oxunerhw ❑ container collected w M no follow -cup aid on n ogler collected and notl6ed astomerwIth a warning n container not wtiected and tagged with non-colledion malice ❑ other Peasaer4 108 FORM PW -T4 Conterninstbn observed — Second ocmmwm ❑ oonteNx collected whh.no folloawp action ❑ eontaher collected and notified untonua with a warning ❑ container not collected and tagged with non-colleaton noom ❑ container not collected, tagged and aatomer contacted in person at phone wM sword wsming O cordshm collected and amtomer do for pa -up O cov, Iner cDIwb d astwner charged kr pick-up and recycling container m"mrad O oflser CorcmmhtWn observed —Third o=rrance ❑ container coitected with no toBor-up action ❑ cartadnmcollected arid, totGFadouetcmmwith awarning ❑ container not coarcted and tagged scat non-oo9edion notice ❑ asntairm not coeacted, tagged mW asetomer onnteded In person or phone wfh accord wan ung ❑ Co. W 0 coaencted and customer dsrped for pick,* O container colimb4 customer chard for 0*4ip and recycling oor Ww nrrtroved ❑ otlser ❑ We r0 natlty the County F wa ramm a any recycling om. nor ham a amtonrer due to mmol" owMWrebon, Uponrayuea6 D: Required recycling sfforte ❑ We understand and admoMedge that under the conxnerciat franchise ve rust use our beet chord to tmpeav rd meaeuee Intended to achieve source mdudbn, feayalhg and wasps sbam. diversion goals for solid waste we couci. O We understand and ado+rntadge that under the cormnarddat franchise we nest use our best agate to divert buf#y' Memo. eiectmnb wake, CEDo. menus and owatucdon mW dem Wm debts ham dbposal. E lydsrJratod lonN mania pncapmaW mad unkteaposated mesa) aflo%Wm methodology How do you verify a emvbe eddtesa to detain s B the wigkr haft wIft County utncorporated baandmiedf Servloe adds mm ee sorted and Jwtaftbons of odptn d0myninadons are mmda for each amtomer try. O our office staff manually marches customers' address uakg mapping sub me or Thomas guide 0 we miter each astorner's service address frdo a database, thmt Mar the data tlxarph an aufometad ,.apprng smlware that separates unkworpaated addresses from kscomc ated addrstreea ❑ other ❑ (1) add WgW m the aggregate dtepomt / mgdhg votnne (ymdsWns, gafaneJceAa) for all c stanma wkh service addieams In the unincorporated and Incorporated erect (2) mA* each JurfedktloWs tonnage by standard. avenge laeW to per arbtc ya*lwbn. (3) determine the percertage each Jurisdictional tonnage cornpdaas of the total rate tomege O other: FORM PW -14 4. Tonnaae and DMmalon Rete Summery Table S. Faeft Form and Tomtaae Table Total Collected Total 0lopoaed Total Divartod Dlvmmlob Rab Cumnt'faer lona brm tons % Nudy's r taw toren tone % prow S. Faeft Form and Tomtaae Table >, I hereby cwft that the trdonnatton In this Recycling and Waste DNmalon Plan @Mesion Flan) 4 coned and complete. I also understand then I may moffy thla DMeskl n.,Plan at a later date by subrnkft aajsuubsagtmnt�revvta m Name of parson signing form: �1 �I m, Title: r ` Signed Y e� 1 �iy� Dale -1112- Pop4 d4 a 110 ft a . • 4�®� sit.l� � -�`!.R•IeJ•��II=fes !. ea• ir.�Q�f'Ai. �©� !.. ■iblah>Ar i�(t >, I hereby cwft that the trdonnatton In this Recycling and Waste DNmalon Plan @Mesion Flan) 4 coned and complete. I also understand then I may moffy thla DMeskl n.,Plan at a later date by subrnkft aajsuubsagtmnt�revvta m Name of parson signing form: �1 �I m, Title: r ` Signed Y e� 1 �iy� Dale -1112- Pop4 d4 a 110 FORM PW -14 RECYCLING AND WASTE DIVERSION PLAN One of the primary reasons the County is entering Into the non-exclusive commercial franchise agreements Is to increase commercial and multi -family recydirrg and to assist the county in Its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Diversion Plan to be considered responsive. An Incomplete or unapproved Recycling and Waste Diversion Plan may be cause for disqualification of proposal. Attach additlonai sheets If necessary. General Company Information Company Name: Contact Penson Representing Company: Title: /s7 c7 Q, 22� Phone Number.1/6 E -mall Address:-y��+hhkSFr7(J/Y/ Tym Type of collection services that will be provided (check all that apply): fJ Commercial waste collection f1115 Wustrial waste collection OR/ U10 -family waste collection B/Consctionand Demolition waste cdiection oll-off Services ❑ Other waste collection (please spedy): Program Details Do you plan on transporting your commercial solid waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Facility (MRF) and/or transfer/processing fadllty? Yes l3 atNo O if yes, haw much of your CUA waste will you transportto a MRF? Percentage J q< Please provide name($) of Material Recovery Facility and recovery rate(s). A} rA57 IX,,/�/ / ✓ c2<ir. f _ MRF Recovery Rate 90 B)—�_�%D[<l tr /^5��✓ MRF Recovery Rate °h 2. Do you currently provide separate collection services for the following? (check all that apply) /Recyclable materials reenWaste ire 0Food Waste Milky Items universal waste lectranic Waste O Other. Page 104 ill FORM PW -14 3. Please complete the form below and provide details on all the recycling efforts, programs and procedures you plan to implement (check all that apply). Attach additional sheets If necessary. )�you =a dde ROLLOFF SERVICE exclusively. lease comolele ferns D and E oMv in this section A: Site Visit and Audit You must visit all customers, evaluate whether their e)iSting levels of refuse and recycling service Is appropriate, and promote and implement recycling Services whether or not customers are subject to mandatory commercial recycling requirements under state law. (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people will conduct site visits: ®(existing staff within our company (recycling coordinator) 0 a subcontractor O other: You will schedule site vWs in the following manner. :lophone ;vel mail in person ❑ other. ❑ Other information you would like to add: 0: Types of recycling containers and sizes offered 7a cubic yard bin z, Four cubic yard bin e and a half cubic yard bin O F' a orbic yard bin Cl Two cubic yard bin /Six cubic yard bin tiIThree cubic yard bin D Seven or more cubic yard bin 03,2—/35 gallon recycling cart t8' gallon recycling cart t95 gallon recycling cart O Other. QFood waste container (Indicate types and sizes offered): t3"Manure container (Indieato types and sees offered): _ /�z — Lu6,c ✓a a/ 32���//on %'o�Tc C: Recycling container contamination procedure What percentage of contamination will prompt your follow up action? ❑ 1-9% 020-29% O 4049% 10-19% 1330-39% ❑ 50% or more Contamination observed — First occurrence ❑ container collected with no follow-up action container collected and notified customer with a warning 0 container not collected and tagged with non -collection notice D other: PaP2*f4 11'2 FORM PWA 4 Contamination observed — Second occurrence ❑ container colleded with no follow-up action ❑ container collected and notified customer with a warning O container not collected and tagged with non -collection notice ¢ container not collected, tagged and customer contacted in person or phone with second warning O container collected and customer charged for pick-up ❑ container collected, customer charged for pick-up and recycling container removed ❑ other. Contamination observed—Third occurrence ❑ container collected with no foBrnv-up action ❑ container collected and notified customer with a warning • container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning Xcontainer collected and customer daryed for pick-up ❑ container collected, customer charged for pick-up and recycling container removed 0 other. We will notify the County if we remove any recyding container from a customer due to excessive cordamhration, upon request. D: Required recycling efforts eft understand and acknowledge that under the commercial franchise we must use our host efforts to implement measures Intended to achieve source reduction, recycling and waste stream diversion goats for solid waste we coiled. grWa understand and acknowledge that under the eommere-W franchise we must use our hest efforts to divert bulky items, electronic waste. CEOs, manure and construction and demo8tion debris from disposal. E Intedurisdictional routes (incorporated and unincorporated areas) allocation methodology How do you vertfy a service address to determine If the origin falls within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin detenrrinations are made for each customer by: 'Your office staff manually searches customers' address using mapphig software or Thomas guide 0 we enter each customer's serv)ce address into a database, then filter the data through an automated mapping software that separates unincorporated addresses from Incorporated addresses ❑ other How do you catcrdate the incorporated/uninoo mrated percentage allocations? �( (1) add together the aggregate disposal / recycling capacity -service volume (yardstbins, gakont:/carts) for all customers with service addresses in the unincorporated and Incorporated areas (2) multiply each Jurisdkdion's tonnage by standard, average weights per cubic yard/gallon. (3) determine the percentage each Jurisdictional tonnage comprises of the total route tonnage in other PO"tM1 113 FORM PW -14 4. Tonnage and Diversion Rate Summary Table S. Facility Form andTonnageTable Total Collected Total Disposed Total Diverted Diversion Rato CuurentYear 10 ? cO tons %00 tons '700 tons � •`a % NextYear /O, Oov torn 9P Z) tons Soo tons % ProJeeled S. Facility Form andTonnageTable Certification I hereby certify that the information in this Recycling and Waste Diversion Plan (Diversion Plan) Is coned and complete. I also understand that 1 may modify this Diversion Plan at a later date by submi" a subsequenl revision. Name of person signing f�ofr'm�✓�/Au_,_„tz (4)4667?1 Title: �srrn,T l�10?QCT Signed fer�+��C Date: �i PaBe4 of4 114 I PER r.! .AIM ®M IMu--�- Certification I hereby certify that the information in this Recycling and Waste Diversion Plan (Diversion Plan) Is coned and complete. I also understand that 1 may modify this Diversion Plan at a later date by submi" a subsequenl revision. Name of person signing f�ofr'm�✓�/Au_,_„tz (4)4667?1 Title: �srrn,T l�10?QCT Signed fer�+��C Date: �i PaBe4 of4 114 FORM PW44 RE -CYCLING AND WASTE DIVERSION PLAN One of the ptlmmy reasons the CourrY lH entoring Into the Mn-Oxe" aommerAW hMChleo agreements Is to kwwse commercial and mu*4w y recycling and W assist the count In Its efforts to amply wM the t3We recycling mandates. The success d your Recyding and Diversion Plan Is key to achlsving that 9081. Prefwsen most hW& a County Approved ReaydIng anal WspOa Dlaeralon Pian to be conaldared respomM. An incomplete or unapproved ftcydtng and Warm Diveremn Plan may be mm for "quaf "fl0a Of Proposal. Attach addlBorml shaft R necessary. Company Name: Contact Person Represerr9rrg Canparry: `�` `i.C�1Ctc� \if m Title �e�ttoi ]Jt�klcC ZLMW Ph"Number 0310) 8(oq - Sl 30 E-ms2Addre%: m rim QWrn.CAm Type of Milacdon serv{ws that wul be provided (c heck all that sp di ommarda) wawa conection 1Dalndu*W waste c08epbn W�MaMHftnBy waste colladlon Vomstrtxtfan and Demolition waste oolladlorr eftlwff Servioes 13 Other waste coeectlon Wesse specify): 1. Do you plan on traneportng your corm wcW eotid waste from Los Angales County unincorporated areae (CUA) to a W dale Rea every FecAtly (MRF) and/or bandartprowasing fertaHt/t Yes {ox if yes, how much of your CUA wasle will you trenapoct to a M F? Percentage % pwm prame nema(o) of Malarial Recovery Faciilty end rearvery raWs). A) B) MRF Recovery Rate % .MRFRacoveryRate % 2. Do you cunwV provide separate collection servIces for the fdlowt vg? (Check at that apply) VRecydable materiels 0 Green Waste O Manure C3 Bulky Rema 4TUnNersal Waste 6t(Eleotrwic Waste PM 1014 115 O Food Waste ❑ Other. FOR16 PIN -114 3. Please oomPlote the form below and Provide duralb an all the najd6ng afkorta, KWmm and Procedures you plan tis Imps (check all that apply). A4adt adddional ahaek l namasary. k you or wida gOLLdtFP A. Sits Vials snd Audit You namt vial 80 ouatOmm, eMMb whWw their adgbp levels of mkme and nwyc fng sm%ks to sppmprfete, and Wmiote and I services whether or not amtornam as WNW to mond" comma slat AUDITSg mqukemerds under $1810, ba, (ties ATfACHMMT H to ftcommercial handdss: C. SOLID WASTE The fnlowbg People will conduct die vledla: d awn ow"in our oorn mW (meW&q d a rotor d other: You will admedule she visits to the fdb*" mw mer. d telephone d drect mal d in parson O oidmw: E3 Othw kaamauon you would Me to add: — ®: Typ*o of noyelirg contdnwa and atria albred • O One cubic yard bin Four aNcyad Birt d 32M gallon mgdbg cat d One and a hall m to yard bin Cl Five cubte yard bin Rf 8418li gallon mcya&tg oars lrT we cubic yard bin leSk mft yard bin AM gallon recycling cwt OrThnse cubic yard bin d Saven or arae cubic yam bin d Other: O Food w2e6e mftinW (Indlaft types and alts ofiaed): 0 Msnum contakmer (Indicate Was and atces offered): C: RseydbV eontakw cont on proeedtas What patcertIga of contamination will prompt your fotbsmup adfon? 014)% d 20 2M d 404696 010-10% O 303696 d 50% or mws Contaminalon obeavad—Fimf oocrrmlice d confakw collected wth no folow-up actin d cordalner collected and no9fied a*mwvml am 17 owietner not collected and ta{ged wffh roe-crn E3 other P 0 conwher collected with no foibvrup adbm C3 oorteitsr aolledad and notified customer wtih a wemkrp 0 cantakum not cottedW and taggedwIlh no -cOsMan noftos 0 finer not collected, tagged and cuetomo wntw d In person or bouts with second warring 0 cordafner ooRested and mom charged for pddaup 0 omWw edtected, astmmrdWOadfor ptdhup WWreya&np Conbekre removed 0 othw Contaminetion observed —Third ooaarands 0 rardnk err eo@ade d with no follow-up eMon 0 orrdefnar caftted and rwG7lad amtomar with a weming 0 owrfalner not collected and tagged with ran-ooflection notke • oontWw rat coilscled, tagged and umnorew conbded In parson or phone with second warning 0 contairm cogected and araomner dmrgad for pick -W 0 container cob.dad, owslomer drarged for pick-up whd ray ng catstnw removed (3 otmn 0 We wB mW the County if vee reahove any or AWw from a antorner due to ew ems m owdaNrredon, upon mquer- 0: RequbW racpft efforts 0 We understand and adsrosdedge that under the oarrurrerdal *=hlas we rmst use our freg efforts to in;*mx nt meesrsas intended to adim source.reduction, recydkp and waste sbaw diveraton goals for solid wast we Wkd o We underafand and adawnfadge Drat under the consnardai frwuiilse we must use our beet efforts to dNMt b04 tsrr s, e}edrork watts. CEDE. mantes and c m - i,adlon mid damoftn debris from dimposaL E fined routes (bworpomted end urdnoorporohd areas) rdk cgdw uw&odolM Hon do you verify a service address to determine ti the aigkh felts wM* County urdnowporoted boardefea7 swhm addresses ala sorted and junadftlone of origin ddwminsalors are made for each customer by: o our ofltce stedf mems* acerates audomers' addr= uekhp meppkrp aotlware or Thormas guide o we erten each ounco mlr's serNce address Into a cidebass, own tine' the data through an mAornated mapping softmm that separates reincorporated addresses from kaorpara6sd addresses 0 other How do you calculate the kroorpoaledhoVnomporated parcenhaga aitocas"? ❑ (t) add togethor the aggregate disposal / mgding eapadty-servka volume (yardwUn% 9dcn5lcarta) for ati axwmem with serdca addremes In the wwaorporated and irxorporatet areae (2) multiply each )udsdktior's tonnage by atarrdard, average weighs per cudc yandfgaflon. (3) ds mbm the peremrtega each JurfadkBonsi tonnage ooff tsea of the tubi routs tomhage O other: r r 1lrasr. ar • 117 FORM PW -14 1. IOiU1EIje WN Wvw Mwr r �.• r Tota) Cotketsd Tote) DWpaoed TOW Diverted ONeroton Rate CurrmRYoor Ione mm tons NardYear , 1 tuns Projected 8. Fa ft Form and Tonnap)T" CM1RIcatbn I hereby catty that the InIOMBtbn In this Racydbla and Waste Ohlmaton Pten (Dhsmbn Pian) is ootf*d d =Ml Ste I atao underatand that I may modify thic Diversion PW at a later data by eubmhdrtp 99 Wbs$*Mt reviake. �� Nan) d pamon slgnIng form: i yt �• '� 1�1 Yh-- TAte: Y� t I Slpnad Peae4d4 118 MMFT�- I��� Ts.�errr���rasli® > • -�� yes:. CM1RIcatbn I hereby catty that the InIOMBtbn In this Racydbla and Waste Ohlmaton Pten (Dhsmbn Pian) is ootf*d d =Ml Ste I atao underatand that I may modify thic Diversion PW at a later data by eubmhdrtp 99 Wbs$*Mt reviake. �� Nan) d pamon slgnIng form: i yt �• '� 1�1 Yh-- TAte: Y� t I Slpnad Peae4d4 118 FORM PW -15 SUBSCRIPTION ORDER TEMPLATE REQUIRED DISTRIBUTION Prior to commencing service, you must give each of your customers a subscription order At least once each year, you must give each of your customers a summary of the general form of the subscription order and directions on how to obtain a complete copy of a custome(s specific order. (You may include the summary together with other correspondence to your customers, such as customer outreach and educational materials. See the franchise agreement.) REQUIRED CONTENT Your form of subscription order must contain the following information: (1) The scope of services, including size and number of containers, subscription date, and set -out site; "set -out site" means the Place agreed to between waste hauler and its customers to collect MSW under County Code § 20,72. 100. (2) Customer service charges, which may be in the form of a general fee schedule, clearly marked to indicate all fees (including bin delivery, bin pick-up, bin locks, additional pick-ups, etc.) that are specifically applicable to the customer; (3) Office hours, toll-free customer service telephone number, email address, and any website; (4) Disclosure that the customers subscription is subject to your being a party to the non-exclusive commercial franchise agreement, and the subscription must be terminated if the franchise is terminated; (5) County telephone number that the customer may call after contacting waste hauler if the customers service complaint is not satisfactorily resolved; (6) Any other Information (in any format) requested by County. I acknowledge that the attached template will be used to prepare our subscription order form. Name of person signing form: �S Signed _ Date:yl ZoIZ FRANCHISEE NAME FORM PW -15 TRASH and RECYCLABLES Collection Services in BinslDumpsters CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer. The County of Los Angeles Board of Supervisors (County) awarded FRANCHISEE NAME a franchise to provide trash collection and recycling services in bins and rolloff boxes for residential, multi -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019, FRANCHISEE NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement. its term is 7 years, unless you terminate service by (1) giving us 90 days notice without any cause if you are not delinquent in paying us any service charges (2) giving us 14 days notice, If we fail to provide service (such as missing pickup or failing to timely repair or replace carts)or we bill you incorrectly or (3) the franchise expires or is terminated by the County. We cannot automatically renew or extend your subscription without your consent. If you want to extend it, you must ask us. We will provide a written final notice (postmarked at least 14 days in advance) N we are to suspend or terminate your service. The final notice will include an explanation for the suspension or termination aM information on how to resolve your issue and restart service, BIN SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we "1[ charge you (on or after July 1, 2012), marked below. We will bill you (MONTHLY I QUARTERL-Y?l: COLLECTION FR UENCY f WEEK BIN SIZE t 2 3, 4, 1 5. 6. 1 7. (List Bin Sizes and Standard Service Rates: Drat you offer, and mark customer's.] ADDITIONAL STANDARD SERVICE All Customers: • Recycling Containers —1 cubic yard capacity or 2 96 -gallon carts FREE Addltional or larger containers and capacity provided at HALF the trash rate Residential and Multi -Family Customers ONLY: • FREE Holiday Tree Collection Services • Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties. We will provide one of the following service options upon your request: (1) Five pickups of bulky items (limit of five Nems per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not in any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendent of a multifamily residence and schedule the annual cleanup even. DISCOUNT SERVICES.[LisIt ariy discount serylces and rates that you provide:] ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: [LIST] Manure Collection $ I week etc. Temporary Bin Rentals and Temporary Roll -Off Services To reauest additional services, ask quesfrons or express concerns, please call out customer service department, CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHONE NUMBER and EMAIL,ADDRES8 120 FRANCHISEE NAME FORM PW -15 Bin Rental and Roll -Off Services CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer. The County of Los Angeles Board of Supervisors (County) awarded FRANCHISEE NAME a franchise to provide refuse collection and recycling services in bins and roll -off boxes for residential, multi -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019. FRANCHISEE NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement You may terminate service by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts) or we bill you incorrectly or the franchise expires or is terminated by the County. BIN AND ROLL OFF CONTAINER SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below, for service. We will bili you BIN SIZE COLLECTION FRE UENCY t WEEK 1, 21 3. 1 4. 5. 6. 7. —[ListBin Sizes,and Standard Service:Rates that ou offer, and mark customer's; ROL AFF SIZE COLLECTION FRED ENCY t WEEK 1. 2. 1 3. 1 4. 1 5. 6. Ist Bin:Sizes and Standard'Service Rates, that you offer, ane mark customer's. (Your efforts to reduce waste, recycle and buy products made from recycled content are integral components of a sustainable society, and we thank you for your efforts,) DISCOUNT SERVICESJUst any discount services and rates that you provide.] ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: (LIST] Manure Collection $ I week e Tem ora Bin Rentals and Tem ora Rol{ -Off Services To request additional services, ask questions or express concerns, please call of CUSTOMER SERVICE Monday thru Friday S am to 5 pm at PH! EMAIL ADDRESS. 121 FORM PW -16 UNPERMITTED WAS'T'E SCREENING PROTOCOL You may not rotted any unperm Hted waste that you observe, unless you are legally licensed to do so. (In general "unpermltted waste• is maEerial Drat you cannot dispose of in a dam 2 landfill.) Describe your Unpermitted Waste Screening Protocol (check all that apply) in effect or to be implemented as required under the franchise agreement. The Protocol becomes part of the franchise agreement. Attach additional sheets if necessary. (1) Ongoing employee training In IdentiScation, safety and notlficatlon procedures, Including leaving non - collection tags, when safe; a'/UI drivers, route Personnel and now hires receive training and attend eataly meetings we conduct safety meetings Ul weeldy ❑ monthly 0 quarterly ❑ annually ❑ other Vd We tratn drivats in both iderttificetion and notification Procedures when they dhMver unpermitted waste o We Instruct drivers who discover unpennri6ed waste to complete a non -collection notice, Place one copy on the container (whenever safe) and file the second copy at the office of/The noncc16c6on notice includes an explanation of the violation and the proper means to dispose of the unperrnitted waste ❑ Other procedures (Please sPecify) (2) Means of driver inspection, such as visual Inspection during tipping of bins or other containers bHo vehlclas; Drivers inspect containerusing .e by us. ®'camera systems flrssite mirrors Efmanual inspection of container ❑ other (9) Immediate driver response, such cue toed segregation; Cl We train all drivers to segregate unpenmitted waste upon identification eDrfvers will leave unpennitled waste at the service address and a attedn a non -collection notice to the container Ei Other procedures (please specify) (4) Driver no88cation, such as catling the waste hauler's dispatcher or field supervisor; If the driver identified urrpermttied waste, he or she notifies: Cl route supervisor dispatch ❑ customer service department ❑ other f Pial 122 FORK! PW -16 (6) NotlHcation of appropriate local agency or department ❑ Customer service monitors and records unperrntW waste violations identified by drivers or other field personnel Wf flaw pereonnat ki&n* hazardous waste, they will Immediately no*: the County fire dapartment and the apPropdate imal agency, who will remove It. and • the county. n _ A I Cd' ether procedures (Please aPacfiY) 1—lE tO Sj �N tt tJOnp _ b Cmr� 2opPaaJ-e a.ti o��c> s. (6) Appropriate with l a such cu in gregatl on and contalnerWdlon for manft$dng and transport for disposal in a�ceordenee wltlt isw or securing services of parmit6ad handling and transport eanpeny; m- If a driver identifies unpermbW Waste, he or she calls and mtiflas the route supervisor, and aPPI" Proper containment procedures. ❑ All collected unpem tted waste is properly containerized, removed. and harrePorted by a Ike rrsed contractor in accordance with applicable law ❑ Other procedures (please ePedht) (7) Compliance with Catltemta stele and federal taws, Including regulations of the federal MPatbTdmt of Transportation (DDT) (Title 49 CFR) and of the United States Environmental Protection Agency (Title 40 //CFR); 'We win comwith all Local, State and Federal WWII, induding compliance standards under DePwb art of reply Transportotb (DOT) (TNe 49 CFR) and the United State Environmental Protection Agency Title 40 CFR, as well as with Calrfomia EPA and DTSC regulations ❑ Other procedures (Please speafy) (6) Development and Imptamentatlon of a customer sdueaticnsl Program to maximize exclusion of /unpermt ted waste from disposal and to promote safe handling Of UnP9rmltted Waste. Gr Within 3 months after the franchise date, we vn11 aBach conspicwua labels on each bin w-4 roll -off box . The labels win prohibit discarding unpermitted waste, Including illustrative examPlas 'a Winvelopand discard ofimplementto matdmize safe handing and penrdtted waste, including information and materials. ❑ Other program detatls (please spedfy) Name of parson 819n ft 1011: �..siw.rrri ii■►r 123 Title: V - Date: FORM f'W19 SERVICE AREAS CHECKLIST Please identify each unincorporated community you currently provide service to %v#h a 'C' and iderrtlty each unincorporated community which you plan to provide service to with a'P' (check all that apply). See attached maps for reference H you provide ,"We throughout ME of the unincorporated areas please check here A, If you plan to provide service throughout in of the unincorporated areas please check here �q(� 41C r��ui eavl�'rti R � L\ /14 �hiLYtibt�c� FORM PW -17.1 R PERMIT ECT PLEPERSONNEL CONTACT LIST FOR ASE USE ADDITIONAL FORMS FOR EACHTWASOTELCOLO CTOR PERMIT i SUED !� Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use addllional pages if required. You must give County notice of changes in the Personnel Coonan an Contact t at nge30 days prior to the changes (if practicable), and no later than 30 days 9 y cha Owner OFFICE PHONE: \ CELL PHONE: — —� FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: President i FULL NA ADDRESS: iVCLC,CL 'L�— `tk OFFICE PHONE: t - CELLPHONE: FAX: I� -ZrJL- 3Z� EMAIL: L, vN'X &i w ( 01 - C'I YEARS OF EXPERIENCE: ;EMA1 1'TITLE: Operations �(. v� L (C'r�C+ A ✓� KFAX:--�-n iic-1E•CL IlNE: - 2! jZ-'� NE:E: �o'l�o 'Zlr"Z - �41P�' E:�' Z Z 1>-2`�.1�, •- L: '(Y GU1 !i tivl , ((y VI I -rz�FSC I YEARS OF EXPERIENCE: Page I of 2 125 Y"V1 ;E: l'1 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Route Supervisor FULL NAME: CL(4v1cr1 W" C. Z ADDRESS:(? fL OFFICE PHONE, jr CELL PHONE' t.1) C - 2G -I - � FAX: ; Ji D - V-2 - Cif% EMAIL: L Yy1t441GZ YEARS OF EXPERIENCE: TITLE: Accountanvbook keeper who calculates and submits franchise fee to County. FULL NAME: \ f F2v' �1� 7i 6� 7(-A,- ADDRESS: C1 Cf,�, I I Lt-latk �`-' { OFFICE P�-NONE: �1jC� ' 2-�J2 - CELL PHONE: r FAX: 45\45 ZLJZ' ��Z3� EMAIL: V1'Y) at et- 7�- CD 17v1 l YEARS OF EXPERIENCE: f l•�'%`II lt1 �� Title: Name of person s Wing form: (I Signed , wh(j 6.� Datew� �2' Pape 2 of 2 126 L� FORM PW -18,1 SOLID WASTE FACILITIES FOR PERMIT # PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collectplants, MRFs,lncorporated areas composting facilities, the County, such as: Transfer processing stations, landfills, waste -to -energy p conversion facilities and recycling brokers ( companies (including e -waste). Attach additional sheets If necessary. CATEGORY REFUSE Materials accepted: Name of Facility; L� Address: ✓��'� FACILITY MATERIALS TAKEN TO .��CwtC<SCt' ;2iSj c. - 2lil - V-i�vy Materials rejected: {'jil /�4' CA h. "•r 4 ' -- - Solid waste o Tha exact net �.Tfie solid o On a monthly used far ��.cc,, Routes are pre- materials are Might of the waste collected basis, the facility Metthotlology allocating materials or determining jurisdiction mgislerad based an the route number, weighed at the materiel collected is certified scales allocated to the is then unloaded on the floor and will reconcile each load with of origin of its waste Including percentage before entering ) allocation, end urisdiction(s) from which the material prepared for weigh) records and allocations stream, 9 disposed residue. iufisdotion of origin. the facility. was collected from. processing. was collected from. Check all that appy. /�/}� Facility:� 1 Name of ��itl ,�, f�y fr`�"-� C REFUSE Address: gza��C��VI� yr (if applicable) Materials accepted: Materials rejected: Methodology used for aliocatirg melena"' m detemu_ng jurisdd aian of origin of its waste stream, inouding disposed residue. Check oll that apply. RECYCLABLE$ Materials accepted: Materials rejected: c Routes are pre- o Solid waste registered based on materials are the route number, weighed at the percentage certified scales allocation, and before entering jurisdiction of origin, the facility. Name of Facility: Address: 2-1I E`k L� o The exact net o A waste o On a monthly characterization is Methodology used for conducted to allocaling mateda"s or allocate each type of determining jurisdiction recovered and of origin of its waste including recycled material stream, and all process residue by weight. Checkedreat ap Check all that aPPfY• . o The exact net I o On a monthly weight of the c The solid waste basis, the facility material collected iscollected is will reconcile each allocated to the unloaded on the load with weight lurisdiction(s) from floor and prepared records and which the material for processing. allocations was collected from. o The materials are 127 then delivered to o Each vehicle is the processing area weighed at the where all materials certified scales are sorted and and a tore weigh) processed for is captured. optimum diversion. 127 o All residue o Each -outbound materials are commodity weight tracked based upon is collected and the waste reconciled with the characterization waste and allocated to the characterization appropriate for the facility. jurisdiction FORM PW -18.1 SOLID WASTE FACILITIES FOR PERMIT # 'ti ` PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRFS, composting facilities, conversion facilities and recycling brokers f companies (including e -waste). Attach additional sheets if necessary. I CATEGORY REFUSE Materials accepted: Materials rejected: Methodology 'or allocagng matetialc o deternlr0ng judadlalon of origin of Its waste stream, includng disposed residue. Check all that apply. REFUSE (it applicable) Materials accepted: Materials rejected; Methodology used for allocating materials Or determining jurisdiction of origin of its waste stream, including disposed residue. Check all that apply. RECYCIABLES Materials accepted: Materials rejected: FACILITY MATERIALS TAKEN TO Name of Faculty'. u��,�7i,c, I Address: 16 t l , 6j . �'� I 1lL ( Ave) 6iJS c Routes are pre- registered based on the route number, percentage allocation, and Jurisdiction of odgin. Methodology used for allocating materials or determining Jurisdiction of origin of Its waste stream, inducing disposed residue. Check all that apply. Name of Facility Address: D Routes are pre- registered based on the route number• percentage allocation, and lunsdicttoo of origin. Name of Facility: Address: -70 ❑ A waste characterization is conducted to allocate each type of recovered and recycled material and all process residue by weight. o Solid waste o The exact net ❑ The solid ❑ on a monthly materials are weight of the waste collected basis, the facility weighed at the material collected is is then unloaded will reconcife certified scales allocated to the on the floor and each load with before entering jurisdictions) from prepared for weight records the facility. which the material processing. and allocations was collected from. ❑ Solid waste ❑The exact net weight of the i o on a monthly ❑The solid waste basis, the facility materials are weighed at the material collected is collected is then will reconcile each certified scales allocated to the )urisdlction(s) from unloaded on the load with weight floor and prepared records and before entering the fatuity, which the material for processing. allocations wait collected from. processed for is captured. optimum diversion. J. �� 4✓tA' fC� .Av(c I e Le c The materials are 128 o Each outbound commodity welghl is collected and reconciled with the waste charactedzalion for the fadlity. ❑ Ail residue materials are tracked based upon the waste characterization and allocated to the appropriate Jurisdiction Then delivered to o Each vehicle- s the processing area weighed at the where all materials certified scales are sorted and and a tare weight processed for is captured. optimum diversion. 128 o Each outbound commodity welghl is collected and reconciled with the waste charactedzalion for the fadlity. ❑ Ail residue materials are tracked based upon the waste characterization and allocated to the appropriate Jurisdiction Name of Facility: Cf�1�1�1 ���f^ RECYCLABLES Address: a t Crj 7�i (If applicable) Materials accepted: Materials rejected: Name of Facility: WASTE Address: L\ Materials r Materials o A waste o Each vehicle is Methodology used for charederization will weighed at the allocating matedals or provide for the cartfied scales delermlNng Jurisdiction of allocation of each and a tare weight origin at its waste stream, and all materials by is captured. Including disposed residue. weight. Check all that apply. Name of Facility: WASTE Address: L\ Materials r Materials Name of Facility: BULKY Address: ITEMS Matedals accepted: Materials rejactedt Methodology used for t3 Green waste o The green Methodology used far materials will be e allocating materials or collected and hauled from the determining jurisdiction of transported in the buck drreUlyto origin of its waste stream, incIudmg disposed residue. same manner as the facility. Check all that apply. solid waste. Name of Facility: BULKY Address: ITEMS Matedals accepted: Materials rejactedt Methodology used for nThe facility will allocating materials or record all bulky Items determining Jurisdiction of delivered and origin of its waste stream, recovered. including disposed residue. characterization Check all that apply. _ o The malerials are then delivered to the processing ares where all materials are sorted and processed for optimum diversion. o Each load of green waste delivered will be allocated based upon tare weights on tons delivered. o The facility will report all materials based upon the jurisdiction of generation. Name of Facility: t ELECTRONIC Address!1^!Y WASTE Materials accepled: Mated als, rejected: 129 o The facility will use the green waste as Alternative Daily Cover (ADC) program. o PJf materials recovered are allocated based upon weight and jurisdiction of generation. n All residue o Each outbound materials are commodity weight tracked based Is collected and upon the waste reconciled with the characterization waste and allocated to characterization the appropriate for the facility. Jurisdiction o The facility will use the green waste as Alternative Daily Cover (ADC) program. o PJf materials recovered are allocated based upon weight and jurisdiction of generation. Name of f ecil'ny: � n - 7 RECYCLABLESAddress: (if appllcebl9) Materials accepted: Materials rejected: I Name of Facility: GREEN Address: WASTE Materials accepted: Materials rejected: o A waste o Each vehicle is Mettodobgy used for cherecteraation will weighed at the allocating materials or provide for the certified scales determining jurisdiction of allocation of each and a tare weight cut In of its waste stream, and all materials by is captured. Including disposed residue. weight. Check all that apply. I Name of Facility: GREEN Address: WASTE Materials accepted: Materials rejected: Name of Facility: BULKY Address: ITEMS Materials accepted Materiels rejected Methodobgy used for o Green waste o The green Methodology used for materials will be waste will be allocating materials or collected and hauled from the determining jurisdiction of transported in the truck directly to origin of Its waste stream, Including disposed residue. carne manners$ the facility. Check all that aPPIY• solid waste. Name of Facility: BULKY Address: ITEMS Materials accepted Materiels rejected Methodobgy used for o The facility will allocating materials or record all bulky Items delemining jurisdiction of delivered and ortgin of its waste stream, recovered. Including disposed residue. and allocated to Check all that apply. the appropriate Name of Facility: ELECTRONIC I Address: WASTE Malerials accepted: Materials rejected: ,The materials are then delivered to the processing area where all materials are sorted and processed for optimum diversion. o Each load of green waste delivered will be allocated based upon tare weights on tons delivered. o The facilitywill report all materials based upon the junsdiction Of generation. 130 L o Each outbound c All residue materials are commodity weight backed based is collected and upon the waste reconciled with the charectedzatlon waste and allocated to characterization the appropriate for the facility. jurisdiction n The facility will use the green waste as Alternative Dally Cover (ADC) program. o All materials recovered are allocated based upon weight and jurisdiction of generation. Methodology used for o All materials recovered under this allocating materials or o Xi electronic weight are Weighted and allocated per commodity program are recorded and reported detennming lurisdlGion G type and weight, back to us and the stele of origin d Its waste stream, California Including dished residue. Check all that a I . Nameof Facility: CONSTRUCTION2 , AND Address: "JZ� n�CCv1Lt%�Li T. C �'o wli DEMOLITION DEBRIS Materials accepted Materials rejected: Mattadaogy used for o The facility will o All materials recovered are allocating materials a record all C8D o The facility writ report all materials basad allocated based upon weight and determining jurisdiction of delivered and upon the judsdiction of generation. jurisdiction of generation. origin of lis waste s"Orl, recovered. i, l„Aine dlsoosed residue. Name of Facility. FOODI Address: WASTE Matterfais accepted: Materials refected: Methodology used for o The facility will Ali materials recovered are allocating materials a record all food waste o The facility will report all materials based allocated based upon weight and tletenNrwnD jun of delivered and upon the jurisdiction of generation. Jurisdiction of generation. origin of Its waste stream, recovered. inrludino disoceed residue. OTHER Name of Facility: (please specify) Address: Materials accepted: Materials refected: Methodology used for allocating materials or detarnining jurisdiction of origin of its waste stream. including disposed residue. - Jame of person signing form: Title: n PAGE 3 OF 3 13T methodology used for o Ali maledals recovered under this allocating materielslectronic weight are weighted and allocated per commodity program are recorded and reported determining jurisdicnd weight. back to us and the Stale of origin of Its waste sCalifornia Including disposed res Check all that a ^'� Name of Facility: `�G�.'titi ` �" ��- �J I v C'�'1 �t'C___. CONSTRU CTION AND Address: Lll i^��711G �✓��� lC�> DEMOLITION DEBRIS Materials accepted: facility will Materials rejected: all food waste Methodology used for o The facility will allocating materials a record all C&D detem iuing jurisdiction or delivered and origin or Its Waste stream, recovered. ww.em disocsed residue. Name of Facility: FOODI Address: WASTE Materials accepted: Materials rejected: Methodology used faLdellyered facility will allocating materials od all food waste determining jadedidion o and origin of its Waste etiamered. Including disposed residue. Check all that apply OTHER (please specify) Materials accepted: Materials relsded: Methodology used for slimating materials or delanaring jurisdiction of origin d its Waste stream. indudmg disposed residua Name of Facility: Address: Jame of person signing form: iigned a The fatuity will report all materials based upon thejurisdiclion of generation - 0 The facility will report all materials based upon the jurisdiction of generation. Date: PAGE 3 OF 3 !32 Title: o Ail materials recovered are allocated based upon weight and jurisdiction of generation. o All materials reoovered are allocated based upon weight and Jurisdiction of generation. PW -20. Cokectlori Vehicle information Form PW -20 included with this proposal, lists vehicles currently in operation for the proposed service areas. We have purchased and will Implement 59 new LNG/CNG collection vehicles throughout the County of Los Angeles prior to the commencement date of the proposed franchise agreement. As a result, more than s0% of the fleet servicing the Unincorporated Area will be alternative fuel (CNG/LNG) by July 1, 2012. We will provide an updated vehicle list detailing proof of conversion upon commencement of the agreement and on an annual basis as part of contractual annual reporting requirements. County of Los Angeles - February 2012 133 --- VEHICLE INFORMATION FOR PERMITN �,c l 4 FORM PW -20.1 PLEASE US ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Promptly up date the following Information as you replaced listed vehicles MAINTENANCE YARD or other storage location (whereyoupark vehicles /either,ovErnight or when not in use) '1 City: Street address: (_ VEHICLE INVENTORY LIST (Each vehicle that you will use in the unincorporatedarea 17 The additional copieslif needed')rt and discharge solid waste nty including primary and back up vehicles. ('*please h you must place on each vehicle Name of person signing fo signature: Date: FORM PWATA PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # (^- -1 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give County notice of changes in the Personnel Contact List at least 30 days prior to the changes (if practicable), and no later than 30 days following any change. Owner OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE_ TITLE: General FULL NAME: " ADDRESS: OFFICE PHONE:Cj kV -- 1),v? CELL PHONE: (�' 1C,- --2-U'•2 FAX: EMAIL YEARS OF EXPERIENCE: Z� TITLE; President FULLNA— ME: L%-Aj ADDRESS: Cjte: OFFICE PHONE';,'M L`7G CELL PHONE: FAX <�1�- EMAIL: L+Y\ O "r -v^ 0 YEARS OF EXPERIENCE: �[ {Z• v" TITLE: Operations Manager FULL NAME: \I Av ADDRESS: \C1-1�' OFFICE HONE:CELLPHONE:FAX: B(rD— EMAIL: t't'\� 111't r� YEARS OF EXPERIENCE: 135 Pete 1 of 2 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT #2�3� PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Recycling Coordinator FULL NAME: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Route FULL NAME: ADDRESS: CELLPHONE: 'illO -� FAX: '-'z61 C EMAIL: YEARS OF EXPERIENCE: C —i L�',W . C C."" 1 ?51 TITLE: Acoouatantlbook keeper who calculates and submits franchise fee to County. FULLNAME; ,/,'L^+?+e- ADDRESS; (U� i l TLtxtit"�� e l �1 lLE �l L- 7k C� 13�jZ OFFICEPHONE: 1Y- CELL PHONE: S, FAX: l�; EMAIL' YY1 LL�2 7tvl ty 1,.1 11 r t YEARS OF EXPERIENCE: I 1 Name of person st Hing form: Signed n1� IZ Date: page 2 or 2 136 SOLID WASTE FACILITIES FOR PERMIT # ✓ FORM PW -18.1 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -lo -energy plants, MRFs, composting facilities, Conversion facilities and recycling brokers I companies (ncluding e -waste). Attach additional sheets if necessary. CATEGORY REFUSE Materials accepted: Materials rejected: MaBwdoiogy used for albomting materials or determining Jurisdiction of origin of Its waste stream, including disposed residue. chedk all that aPPIV• REFUSE (if applicable) Materials accepted: Materials rejected: Methodology used for allocating materials or determining jurisdiction of origin of Its waste stream, including disposed residue. check all that apply. RECYCLABLES Materials accepted: Materials rejected: Methodology used for alfoating materials or determining jurisdiclion Of origin of Its Vfdsle stream. Including disposed residue. Check all that apply. FACILITY MATERIALS TAKEN TO Name of eY.clillTrGC,�� F Address: 3ZI '1 '1')c��C•t��LC.•• C�4 IiV.J� �'7i..e(V7� Tnlnnhnna 1, 1" L 1-7 c Routes are pre, o Solid waste registered based on materials are the route number, weighed at the percentage certified sales allocation, and before entering jurisdiction of origin. the facility. Name of Facility: Address: o Routes are pre- registered based on the route number, percanlage allocation , and jurisdiction of origin. o Solid waste materials are weighed at the certified sales before entering the facility. D The exact net weight of the material collected is allocated to the jurisdictions) from which the material was collected from. o The exact net weight of the material collected Is allocated to the jurisdiction(s) from which the malarial was collected from. Name of Facility: zlmmlw h* 1' Address: Z�r 17(iZ •L �'K'er o A waste characterization Is conduced to allocate each type of recovered and recycled material and all process residue by weight. o The solid waste collected is then unloaded on the floor and prepared for processing. o The solid waste collected is then unloaded on the floor and prepared for processing. o On a monthly basis, the facility will reconde each load with weight records and alloabons o On a monthly basis, the facility wilt reconcile each load with weight records and allocations o The materials are 137 o Each outbound oommodityweight is collected and reconciled with the waste characterization for the facility. c All residue materials are tracked based upon the waste characterization and allocated to the appropriate jurisdiction than delivered to o Each vehicle is the processing area weighed at the where sit materials certified sales are sorted and and a tare weight processed for Is captured. optimum diversion. 137 o Each outbound oommodityweight is collected and reconciled with the waste characterization for the facility. c All residue materials are tracked based upon the waste characterization and allocated to the appropriate jurisdiction 138 Name of Facillty: °GYYI( r`�4 -).f7 tt RECYCLABLES Address: Z (if applicable) Telephone. Materials accepted: Materials rejected: a The materials are o Each outbound a Awaste o Each vehicle is than delivered to commodity weight o All residue materials are Methodology used for allocating materials or charecierization will provide for the weighed at the the processing area is collected and tl eeaiea where all materials reconciled with the tracked based upon the wade determining jurisdiction of origin of Its waste stream, allocation of each and a and a tare weight are sorted and waste and all materials by is rocessed for ha characterization and allocated to Including disposed residue. Check ail that apply. captured. weight, o characterization optimum diversion. for the facility. theappropriate Jurisdiction vL, Named Facllily: b,<"o rin- 't &- h 61L, GREEN GREEN Address: '- z�:1C I SCL, �(j { h�t� 7l • 1�t WASTE j>' -I 4 1 l 1 - Tele one: Materials accepted: Materials rejected; Methodology used for ❑ Each load of c The facility will o Green waste a The green green waste will be waste will be 9 use the green allocating materials or determining jurisdiction of materials derttvered will be waste as collected and hauled from the allocated based Alternative Daily d'aectiyto origin of Its waste stream, Including disposed residue. transported In the truck upon tare weights Cover (ADC) same manner as the facility. on tons delivered. program. Check all that apply. solid waste, Name of Facility: BULKY Address: ITEMS Tela hone: Materials accepted: Materials rejected: Methodology used for o The facility will o All materials recovered are allocating materials or record all bulky items a The facility will report ail materials based allocated based upon weight and determining jurisdiction of delivered and upon the Jurisdiction Of generation. jurisdiction of generation. origin of its waste stream, recovered, including disposed residue. Check all that apply. Name of FacilRy: ELECTRONIC Address: -�I �ylv1CL4sZ65 S�' l•�u�- -y I�A , F4 WASTE WASTE C f- •�'�� LCA Telephone: Materials accepted: Materials rejected: oel^c � Ac i 138 Methodology used for o All materials recovered under this allocating materials or o All electronic weight are weighted and allocated per commodity program are recorded and reported determining Jurisdiction of type and weight. back to us and the State of origin of Its waste Interim, California including disposed residua Check all that a Name of Facility: C!ANDTION Address: ;2, 'Tj v1C6` DEMOLITION DEBRIS ? Materials accepted: Materials rejected: Motiwdology used for a The facility will c All materials recovered are anocatm9 materiels or record all C&D ❑ The facility will report all materials based allocated based upon weight and determining Jurisdiction of delivered and upon the jurisdiction of generation. jurisdiction of generation. origin of its waste stream, recovered. Including disposed residue. Name of Facility: FOODI Address: WASTE Materials accepted: Materials rejected: Methodology used for o The facility will allocating materials or record all food waste determining JudsQWdim of delivered and origin of Its waste stream, recovered. inNdlne disposed residue. Name of Facility: OTHER (Please specify) Address: Materials accepted: Materials rejected: Methodology used for allocating materials or determInIng Jurisdiction of origin of its waste stream, Including disposed residue. ❑ All materials recovered are o The facility will report all materials based allocated based upon weight and upon the jurlsdiCtion of generation. jurisdiction of generation. k,�•L�y�{zx 31�t ILA 6,swc-- Title: V'l.rrll1. ,�.lfkt dame of per n signing�foorm'* ` iigned S h41'Zk�I X� Date:_ �' t� . ( 2— PAGE PAGE 3 OF 3 139 K/a—aye^ Ptd -20. Collection VehicCe 1.0ormation Form PW -20 included with this proposal, lists vehicles currently in operation for the proposed service areas. We have purchased and will implement 59 new LNG/CNG collection vehicles throughout the County of Los Angeles prior to the commencement date of the proposed franchise agreement. As a result, more than 50% of the fleet servicing the Unincorporated Area will be alternative fuel (CNG/LNG) by July 1, 2012. We will provide an updated vehicle list detailing proof of conversion upon commencement of the agreement and on an annual basis as part of contractual annual reporting requirements. County of Los Angeles -February 2012 140 VEHICLE INFORMATION FOR PERMITO 72� •> 1 FORM PW -20.1 PLEASE US ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED promptly up date the following information as You replaced listed vehicles MAINTENANCE YARD or other storage location (where you park vehicles either ovEmight or when not in use) Streetaddress: transport and dis6fiarge solid waste) VEHICLE INVENTORY LIST (Each vehicle that you will use in the unincorporated area of the county to colleR, 1. including primary and back up vehicles. (""please make additional copies if needed") County will issue you this number of decals wich you must place on each vehicle Make I (Front,rear I Year I (CNG, Diesel I (Tons) CNG Jy.O CNG 39.6 CNG 39.6 rmr 39.6 Off 1 2000 ( CNG 27 VehideldentiFicaCron I Vehicle License No. percentage vehicle will servicing within n.arnd rnunty areas 75.00% Title: t_��l �i�:� (�;Yj�(,(1 �'l �.Vl(� 1'►��,t'L%�✓. Name of person signing form:4` Date: signature: .,lw X- FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # �n'C1 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give County notice of changes in the Personnel Contact List at least 30 days prior to the changes (if practicable), and no later than 30 days following any change. E LY 6v1� CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: General Manager rQ(iZv FULL NAME: 'Dv,1S tn� ADDRESS: 41 [elf '16 ✓y ' OFFICE PHONE: jss- ZC 2=3N H1 CELLPHONE: Li LOO Fax(-- EMAIL: 0F1 YEARS OF EXPERIENCE: ZCj e TITLE: President FULL NAME: O' lc*ltam�' ADDRESS: OFFICE > J 2C32- 751++` CELLPHONE: FAX: 7- EMAIL: h -\acv -4:: YEARS OF EXPERIENCE: TITLE: Operations Manager FULL NAME: ADDRESS: 'Z j 1� z �j vir � 'b -r K- C�at .5 .� 0 OFFICE PHONE: �71PI 7J rJ- 21P� CELL PHONE: 0)'CJ . C FAX: EMAIL: YEARS OF EXPERIENCE: 'z(_ Page 1 or 2 142 FORM PWA7.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT l f� PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE; Customer Service Supervisor FULL NAME; ADDRESS: OFFICE PHONE: ' 'Z j CELLPHONE: (SZLr FAX: Lf2.LC- - 4S12+,- 1"" C) EMAIL: { 1ti�1e(Y2'iit. �� vYF1 Cbz t YEARS OF EXPERIENCE: TITLE: Recycling Coordinator FULL NAME: OFFICE PHONE: CELL PHONE: FAX EMAIL: YEARS OF EXPERIENCE: TITLE: Route Supervisor FULL NAME: ADDRESS: ., a'aLi C2, . 13�j OFFICE PHONE: CELLPHONE: - L11�3 Z31 FAX: LpVi-_,,5cl-(,P-1LrLe EMAIL: v L,ti11 •('r'tit� — YEARS OF EXPERIENCE: C5 R countantlbook keeper who calculates aidanchise fee to County.ME: j -L 1'h )LL1ZS: C10rb l I � ti4� u /WCyiLt(C� (��. th�zHONE: �(�-ZSZ- �l��ZONE:k4s 2C�Z-3231h'Mt ll Z �` (ch1OF EXPERIENCE: 4 Name of person signing form: OlLC���LdFf�t��T�tC'z- Signed f Date: Page 2 of 2 443 SOLID WASTE FACILITIES FOR PERMIT # l '�f t FORM PW -18.1 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRFs, composting facilities, conversion facilities and recycling brokers/ companies (including e -waste). Attach additional sheets if necessary. CATEGORY REFUSE Materials accepted: Materials rejected: Methodology used for allocating materials or determining jurisdiction Of origin of Its waste stream, including disposed resldu8. Check all that apply. REFUSE (if applicabto) Materials accepted: Materials rejected: Methodology used for allocating materials or detenninng jurisdiction of origin of its waste stream. Inducting disposed residue. Check all that apply. RECYC(„ABLES s Materials accepted Materials rejected: FACILITY MATERIALS TAKEN TO Name of Facility. �ZL (�11� grit �(1ffKu1C'?1 Address: lf° Let 5-7 h ", -...-- 11 .. o Routes are pre- o Solid waste �hfl exact net c The solid weight of the o a monthly basis, the facility registered based on materials are the route number, weighed at the waste collected material collected is is then unloaded the will reconcile load with percentage certified stales and before entering allocated to on the floor and jurisdiction(s) from prepared for each weight records allocation, jurisdiction of origin, the facility. which the material processing. was collected from. and allocations NameofFacility. f�(}'Ijl'C+l' �'. '(,�J1�\11�..� % IvCj �]t L, lrU (ri''atvxr . �E-.th Z..tc,).> Address: processed for waste Lel—'�z3--'�DV is captured. one: characterization the facility. appropriate for jurisdiction es are pre- o Solid waste F o The exact net ❑ The solid waste o on a monthly basis, the facility red based on materials are wei ed at thete number, 9h matweiehiial colacted is collected is then allocated to the unloaded on the will reconcile each bad with weight tage certified scales ton, and before entering n jurisdiclion(s) from goon and prepared which the material for processing. records and allocations ction origin. the facility. was collected from. Methodology used for allocating materials or determining jurisdiction of origin of its writs stream, Including disposed residue. Check all that apply. Name of Facility 47�01t vk Aill. ?6ipr� Zbck — A / �___fff�.yj !r't CL��'S'�7. I13:>Z Address: ti 7ZZ r�-r,,ts%'- Vi Tel Is, � I<k' -( Le -7 4clgf az-�- (, ECS C - ' c o A waste characterization is conducted to allocate each type of recovered and recycled material and all process residue by weight. 144 c The materials are then delivered to o Each outbound o All residue materials are o Each vehicle is t1e processing area commoditywaight tracked based upon weighed at the where all materials is collected and the waste certified scales are sorted and reconciled with the charaderizatton and a tare weight processed for waste and allocated to the is captured. optimum diversion. characterization the facility. appropriate for jurisdiction 144 RECYCLABLE$ (if applicable) Materials accepted: Materials rejected: Name of Facility: '7L-Jold (�.'/��yT �1`%^L eA. Address: (C y raI e none: � ✓J "' LP "I"L3ln Iket7Cu'l.•�a-" W �� o Each outbound o All residue materials are commodity weight o The materials are Is collected and o Awaste o Each vehicle Is then delivered to Methodology used for characledzatbn Will weighed at the the processing area allocating materials Of provitla for the carbfled scales where all materials determining jurisdiction of allocation of each and a tare weight are sorted and origin of Its waste stream. and all materials by is captured. processed for Including disposed residue. weight. optimum diversion. Check all that apply. for o Each outbound o All residue materials are commodity weight tracked based Is collected and upon the waste reconciled with its characterization waste and allocated to characterization the appropriate for the facility. jurisdiction Name of Facility: BULKYI Address: ITEMS Materials accepted Materials rejected Medtodokrgy used for Nameof Facility: � t silo brig materials or record all bulky items GREEN Address: '� ( �t ,, � r�(�1 ' �`r vly_ ^��L� ' WASTE Induding disposed residue. l'1 13Q1 Tele hone: A'V ` �.✓1t.Dt��' Materials accepted: - Materials rejected: i t L7"L G4' IG' L'i� for ❑ The roan o Green waste 9 o Each load of green waste o The facility will use the green Methodology used allocating materials or m materials will be waste WHI be collected and hauled from the delivered will be allocated based waste as Alternaliva Daily terials of determining origin of its waste stream.transported In the truckdirecby to as the tacility. upon tare weights delivered. Cover (ADC) including disposed residue. same manner solid we ste. on Ions program. Check all that apply Name of Facility: BULKYI Address: ITEMS Materials accepted Materials rejected Medtodokrgy used for oThe facility will silo brig materials or record all bulky items detenNn)ng jurisdiction of delivered and origin of its waste stream. recovered. Induding disposed residue. Check ail that apply. ELECTRONIC WASTE Materials accepted: Materials rejected: o All materials recovered are o The facility will report all materials based allocated based upon eight and upon the jurisdiction of generation. jurisdiction 9e Name ofFadllty: �.-- C'�`VL Address: IZ-�t .a� In....( 145 Methodology used for asocating materials or determining judsdidlon of origin of Its waste stream, incuding disposed residue. o All electronic welgFt are weighted and allocated per commodity type and weight. o All materials recovered under this program are recorded and reported back to us and the State of California Check all that apply. Name of Facility: CONSTRUCTION AND Address: DEMOLITION DEBRIS Telephone: Materials accepted: Materials rejected: Methodology used for allocating materials or detemgring jurisdiction of origin or its waste stream, including disposed residue. ❑ The facility wig record all C&D delivered and recovared. ❑ The facility will report all materials based upon the jurisdiction of generation. o All materials recovered are allocated based upon weight and jurisdiction of generation. Check all that apply. Name of Facility: FOOD Address. WASTE Tele hone: Materials accepted: Materials rejected: Methodology used for allocating matedeis a detemdning jurisdiction of o The facility will record all food waste delivered and o The facility will report all materials based upon the judsdlcgon of generation. o All materials recovered are allocated based upon weight and jurisdiction of generation. origin of its waste stream, Inducing disposed nisdue. recovered. Check all thatapply, OTHER Name of Facility: (please specify) Address: Tele hong: Materials accepted: Materials rejected•. Methodology used for allocating materials Or determining jurisdiction of origin of its waste stream, Including disposed residue. Jame of person signin "form: 0L l7—( Title:3igned Date CY1 YI(= Cl K(7 j7 k'c? v PAGE 3 OF 3 146 C G`` PW -20. Collection '.feh#ole Information Form PW -20 included with this proposal, lists vehicles currently in operation for the proposed service areas. We have purchased and will Implement 59 new LNG/CNG collection vehicles throughout the County of Los Angeles prior to the commencement date of the proposed franchise agreement. As a result, more than 50% of the fleet servicing the Unincorporated Area will be alternative fuel (CNG/LNG) by July 1, 2012. We will provide an updated vehicle list detailing proof of conversion upon commencement of the agreement and on an annual basis as part of contractual annual reporting requirements. County of Los Angeles • February 2012 147 WWI VEHICLE INFORMATION FOR PERMIT# '/ " " 1 ,� FORM PW -20.1 PLEASE US ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED promptly up date the following information as you replaced listed vehicles MAINTENANCE YARD or other storage location (where you park vehicleseRher ovErnight or when not in use) Street address: �YW1;t C<—A City: cn � VEHICLE INVENTORY UST (Each vehicle that you will use in the unincorporated area of the county to collect, transport and discharge solid waste) including primary and back up vehicles. ("please make additional copies if needed") County wili issue you this number of decals with you must Place on each vehicle ( Date: signature: n i i141�(7 COUNTY OF LOS ANGELES Department of Public Health - Solid Waste Program Waste Collector Permit Under Provisions of County OrdinanceTitle 20 COMPANY ID # SO474 20-12 .� AL _ PERMIT FEE $3:292.00 VEHICLES PERNUTTED 66- - DATE OF ISSUE 12/292011 EXPIRATION DATE 121312012 WASTE MANAGEMENT-COMPTON 407 E. EL SEGUNDO BLVD COMPTON, CA 90222 C[iIEF,SOL W TE PROGRAM d- � i i COUNTY OF LOS ANGELES Department of Public Health - Solid Waste Program Waste Collector Permit Under Provisions of County OrdinanceTitle 20 COMPANY ID # SO474 20-12 .� AL _ PERMIT FEE $3:292.00 VEHICLES PERNUTTED 66- - DATE OF ISSUE 12/292011 EXPIRATION DATE 121312012 WASTE MANAGEMENT-COMPTON 407 E. EL SEGUNDO BLVD COMPTON, CA 90222 C[iIEF,SOL W TE PROGRAM d- � 71) M "OF 7�, f��L®r SAJ UM"Usliso trnaht'of Public Health Sold Waste Program CONWAMP'IiP 9 S0093 $2 ,,346.00 TM 20 4N31/2012 ST FRMW)GRA LG G o ' CERTIFICATE OF LIABILITY INSURANCE V0013 n TH15 CERTIFlCATE 15 ISSUED AS A (RATT,eLyER OF INFORtMRON ONLY AND CONFERS NO RIDHTS /FON 'AGTHE CERTIFICATE HOLDER TM5 BEMI"ICAWB Does CERTINOT FlCATEFOF I1h9UiW10E DOESANOCYONSTITLITE%A CONTRACT BETWEEN THE ISSUING INSUERER(51Ery?AEUTHDN2ED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; V me ceHlRceb IroWet k an ADDITIONAL INSURED, the poDry0.) Mutt W undarsod. N SUBRDOATION 15 WAIVED, --N-t W IM IDma and cmn, as d Ne policy, coHEln pollclee may eoqulA an enoonwneat A stear enl on title caNRaEle does not conw rights to tM eaH fitate holder In lieu of such 41110MnHmlq. A n B A A A pMY AWNUTO AUT8E ED HIRED AUTOS Y I y'HDGG26456bE0 y— -T- NU fROM92853 I U12912 I U12913 NOT A��CCPqq{{PLICABLTIflaol E t7 71 WLR 6774735 NIA y SWLRCFC46� � 1/12012 1/117K y y XTR H08692965 1/112012 11043667 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS C/O JESUS CASTILLO 90D SOUTH CA 9MS03 AVENUE SMGIE LDAT SMOUW My OF THE ABOVE DEBCRIBEO POLICR9 EECANCEtLID BEFORE THE t, A -rr H WE TNEREOF, NOTICE PALL DE DELIVERED M ACWRWNCE Vn HTHE POU PROVIeONE. ®1983.20TD AC01 The ACORD name and logo an r?glotsred marks of ACORD 152 Bond No LPM9D74394 EXHIBIT H BOND FOR FAITHFUL PERFORMANCE Annually Renewable Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: That USAW3 este of Caefomia Irig, 1970 East 2131h StIVS1. are held and 90810 for the Payment of - which sum, dollars FS Principal and Surety bind themselves, and each of their heirs, administrators. executors, successors an th assigns, jointly and severalty, firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee entitled ITltie) Non•FxGusive Commercial Solid Waste Collection Franchise Agreement for the Unincorporated Areas to the Cgundi of Los Angeles. (the "Franchise Agreement", or the performance of the terms. conditions, covenants and obligations and services n bins or set forth in the Franchise Agreement, including but not limited to providing Franchise of the rapplicabie dumpsters and roil -off boxes in the unincorpo2ted areas of Los Angeles County and payment franchise fee; and payment of any liquidated damages assessed pursuant to Ute Franchise Agreement; and WHEREAS, the Franchise Agreement Is hereby referred to and made a Part hereof as fully and to the same extent as k copied at length herein; NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that If the Principal shall well manner spaced in the Franchise Agreement duringrthe term of this bondhiand shall reimburse the In t Dbtigeeforall this obi gation sghal be vo de otherrwise k shall �ema n retail force and effect fault on Ute part of the Principal, then PROVIDED, however that this bond is subject to Ura following conditions and provisions: the term mmrn012 and ending cnnnnl�_. 1. This band Is for the term beginning - 2 in the this bond, the Surety she I be liable he Principal onl yforr the le pe oss o the Obliges due tordamages uas described in mptn Section 15 of the amount orswlitch k may be liable rto the Obligee aty, after s sloop as on piractic practicable after with itheramount is e to secure substitute services, remedy damages incur ed and ensure satisfaction off all Performans to the ce obligations as set forth in Section 15 of the Franchise Agreement and only or the purpose of enforcing such Franchise Agreement obligations as they pertain to this bond. ages as defined in Section 17, of the! Franchise Agreement, 3 nExcept for a o claim, actionclaim , suit or p for roc, ingexcepdamr t as hereinafter set forth, shall belhad at maintained against the Surely on this instrument unless it be brought or Instituted and process served upon the Surety within two years after the expiration of the stated terms of this bond. of the Principal to file a replacement bond in 4. Neither non -renewal by the Surety, nor the failure or inability shelf Itself constitute loss by the Obligee recoverable under this bond, the event at non -renewal, notwithstanding any language in the Franchise Agreement to the contrary. 5. The bond may be extended or additional one-year terms at the option of the Surety, by Continuation Certificate executed by the Surety. ond and yxentinuation Certificates shall not be cumulative and B The liabilitof the Sunyadrthis undcircumstances nSurety's liability the peal sum stated 7. No right of action shall accrue on this bond to or for the use of any person,entitty or corpcor oratiof the Surety. other than the Obllgee and this bond cannot be assigned to any other party withoutthis bond to extend its termination date, the Surety stipulates and S. Other than the Surety's right to renew me, alteration or addition to the terms of the Contract, Including agrees that any change, extension of tbe akerefions In the work to be done, or increase or decrease he bmawaives noticemofhany ssuch change way release either the Principal or Surety, and Surely Y extension of time, alteration or addition. 153 EXHIBIT H 9. In the event that suit is brought against this bond, the Surety Will pay, In addition to the penal sum herein, costs and reasonable expenses and fees, Including reasonable attorney's fees, as awarded and fixed by the court. Signed and sealed this 7th day of June 12012 BY: ✓�%� (Seal) Stephanie Wiggins Attorney4n- •act Name a Title BY: Theresa Gardner Witness -as WPrincioal Name and Title APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel ice—, . 2 15A Of CERTIFICATE OF ACKNOWLEDGEMENT OF PRINCIPAL Stale of TEXAS County of HARRISI On this Lday of June, 2471 before me personally appeared SleohanlftWiccins , to me personally known, who being by me duly swom did say that he/she is the Atlomey-In-Fact of USA Waste of California Inc. and that the seal affixed to said Instrument is the corporate seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation and that he/she acknowledged the instrument to he the free act and deed of said corporation. Given under my hand and seal of office this 7'" day of June, 2012. r SEAL=SMy10SWBn WLLL MAootaryPublic in and for 1WI The State of TEXAS poBys-?otb MyCommlaslonexplres: 814 Ot Aon Risk Services Southwest, Inc, dba Aon Risk Insurance Services Southwest, Inc. CA License 0559715 CERTIFICATE OF ACKNOWLEDGMENT OF SURETY Slate of TEXAS County of HARRIS Before me, the undersigned authority, on this day personally appeared Jennifer Copeland, known to me to be the person whose name is subscribed to the foregoing Instrument as Attomev-in-Fact of Fidelity end Deposit Company of Maryland, and acknowledged to me that he/she executed the same for purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 7r .day of JM, 200/11 / SEAL o,,, DONNA L, Pubs; Notary to of E an fotr� STANTy A+TE OF 7W The Stale of TEXAS My Dame Exp.011-21.2015 My Commission expires: 08124/2015 155 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,FRANK E. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S d, by ary s o e hereby certified to be VI, Section 2, of the By -Laws of said Companies, which are set forth RROD, Wendy W. in full fora a and effect on the date hereof, does hereby nom' beress GARDNER, Jennifer STUCKEY, Lupe TYLER, Lisa A. WARD, Rp�ej awful agent and Anomey-in-Fact, to COPELAND and Nancy THOMAS (jSjoteco a make, execute, seal and de' SD n, act and deed: any and all bonds and undertaklogs, EX�s e t secutou Community Survivors and Community Guardians. end th x bo odertakings in pursuance of these presents, shat{ be as binding upon said d by the Companies, as fully �to tents and purposes, as if they had been duly executed ro and er oanclrno@wl� mower of attorney regularly elected offs a Company at its office' Baltimore, Md, it e TYLER, Lisa s. WARD, Roger revokes that issued on behalf of Michael J. HERROD, Wendy W. STUCKEY> P SMIDDY, Margaret BUB ary do s Theresa GAI�NthRhe �cf STHOMAS, rtve� s� �reof is a nue copy of Article Vf, tember 17, 1-010. The said Assistant Secretary does hereby certify Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Sealsf the said FIDELITY AND DEPOSIT AMERICAN CASUALTY AND SURETY COMPANY, this 3rrd day ofNoCOMPANY A. 2011?AND and the COLONIAL ATTEST: FIDELITY AND DEPOSrr COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FJ / By: Geraid F.Haley Assistant Secretary Frank F - Martin Jr. Vice President State of Maryland ss: City of Baltimore 1 On this 3rd day of November, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR, vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severalty and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal rhe day and year first above written. ,o,nuuyo Maria A Adamski Notary Public My Commission Expires: July 8, 2015 POA -f i68-T375A 155 POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit A attached hereto (individually, the "Corporation"), has constituted and appointed and does hereby constitute andint marga et Bubottz, Jennifer S. Copeland, Michael J: Herrod, Wendy W. Stuckey, Nancy ThomarLupe Tyler, Stephanie Whittington, and Stephanie Wiggins of Aon Risk Services Southwest, Inc., each its true and lawful Attorney -in -fad' to execute under such designation in its name and to aft its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1. Surety bonds to the United States of America or any agency thereof, including lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization, public or private. 2. Bonds on behalf of contractors in connection with bids, proposals or Contracts. y The foregoing powers granted by the Corporation shall be subject to and conditional upon the written direction of any officer (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attomeys-in-fact and the seal of the Corporation may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so'affixed. IN WITNESS WHEREOF, the Corporation has caused these presents to be sr ed by its Vice President, Finance and Treasurer', and its corporate seal to be hereto affixed this day of � a1 2012. Witness: Donna L. Meals Director, Financial As ce Waste Management, Inc. Cirerie C. Rice Vice President, Finance and Treasurer 157' EXHIBIT 2 (Annexed Area) 9 ftlaws CLUM Active Annexations f6amn.hd Coipbem 9af., 5vM,uprnr�a,Y � µ`�"ko= LqEkm ve camm-906naee. 7 - EspeCM Ca�N.6m:,lux fa miz. SoEICommana-13214= 1+ � ���Y•. Fipecttd Camph6n'JivnH, 2212 , VM Copparst.ne-68.3a Waa Fspxkd Cw OaU'm'Jw 14. M2 Nkat Sand Cama1J F.F Oak. Rank -1961.]3 E.andR ad-186.8epkmbYM12 NOAantl Road -166.68 Acme EapeEhd Comple6pm Denndc.M12 �. NoM CoWeA M -2.416.66A E wfiidca,op, p-'�M2 Sooty Sand Canyon - 6W.96Aae2. E.ped. C.,*Wn: �ar=2 9 Ik . EXHIBIT "T' Page I of 40 EXFIIBIT "2" --- _7 4 0 — LEGAL DESCRTFTION. ArI-NMATION N0.2410-10 TO THE= OF SANTA QLARITA "COPPMWOKE" That _portion of the ?=Cho Sari Francisco in the County of Los _Angeles, State of California'as shown on map recorded in Book l pages 521 and 522, of Patents, in the office of the County Recorder of .said county described' as follows: Beginning at the point of intersection of the dente_*line of Copper Fj_ll Drive with the centerlize of Decoro • brive as Show- 01-1 map of Tract No. 48202 filed in Book 125.6 Pages 9 through • 12 inclusive, of *Maps,. in 4,4d office of thr County Recorder, said point being on a curve, in said: centerline of Ooliper_3i11.Drive,,concave northwesterly having m. radius of 1750.00•feet ' a'radial line. through s= gid point beers North 33°12'i6" west, said,po nt also being an angle point on :the boundary of the City of - Santa Clarlta as the -same existed on October 1E, 2010; thence' (C1) leaving said boundary of the City of Santa Clasita and northeasterly along said.centerl,ine of Copper Eill Drive and said curve and along the centerline of Copper Hill Drive as shown on map of T=act No. 98202-D,a filed in Book 1247 Sages 55 through 61.inclusive, of said Maps through a central angle of.27°03'20" an. arc distance of 827.38 feet to'the.point of intersection'of last said centerline with the northwesterly prolongation. of •the northeasterly line of Lot 37 of said Tract No. 88202=04; thence (L2) radial to said mrve and along said prolongation and along said northeasterly line South' 60018'06" East 127.•90 feet to an angle point, therein; IiEence (M.) along the northwesterly line of said Lo= 37 Noth.732'46119" East' 1473.51 feet to the most easterly corner of said Ldt 37 also being J -he X:\AD.Mn7\WOAD* DOCfi\I3GA7,6\g7CFC[HST6\BQOQ T.Y.VTH?T6\6E51 C0PP=k9T&\M'aMIEX 2010-10 MM.bOO EXHIBIT "T' Page 2 of 40 ap nhrtheastexly corner of Tract No. 48202=05 asshown oa mao filed in Book 1228 Pages.24.through 33 inclusive, of ss..id Maps;'thence, .'(L4) along .the general. easterly bo�ndary'of said Tract No.. 48202-05 thea following 25 cburses, South 15°49'58" East '204.97 feet;' thence (LS) South 49°23'06".East 72.35 feet; thence (b6) South 14°01'34" West 77.56 feet, 'thence (17) North 83005111" West 77.10 feet; thence (16) South 64°35'06" West .80.82 ':East,' thane? (19) South 09026194" West 78.56 feet; thence' (L10) South 35°50133" East 50.72 feet;•thence (111) south 72°5'6'22" East '60.99 feet;' thence (112) South 69°33'39" East 58.92. feet; thence (113) South 36°38159" Eaet 61498 =set; thence (1,144) South 14045102" East 56.66 feet; thence IL15) soutfi 07°42125" East 73.95 .feet; thence (Z15)'South,16021136" 3;ast 86.43 feet; thence (117) 'Sbuth."OS°OB' 45" East• 133.63 feet; thence, " (11s) 8OIAL'I: 00`'05'51" s.ast 76.93 feet; thence (L19) South 03°03'57" West 128.63 feet; thence (L20) south'29°12113" West 41.03 feet; thence . (L21) south 52042!43" West .41.79 feet; thence (L22) south 43°33128" West 59.61 feet; thence . (1,23) South•09°21`05" West 182:50 feet; ths.nce'. (I.24) South 26°39' 52", fast • 45.35 feet; thence ' (L25) South e1005124" East 66,03 feet; thenQe (L26) South 33°04`43" East 128:67 feet;: thence (L27) south .17-13'33a East 35.05 feet; thence . (128) south' 05.54' 53"• East 362..09., feet' to an a�agle Point is the easterly line of Lot 10, of said.,Tiact No. 48202-05; thence', (1,29) along saitl.easter]y line and its prolotgation'soutlL 02'39.'35 West I. 4'9.45 feet to a point of.intersectioR with the centerline of Decoro Drive. as sliown on map of Parcel. Map No. 24981 filed in Bp6k 20 pages,. Y,:\ADSSN\vCRD DOCS\LBGAi.S\E'XE1Fi1TS\800D n")Sh-i�2TB\6551-00??EiST01m, vT.FJ% 2010-10 ^>53.DOC• 7' w i . I EXHIBIT "2" , Page 3 of 40 n .,(L31) along said boundary North W39'35" East 40:00 feet to an angle jp'oint therein; thence 1132) continuing along said boundary,. North 87°20'25' West 69:49 feet to an angle point'there_n; thence (L33) continuing along. said boundary North 87°21'30" West 128'.32 feet to the beginning of a tangent 'curve concave northerly having a radius of .2560.00 feet; thence (C34). westerly along said boundary. and along last 'said curve and along the' northerly line of said becoro Drive through .a central angle' of 18031100" an arc distance of 827.33 feet to an angle point insaid boundaay; thence. (L35) along said boundary ane radial to last said curve South, .21°09'30" West 40.00 feet to an angle point. thbrein on the centerline of said Deco+o Drive -also being a aoint -at the 'beginning of- a curve concaves northeasterly having a radius of 2600.D0 feet, to wnich last said course is radial; thence (C36)_ -northwesterly along said boundary and last said curve and along ;;,,; sai'd; cznterl ne..of Decoro Drive- 'through a�central angle of 30°46152" an arc distance of 1396.80 feet; thence (137) along said boundary and tangent to last said curve North. 39'03'W'. West'92.97 feet to the point of.begirning. Containing 68.86 acres, more or less. w' o� M4; N0.46524 X:\AMM\W03D DOCS\*'"SEG- 5\E%3I3IT8X8000 BX3II£IR6\8551 CDP?--eaTq;R ANNEX 2010-10 EX£.DOC •• T PORTION OF RANCHO SAN. FRANC15CO BOOK 1, PCIS• "521-522, OF. PA FNT$ i. 1A iMEET=' ® -� ' - � avwrmr 'p 1 • � QqE'y 6162xro ABtlpo 6 I x 4 11113„ • a �� , . � • � affil 6YY4M oo n ' • • � •„,�✓ 'i 9 '�.' AfMM alar 1 X1. NpIFJdlIg1110. P10.10 10111EP1Y nl MI,q LI,Nf� ' [PSWC-OTIf1AICL N,NYA RNJK _� L — . %�A411£YVMIf10N\GU"INe;ld[ - � / Fy}[]{QlT Page 4 of 40 EXHIBIT „2" Page 5 of 40 w* P40 EXHIBIT "2" �s F OTINEXA.TIONNO. 2011-03 TO THE CIT1:' OF SANTA. CL_ARITA_ "EIrSMERE CANYON" Those portions of Section 7 and Section 18 in Township 3 North, Range . 15 test, and those portions of Fractional Sections 12 and 13 in Township 3 North, Range 16 West, San Bernardino Meridian, all according to the o=ficial plats thereof, in the unincorpozated territory of the County of Los Angeles, State of California together with that norti:on of the Rancho San FrAr cisco as shown on map recorded in Book 1 Pages 521 and 522 of Patents, in the office of the County Recorder of said County described as a w41ole as follows: Beginning at the east quarter corner of said Section 7, said corner Deiag a point or_the boundary of the City of Santa Clarita as the sane existed on Janua_'ry 11, 2011; thence (L1) leaving said boundary and along the easterly line of the southeast quarter of said Section 7 South 00°59'21" West 2905.83 feet to the northeast corner of said Section 18; thence (L2) •along, the ,northerly line of the northeast quarter of said Section 18 North 89028'32" West 1083.57 -feet to the northeasterly corner of the northwest quarter of the northeast quarter of said Section 18 as- described s•described in Parcel a in. deed •to' said City of Santa Clarita recorded. October 29, 2010 as instrument no. 20101552982 of Official Records ; in said office of the County Recorder; thence (L3):along the easterly line of last said northwest quarter of the northeast quarter and along the easterly line of the southwest quarter of the northeast quarter of said Section 16 as described in Parcels 3 and a of last said 'deed South 02504159" West 2607.54 feet to the. X:\XMajT\WOAD Dys\L=GALS\-.U29TT8\8000 EXS$8'_'TS\8560 EX8 MMMIRE C'17_Am=—Doc .q E)MlBlT 'T' Page 6 of 40 southwest' quarter of the northeast southeasterly corn.of said 8OU_-' A . quarter; thence '(L4)along the South line' 6�f the n6rt�iapst quarter Of said. SeCtion 1.8 S . outh ; .8-9038133" -Rest I . 220,45 feet tothe southeasterly'corner of the northwest quarter of said Section 18;. thence St said northwest quarter ..South (L5) along the South line of last ' 89038f 5311, West 2548.87 feet to the west quarter corner Of said Section 7 18; thence, (L6) along the sor-th.lzi-ne Of the northeast quarter Or' said. Fractional Section 13 North 86*39,15, West 973.29 -feet to a­POint 0:1 the. cant . erline. I of the _Antelcp'e ,Valley Freeway (State RM -11 gaway 101. also being. a`point: on the boundary.. . of the City of Santa Clarita as the same. existed on January 11,.2011; -LIlenca (L7) along said center -line 'and along last said boundary North 18*56151" 3"t 128.66 feet to the beginning Or a tangent curve concave westerly -having a radius of 3500.00 feet;, thence (CS) northe'x,y along, said centerline and along last - said boundary . and . o a centx4f..angle�... � .34-581 29" an P= - diifkn. or said-rurve .through PR. 2136,,48 feet: thence zq) -continuing along said centerline, and last said boundary. and tangent to said curve North 16,01,38, west 19D8.77 feat :to the beginning of a tangent curve concave easterly having a radius of 30D0-00 feet-; thence (CIO) continuing. northerly, along Said centerline and last said. boundaryand,last said curve through a central angle of .400521221, as arc distance of 2140.U' feet; thence centerline and last said boundary 'and (LlI) continuing along said - tangent to, last said curve North . 24*50'44 5 . .22 ,feet to an. a-riti; - thence angle point in said b6.undjry 0 of the City of Santa Cl (L12) leaving Said centerline and along last said 'boundary the following .7.courses, South 89°09''09"east B72.20 feet; .thence (LP) South: 83?22'*1411 East 1285.70 feet! thence (L14) south,00526131",East, 394.97 feet; thence X:\ADmm9\,ffopz Docs\1mGZTS\EXH1B1TS\8000. =13=8\8560 =' ELSNME CYXT I X: \ADSffDI\A0.RD DOCS\ia'GSLS\E70SSIT§\6000 V=AITS\6560 Ek.- EL591\ C`M $ADEX-DOC ....._....... _._ . EXHIBIT "2" i Page 7 of 40 w P (115) South 89°07'46" East 1291.28 feet; thence } (116) South 89907'39" East 1268.02 feet; 'hence ° (117) South 00036'05" East 652.49 feet; thence ) (LIS) South 89°09'54^ East 1250.57 feetto the po1nt.of )beginning.'. Containing 806.52 acres, more or less. hyo 5 ' I f lFOr LAt\ti9� X: \ADSffDI\A0.RD DOCS\ia'GSLS\E70SSIT§\6000 V=AITS\6560 Ek.- EL591\ C`M $ADEX-DOC �I ..x...r"M .q. � . I ` LLL#1-S)i QNA 1-r 111 ' 1. 39FWLLl `j1 _) � )y m nlr sw . I I. yy(#LM pT EO[#Liri 1A LpY43V aAHr}rN �, 1 fP{anM ��\1 3N}NSW EMOLLSIl Enmwz »r It NLril1 6QALy. 1'^1000' zrmwm ' . SMHILHp SNOB>I RlauaeN E1HU59N _ SN}pSWI xBlr-0I6mY �]SNNNf��-0pp1��6 ENbi*M . . . IIWAI IEP - R31 II 133 ST N IA 2A0 H ISS 90 VI I3T i ¢ASN 03 RAS H IA L6GSNO Nr;Qw= PF$-MISIa0TMMY ASOAN TOTHEQIY OF 9NR�dMi� 'dHCiCWnaN' NFt M N. EXHIBIT "2" _ .-. Page 9 of 40 i EXHIBIT "2" LEGAL DESCRIPTION ANNEXATION -4.0.2011-22 TO TELE CITY OR. SANTA C 44RITA ' NORTH COPPER MV, .Those -portions of Sections 5, 6, 7 and 8, Township 4 North, Range . 15 West and those portions of Sections l and 2, Township 4 North, Range 16 West and those portions of Section 31, Township .5 North., Range 15 West and those portions of Sections 35 and 36, Township 5 North, Range ti West, all of San Bernardino Meri&an in the County of Los Angeles, State .of•California descxibed as follows:. Beginning at the northeast corner of said Section .6; thence (11) along the east line of said Section 6 South 01°8909 >ast.. •-• 2321.64 feet to a point on the centerline of.Bouquet Canyon Road" as _$nNIn'-'off"Yvti.'of"Tract 1v5:='3515'7 filed in Book '1095 pages 4.8' to 55 inclusive, of *Saps, in the office DI' "the County Recorder. of said County; thence (12) along said centerline south 50053156" West 320.18 feet to a point on the north line of the southeast quarter of said Section 6; thence (13) along said .north line Worth 89°47'35" East 254.85 feet to the northwest corner of the southwest quarter of said Section 5; thence (L4) along the -north line of said southwest quarter of Section 5 South -89007107" 3ast 1272.62 -feet to the east line of the northwest gsarte4 of the southwest craarter of said Section 5; thence. (L5) along .last said east line South 02718154" West 1315.34 feet, to the south line of last .said northwest quarter of, the southwest quarter; thence (L6) along last said south line North '8805838" west. 1176-06 feet to the northwesterly corner of Lot 170 -of Tract No. 46268 as shbwn,.on map filed in Book 1141 pages 1 to 12 inclusive,'of said claps; t].ence X:\ADbE1T\907D DOCS\jXFFZ5\Z)UU=T5%B00D MIeITS\8582 ZU-DOC E)MIBIT "T' Page 10 of 40 �7} along the southwesterly and northwesterly lints of said >ot as follows, South O1°01'22" East 14'.73 feet; thence (L8) 9outti 46°47'19" Nast'334.06 feet; thence' (L9) South 56°22x51" East 117.00 feet; thence ' (L10) south 60059137" East 697:63 feet; thence (111) South 27°39'09" West 367.49 feet; thence °'46" Wt 159.64 fee, to the Westerly line of. sai (L12) 6 d. outh 7856eset Lot 170 on the noxtheasterly line of Santa C� ar'=na Road as 'shown on ' said reap o3 Tract :No. 46268 and as .shown on nap of Tract No. 46269 filed in Book 1234 pages 50 to 61.inclusive, of said Maps; thence (L13) along last said,noxt_heastexly line South 07°5051" East 62.05 feet. to the beginning of a tangent curve concave northeasterly, having a'radius of 468.00 feet; thence (C14) continuing along last said northeasterly line and southeasterly of 29°49'26" aA along last said Curve through a central angle a=° distance of 243:61 faet;.thence line and tangent to , (L15)—continuing' along last said- northeasi xly . r last .said vE"'south 37°40 17" East 69.60 -feet to the northwesterly 46269; thence comer of Lot 116 of said Tract No. (L16) along the northwesterly lin--of. said Lot lib North' 78°56'48' East 141.34 feet to the northeasterly coiner of said Tract No.. 46269% thence Tract No. 46269 as follows, (L17) along the easterly line of said south. 28°44130" East 341.35 feetr thence (118) south 03011126" East.6D.DO feet; thence (L19) South 09°38'05" East 66.58 •`feet; thence (L20) South 00024116" West 192,.94 feet to the Bout" sasterly corner Of Lot 108 of said Tract No. 46269; thence last'. of eastexly lice to' (L21)tsouth 18'33'29" West 64.00 feet along line 'of Lot of ,said an angle point therein on the northeasterly ' having a. radius. of: Tract No: 462169 on a, surge concave southwesterly 318.00.feet through which 14st said course is radial; thence; . .\ADNxN\WORD DOCS\L%GHES\Fid�CHI35\8000 ^a5fi?aIT9\BSe2 SXi[.DDC X 1 . i b EXHIBIT "2" I Page 11 of 40 II f ,I(C22) southeasterly along last said curve and alon ._io. no_ neaster y ?.. i3-ne through a central angle of 1°50101" an arc distance of 10.18 feet ,. to the northeasterly corner•of.said Lot 107; thence,' "•(L23) continuing -along said easterly line of Tract No. 46269 the, following three courses; South 15°32738': west.156,15.feet; thence (L24) South 22°21'52" West 58.16 feet; thence (L25) South 31°31'58" West 165-85 feet; thence (126) continuing along said easterly -line of Tract No. 46269 and along the easterly line of Tract No. 46270 as shown on map filed in Book 1234 pages 40 to 49 inclusive, of.. said Maps as follows,,. ,South 38°18120" West 485.49 feet; thence (L27) South 25°11107" West'.140.33 feet; thence (128) South 13°07135" West' 61.44 feet; thence (L29)' South 07°52146" West 50.91 feet;.thence (L30) South 07°33105" West 174.40 feet; thence (L31) South 04°48144" West 43.09 feet; thence (L32) South 01'33143" Nast 345.76 fee" to the southeasterly cc=er of..... Lot 78-of.said Tract,No-.--46279'.being•a point' on the northerly. -line of Plum Canyon Road as. shown on said map of Tract No. 46270 and as shown on map of Tract No. 32158 'filed in Book 1246 gages 20 to 24 inclusive, of said Maps and asIshown on map of Tract No. 44966 filed in Book_ 1140' pages 78 to 86 inclusive, of said Maps; thence (L33) South 08°26'58" East 50.00 feet to a point on the centerliLne of ' said Plum Canyon Road being a point on a curve concave northerly having a radius of 3100.00. feet; to which last said course is radial;. , *hence _ (C34) westerly along last said centerline and said curve as foilows, through a central angle of ,12056136" ,an arc distance of 694.89 feet;. thence (L35) tangent to last said curve North 85°36722" West 445_.21 feei;'to the beginning of a tangent. curve concave northeasterly raving a radius of 1200.00 feet; thence X:\XnKXNIVmO DoDH\IFGns\Z)=ITSN9DDD E. 4UITS\9582 EXH-DDC \ \ r EXHIBIT "2" Page 12 of 40 p (c36) northwesterly along 'last .said curve.and said center -Line o= um Canyon Road through a, central angle of 33°12' 30" .an' arc distance o 695.51 feet; thence (L37). tangent to last 'said .cuYve and along. last said centerline of 311m Canyon Road .North .52°23'52" West. 273.94, feet to the northerly. terminus of that course shown,as North 37°36'08".8ast 3.94 feet (D2) . on said; map of Tract No. 44966; thence (L38) along last said course South 37°36'080 West 3.94 feetotoot angle point in the.boundary of said Zract No. 44966 and an. angle p in the boundary of ;the City of Santa Clarita as the same. existed on May 10, 2011; thence (L39) tong said boundary of the City of Santa clarita North 49°12'30" West 15.04 feet . to 'the beginning.of a. tangent curve concave southwesterly having a radius -of 2000.00 feet; .thence (C4D) continuing along said boundary of the City df Santa C1a=ita along the following courses and curves, ,northwesterly along last'said curve through a central angle of 16°55151" an arc distance of .591.00 €get .to the southwesterly corner .of said..Tract No. 44966:- thence (1,41) North 16°32126" East 243.20 'feet; thante. (1,42) North 16°49146" East 60.00 feet;, thence'. (L43) North 73°10'14•^ West 37.50 feet; thence (L44) North 16°49'52" East 127.21 feat; thence (1,45) North 88026'061 West 28.00 feet; thence (L46) North 04°00'54"•West 104.41 feet; thence (L47). North • D5°29'16" West 64.00 :fast to the beginning of a non - tangent curve concave northerly having a radius of 468.00 feet to which last said course is radialp thence (C48) westerly along list' said curve through a central angle of 00018122" an arc distance of 2.50 feat; thence (L49) non-tangenk to last said curve North 02°00'16" West 183.57 feet; thence .(L50) South 89°07'48" East 36.60 feet; thence (L51j North 79006'57" iast.81.07..feet; thence. (L52) North 72°47'10" East 82.48 feet; thence , %:\ADLnN\WOAD DDCg\7„D1U,S)iR®ITS\e00D a�E�TTB\8562 �•� \ EXHIBIT "2" Page 13 of 40 (L53) North 261581320. West ],05.08 feet .to a point on a. non -tangent curve condave northwesterly having a radius of. 230.00 •feet, .a radial. . r, line through last said point bears pTorth 26°49'15" West; thence (C54) northeasterly along last said curve through a central angle of 15051148" an arc distance of 63.68 feet; thence (155) radial to last said curve North 4204.1'03" West. 60.00 feet; thence (L56). North 43014154" West 155.88 'feel; thence (L57) North 22°23'31" West 120.88 feet; thence (L58) North 07°401.37" West 343.94 feet;. thence . (L59) North 00.°10'01' East 251;00 -feet; thence (L60) North 25044130" East 1148.04 feet; thence (L61) North 02016150' East 1316.37 feet; thence (262) south 89'47135" West 778.83 feet; thence (L63) North 00008141" East 1350.83 feet; thence (L64) North 89'34115" West 600.00 feat;, thence (1,65) North 89'32151" West 1009.75 feet; thence -' (1'66)-South"03'58.47"'West 893.37 feet;'thence (167) continuing along -'said City boundary South 66'29131" West 89.98 ' feet to the beginning of a tangent curve concave northerly having a radius of 1500.00 feet; thence' (C68) westerly along last said curve through a ce =91 angle Of 54'47'04" an are distance of 1434.25 feet; thence (L69) non -:tangent to last said curve south Dq2T6153" East 540.98 feet;',. thence (170) South 00'1512/" East 2644.81 feet; thence (1,71) South 89041116" West 500.31 feet; thence " (L72) North 00'16'04" West 555:00 feet; thence (L73) South 89'41116" West 826.54 feet; thence (L74) South 00°16'21" East 555.00 feet; thence (L75) 3outh.89"41'16" West 1179.60 feet; .thence (L76) North 11'26'31" West 144.73 feet; thence � a (L77) North 09141'54" East 593.86 feet; thence ' (L78) North 26022'18" West 95'.23 feet; thence X.,\AR•]3\W0.RD DDDR\LZGR 8\IT8\8000 ESUeITS\8582 MM.DOC \ \ ' n E3MI131T 'T' Page 14 of 40 ..(L79). North 10-10125r Last 551-01 feet; the, (t&o) North 89032143" West 360A8 feet to a point at the beginning of 0'..00 a non -tangent curve concave westerly having a radius of 154, feet, a. radial line through said point bears North 85°14'50" Rest; thince (C9 .. 1) * northe . rly along said curve through a central angle of'. 5-27r.16". an arc C distance of 146.60 feet? thence (LB2) tangent. to said curve . North 00642!06- West 506.63 feet to the ' beginning of. a tangent curve - C-Onc�avp easterly- having a radius, of 5240:00 feet; thence central . F angle of (C83) northerly along last said Curve through a 01955'26" an arc distance of -175.95 fest; thence I (LB4) tangent to last said ctlrve North Ol-'1312D" Eas-E.., 462:74 . fee- -0 th.Le beginning of's tangent C.IrVe. concavesouthaas-,e=l_v- having a sad us o thence' 27.00 fF-_6 then angle of 6 (465) northeasterly along 'Iast saidcurve . . N h . rough a' central 89*59,56- an arc distance of 42.41 feet; thence (Z86) tangent to 'last said curve South 88046144"' Best 36.32..-_Tset; t)ienre- - (LBI7)A4orth 00,17,49- Wast 40.01 feet; thence (1,88) North 80*45109_ West 1661.84 feet to the beginning of a. . tangent curveconcave southerly having a radius of 1200 . .00 feet; -thence (CBS) . westerly - along last said curve through a central angle of 20*30f25ff an arc distance of 429.50 feet; thence I (L90) tangent to last said curve South 10*44'26& West .370.97 fast to � erly having'a radius concave northwest the beginning of a, tangent curve of 1800.OD feet; thence (491) southwesterly along last said curve through a central angle of n L . 28'.0V3111 an are distance of 881-4to.9 fast the beginnig,of a tangent compound curve concave northeasterly having a. radius of 1100.DD feet; thence .0 (C92) -northwesterly along last said curve through a central angle f 2402115311 an,arc 'distance of 467.7-7. feet;* -thence ', (L93) tangent to - last said curve North 56*50'10" West 235.60 feet thence . D.DDCq\IamS\MMDjTS\8oOO �.TRITS\8582 EU -DOC EXHIBIT'T' Page 15 of 40 �} �(194) North B9°50141" West 1360.92 feet; thence - — . '(Y,95). North 0026110" West 2472.24 feet;:thence (L96) North 88°34'55" East 1264.78 feet'; thence (L97) North 06°12'05." West 1518.70 feet to the beginning of at tangent. curve concave easterly having a radius of 229.05 feet;.thence' (C98) northerly along last said curve. through a central angle ,of 02055153" an arc distance of 11.72 ,feet; thence (Z99) tangent to last said curve Nosth•03916'12".West. 1519.17. -feet to. the beginning of a. tangent curve concave easterly having a radius of .229.05 feet; thence • (C1D0) northerly along last said 'curve through a central angle .of 21°38138" an arc distanne of 86.53 feet; thence (L101) tangent to last said curve North 18°22'26" East 277.38 feet; . thence' (L102) South 89°40'12"West 1104.39 fleet; thence (L103) South 89°40105" West 448.62 feet (L104)..South 04025140" East 116.00 feet .to the beginning .of: a tangent -*:curve- concave'east'erly having-a:-radin's-of-400.00-€eet; the —. (C105) southerly along last said curve through a central angle of 15°50115" an arc distance o€-110.57 feet; then (L106) non-tangent to last said curve South 65°54119" West 123.42. Feet; thence (L107) South 24°09''52" East 8.42 feet; thence (1108) 'South 66'09130."..West 17.441)faet to the beginning of a.tangent curve concave southeasterly•having a radius of 380..00 feet; thence (C109) 6outh-4e6faily.along .Iast said curve through a central angio of 14°30'52" an arc distance of 96.26 feet; thence (L110) non-tangent to last said curve .North 39°06127" West 48.45 feet; thence (Llll) North 47°53150" West 34.57 feet; thence (Lilt) North 68°55'14" West 53,21 feet; thence (5,113) south 47'07'15" West 31.65 feet; thence (L114) North-44°06'22" West 102.12 feet; thence (L115) North 34°34102" West 11D.22 feet;-.thence Y:\SMmI\WOAD DOCS\LEMS\E%a_TSrTE\8000 E - jTS\8582-W..D= r ti�� ( EXHIBIT "2" Page 16 of 40 .�"(1116)'South. 09°40 2 Wes' 76.51 feet; thence °e. (1117) South 370.03127" West 22.78 feet; thence (Li1By North 51026159" West 137.92 feet;. thence (L118.) -'North 8002'38"West 59.61 feet; thence (1520'). South. 76'54''1.4 West 245.10 feet; thence (L121) South 00°06134" East 519.60 feet; thence ' (L122) South'89°27'20" West 2.75.50 Feet; thence (1123) South 02058'4-31' West 81.39 feet; `.hence (1124)•North 67°57'22" West 30.DO.Feet; thence (1125) South 54°45'37" West 29.25 feet; thence (1126) North 67°02'10" West &3.99 feet; 'thence (1127) South 87°07'15" West 29.94 fest .thence , (1128) South 57°56:51" West 31.34 feet; thence (L129).'South 31°09'31" West 75.06 feet; thence (L130) North 76°35'56" West 118.81 feet; thence (L131) North 83°21'51" West 142.75 feet; *..hence (L132)..S.auth.61°Q8'03" West 240.44 feet; --the (1133)' South.21P48157" West••3fi':69 feetr-thence (L134) South 23°34'21" Fast 171.50 feet; thence (L135) South 44`04157" Wast 414.07 feet; thence (1136) South B9°39'•57" West 126.55 feet to an angle point in said boundary.of.the City of 'Santa Clarita.at the southwesterly corner, of Tract No. 46564-03 as shown_ on map filed in Book 1221 pages 12 to 17 inclusive, of said.Maps; thence (1137) leaving said bdundaly of the City of. Santa clazita and along the westerly line of said Tract No. 46564-03 North 00020103" West '628.59 feet to an angle point therein at the west, quarter corner of ,said Section 35; •thence. (1138) continuing along last said westerly line North 00°19'54" West 162.B5, feet to the meet. northerly corner of Lot 4 of said Tract. ]NO. - 46564 -03; thence (1139)- along the northeasterly line of said Lot 4 south 59°20'12" East 136.25 feet to the most westerly corner of Lot 5 of said Tract No. 46564-03 also being a point on the general westerly line of 'Che land X:\RMMN,\Rom Oo08\7+W=s\MMMZT8\8000. s"Os3=9\8582 EMDOC • iy ' EXFIN3TT "2" Page 17 of 40 described in deed recorded -November 30, 2004 as instrument no; 04- 130851 7 4-'3085167 of. Official Records, in the office, of said County .Recorder;. thence -(L140)..along, said general westerly line the following courses, 22°17'45" East .93.42 .feet; thence (L141).North 29°28159" East 86.89 feet; thence (L142) North 53°48123" East 42.99.feet; thence (L143) North 22°30'34" East 40.26 feet; thence (L144) North 25°05137" West 22.96 feet; thence (L145•) North 290.04'32" East 92.18 feet; thenoe (L146) North 38033120" West 27.39. feet; thence (L147) North 04°59109" West 34.35 feet; thence (L148) North 33°09117" East 41.53 feet; thence (L149) North 07033151" West 37.03 -feet; thence (L150) North 06°36157" East 51.05 feet; thence (L•151)'North 36°45155 West 14.43 feet; -thence. (L152) North 22°09143" West 06:79 feet; thence {Lb53)North 41°42'88" -West 40.52 feet; thence (2154) North 27°51'25" west 67.67 feet; thence (L155) North 48048'01" West 22.84 feet; thence (L156) North 71005115" West 35.76 feet; thence (1157) North 56°32118" West 17.20 feet; thence (L15B) North 02`55'06" West 9.54 feet; thence (L159) North'38°04'32" East 16.20 feet; thence (L160).North 55°].7'42" East 10.99 feet; thence (L161) South 89°52152" East 3.1B feet; "thence (L162) South 48001140" East 31.06 feet; thence (L163) South 36°011.10" East 15.62 feet; thence (L164) South 70°24135" East 16.37 feet, thence (L165) North 6B°56'51" East 9.01 feet; thence (I166) South 84°48'15" East 4..74 feet;• thence (L167) South 63°l9'41" East 7.04 feet; thence (L168) North'82°49'21" East 2.16 feet; thence (L169) North 53005'15" East 22.35 feet; thence Y:\ADKar\MV DO %L3GALB\Es1 D=S\8000 *MGSBITS\BS82 MM.DOC \. \ North EXHIBIT "2" Page 18 of 40 OL170) North 73°48'.17" East 7.33 feet; thence ZL171) South 82020'14" East 59.93 feet; thence (L172) South 53.04199" East 14.97 feet; thence (L173) South 82°221.55"'East 44..6l' -feet; thence (L174) North 390.Q7'45" East 67•32 feet; thence (L175) No*th.73026'23" West 20.86 feet; thence (117 6) North 27°42'58': West 30.91 feet; thence (L177) North •63°19x3'6" West 27.03. feet; thence (L378) No=th 25°45''28" West 73.43 feet to a point on 'the . southerly line of Lot 3 of Tract No. 46564-04 as shown on map filed in Book 1248 pages 16 to 23 inclusive, of .said.Maps; thence (L179) leaving' last. said 'general westerly line . and along said .southerly line of lot 3 Norte '74°18'30" West 355..67 feet to the. westerly line of said Treat No. 46564-04; thence (L180) along last. said westerly line and the westerly line of Tract No. 46564 as shown on map filed in. Book 1251 pages 50 to .57 inclusive; of said Maps North 00°19'54"•West-1769.79 Beet to the northwest'coraer v£ said -section, 35;. thence ..._ _.. (L181) along. the .northerly ling of the northwest quarter of said Seddon 35 south. 89041'56" East 2654.06 feet to the northwest corner' of the northeast quarter of said Section 35; thenceaster South (L182) along the' northerly line of said northeast qu 89°41'30"' East 2653.97 feet to the 'northwest corner of said 88ction 36; thence - he north line of ,the northwest quarter of .&aid section (L183) along tEast 2658.82, feet to the 'north quartex corner of 36 south 69°4 the said Section 36;.thence, (L184)., along .the,nprth 'line of the northeast quarter oz, said section . 36 South 89°46`18" East 2681.67 .feet to the northwest coFnex of said Sectiou 31; thence (165) :along the west'Lime of the northwest quarter of said Section 31 ,. South 00031'33" West 1357.41 feet to the .northwesterly corner .o£ Government Lot 2 in said section 31;.thence DOCS\ZMaLS\°M'BITS\8000 Xmm=TS\8582 MM.D00.� ' Y`r EXMIT 'T' Page 19 of 40 y (10186) along the north line of said Lot 2 South. 88°94'10' East 1228.94 'feet to the hortheasterly corner of said Lof 2; thence (L187) along the east line of said Lot 2 South 00035'21" West 1351.91 feet to the north line of the southwest quarter of. said Section 31; thence (L188) elong last said. north line South 88°59'.30" East 1319.95 feet to the 'center of.said Section 31;,thence (L189) along the east line of last said ,southwest quarter South 00035118" west 1386.37 feet to the southwesterly corner of Parcel Map 40, 14813. as shown on map -filed in Book 166 Pages 31 and 32,•of Parcel Yaps, in said office of the:County Recorder; thence (L190) along the south line of last said parcel map and along• the south 'line of Parcel Map -No- 5827 as shown on map filed i= Book 64 Page 17, of sAid Parcel Maps South 89°14125" East 2000.71 feet to the . west line of last said parcel map; thence (L191) along last said west line 'South '00°28' 03" west 737'.72 feet -to the south line of last said parcel map; thence.' ...(v1.92) along last-said. south-line South 89°29117" East 667.43 feet to the east line of said Section 31; thence (L193) along last said east line. South 00°25138" West 600. 00: feet to the Point of Beginning, Containing 2872.88.acres, more or less. O0 k4t T X:\SDM M\Wo4D D0C5\T.Gn3\3XM3IT5\8000 SX33Y. \8882 MM-D0C , LECIEND B"Djay, � MAY w B�w w iD, 2011. NaONOMG MAPS IIAw19vrr��nmWnduiuryrncVmsm-cam ANNEXATION No: 2011-22 To THE CITY OF SANTA CLARRA 'WR7ni COPPER FQLl' EXHIBIT "T' Page 21 of 40 EXHIBIT "2" 1 ANNEXATION NO. 2010-08 TO THE CITY OF SANTA CLARITA (SOLBDAD COMMONS)' That portion of the north half of Section: IB, Township 4 North, Range 14 West, San Bernardino Meridian in the .County of Los Angeles, State of California described as follows:`: Beginning at the point of intersection of the westerly line of the northeast quarter of eaid Section 18 with the centerline of the Antelope Valley Freeway (.State Highway •3,4), said point being on a curve concave southerly having a radius of 2000.00 feet, a radial line through said point bears South 07014'43" West; thence (Cl) northwesterly along• said centerline and along said curve through •a central angle .of '00150'16 an. arc distance. of .29.24 feet; thence (L2) along said centerline and .tangent to said curve North 81°55'01" West 554.69 feet to the 'b eginning of a tangent curve concave southerly having:a radius of 2000.00. feet; thence (C3) westerly along last said curve. -and along said centerline through a central Angle of 18°32'35," an arc distance of 64.7:27 meet to an angle Doint in the boundary of the 'City of Santa Clarita as the same existed on October 6, 2010; thence .... (L4) along said boundary North 03023`40" West 348.41 feet; thence (15)' . 'cohtinuing "along' said' 'boundary 'North'' 270561301 East 2Di . 55• feet to a point at the beginningof a non=tangent curve concaRe southwesterly having a radius of 1450.00 feet, a radial line through last said point bears North 10°25112" West; thence '• (C6) southeasterly along said boundary and along last said curve. through a central angle of 47°34139" an arc distance of 1204.06 feet to the. northerly boundary of said freeway; thence .. . (L7) leaving said boundary of the City of Santa Clarita and along last said northerly boundary North 84°12'52" West 32.34 feet to. the first above -described westerly line of the northeast quarter of Section 18; thence (LB) along said westerly line South 07026153" East 329.96 feet to the point of beginning. Containing 13.21 acres, more or less. X:\BDICK\WORD DOCS\LEG1ALS\EY=B:TS\8000 EXMBI^_'S\8550 SO SDS CM2MS XVdm TION r M-= +� sWV- if 9 0.°'x410 � � d11Y0n AREA=13.21 ACRES i / msl-4Twia 8y YOR. N 1/2 OF Ong BBC. .1 TW,R1hW - --_'- VALLPY PM.E Y. IiA V ANTELOPE xHS1-401-033 ' ' • x. 205{ -pOHµ , 6eF --0]] 1 P_O.B. ' . scAm, 11-2w `un ,q�J 1 � Ip45E RIM -1'. ' T414, R14W, SBM � � � zio x Tay UNINCORPORATED TERRITORY OF LHOIiND' TI'IE COUNTY OF LOS ANGELES I 1 uxsawaowaunY, _ ' ' _ /+_ w SEMW oETiro arc nwmmr —'---`----- .. mom pnFA=1331 MtFS 1 • .. 4ms a won w® alY Oi 9NTln aNOq ' a _ r z'ss�ie:'••' i�u� amL ANNDCAf10N NO. Ma . 'I" O m%l%%l ns alum TO iwcm or smrA mmtA Q f k�1NRY`F eVXdIV1o1W.w(WM3m,Y WON NMA6 UlniDm 1 r l -,— ' ��l EXIi>BIT ,a2„ Page 22 of 40 I hD TT"2„ Page 23 of 40 m. EXHIBIT "2>' ANNF'XATI N0: 2011-20 TO THE C --TTY OF SANTA CLARITA "VT�TA CANYON/FAIROAKS / JAUS WAY" . Those portion's of Sections 21, 22', 23, 261,27, 28, 34, and 35 in Township 4 North, Rangy 15 West, San Beazrd no Meridian together with a'portion of Section 2 in Township 3 North, Range 15 West, San Bernardino Meridian, ail in the county of Los Angeles, State of. California described as a whole as follows: Beginning at the southeast corner of said Section 28 being a point on the boundary of the city of*5-.=ta clarita as the same ezi.sted ott'3a_nuary 31, 2011; thence along said City Boundary the following courses and curves': (L1) South 89004'33" Wast 2634.89 feet; thence (L2) North 00014'39" West 2570.31 feet; thence .(La) South 88°08159" Bast 26.80 feet; thence "'::.....'(h4)"North"46027'4D" East'392.6£'feet; thence (L5) North 03035119" Bast 272.19 feet; thence (L6) North 39038'15" West 503.81 feet; thence (L7) North 60007'45" West 232.07 feet; thence (L8) North 71°19150" West 102.46 feet; thence (L9) North 56013123" West 231.31 feet; thence (L10) North 76056140" West 542.10 feet; thence. (L11) North 68016154" West 118.05 feet; thence (L12) North 89°06127" Bast 1117.06 feet; thence (113) North 00010'33" West 1316.51 feet; thence (L14) South 85°56151" West 454.84 feet to the centerline of Sierra Highway as shown on mai of Tract No.. A3810 filed it book 1078 pages 93" to , 99, inclusive of Maps, .in the office of the County Recorder of said (county; thence X. \ MaV\WOAD DOCS\LEC?L S\ZXnBITS\8000 MMIBITS\8561 MM: DOC {L15) along said centerline North 40°03'07" East '284.70 feet to the R` �';% radius. OL bet7inning. of a tangent .curve concave northwesterly having a t. . 3500,00 feet; ;hence (C16) continuing northeasterly along said centerl ne and .said curve. Lhrough a. central angle of 11°25'02" an arc distance of 697.44 feet to the. beginning of a tangent eomponnd curve concave northwesterly having. a radius of 2750.00 fest;. thence (C17) continuing northeasterly along said cente=line and last said,aurve. through a central angle -of 01°01!09 an arc distance of 48.92 -feet;. thence i (L18) leaving said centerline and non-tangent to last said. curve South j .66038144-" East 202.97 fleet: thence (L19) North 07°37'56" East 129.91 feet; thence (L20) North 66°38'44" West 161.31, feet, to a point on.said centerline, of Sierra Eighway on said curve concave northwesterly having a radius o: 7. 64°59'3.8" 2750.00 ,feet, a radial line through said point bears North west; thence _.(G21)_northeastexly..zlong said.centerline,.and fast-said 91;X-7nce�ghouz, central angle of 04036'32" an arc disLance.of 221.21 -ee.; i(L22)', continuing along said centerline and tangent to last said curve North 20023150" East 231.44 feet; thence (L23) leaving'said centerline North 89°16'02" East 2270.20 feet; thence. (L24) North 00°07140" West 557.93 feet to a. point at the begins ng of a non-tangent curve concave northerly having a radius of 9700.00 feet, .a radial line through last said point bears North 03°41'25" west; thence ' (C25) easterly along last said curve through.a central angle of 05023'37". an arc distance of 913.12 feet; thence (L26) non-tangent to list said curve South"69°59'09" East, 802.71 fest to a point on the centerline of'the Antelope Valley Freeway (State Highway 14) on a. curve concave southeasterly having a radius of 3000.00 feet, a radial line, through last said point bears South 55°53'.44" East; thence %:\ADffiIN\WOAD D005\?,ECBLS\WMMTS\8000 EMBITS\8561 EXB.DOO \ r z.� E)MIIMT 'T' Page 25 of 40 (C27) northeasterly along last spid centerline and last said, curve trough a central angle of 26046'51" an arc distance of .1402.24 feet; thence (Z28j *continuing along last said centerline and tangent to last said curve North 60053107"'Bast 4430-00 feet; thence (L29) leaving last. said centerline South 00*30'.36'! West .124.1.76 feet to a point at the beginning of a non -tangent curve co nc=-.ve northerly having a radius of 1200.00 -feet, a radial line through last said point bears North 02*06119" West, thence (C30) mesterly along last said . curve through a central angle of Ga'53'18' an arc distance or 186.16 feet, thence (131) non -tangent. to . last said curve South 02'.48'401' East 800.41 feet; thence (L32) South 57'48'40- Bast 204,70 feet to 'a PCillt at the bBginning Of. a non -tangent curve concave southeasterly having a radius of 2914.83 . feet, a radial line through . last said 'point be? ris South 23* 12 r 2 6" 'East; thanp77 (C33) southwesterly along last said curve through a central angle Of (L34) non -tangent to last said curve South 0003013611 West- 274.4.4 feet; thence (L35) North 89047100" East 1713.73 feet? thence (L36) South 23*DBr22" West 631.01 feet; thence (L37) South 89*42f25" West 158.00 feet; thence (138) South 00035,25ff West 983.76 feet; thence (13.9) North 89`42152" East 109.14 feet to a point at the beginning Of a lion -tangent curve concave northeasterly having 'a radius of 1820.00 feet, a radial line through last said point bears North 82'33'D6" Bast,.thence (C40) southeasterly along last said curve through a. central angle of, .11*46159".:an arc distance of 374.29 feet; thence (141) tangent to last said curve South 19*13'53" East 120;44 feet; theAce (L42) North 89*38130" East 110.05 feet; thence (L43) South 00'35125" West 182.50 feet; thence (L44) South 89038130" West 350.00 feet; thepce, z X:\AMaV\80RD D0CS\LEC?Z5\EXH1BXTS\8800 Z7Z33:TS\8551 TH.DOC 1% \. I ° EXHIBIT 'T' Page 26 of 40 W. ,(�95j South 00°35'25^ West 402.50 fest; thence �. 6). South 00°01'27 West 5260.30 feet; thence ` (147) South 06'36'02^ East• 5029.37 feet; thence " (L48) North '88°59'50" East 1514.44 feet to a point of intersection with. the ceaterline of Placerita Canvon Road as shown on County Surveyor's primp No. B-2283 sheet 2 (CSB 22B3-2) on. file in.the office of, the Director of .Public Works of said county, said point being .at the po�t:of cusp'at heasterly havi :the easterly terminus of a tangent curve. concave soutng. a xadius'of 500.00 feet; thence (C49) southwesterly along last said centerline and along last said curve the following 5 courses, through a central angle of 36°17'40" an arc. distance. of 316:73 fee.; thence ' (L50) tangent to last said curve South 52.°42'10" "lest 101.75 feet to the aeginning of a tangent curve concave nom thwesterly hav . a radius of 800.00 feet;.thence (C51) southwesterly along last s=_id curve, tbZough a central angle of 16'03'00" of arc distance of 224.10 feet,•thence (152�..tangent.ta,lFat_said cu�-ce.SQ#h.GS045'l0" west 155.73 £est to the beginning of a tangent curve concave sou neaster ly having a radius of 1000.00 meet; thence (C53) southwesterly along last said curve through a central angle of 17°49'10" an arc distance of 311.01 feet; thence (L50 tangent to last said curve South 50°56'00" West 684.39 feet to a point on the easterly boundary of Parcel Map No. 7096. as. shown on map said - filed in Book . 198 pages 33 and 34 inclusive, o£ Parcel Maps, ' in said office•of the .County Recorder;. thence (L55r) along last said easterly boundary South 00036'27" West 21:9.•37 feet to the southexly.boundary of said Parcel Zap No. 7A96;.thence . (156) along las*_ said southerly.boundary Norte 89°30'04" West 667.02 feet to the point of intersection with the westerly line, of the east half'of-, the. southeast.quarter of the northwest quarter of 'Said Section 2 as described in ,document recorded July 2, 2007' as instrument no_ K:\EDYIIi\WOaD DOCS\TwGA:LS\'s:��8IR3\8000 8X8i8iT6\8561 +�LB.noc \ ' {M EXHIBIT "T' Page 27 of 40 it 20071654941 of Official Records, 'in said office of the County Recorder; . .thence (L57) along last said westerly line South 00°26'55" West 318.70 feet to the point of intersection with said OenteIli.ne'Of Placerita Canyon Road, being a point on a curve concave northwesterly having z radius -of 1500.00 ' feet, a. radial line through last said point bears North 32°21'34" West; thence (C58) southwesterly along last said centerline and along last said curve through a central angle' of 27°17.'33" an arc distance of 711; 90 feet to the point of intersection with the westerly line of the land -described in d000m.nt recorded June 07, 2,006 as instrument no. 0 6-12 5 3118 .of .said Official Records; thence (L59) along last .said westerly line South 00°21'14" West 774.87 feet to the north line of. the southwest quarter ,of said Section 2; thence. (160) along last said north !Lie South 89°13'10" East 1328.21 feet to the northeast corner of the southwest quarter"of said Section 2; thence (161) along the east line of last said southwest quarter South 0.0036127 West_13E7.98..feet-to the. northeasterly corner. of the southeast quarter of the southwest quarter of said Section 2; thence . (162) along the southerly line of parcel B .as described in document recorded August 25, 2004 -as instrument no. 04-2190843, of_'said Official Records, North 89016'42" West 1338,38 feet to the easterly line of parcel C as described in said document recorded August 25, 2004; thence (1-63) along last said easterly line South 01002'22" West 1349-35 feet to the southerly line of the southwest quarter of said Section 2; thence (L64) along last said southerly line North 89°20'10" West 1348.56 feet to '-the 'southwest corner of said. Section 2; thence (L65) along the westerly line of the southwest quarter o3 said Section 2 . North 01028'15" East, 270}.64 feet to the west quarter corner of said, Section 2 being an • angle' point on the boundary of tiie City of Santa Claxita as'the 'same existed on•January 31,. 2011•; thence . (L66) along said City :Boundary the following 8 courses, North 00°05'30" East 2362.51 feet; thence X:\ADMIN\WORD DDC6\LEM8L 3XXZBXTS\8000 EXK152:TS\8561 BX3.DOC EXHIBIT "2" Page 28 of 40 t°t Sh67) North 05054127" West 1349.89 feet;, thence •(158)North 89°53'14" East 1333.12 feet; thence (L69) North 06°1412Q" West'.1239.98eet6:.thence (L70) 146rth'O6.614108" West 1240.26 feet; thence ' (Z71) Sputh 89°47'09" West 2632.95 feet; thence (3J2)'North .05°32'23" West 1231-99 zeet; thence (173) South 89°38'56" West 3921.73 feet to the. Point of Beginning: Containing' 2537.24 acres, more or less. • N L X:\P.DNLN\Z•70AD bDCe\�'e.EflT�9\�-'3=^t5\8000 MMIBIT8\8561 87.iS.DOC \ PORTIONS OF SEcTiONS 21, 221 23, 26, 27, 28,34,3S T4N, I[l5 W, S.3.M. PORTION OF UCCION 2 'MN, R15W, SJ3.a . J aNwasmsToouz vmm lou sxnu ze,vm+vv . xwlmsq;;vm4 zNwzswYv4. vmw]4n ]ML'Aemvi00M zNzavmlTdwe v,aMvow lomo aw�m+.sm,oma zNlaaml,orw zw..sasroMa ' xNvglCAl aNf"43.431 ]M1iGiep}43104 »Iv=19 v1"431431 »]kwH91 z41.«fmv ' zwewwu �nlan 443 xl+yyvnblo 4w ]lmANaltlOvle xM1aAID/ m5.vo-wnvw ]am.Wfall ]M1931Wf xMlanq],ows $MYmiAfllOntf ze;omiaumm4 xMSdnbm Ewt.a"Ni,v«e xfla.00wvmm3 YNla39at EMImhMf LNLW,Mxm,n zsmmaom,oMl awl"Nx".w EBP'Bv4mE Sfi1NW 431 w3eex-iM v.aw.ms vvdwm3 a«+mca«wa1 ].+4.aw.mc aNlgoa15,o4m xw"Mi4xnoax ]«L4wamrofp »Sw.av zwl..O.P »43.43143. S«lglmila4n. aMl.mcA9 armm94se x«4A'9sm sa,mxwlYow vmm9am zwam4 wnovl Llnm4my aM3a.m> xN1on+M ' xwlme.® ]NdwF310 xN4vpdN ' xVMa,eml,EM :«loom, m+E4xifw momr.em SMlgaaummE nA-Mom] aw-wrms ullawam xvmmzaa aNldlONzdm4 uwmxau M[N3mtEOv66 ;e++anmclOUN z4morn4m+ama v.,-41a1ry we v,bml"ow lN1mt9M10913 ]N.ry3ilS1n 153 uMox3m4 ]NOd,PnOtYa oA ouave zwl"ors.vmrdme aNNblwm4»l 2M9M9sm x«a43a,NYd«. zwwuaw xelrapml ENlms.olU x14.4343430«z ]NYe15a« ]w1YN"nMiOm9 aN1-019416 xNlaNdsclo w! awzmsma x11433434 auz4va xN�aNaNrOm ]61191901! ana w 3BIImM 3N1g54011O Wf »1+436.56 3415.0. Wlroasf a«bvlzesT w+�N4Me i x3fwa5iatsaxn,am zmwn.w,olvl ]MIgN@10143 3NId14IX1TO46n xi1.b..ma,v]a mlawmm4M .. awd.m+mnf "iw1AWw0 »ISg6gnom4 vumamn i�tyawmrlamn xN}@xa«i44w1 ]wlav4[e m4vnmos4 aAtlammxlOM1 x14311 zMaomdmmlln aNi4».vn xN90t9On aNlmlq;T0U50 Gall m�amloeiz iwlavazi z Irwaa4s xNam6o3cm4rn zivlaxwe4 vuvvaaee - ' zwa5zmnama waaxs-443 :wlkxdm+vam MLmlwu EN3a ENlAa441T0014 xMtrmamnvl4x .7 E«EaszmsTamx SMh "I xwaan.wl xe¢aMamlov. xwtv»wnoeN z«2mianro4lo zNrozwll: v+lmzolelaaa xwwmvv Ewamsowzaw f«,as5mei0m0 2nivmx4mimo11 xol4mmTmve4 v xNIVRiN]TOPx4 xNxmo-Nl iaaq LY Nb01lmm0 '" 341,431.43-w.a'.� aN4mPaw Eef1431mz »143103 zNxgrs45mm3 ue143104mMf z«, 430431 zN1a310dT04w, zN1"v.ON xNzdvon z«lvmmzm4n ENzgem? zM14a3aMroow xsum4xm zw,aatml 3NI.m,.¢9 PORTIONS OF SEcTiONS 21, 221 23, 26, 27, 28,34,3S T4N, I[l5 W, S.3.M. PORTION OF UCCION 2 'MN, R15W, SJ3.a . J vmm lou sxnu 1 . xwlmsq;;vm4 zNwzswYv4. aNw 1 -aro ' v,aMvow lomo zwealxm ' zw..sasroMa xweau.4ei ]M1iGiep}43104 »fi01z9e1 0 »]kwH91 z41.«fmv x�0+a0lII;w .�, xl+yyvnblo 4w E9141Lw1 ' m5.vo-wnvw mi°. oiimimv56 xMlanq],ows $MYmiAfllOntf a3Y Ewt.a"Ni,v«e im11011 eio 44vnv41s EMImhMf LNLW,Mxm,n lNoa,o019 awl"Nx".w zwvwlaonvaM w3eex-iM a«+mca«wa1 LIB 0?]433 mlBmzmsroaw xw"Mi4xnoax zwo.mxmorovin SCALE,: 1l'=4000' zwl..O.P aMl.mcA9 zeai m�4"'4cmwf zwam4 wnovl xN�m44mmml xwlme.® xMlm9@Alv4m xVMa,eml,EM , m+E4xifw �' zM;m4mzrocw nA-Mom] ullawam »umn4m uwmxau ;e++anmclOUN ' EnbmxM4 v,bml"ow lN1mt9M10913 uMox3m4 ouave �a+ - x«a43a,NYd«. ]EN'MEmZ ]M; 431431 x14.4343430«z z«nauoN,o lr xNtaNa9a PORTIONS OF SEcTiONS 21, 221 23, 26, 27, 28,34,3S T4N, I[l5 W, S.3.M. PORTION OF UCCION 2 'MN, R15W, SJ3.a . ......1w. awfmbwlmmf J iaw3EOM " L1, 44311 . zeawl"wuro]w , ' xnw-om"v+loxes N ' ]nNm3.zleloxzl tt€:'� t72 �i u3To"%.'� (+ [r^" '1B'IBMaIe 1«4me0R,1100 0 i:i+mcan +anw 1:u"�'� �L'A .�, u+ama®,o5p / OFF 5M1TA TA 8149TT h ' AN,93a4x3 140]sm9 ' ]OHm9Ubi0 «9 WO =W.M �N,43Ye44 w+m°A 'O4B SCALE,: 1l'=4000' xntfmsmaiomx ......1w. awfmbwlmmf J xMnmvamomc 11 mNm4evm.a , ivfwtzmE N q mwmza.Tom aMememl tt€:'� t72 �i u3To"%.'� (+ [r^" '1B'IBMaIe 1«4me0R,1100 0 1:u"�'� �L'A 33 34 34 TIN o® YYxT11491 249 H 153 240 H 157 246 H 10i 249 H 153 249 H 157 240 H 101 252 H 157 255H1w 2ltv.] H 153 255 H 157 250 H 145 258 H 149 25814153 258 H 157 201 H 145 2011414 20.1 H 163 251 H 167 2041110 204 H 157 +61 i ANNEXATIONNn,20"i 'TO THE CITY OF SANTA QI 1 J 11 10: N q 0 F IIIE F]Ia .�, / OFF 5M1TA TA 8149TT h i ANNEXATIONNn,20"i 'TO THE CITY OF SANTA QI 1 EXHIBIT "2" Page 30 of 40 +' EXHIBIT "T' LEGAL DESCRIPTION ANNEXATION NO. 2011-26 TO THE CITY OF SANTA CLARITA "80=BAND CANYON" Parcel 1: Those portions of Sections 1,.'2; 11 and 12 in Township 3. Noh, Range 15- west, San' 15ernardino Nexidian in the County of ' l os Angeles., State of California described,. as follows; - Beginning -at -the Center of said Section 12; thence -- (L1)' -"•along the southerly line of -;he northwest criarter of said Section 12 South 88°55'44" gest 1162.49 feet •to t)ae westerly line of parcel 1 as described in document recorded April 28, 1994 as instrument no. 94-818523 of Official Records,. in the office' of the County Recorder of said county; thence (L2) along said westerly line North 00°14'2$" west 2659.52 feet to the southwesterly corner of. the southeast quarter of the southwest quarter of said'Section 1; thence (L3 along the westerly line of parcel 11 as described in- document. ' recorded .April 22, 2005 as -Instrument no. 65-0943244 of said Official' Records,, North . 00019''41" East 1372.30 feet to the northwesterly corner 'of said southeast quarter of the ..southwest quarter; thence (L4) along the southerly line'.of parcel 1 as'described in document recorded April 22, 2005. as. instrument' no. 05-0943244 of said X:\AMaK\WORD D0CS\LaMS\sMSF-7.BXTS\8000 3XMMS\8562 MG.DOC ii EXHIBIT "T' Page 31 of 40 O,; icial Recgrds, South 89°06'32" West ~113.6.49. feet to the, easterly line of the southeast 'quarter ,of said Section 2t: therFce, ` (.t5) along last said easterly. line 'South 00°23'15" West 1345.26 feet to the southeasterly corner 'of said 'Section 2; thence (L6) along the 'southerly line' of the southeast,'a_uarter of .said . Section 2 North 89°20''10" West 674.28 feet to the easterly line of ed in said document recorded 'April 22, '2005; pa�cel.5 as describ thence ' ;(L7) aloag last said easterly line South 00017118" West 1345.09 feet to the southerly line of said parcel 5;.thence {L8) along last,sad, southerly line North 89°24.'23" West 1 60. 3A8: feet to the westarly"jine of said paibel 5; thence (L9) among list said westerly line North 00°17126" East 1347:75. feet to the souttaerly line of the, southeast . quarter of -.said.. Section 2; thence (Y 10) along last said s8utherly line South 69020110 East 337.1 _ ......._..._ iii said feet to the westerly• line of parcel a as descrybad document recorded April•22, 2005; thence (L11) along•'last said Westerly line N " orth 00°31'30East 1346.96 feet to the southerly line of parcel. "1 as "described in docent recorded December 2, 2002 as instrument no. 02-2914078' of. sant Official Recoxds; t4euce (L12)' along last'Saia southerly line North. 89016'41" West 1009.491. feet to the ;westerly' line of the northwest quarter of the southeast quarter of said Section 2; thence' (L13) along last said westerly line North'00°36''•27" East 1347.98 feet to. the northeast corner of the southwest quarter of said section 2; thence.... anter of ' (L14)• along the northerly line of said southwest, quarter Section 2 North 89013'10•" West 13,28.21. feet. to h.e westerly line x,�an��wosn �:s���xt„u�zsxms�moom �txaxxs�essx �.noc >, ' t„ a� EXHIBIT "2" Page 32 of 40 i Tf the. land described in document recorded: June. 07, 2006 as instrument no. 06-1253118 of said Oficial Records;'thence (L15) along lest said westerly line and its northerly proiongation North '00'°21' 14" East 774.87 ' -feet • to a point on the centerliie of Placerita Canyon Road being a' point on acurve concave northwesterly having a radius of 1500.00 feet, a radial ,line through last said point -bears North 05010'01' West; thence (C16). northeasterly along said curve and said centerline through a central angle of 27011'33" an arc distance of 711.90 feet to a poi nton the. westerly -line of: the, east half of the 'southeast quarter of the northwest quarter of said Section 2 as described -in docrment recorded July 12, 2007 as instrument no. 20071654941 of said -Official' -Records; thence . (x,17) along last said westerly = te,,North 00028155.11 East 318.70 feet to a point on the southerly boundary of Parcel 'Map No. 7096 as shohn on map filed in Book 108. pages 33 and 34 of Farcel ?daps, in said office of the.County Recorder; thence �L18) along last said southerly boundary South 89°30'04" East 667.02 feet to the easterly boundary of said Parcel Map No. 7096; thence (L19) along last said easterly boundary North 00°36127" East 219.37 feet to a point on said centerline. of Pladerita Canyon Road; thence (L20) along last said North 50°56'00 East 6E centerline the following seven courses, .39 -feet to the to the begimning of a tangent curve concave southeasterly having a'radius of 1000.00 feet; thence (C21) northeasterly along last said curve through.a. central angle of 17°49'10" an arc distance of 311.01 feet; thence'' X:\AMMT\H'ORD DOCS\LEMS\3XaM3I2S\8000 =MITS\8562 MM.= \ • e . s.►e f EXHIBIT "2" Page 33 of 40 Y .. �F• 'XL22) tangent to'last said curve North 68°45'10" East 165.73 feet .,. to the be of a tangent curve. ;concave northwesterly having a: radius of 800.00 feet; thence (�23) • northeaster.'ly a-1069 last said curve. through z central• angle of'16°03'00".an arc distance of 224.10 feet;thence (L24) tangent to last said cur�e'North 52°42'10" East 101.75 feet . to .the beginning of a tangent curve concave.southeasterly having a. radius of 500.00. -feet; thence (C25) northeasterly along last said curve through a central" angle". of'36°17'40" an. arc' distance of 316.73 feet' to a point on'.- the boundary of the City. of Santa Clarita as the same existed Rebrnary 14, 2012; thence (L26) continuing along said centerline and. said' boundary and tangent to last said curve North' B8°59„„' 50” .3ast !072-47 feet to ^an angle point in said boundary- on the bentesline of Sand Canyon (L27) .along said boundary and said centerline of Sand .Canyon Road the following 11 courses and cur-ve's, So"+th 11°09'05” East 473.9.5 feet to the beginning of a tangent curve concave northeasterly having a radius of 30.0.00 feet; thence (C28). southeasterly along last said curve through a central'angle of 78°45'40" an arc distance of 412.39'feet7 thence (L29)' tangent to last said, curve 'South' 89°.54' 45" East- 166.04 feet to the beginning of a tangent curve concave northerly. 'having a radius of' 1000.0.0 feet; thence (C30) easterly along last said curve through a central angle of 25044'50" an aic distance of 449.37 feet; thence' (L31) tangent to last.said curve North 64020'25" East '213. 03 'feet.. to the'beginnir_g ofa tangent curve -concave northwesterly having a ,radius of 200.00 feet; thence X: \ADMi-iN\DOP.D DOCS\WMSWT RII =TS\8000 Z7L9ITs\6.762 iX'.DOC ..._._ .. EXHIBIT "2" Page 34 of 40 ' A032) northeasterly along last said curve through a central angle of 31°14'10" an arc.distance of 109:03 feet; thence. (L33)tangent to last said -curve North 33'06115" East 95.70 feet to the beginning of a tangent curve concave, southeasterly having a radius of 200.00 feet; thence (C34) northeasterly along last said centerline and last said curve through -a central angle of 42°50120" -an arc distance of 149.54 feet; thence (L35) tangent to last said curve North 75°5.6135" East 670.82 'feet to the beginning of a ta'igent Curve concave -southerly 'having a radius of 300.00 feet; thence �'. (C36) easterly along last said curve 'through a cer_tral'angle of 33°20'301` an arc distance of 174.58 feet; thence, (L37) tangent to last said curve South 70°42153" East 106.17 feet to the easterly line of the west half of said Section 1; thence -" (L38);._.4.eaving said. ,City Boundary and along last said easterly line South 00016115" West 5075. 48. feet to the south ouarter .corner of said Section 1; thence •(L39) along the easterly line of the northwest gsarter of said .-Section 12 South 00'46'56" East 2628.75 feet to the point -.of Beginning. Containing 634.47 acres, more or less. PARCEL 2: Lots 3 and 4 in Section 36, Township 4 North} Range 15 west, San ... ' Bernardino Meridian in the County of Los Angeles;'.; State of ' California according the official plat thereof •on file in the . Government L&md Office described as a whole as fdllows:. X-\AMEMAWORD D0CS\D=M8\EXFUMTS\8000 •TMIM15\8582 =.DOC `. f 0 EXiiIBIT "2" Page 35 of 40 Be7inning at the southeast corner, of said'Seetion'36; thence ' (L1). along the. southerly line of said section,36 South• 97°04'10" West 2267;36 feet to'�the westerly line ;of said Lot: 3; .thence (1,2) along said westerly line North 03°26'46" West 1144.26.•teet to the north line. of said Lot 3; thence f aid Lots, 3 and 4North (L3)' along ' the- northerly lines os. . 8.9049':42" East' 235.0.47 feet to the easterly '11ne• of said Section 36; thence 1034.10 feet to (L?) along said easterly irrn6 5outk: .00055126/:' West the Point of Beginning. Parcel *2 containing 57.66 .acres, more os less., Parcels .1 and 2 contain 692.15 acres,, more. or less, in the r OAK OF.0 . DITS\8562 EICd.DOC $=\Aj)MX,\WORD DOG\LS4GALS\"•j(-.L'$TS\8000 SX?rT v 9 i H6U5E NUM RING MMS 243 H 166 246 li 165. 249 H 165 ------------------ A15E65Wt PMCFL NUMBFIlS ' Lala -011-011 ' 28+8-011-012 xe4a-0ss-ala i .. zwsau-o1n � zaawuA2a 2849.01x-031 . zwevlz-oni - lane-Blz-04n zue-0iz-PIB - zen"1z-0sB zwam2-vse xwemz-0sa 3B4ba12"00B 291"12.089 t�. 1848-012-0]0 .. 1910-012-011 2048 7 - 1890-012-W-071 2840-013014 1610D13"010 2840-013.037 2849-018-0Sa _ 1048-014-010.. 2648-014-011 2846-019-O0s ;840 -m -VUs 804"28.087 i 204"x9 -ma i -U29 -0V9 "49 2048D1911 204b0x9411.. - 2899019-019 ' 2848-093-Wl 4 291"35-001 Z649A300 zg40-as5 -0e4 _ zwa-Bas-a1s i . ASSE55gi PMG7. HUYfiERS PM141. z - BA05-0]5100]6 a o y !EAI o ni ANNEXATION No. 2C 9 TO THE 6"'Y Of SANTA C 6EOC9L'9t -swi li mm GN4Y0 -- EXiiIBIT"2" Page 37 of 40 EXHIBIT "2" i - LEGAL DESCFLiPTION .AN=kTIQ NO. 2011-7S TO THE =OF SANTA CLA TTA NORLAND-ROBiNSON RANCH' 'chose portions of Section 13 and of the northeastquarter of Section 24, all in Township 4 North, Range 15 West, San Bernardino Meridian in. the County of mos ?ingeles, State -of California described as follows: Beginning at the northe=ast corner of said Section 24; t4p4ce i (Z1). along'the.easterly line of the northeast q a tL r of said Section 24 $oath 00°23'25" West 2649.07 "feet to the southeasterly' corner of the northeast claarter of said Section 24, said corner being ass amIle point ii" '. the boundary of the City pf Santa Clarita\as the same existed on rebrand -y i '15; 2011;. thence r- :(I29_glong said' City Boundary the'-'foll'owing courses and curves; South — - 89°53'52" West 1318.81 feet; thence (Z3) North 00°16126 East.2340.95 feet; thence (Z4) South 70026`05" West 640.20 feet; thence (15) North 19033'55". West 367.72 feet to a point on a cur'v'e concave,4 noxthweVez,y. having a •radius of 1522.47 -feet, a radial line through said point bears Nor`.h 33617'020 West; thence (C6) northeasterly along said, curve through a central angle of 10°18'51" an arc distance of 274.07 feet; thence (L7) non -tangent to said curve South 89°44112" West 346.96.feet; thence (48) North 49022'39" East 262.45 feet; thence (Z9) North 00017'03" East. 377.03 feet to a point on a curve• concave northerly having a radius of 2469.00 feet, a -radial line' through .iast ' said point bears North 14°15'51" West; thence (C2a} westerly along last said curve through a central angle of 16°20'•51 zn arc distance of 704.45 feet; thence T^ x:\MaV\DOSD DOW *a S\-%XMj_TS\8000 Ei._TBIM8563 MM.DCC , • 1�w EXHIBIT 'T' Page 38 of 40 AB.98 eit to t!) a last said curve 1�0 87bLP fea 14est 16 -ttli) tangent to -Ving 'a -a:dius Of 1 C)OO 00 ' curve concave northerly beginning- Of -a tangent r fee,; thence angle of 08 0,221 03" as- said curve tblough a centrk. 9 (PI2) westerly along 1. Sri, , . a. tangent ra'Qrsrse 46.0� nning of - feet to the be an arc. distance. 'of 1 y having a.rad�us. of 1000.00 feet,;. thence curve concave oncave 6O-t2tberl - a cpna of 16056129" last said c=7'a tblo"J" LrELI =izgl.(Ci3) westerly a3-Org ; thence . an arc dist I amce of . 190.96 feetsough EN03014 311 West 1232.5.6 feet; (L14) tangent to last 'said curve thence ' the centerline of (115) -North oo'0214F W*�,.j. -feet to aPoint on 2mteIop9 valley !-!'Xeeway (state aighw4y la) then _19mo,said centerline South Bs*I1145" Bast 1255.76 -ea� o he beg Ofatangent -&-ve concal no-T1weStaZlybavin9 radius' of 5806, 00 feet; -t!hPncssaid ..curve along said centerline and along last (cl7,) northeasterlyy fea_ to a le Of 2QD44136" an arc distance M5 lire" f the =and !mmd .6f the ',__„Iegtarly of on the . no. -Iy _ja longat'On point described 3.5 Parcel' cordI in document recorded *._August Olr 1988 a-5 . -ns t=ulalant No. 88-1209676 Of Official Records, in the office of the COUntY,.R`P of said county; thence (118) leaving said City Boand PI -17 Boundary and along jaid-,prOlOngWtioll lee 0 the northarly line t 00*17,03, wast. 4 91'67 said westerly line South Parcel I it dccgnt, recorded pp .bruary 27r 1968 ..Of the land described'" 75 of said official -Records, thence as Instrument No. .32 i I t,,,rly line south. 1 89°42'57" East 20().00. -feet to the (119) along said M I thence westerly . line 0� last said Parcel 1; West 200.00 feet �,p, the along said easterly line South 00 . 017iO3" We (L20) southerly line of last said Parcel 1; the -add - (T.21) along . said southerly line North 89*421.57" West � 200-00 fest'to the w ierly line of Parcel I as described in 'said document recorded August es Olr I988; thence 9 -.10132TSM1000 �.rrarTs\8563 FICMIT'T' Page 39 of 40 ,'9(L22) along last said westerly line 'South 00°1T'03" West.•'3.41.67 feet. to f " na southerly line o_'last.said Parcel ,l; theme (L23) along last said southerly line North 89°40'54" Vast 465.88 feet tq.• the southeasterly fire of last.said Parcel 1;. thetce (124) 'Along 'said southeasterly line North 43°11!47" East .94.85; feet to, the begjrining of a tangent curve concave souiheaaterly having a Yadius of 1532.47 feet; thence - (C25) northeasterly along last said 6IL-ve and along said, southeasterly line through a central angle of 33012'DO" an arc distance of 887.99 feet; thence (L26) non -tangent to last said curve and along last said southerly. line North 80041'09" East 112:38 feet; thence (L27) continuing along last said southttl line North 67°05'09" East 59 .4.72 feet'to the easterly 2=ne.of the southeast quarter of said Section 13; thence (L28) along last said east=+ly line South 00°26'42". West 1218.04 feet -to the Point of "Begiamddng. ---- . " Con=esng 204.32 acres, more or less. X:\ADMIN\V= DOC8\LEG8L5\ff9IffiT9\B000 EX8I3IT5\8563 MM.DOC \ \ 47-1 toamin.ven • � - Nun.wa+ fin+ ��'"^ Sf++ I.EObNU �9 ,� YgYAAUl OW11UMY vnurt. � R �aV a _ ,y ap w IID11mm Iz, zml i au•�u-w vrvv-m -...-.,w ' ARBA 204.32 A. ' eox snln men ••••,•-_^•.,. •.. � � - .e; �� � • }6T _ .. _. �J�f�� "�a -' � � r. — p^y''n�'i-ep 1°ia-om-nz ..�� i .• Qb$ .�A�,l l�iwvmfgsY • r v 1 • .• .1 V- �.�_ ��.• • Uz=y�r�� .. .. 3nN-W1—. U1 i, � I I a +� ' ll N • fFdlf�b '�NIIl1S� .IIL IDivb19- 3 � - sn+.neP4wu 'i's- -•zaq :—� 'f6w-nz-sax .. �. •+�1 i • � .ffi� •3KN165 les � _ o N Y■ x. SCALM 1,800, 15 YSUI� • � aPK•Kvl¢o14vgH11 u M i utEvrcF' OTT -OF OR ONC01 . a •1 6 `q �' p P n m �: swc: i1NNEJ AVON No.2 n u �1��6�'iAy r Rnieatto�snprncwrrn __"`r��.r•k rl '!§U_�__� �'" Nrx 'nrntvamNoeuuwN rvv+cH' _ 1 Piin.b� 1 wuz A6. � MII TE W. IS py��LIv1YIN.lI0pVM6V 56N5Iyyppo915N1 N1o1/MNE411M1-IIAI)a56 - b O M ? N EXHIBIT 1 (Nonexclusive County Franchise Agreement) �3a:u3rda (Annexed Area) EXHIBIT 3 (Franchise Fees) Franchise Fee Amount Throughout the Term of the Assigned Agreement, Franchisee must pay to City a Franchise Fee in an amount equal to 10% of the Gross Receipts derived by Franchisee from services provided in the City pursuant to the Assigned Agreement. The Franchise Fee must be submitted along with a report of the revenue upon which the franchise Fee is calculated by month and service category such that Gross Receipts from all sources of revenue are easily identifiable. EXHIBIT 4 (Indemnification) Indemnification Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) 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 (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement; (2) the failure of Franchisee, its officers, employees, agents, companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Franchisee elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Franchisee. Franchisee, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 2. Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Franchisee specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of franchisee that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. B. Franchisee's obligations pursuant to this Section shall apply, without limitation, to: 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Franchisee of any facility; 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee or any Affiliate of Franchisee. D. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. F. In the event City directs Franchisee to dispose of Solid Waste Collected pursuant to this Agreement at a facility designated by City, Franchisee shall not be required to provide the indemnification set forth in this Section 9.2 with respect to Claims arising from allegations relating to the handling and/or disposal of such Solid Waste after it is delivered to a City designated facility (although this exception shall not apply to any other Claims relating to said Solid Waste); provided, however, this exception to the indemnification requirements of Section 9.2 that would otherwise apply shall not apply in the event the City designated disposal facility in question is either owned or operated, in whole or part, by Franchisee or any Affiliate. 3. AB 939 Indemnifications and Guarantee A. To the extent authorized by law, Franchisee agrees to indemnify and hold harmless the City from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by the City with respect to the waste stream Collected under this Agreement. B. Franchisee warrants and represents that it is familiar with City's waste characterization study as set forth in City's SRRE, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the 50% diversion goal set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. EXHIBIT 5 (Insurance, Bond, Letter of Credit) 1. Insurance Franchisee shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Franchisee's performance hereunder or the actions or inactions of any of Franchisee's officers, agents, representatives, employees, or subcontractors in connection with Franchisee's performance. The insurance requirements hereunder in no way limit Franchisee's various defense and indemnification obligations, or any other obligations as set forth herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). 2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance. Franchisee shall maintain in force for the term of this Agreement limits no less than: Comprehensive General Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, Personal injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 2. Automobile Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per accident for bodily injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by City. If, in the reasonable opinion of the City, Franchisee does not have sufficient financial resources to protect the City from exposure with respect to any deductibles or self-insured retentions, at the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention's as respects City, its officials, employees and agents; or Franchisee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Franchisee; Premises owned, leased or used by Franchisee; or vehicles owned, leased, hired or borrowed by Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers. b) Franchisee's insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Franchisee's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers. d) Coverage shall state that Franchisee's insurance shall 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. 2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Franchisee for City. 3. All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, 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. E. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better. F. Verification of Coverage. Franchisee shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Companies and Subcontractors. Franchisee shall include all companies and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each company and subcontractor performing work within the City. Alf coverages for companies and subcontractors shall be subject to all of the requirements stated herein. H. Required Endorsements 1. The Workers' Compensation policy shall contain an endorsement in substantially the following form: "Thirty (30) days prior written notice (ten (10) days in the event of cancellation for non-payment) by certified mail, return receipt requested, shall be given to City in the event of cancellation, reduction in coverage, or non -renewal of this policy. Such notice shall be sent to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 2. The Public Liability policy shall contain endorsements in substantially the following form: a) "Thirty (30) days prior written notice (ten (10) days in the event of cancellation for non-payment) shall be given to City in the event of cancellation, reduction in coverage, or non- renewal of this policy. Such notice shall be sent to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 b) "City, its officers, elective and appointive boards, commissions, employees, and agents are additional insureds on this policy." c) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." d) "Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Franchisee. This policy shall protect Franchisee and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Franchisee's liability as set forth in the policy beyond the amount shown or to which Franchisee would have been liable if only one party had been named as an insured." I. Delivery of Proof of Coverage. Simultaneously with the execution of this Agreement, Franchisee shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall have all required endorsements. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City. Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term. J. Other Insurance Requirements In the event any services are delegated to another company or subcontractor, Franchisee require such franchisee or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the Franchisee or subcontractor's employees engaged in the work in accordance with this Section 1. The liability insurance required by this Section 1 shall cover all Franchisee or subcontractors or the Franchisee or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 1. 2. Franchisee shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Franchisee from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Franchisee or any franchisee or subcontractor on account of any occurrence related to this Agreement, Franchisee shall promptly report the facts in writing to the insurance carrier and to City. If Franchisee fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Franchisee's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Franchisee. 2. Faithful Performance Bond A. Prior to the Commencement Date, Franchisee shall deliver to City a performance bond in the sum of the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void at the conclusion of the term of this Agreement only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. B. In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the performance bond, Franchisee shall restore the performance bond to its face amount within 30 days of the City's declaration. Failure to restore the performance bond to its full amount within 30 days shall be a material breach of the Agreement. 3. Faithful Performance Letter of Credit A. In addition to a corporate surety bond as noted in Section 2 above, Franchisee shall furnish an irrevocable letter of credit drawn upon a financial institution with an office within one hundred (100) miles of City in the amount of Two Hundred Fifty Thousand Dollars ($250,000), in a form acceptable to the City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall be the sole responsibility of Franchisee, and shall be released within thirty days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Franchisee's satisfactory performance of all obligations hereunder. B. Thirty (30) days following City providing Franchisee with written notice of its failure to pay City any amount owing under this Agreement, the LOC may be drawn upon by City for purposes including, but not limited to: Payment of sums due under the terms of this Agreement which Franchisee has failed to timely pay to City 2. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Franchisee. City may draw upon the entire Letter of Credit and convert it to a cash deposit if Franchisee fails to cause the Letter of Credit to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the term hereof. EXHIBIT 6 (Existing Roll -Off Agreement) Temporry Bin and Roll -Off Boy: Solid Waste FFranc;hise Agreement Between The City, of Santa Clarita and USA Waste of California; Inc. dba Blue B arrel Disposal City of Santa Claita Contract No. 0 � —QC0ZD I Temporry Bin and Roll -Off Boy: Solid Waste FFranc;hise Agreement Between The City, of Santa Clarita and USA Waste of California; Inc. dba Blue B arrel Disposal City of Santa Claita Contract No. 0 � —QC0ZD PS -05-o6.69 0 Temporary Bin nod Roll•Off Bar Solid Waste Agreement Between the City of Santa Clarion and Blue Barrel Disposal TABLE OF CONTENTS Recitals* ........................................................................... .................................................... I SectionI Grant of Franchise ............................................................................................... 4 Section 2 Reimbursement of City Expenses ....................................................................... 6 Section 3 Term; Extension .................................................................................................. 6 Section4 Definitions ........................................................................................................... 6 Section 5 Compliance with Laws and Regulations ............................................................. 9 Section 6 Types and Frequency of Service ......................................................................... 9 Section 7 Collection Equipment .......................................................................... * .............. 11 Section8 Privacy ............................................................................................................... 13 Section 9 Service Exceptions; Hazardous Waste Notifications ........................................ 13 Section 10 Customer Service .......................................................................................... ...14 Section 11 Ownership of Solid Waste............................................................................... 15 O Section 12 Marketing of Recyclable Solid Wastes ........................................:..................15 Section13 Billing ...................................... ; ......................................... ; ............................. 15 Section 14 Blue Barrel Disposal's Books and Records; Audits ....................................... 16 Section 15 Integrated Waste Management. Act; Reporting Requirements ..............:.........17• Section 16 Activities and Financial Reports; Adverse Information ..................................17 Section 17 Indemnification and Insurance ......................................................... 1 .............. 21 Section18 Cash Bonds ...................................................................................................... 24 Section 19 Emergency Service ................. ...................................................................... —.25 Section 20 Administrative Remedies; Imposition of Damages; Termination .................. 26 Section 21 Referral to Referee; Hearing Procedures ........................................................ 31 Section 22 City's Additional Remedies .............................................................................. 34 Section 23 Franchise Transfer, City Consent; Fees .......................................................... 35 Section 24 General Provisions ......................... ; ....... I ............... ........................... 37 ExhibitA Guaranty .............. : ........................................................................................... C-1 PS -05-o6.69 Temporary Binand 11611-0tf 0az Solid Waste Agreanent Between ale Cite of Santo Clarity and Blue Borrel Disposal Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and USA Waste of California, Inc. dba Blue Barrel Disposal This "Temporary Bin and Roll -Off Box 'Solid Waste Agreement Between the City of Santa Clarita and USA Waste of California, Inc. dba Blue Barrel Disposal" ("Agreement" or "Tem- porary Bin and Roll -Off Agreement") between the City of Santa Clarita, California, a Califor- nia city, ("City") and USA Waste of California, Inc, dba Blue Barrel Disposal, a Delaware cor- poration, is made and entered into on the _ day of , 200_ RECrrALS WEEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect public health and safety by taldng measures in furtherance -of their authority over police and Osanitary matters; and . WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for solid waste attributed to sources within their respective jurisdictions; and WHEREAS, California Public Resources Code § 40059 provides that aspects of solid waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of non- exclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the gov- erning body of the local agency; and WHEREAS, Chapters 15.44 and 15.46 of the Santa Clarity Municipal Code implement Article XI, § 7 of the California Constitution and California Public Resources Code § 40059 in the City of Santa CIarita; and k. PS -05-06-09 Temporary Bin ane. aoil•Otf Box Solid waste Altreeme t Between the City or Santa Clarita and Blue Barrel Disposal WHEREAS, City is obligated to protect the public health and safety of the residents of the City of Santa Clarita and arrangements made by solid waste enterprises and recyclers for the collection of Temporary Bin and Roll -Off Solid Wastes should be made in a manner consis- tent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, By advertisement and solicitations by mail City invited solid waste enter- prises, without regard to prospective proposers' places of business or prior service areas (in an effort to attract proposals from the widest possible range of qualified proposers) to propose how Temporary Bin and Roll -Off Solid Waste services might be provided in the City in a safe, effi- cient manner which protects public health and safety and implements measures consistent with the City's Source Reduction and Recycling Component in order for the City to reach the diver- sion goals mandated by the California Integrated Waste Management Act of 1989, as amended, Public Resources Code §§ 40000 et seq.; and WHEREAS, By its advertisements and solicitations, City received expressions of inter- est and suggestions from numerous prospective proposers, including proposers with corporate headquarters located outside the State of California, and City, in evaluating proposals, consid- ered factors which included, but which were not limited to cost, quality of service, proposers ability to implement measures to comply with AB 939 and proposers' ability to meet the obli- gations of indemnification provisions and traffic and air pollution impacts, but did not favor in- state or local firms nor discriminate in any way against in= with out-of-state affiliations or corporate offices; and WHEREAS, City and Blue Barrel Disposal are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of Temporary Bin and Roll -Off Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and L- ability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq.; the laws governing Universal Wastes, Universal Waste Electronic Devices CVWEDs"), and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, so- dium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batter- ies (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] allcaline. batteries, car- bon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches; and WHEREAS, City and Blue Barrel Disposal desire to leave no doubts as to their respec- tive roles and to make it clear that by entering into this Agreement, City is not thereby becom- ing a "generator" or an "arranger" as those terms are used in the context of CERCLA § PS -05-06.09 Teanporary Dui and Roll -Off Box Solid Waste Agreement Denvemi tim City or Santa ciarita mid Blue Darrel Disposal 107(a)(3) and that it is Blue Barrel Disposal, an independent entity, not City, which will ar- range to collect Temporary Bin and Roll -Off Solid Waste from Premises in the City of Santa Clarita, transport for recycling and disposal and dispose of Temporary Bin and Roll -Off Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable Solid Wastes from Premises in the City of Santa Clarita, and collect and recycle or dispose of Con- struction and Demolition Materials; and WHEREAS, there are no places within the City limits of the City of Santa Clatita where landfills are located, or which are suitable for the siting of a landfill and therefore Temporary Bin and Roll -Off Solid Waste must be exported from the City; and WHEREAS, City and Blue Barrel Disposal agree that, subject to City's exercise of its reserved flow control right under Section 1.H of this Agreement, it is Blue Barrel Disposal, and not City, which will select the landfill or transformation facility destination of the non - recyclable Temporary Bin and Roll -Off Solid Waste and Construction and Demolition Materi- als ("C&D Materials') which Blue Barrel Disposal will arrange to collect, that City has not and, by this Agreement does not, instruct Blue Barrel Disposal on its collection methods, nor supervise Blue Barrel Disposal in the collection. of waste and nothing in this Agreement or O other action of the City shall be construed to give rise to any inference that the City has any ti- tle, ownership or right of possession of such Temporary Bin and Roll -Off Solid Waste; and G WHEREAS, Blue Barrel Disposal represents and warrants to City that Blue Barrel Dis- posal has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements under the Act, to meet the diversion goals proposed by Blue Barrel Disposal, to meet City's other re- quirements, to arrange with persons in charge of day-to-day activities of Premises in the City of Santa Clarity for the collection, safe transport and disposal of Temporary Bin and Roll -Off Solid Wastes which may contain small amounts of household products with the characteristics of Hazardous Wastes, or Universal Wastes, in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Blue Barrel Disposal has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City would not enter into this Agreement with Blue Barrel Disposal unless USA Waste of California, Inc. provides a Guaranty in the form set forth in Exhibit A and the Guarantor, as a material inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver the Guaranty and to agree to and be bound by it's terms; and F 3 PS -05.06.09 Tetaporary Bin and rloll.Oft Dox Solid waste Agraemmn Bahremt the City o: Santa Clarito And Blue Darrel Disposal WHEREAS, the City Council of the City of Santa Clarita determines and finds pursuant to California Public Resources Code § 40059(a)(1) that the public interest, health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from exces- sive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Component, and in an effort to reduce the City's potential CERCLA liability, would be served if Blue Barrel Disposal were to be awarded an exclusive Franchise for collection, recycling, diversion and disposal of Temporary Bin and Roll -Off Solid Waste from premises in the City of Santa Clarita. NOW, THEREFORE, the City and Blue Barrel Disposal agree as follows: Section 1. Grant of Franchise A. Binding Agreement. In consideration of the execution of and the mutual promises contained in this Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Blue Barrel Disposal, City and Blue Barrel Disposal enter into this Agree- ment. B. Grant of Franchise; Exclusions. Blue Barrel Disposal, and other solid waste en- terprises; if any, granted similar franchises, shall have an exclusive duty, right and privilege to collect, transport, process, recycle, compost, retain and dispose of all Temporary Bin and Roll - Off Solid Waste, as defined in this Agreement, produced, generated and/or accumulated at premises in the City, except as provided below. The collection and disposal of residential solid waste from Single Family and Multi -Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate `Residential Agreement" The collection, and disposal of Construction and Demolition Materials from residential and com- mercial premises through the use of roll -off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the contractor, is not within the scope of this Agreement. C. "Exclusive Franchise" Blue Barrel Disposal agrees that this Agreement is an "ex- clusive franchise" as that term is used in Public Resources Code § 49520. Blue Barrel Disposal acknowledges and understands that City may grant more than one exclusive franchise, to more than one solid waste enterprise for the services to be provided pursuant to this Agreement. D. Waiver of Rights. Blue Barrel Disposal waives any right it may have to challenge the terms of this Agreement under federal, state or local law, or administrative regulation, ex- cept as provided in the dispute resolution provisions of Sections 20 and 21 of this Agreement. Blue Barrel Disposal waives any right or claim to serve Premises in the City'of Santa Clarita as PS -05-06-09 Temporary Bin and RoU.Off Box Sold Waste Agreement Between ate City of Santa Clarlta and Blue Barrel Disposal its boundaries exist as of the date of execution of this Agreement under any prior grant of fran- chise, contract, license or permit issued or granted by City relating to the waste stream covered by this Agreement and including whatever, if any, rights Blue Barrel Disposal may have under the Public Resources Code or prior law. E. Gardeners and Landscapers. This Agreement shall not prohibit gardeners and landscapers from collecting, transporting and composting or disposing of Green Waste, as long as they transport such Green Waste to a Compostable, Materials Handling Facility or a Green Material Composting Facility, as defined in 14 CCR § 17852, or other site permitted (or ex- empt from pemaitting) by the California Integrated Waste Management Board, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. F. Sale or Gift of Recyclable Materials. Any person may sell Recyclable Materials or give away Recyclable Materials to persons or entities other than Blue Barrel Disposal How- ever, in either instance: (1) the Recyclable Materials must be segregated from and not mixed with Temporary Bin or Roll -Off Solid Waste; and (2) the seller/donor may not pay the buyer/donee any consideration for collecting, processing or transporting such Recyclable Mate- rials, or as a consultation fee for recycling services. A discount or reduction in price for collec- tion, disposal and/or recycling services for any form of unsegregated or segregated Temporary Bin and Roll -Off Solid Waste is not a sale or donation of Recyclable Materials and such Tem- porary Bin and Roll -Off Solid Waste does not qualify for this exception. . G. Annexation. Territory annexed to the City which is not within the service area of another solid waste enterprise which qualifies under Public Resources Code § 49521 to con- tinue to provide Temporary Bin and Roll -Off Solid Waste services shall be added to the Fran- chise covered by this Agreement. In the event that an annexed area is added to the Franchise area, City and Blue Bartel Disposal agree that this Agreement shall supersede any previous franchise agreement, permit, or license granted to Blue Barrel Disposal by another public entity. with respect to the collection of Temporary Bin and Roll -Off Solid Waste within the annexed area, H. Flow Control - Reservation of Rights. City reserves whatever, if any, rights to ex- ercise solid waste flow control which may be provided by Congress. Section 2. Reimbursement of City Expenses Not Required. Blue Barrel Disposal shall not be required to reimburse. City for expenses, including O staff time, consultants' and attorneys' fees and expenses associated with granting this Agree- ment. PS -05-06.09 Temporary Din and Roll -Off Box Soud Waste Agreement Between the City of Santa Ciarlm,md Blua BnnT1 Disposal Section 3. Term. A. Collection services under this Agreement shall be provided for a period of five years, commencing on January 1, 2006, and ending at midnight on December 31, 2010, unless sooner terminated. B. Sections 9, 16 and 17 of this Agreement also require Blue Barrel Disposal to pro- vide services (e.g., access to landfill destination information, insurance and indemnification and an insurance policy repository) beyond the period during which collection services are to be provided pursuant to this Agreement. Section 4. Definitions Whenever any term used in this Agreement has been defined by the Santa Clarita Mu- nicipal Code ("Municipal Code") or Division 30, Part 1, Chapter 2 of the California Public Re- sources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. "Act" or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 et seg., as it may be amended and as implemented by the regulations of the California Integrated Waste Management Board, or its successor agency. B. "Agreement" or "Franchise Agreement" means this written Agreement between the City and Blue Barrel Disposal, and all exhibits and documents, including Blue Barrel Dis- posal's Service Proposal, dated October 7, 2005, and all supplements to those respective pro- posals, governing the provision of Temporary Bin and Roll -Off Solid Waste Services as pro- vided in this Agreement. See Section 24.J, below. C. `Bins" or "Solid Waste Bins" means those containers provided for the temporary accumulation and collection of Temporary Bin and Roll -Off Solid Waste from Premises. Bins are usually two or three cubic yards in size, or larger. D. 'Bulky Goods" means large and small household appliances, furniture, carpets, mattresses, White Goods, oversized yard waste such as tree trunks and large branches if no lar- ger than two feet in diameter and four feet in length and similar large items discarded by Com- mercial service recipients. The term "Bulky Goods" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like. E. "City" means the City of Santa Clarita, California. PS -05-06-09 Temporary Bin and Roll -Orf Box Solid waste Agreement Between the Clty Of Santa Clarito and Blue Barrol Disposal F. "Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, and rubble, resulting from construction, remodeling,'re- pair and demolition operations, but does not include asbestos -containing materials. Construc- tion and Demolition Materials, but not asbestos -containing materials, are within the scope of this Agreement, subject to the licensed contractor exception in Section 13, above. G. "Blue Barrel Disposal" means USA Waste of California; Inc., A Delaware corpo- ration, a party to this Agreement. FL "Franchise" means the exclusive right and privilege granted by this Agreement. I. "Franchise Fee" means the fee or assessment imposed by the City on Blue Barrel Disposal because of its status as party to this Agreement and which, inter alfa, is intended to offset the City's expenses in administering this Franchise and to compensate City for damage to its streets, sidewalks, curbs and glitters and other infrastructure resulting from Blue Barrel Dis- posal's exercise of this Franchise, the expenses of administering the program for the Temporary Bin and Roll -Off Solid Waste stream, reporting requirements under the Act and other related Oexpenses. I "Green Waste" or "Yard Trimmings" means leaves, grass clippings, brush, branches and other forms of organic materiaks generated from maintenance or alteration of residential landscapes or gardens including, but not limited to, yard clippings, leaves, tree trimmings, prunings, holiday trees free of flocking and metal,.brush and weeds and incidental pieces of scrap lumber, separated -from other forms of Temporary Bin and Roll -Off Solid Waste. "Green Waste" does not include yucca or palm fronds, which are not suitable for com- posting. B. "Gross Revenues" means any and all revenue or compensation in any form, de- rived directly or indirectly, of Blue Barrel Disposal, USA Waste of California, Inc. or their sub- sidiaries, or other affiliates of Blue Barrel Disposal in which Blue Barrel Disposal or USA Waste of California, Inc. or either of them, has a financial interest, for the collection, transpor- tation, processing, recycling, diversion and disposal of solid waste pursuant to this Agreement, in accordance with Ge ,nerally Accepted Accounting Principles, including, but not limited to, monthly customer fees for collection of Temporary Bin and Roll -Off Solid Waste, without sub- tracting Franchise Fees or any other cost of doing business, but excluding revenues from the sale of Recyclable Materials and Recyclable Solid Waste. 7 PS -05-06-09 Temporary Bin and Roll -Off Box solid Waste Agreement Between the City of sanm Clarita and Blue Barrel Disposal L. "Hazardous Waste" means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Re- covery Act ('RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Re- sponse, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpen- ter -Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; and all future amendments to any of them, or as defined by the California Integrated Waste Management Board, or the Department of Toxic Substances Con- trol, or a successor agency. If there is a conflict in the definitions employed by two or more agencies having.jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. M. "Premises" means all premises in the City, other than Single Family and Multi - Family Residences, where Temporary Bin and Roll -Off Solid Wastes are generated or accumu- lated. The term "Premises" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste); federal, state, county and local governmental facilities, including, but not limited to schools, school district offices, special districts and water districts (to the extent authorized by law); but does not in- clude Single Family or Multi -Family Residences. N. "Recyclable Material" means a commodity which is sold for compensation, or given away, but which is not discarded into the Commercial waste stream. A Recyclable Mate- rial which is discarded into Temporary Bin or a Roll -Off Box loses its character as a Recycla- ble Material and becomes Temporary Bin and Roll -Off Solid Waste subject to this Temporary Bin and Roll -Off Agreement 0. "Roll -Off Box" or "Roll -Off Box Service" means solid waste containers, or ser- vice using containers with a capacity of 10 cubic yards, or more, including compactors. P. "Scavenging" means the unauthorized removal of Recyclable Solid Wastes. Scav- enging is prohibited by Public Resources Code § 41950. Q. "Temporary Bin Service" means Bin service provided to a premises on a tempo- rary, as -needed, basis in such a manner that no Bins belonging to a particular solid waste enter- prise, or any of its affiliates, remain on that premises for more than thirty consecutive days, or for more than 60 days of any consecutive 90 -day period in any calendar year. R. "Universal Wastes" means Universal Waste Electronic Devices (UWEDs), cathode ray tubes (CRTs) and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other 0 PS -05-06-09 Teniporatq Bin and Boll-Ofr Box Solid Waste Agreement Bothveen the City of Santa Clarity and Blue Barrcl Disposal �) lamp exhibiting a, characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] allcaline batteries, carbon -zinc batteries and any other bat- teries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury- containing switches, and any other Universal Wastes improperly designated by the then - applicable regulations of the Department of Toxic Substances Control, or its successor agency.. Section 5. Compliance with Laws and Regulations Blue Barrel Disposal warrants that it shall comply with all applicable laws, including implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, the Act, the California Electronic Waste Recycling Act of 2003, as amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 963, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2005), laws governing Universal Waste, including Univer- Sal Waste Electronic Devices ("UWEDs"), and other Universal Wastes, including, but not lim- ited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (recharge- able nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury ther-. O mometers, marcury-containing switches, regulations and orders of the California Department of Toxic Substances Control, the California Air Resources Board, the -California Integrated Waste Management Board, or their respective successor agencies, and all other applicable laws of the United States, the State of California, the County of Los Angeles, ordinances of the City, the requirements of Local Enforcement Agencies and all other agencies, with jurisdiction. Section 6. Types and Frequency of Service A. Public Health and Safety - General. In order to protect the public health and safety, arrangements made by Blue Barrel Disposal with its service recipients within the City of Santa Clarita for the collection of Temporary Bin and Roll -Off Solid Waste shall provide for the collection of such waste generated or accumulated in Premises within the City at least once every 30 days. B. Temporary Bin and Roll -Off Solid Waste Services. 1. Blue Barrel Disposal shall collect and remove all Temporary Bin and Roll. Off Solid Waste placed in Solid Waste Bins from all Premises within the City as often as necessary to prevent overflows and spillage from Bins. O 2. Blue Barrel Disposal agrees to provide Bins to service recipients upon com- mencement of service. PS -05-06.09 Temporary Bin and Roll -Off Box Solid waste Agreement Between the City o; Santo Clarita and Blue Barrel Disposal 3. Under no circumstances shall Blue Barrel Disposal be required to pick up the following: a) Solid Waste not placed in a Temporary Bin or Roll -Off box; b) Oil drums, grease drums and similar metal containers and containers with sharp, rough, or jagged edges; c) Large, heavy items not broken down, including without limitation, water heaters, couches, refrigerators, stoves and large pieces of furni- ture; d) Hot ashes; e) Hazardous Waste; f) Any other material or matter which is not Temporary Bin and Roll - Off Solid Waste as defined in this Agreement. C. Recycling Services. 1. Recvclable Solid Waste Collection. Blue Barrel Disposal shall collect, re- move and recycle all Recyclable Solid Waste placed in Temporary Bins and Roll -Off Boxes. Blue Barrel Disposal agrees to process Recyclable Solid Waste through a Materials Recovery Facility or other facility capable of di- verting C&D Materials in order to maximize the diversion of Temporary Bin and Roll -Off Solid Waste from landfilling. "Inert wastes" as defined in Pub- lic Resources Code § 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceram- ics and cured asphalt), shall be removed from the waste stream and not sent to disposal facilities. 1.5. Green Waste Collection. Blue Barrel Disposal shall collect, remove and re- cycle all Green Waste placed in Temporary Bins and Roll -Off Boxes. Blue Barrel Disposal shall use its best efforts to obtain maximum diversion credit, if available, for Green Waste. 2. Purchase of Recyclable Materials. Blue Barrel Disposal may offer services for the purchase of Recyclable Materials from its Temporary Bin and Roll - Off Solid Waste service recipients, but will not have any exclusive rights to SO. 10 PS -05-06.09 Temporwy Bin and Roll -Off Box Solid Woste AgroementBetwoen the City of Santa Clarlta and Blue Barrei Disposul 3. Scavenging - Discouragement. Blue Barrel Disposal will take whatever, if any, legal actions (e,g., actions seeking to enjoin scavengers) which may be appropriate and effective to discourage scavenging of Recyclable Solid Waste from the Temporary Bin and Roll -Off Solid Waste Stream. D. Hours of Collection. Blue Barrel Disposal agrees that, in order to protect the peace and quiet of residents of the City of Santa Clarita, Blue Barrel Disposal's collection of Tempo- rary Bin and Roll -Off Solid Waste which is audible in residential areas shall not be made be- tween the hours of 5 p.m. and 6 a.m. E. Collection on Holidays. Blue Barrel Disposal has informed City that no collections will occur on a day on which a legal holiday is observed by the landfill, transformation, transfer station, materials recovery facility, or Compostable Materials Handling Facility destination of Temporary Bin and Roll -Off Solid Waste to be collected by Blue Barrel Disposal (presently New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day). F. Customer and Public Education Programs. Blue Barrel Disposal will develop and implement a Customer Education Plan for its Temporary Bin and Roll -Off Solid Waste Ocustomers. The Costumer Education Plan shall include information on recycling and the safe disposal of Hazardous Wastes and Universal Wastes. G. Change in Size or Number of Bins. By written or telephonic request Service Re- cipients may request to exchange Roll -Off or Compactor Bins for larger or smaller Bins, and change the frequency of collection. Blue Barrel Disposal shall exchange Bins without charge. Section 7. Collection Equipment A. . General. Blue Barrel Disposal warrants that it shall provide adequate numbers of vehicles and equipment, as described in its proposal, for the collection, transportation, recycling and disposal services for which it is responsible under this Agreement. B. Noise. To protect peace and quiet in Commercial areas, the noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single -event noise level of seventy-five (75) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Blue Barrel Disposal shall submit to City a certificate of vehicle noise level test- ing by an independent testing entity of any collection vehicles used by Blue B arrel Disposal in the. City of,Santa CMta which has been. the subject of more than one noise complaint within Oany twelve-month period 11 PS -05-06-09 Temporary Bun and Roll•Off Box Solid waste Agmnnem Between the City of Santa Clarlto and Blue Bnrrel nisposnl C. Compliance. Blue Barrel Disposal warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and sanitary opera- tion of all its equipment. D. Private Streets, Alleys and Parking Lots. Blue Barrel Disposal agrees to use its best efforts to prevent damage to private streets, alleys and parking lots over which its collec- tion equipment may be operated, and to obtain all required approvals for operation of its collec- tion vehicles on private streets, alleys and parking lots. E. Graffiti. Blue Barrel Disposal agrees to maintain all its equipment, including Bins and Roll -Off Boxes, used in the City free of graffiti or "tagging" and to remove or paint over tagging or graffiti from any of its Bins or other collection equipment within 24 hours (Sundays and Holidays excepted) of notification by the City or a service recipient. See also § 22.E. F. "Hazardous Waste Disposal Prohibited" Markings. Blue Barrel Disposal agrees to post each Bin and Roll -Off Box placed in the City with conspicuous signs waming that the disposal of Hazardous Waste in Bins is prohibited. See also § 22.E. G. Bin Markings. Each Bin placed in the City by Blue Barrel Disposal will be marked with Blue Barrel Disposal's name, telephone number and a unique Bin number, by bar code or other means. For each Bin placed in the City by Blue Barrel Disposal, Blue Barrel Disposal shall provide the Bin number to the service recipient and to the City. The City's copy of the list of Bin numbers shall include the name and address of the service recipient authorized to use each Bin. See also § 22.E. j H. Bins: Lids, Replacement; Removal. Blue Barrel Disposal shall ensure that all its Temporary Bins in the City of Santa Clarita are equipped with operable lids, and, upon cus- tomer request, locks or hasps permitting the use of locks. Upon the request of the service re- cipient or City, Blue Barrel Disposal shall replace or repair damaged, broken or unsightly Bins. Blue Barrel Disposal shall remove Temporary Bins and Roll -Off Boxes from premises at which service has been discontinued within five collection days after receipt of notification that ser- vice has been discontinued. Section 8. Privacy A. General. Blue Barrel Disposal shall observe and protect the rights of privacy of ser- vice recipients. Information identifying individual service recipients, or the composition or con- tents of a service recipient's Temporary Bin and Roll -Off Solid Waste shall not be revealed to any person, govemmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the service recipient. This provision shall not 12 PS•05-06-09 Temporary Bin and Roll -Off Box Solid Waste Agreofnent Behveen the city of Santa 0arita and Blue Barrel Disposal be construed to preclude Blue Barrel Disposal from preparing, participating in, or assisting in the preparation of waste, characterization studies or waste stream analyses which may be re- quired by the Act, or preparing and distributing public awareness materials to service recipi- ents. B. Mailing Lists. Blue Barrel Disposal shall not market or distribute mailing lists with the names and addresses of service recipients. C. Privacy Rights Cumulative. The rights accorded service recipients pursuant to this Section, shall be in addition to any other privacy tights accorded service recipients pursuant to federal or state law. Section 9. Service Exceptions; Hazardous and Universal Waste Notifications A. Failure or Refusal to Collect When Temporary Bin and Roll -Off Solid Waste is not collected from any Temporary Bin or Roll -Off Solid Waste Service Recipient, Blue Barrel Disposal shall notify that Service Recipient in writing, at the time collection is not made, by use of a tag or otherwise, why -the collection was not made. OB. Hazardous and Universal Waste Inspection, Diversion and Reporting. Blue Barrel Disposal reserves the right and has the duty under law, to inspect Temporary Bin and Roll -Off Solid Waste put out for collection and to reject Temporary Bin and Roll -Off Solid . Waste observed to be contaminated with Hazardous Waste. Should Blue Barrel Disposal find or observe reportable quantities of Hazardous Waste put out for collection with Temporary Bin and Roll -Off Solid Waste, Blue Barrel Disposal shall notify all agencies with jurisdiction, in- cluding the California Department 'of Toxic Substances Control and Local Emergency Re- sponse Providers and, if appropriate, the National Response Center, of reportable quantities of Hazardous Waste, found or observed in Temporary Bin or Roll -Off Solid Waste observed or collected anywhere within the City. Blue Barrel Disposal shall handle Universal Waste Elec- tronic Devices CUWEDs) and cathode ray tubes -(CRTs) and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, bat- teries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries • [burglar alarm and emergency light batteries] alkaline batteries, car- bon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches, and any other Universal Wastes improperly disposed of into the Residential Solid Waste stream in a manner consistent with the then -applicable regulations of the Department of Toxic Substances Control, or its successor O agency. In addition to other required notifications, if Blue Barrel Disposal observes any sub= stances which it or its employees reasonably believe or suspect to contain Hazardous Wastes 13 PS -05-06-09 Temporary Bin and Roll -Off Box Solid waste Agreement Between the City of Santa Clarlta and Blue Bagel Disposal unlawfully disposed of or released on City property, including storm drains, streets or other public rights of way, Blue Barrel Disposal shall notify the City Manager, or the City Manager's designee immediately. C. Hazardous and Universal Waste Diversion Records. Blue Barrel Disposal shall maintain records showing the types and quantities, if any, of Hazardous and Universal Wastes found in Temporary Bin or Roll -Off Solid Waste and which was collected from service recipi- ents within the City, but diverted from landfilling, and the diversion addresses. Section 10. Customer Service A. Office Hours. Blue Barrel Disposal has represented to City that Blue Barrel Dis- posal's arrangements for the collection of Temporary Bin and Roll -Off Solid Waste from prem- ises in the City of Santa Clarita will include Blue Barrel Disposal's agreement to maintain an office accessible by telephone. The City understands, but does not require, that Blue Barrel Disposal's office hours are from 7 am. to 5:30 p.m. daily, except Saturdays, Sundays and holi- days. Blue Barrel Disposal shall have the capability of responding to Service Recipients in English, Spanish, Telecommunications Device for the Deaf Service and other languages rea- sonably necessary for communication with service recipients. B. Service Complaints; Missed Collections. City and Blue Barrel Disposal agree that the protection of public health, safety and well-being require that service complaints be acted on promptly and that a record be maintained in order to permit City and Blue Barrel Disposal to identify potential public health and safety problems. Accordingly, Blue Barrel Disposal shall inform all Temporary Bin and Roll -Off Solid Waste Service recipients that all service recipi- ents' complaints shall be directed to Blue Barrel Disposal. Blue Barrel Disposal shall record all complaints, including date, time, complainant's name and address (if the complainant is willing to give this information) and the nature and date and manner of resolution of complaint, in a computerized daily Service Complaint Log. Any such call's received via Blue Barrel Disposal's answering service shall be recorded in the log and responded to not later than the next collec- tion day on that route. The Service Complaint Log shall be available for review by City repre- sentatives during Blue Barrel Disposal's office hours and be available for transmission to City as an -attachment to e-mail. Blue Barrel Disposal shall provide a copy of this Service Complaint Log to the City with the Quarterly Reports. In the case of a complaint of a missed collection, Blue Barrel Disposal shall make the collection on the day of the Gall if the call is received before one p.m. and on the next collection .day if the complaint is received after one p.m. 14 PS -05-06-09 n Temporary Bin and Roll -Off Box Solld waste Agreement Between the Clty of Santa Clnritn and Blue Barrel Disposal Section 11. Ownership of Solid Waste i Ownership and the right to possession of Temporary Bin and Roll -Off Solid Waste placed for collection shall transfer directly from the service recipient to Blue Barrel Disposal, by operation of law and not by virtue of this Agreement. At no time does the City obtain any right of ownership or possession of Temporary Bin and Roll -Off Solid Waste or any Hazardous Waste illicitly placed for collection in a Bin, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such fights. I i Section 12. Marketing and Diversion of Recyclable Solid Wastes Blue Barrel Disposal agrees to market all Recyclable Solid Wastes collected from Commercial recycling programs developed pursuant to this Agreement at their reasonable fair market value, if a fair market value has been established in the marketplace at the time of mar- keting. Blue Barrel Disposal agrees to divert all Temporary Bin and Roll -Off Solid Waste from disposal in landfills or transformation facilities, to the extent feasible, and to obtain maximum diversion credit. I Section 13. Billing OA. Billing and Payment. Blue Barrel Disposal shall bill all service recipients. Bills to Temporary Bin and Roll -Off Solid Waste service recipients shall be itemized, showing charges for each classification of service, but shall not designate that portion of the bill attributable to the Franchise Fee as a separate item. Blue Barrel Disposal agrees to include all applicable fees imposed by action of the City Council, including, but not limited to fees for compliance with the Act in its bills submitted to service recipients, Billing may be monthly, bimonthly or quar- terly, in advance, as Blue Barrel Disposal and service recipients may agree. B. Delinquent Accounts. Blue Barrel Disposal may discontinue service as set forth in this section. Service recipients who have not remitted required payments within 30 days after the date of billing shall be notified in writing (or by electronic mail if the service recipient agrees) by Blue Barrel Disposal. The notification shall contain a statement that services may be discontinued and Bins removed 15 days from the date of notice if payment is not made before that time, Upon receipt of the delinquent payment, Blue Barrel Disposal shall resume collection on the next regularly scheduled collection day. C. Refunds. Blue Barrel Disposal shall refund to each service recipient, on a pro rata basis, any advance service payments made by such service recipient for service not yet pro- vided when service is discontinued by the service recipient • 15 PS -05.06-09 Temporary Bin and Roll -Off Box Solid Wrote Agrecateut Bewaen the City or Santa Clarlta and Blue Barrel Disposal D. Franchise Fee. Each month during which Blue Barrel Disposal provides collection services pursuant to this Agreement, Blue Barrel Disposal shall pay to City a Franchise Fee. The Franchise Fee shall be five percent of Gross Revenues, collected during each month of the term of this Agreement during which collection services were provided. This Franchise Fee shall be paid by noon on or before the 15th calendar day after the end of each calendar month during which collection services were provided pursuant to this Agreement. Accompanying each monthly payment shall be an accounting of the Gross Revenues for the corresponding month. Failure of Blue Barrel Disposal to make any payment within the appropriate time period shall result in interest accruing thereon at the maximum rate permitted under California law, in addition to all other remedies of City pursuant to this Agreement. Section 14. Blue Barrel Disposal's Books and Records; Audits A. In addition to the requirements of Sections 9.C, above, and 163 and 1711, below, Blue Barrel Disposal shall maintain all records relating to the services provided hereunder, in- cluding, but not limited to, all costs included in the Collection and Disposal Components, cus- tomer lists, billing records, maps, records substantiating the information furnished by Blue Bar- rel Disposal to City pursuant to Section 16 of this Agreement and service recipient complaints for the period during which collection services are to be provided pursuant to 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 five (5) business days advance notice, to inspect, copy and audit all records relating to this Agreement, including, but not limited to, service recipient lista, billing records, maps, and customer complaints. Such records shall be made available to City at Blue Barrel Disposal's regular place of business, or other place agreed to by City and Blue Bar- rel Disposal, within the County of Los Angeles. ` B. Should any examination or audit of Blue Barrel Disposal's records reveal an under- payment of any fee required to be paid to City under this Agreement, the amount of such un- derpayment, plus interest at the maximum rate permitted under California law, shall become due and payable to City not later than thirty days after written notice of such underpayment is provided to Blue Barrel Disposal by City. Should an underpayment of more than one percent (1%) be discovered, Blue Barrel Disposal shall bear the entire cost of the examination or audit. Section 15. Integrated Waste Management Act; Reporting Requirements A. Blue Barrel Disposal -City Cooperation. Blue Barrel Disposal shall cooperate with City in Temporary Bin and Roll -Off Solid Waste Disposal Characterization Studies and waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in its proposal. (See also Sections 17.E, 20.E.7 and 22.C, below.) During the period during which collection services are to be provided pursuant to this Agreement, Blue Barrel Disposal, at no expense to City, shall submit to City all relevant information and reports required to meet the 16 PS -05-06-09 Temporary Bin aad Roll -Orf Box Solid Waste 4Tecm0nt Betnveen tl,e City or Santa Clarita and Blue Barra: Disposal reporting obligations imposed by the CIWMB under the Act, as amended. Blue Barrel Disposal agrees to submit such reports and information by email or on computer discs, in a format ac- ceptable to City at no additional charge, if requested by City. B. Change in AB 939. This Agreement is part of City's efforts to comply with the provisions of the Act as it may be amended and as implemented by the regulations of the Cali- fornia Integrated Waste Management Board, or its successor agency, as they may be amended, and the City's Source Reduction and Recycling Component, as it may be amended. In the event that the Act or other state or federal laws or regulations enacted or amended after this Agree- ment has been executed, prevent or preclude compliance with one or more provisions of this Agreement, or significantly increase or decrease Blue Barrel Disposal costs, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Section 16. Activities and Financial Reports; Adverse Information Quarterly Reports. Blue Barrel Disposal, at no additional expense, shall submit to the City such information or reports in such forms and at such tunes as the City reasonably may request or require,including, but not limited to the following, submitted not less often than as Oindicated: 1. Quarterly Reports. Quarterly Reports shall be submitted to City, transmitted in a format acceptable to City, as an attachment to e-mail or by disc, at City's option. Quarterly Reports shall include the following: a) Solid Waste Tonnage and Complaints. (1) The quarterly report shall show the number of tons collected each month and the tonnage delivered to disposal facilities, itemized by disposal facility. A copy of the customer com- plaint log shall be submitted with the quarterly report not later than fifteen days after the close of the calendar quarter. b) Recyclable Solid Waste: (1) A statement showing, by type of material,. tons received dur- ing the month and tons marketed during each month. (2) A report providing recycling information and the number of service recipients participating. 4 � 17 PS -05.06-09 Temporary Din and Roll -Off Box Solid Waste Agreemea: Betwem.. au City of Santo Clarita and Blue Barrel Disposal (3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging. This is to include a description of tons rejected for sale after proc- essing (type of material, tonnage), reason for rejection and Blue Barrel Disposal's disposal method for the rejected mate- rials. (4) A report of recycling program promotional activities, includ- ing materials distributed by Blue Barrel Disposal to its ser- vice recipients. c) Inert Wastes Diversion Reports. A report of "inert wastes" (rock, concrete, brick, sand, soil, ceram- ics and cured asphalt) removed from the waste stream and not dis- posed of in a solid waste landfill, but instead, placed on property where surface mining operations are being or have been conducted, and which may be deducted from the amount of solid waste re- quired to be reported by the City to the CIWMB. See Public Re- sources Code § 41821.3.(b). d) Hazardous and Universal Waste Diversion Reports: A copy or summary of the records required by Section 9.C, above. e) Certification: Blue Barrel Disposal will provide a certification statement, under penalty of perjury, by the responsible corporate offi- cial, that the report is nue and correct. B. Annual Report. By January 31st, beginning in 2007 and each year thereafter that collection services are provided pursuant to this Agreement, Blue Barrel Disposal shall submit to City a written year-end Annual Report in a form approved by the City. The Annual Report shall include the following information for the year ending on the preceding December 31st: 1. General Information. General information about Blue Barrel Disposal, in- cluding a list of Blue Barrel Disposal's officers and members of its board of directors. A copy of Blue Barrel Disposal's most recent annuall and other pe - 18 Igo# I . e Tonporary Bin and Roll -Off Box Solid Waste Agracmant Between the CitY of S aln Duke and Bine Barrel Disposal riodic public financial reports and those of each of its subsidiaries and affili- ated corporations and other entities if any, performing services under this Agreement, as the City, following consultation with Blue Barrel Disposal, may request. 2. Prior Year's Activities. A cumulative summary of the Quarterly Reports and information and statistics with respect to City's compliance with AB 939, 3. Recommendations. Changes in integrated waste management, including pro- jections and proposed implementation dates and costs, recommended by Blue Barrel Disposal and recommended amendments to the City's Source Reduction and Recycling Component or this Agreement, based on develop- ments in applicable law or technology. Blue Barrel Disposal's recommenda- tions with respect to compliance with AB 939 shall state the specific re- quirement of AB 939 that the implementation of the recommendation is in- tended to satisfy. C. Reporting Additional Matters. Blue Barrel Disposal shall provide City two copies (one to the City Manager, one to the City Attorney) of all correspondence, reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating spe- cifically to Blue Barrel Disposal's performance of services pursuant to this Agreement, submit- ted by Blue Barrel Disposal to, or received by Blue Barrel Disposal from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, or its successor agency, the California Air Resources Board, the South Coast Air Qual- ity Management District, any California Regional Water Quality Control Board, the California Department of Toxic Substances Control, or its successor, the Fair Political Practices Commis- sion, the cognizant Local Enforcement Agency, or its successor, the Securities and Exchange Commission or any other federal, state or county agency, including any federal or state court Copies shall be submitted to City simultaneously with Blue Barrel Disposal's filing or submis- sion of such matters with said agencies. Blue Barrel Disposal's routine correspondence to said agencies need not.be routinely submitted to City, but shall be made available to City upon writ- ten request. D. Submission of Reports. Reports shall be submitted to: City Manager City of Santa Claita 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 B. Failure to Report. The refusal or failure of Blue Barrel Disposal to file any rer quiied reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Blue Barrel Disposal in such report shall be deemed a material breach of the Agreement and shall subject Blue Barrel Disposal to all rime - 19 PS -05-06-09 Tonmoran, No and Roll -Off Box Solid Waste Agreement Between. the City of Santa Clarity and Blue Barrel Disposal dies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of this Agreement before declaring any material breach. F. Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Blue Barrel Disposal. G. City's Right to Request Information. The City believes and Blue Barrel Disposal agrees that cooperation between City and Blue Bane] Disposal is critical to the success of this program. City reserves the tight to request, and Blue Barrel Disposal agrees to provide, addi- tional information reasonably and directly pertaining to this Agreement on an "as -needed" ba- sis. A. CERCLA Defense Records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where solid waste attributed to sources within the City was taken, as well as where it was not taken, to be matters of concern. Blue Barrel Disposal shall maintain data retention and preservation systems, which can establish where solid waste collected in the City pursuant to this Agreement was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the reports required by Section 9.C, above, for fifty years after the term during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. Section 17. Indemnification and Insurance A. Indemnification. Blue Barrel Disposal, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judi- cial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "solid waste" or "Recyclable Material" or the limits of City's authority with re- spect to the grant of Licenses, or agreements, exclusive or otherwise, asserting rights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust laws, and continuation tights, with respect to the provision of Solid Waste services in the City pursuant to this Agreement This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. City and Blue Barrel Disposal agree to confer following any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and Blue Barrel Disposal agree to appeal, or to oppose any appeal, City and Blue Barrel Disposal agree to share equally the costs of appeals. Should either City or Blue Barrel Disposal decide to appeal, or to oppose an appeal, and the other decide not to ap- 20 PS -05-06-09 Temporery BSn mid Roa.Off Bes Salid WEM AM'ement Betvveea the evty of Santa Clarity and Blue Barrel Disposal peal, or to oppose an appeal, the party which decides to appeal, or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. B. Environmental Indemnification and Compliance. Blue Barrel Disposal shall in- demnify, defend, protect and hold harmless City, its elected officials, officers, employees, vol- unteers, 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), natu- ral 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 attor- mys' 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 elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and imple- mentation of any removal, remedial, response, closure or other plan (regardless of whether un- dertaken due to governmental action) concerning any Hazardous Waste in any Solid Waste col- lected by Blue Basel Disposal pursuant to this Agreement, which is or has been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Blue Barrel Disposal, wits activities pursuant to this Agreement result in a release of a Hazardous OWaste into the environment. .Blue Barrel Disposal further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors io City's interest from and against all losses, liabilities, claims, actual damages (in- eluding but not limited to special and consequential damages), demands, debts, liens, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and ex- penses (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 elected officials, officers, employees, volunteers or.agents arising from or attributable. to any failure by Blue Barrel Disposal to fully comply with all applicable laws and regulations with respect to the op- eration of its collection vehicles, including, but not limited to applicable rules governing clean - burning and alternative fuel vehicles. I C. Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Com- pensation 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 fiom all forms of /—, liability under CERCLA, RCRA, other statutes or common law for any andall matters ad- v dressed in Section 17.B. This provision shall survive the expiration of the period during which collection services are to be provided under this Temporary Bin and Roll -Off Agreement. 21 PS -05-06.09 Temporary Bin awl Roll -Off Box Solid Waste Agreement Behreea the City of S=U Ciarita.and Blue Bum] Disposal D. Compliance with Laws. Blue Barrel Disposal warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CEP CLA; AB 939, the California Electronic Waste Recycling Act of 2003, as amended (SB20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Stat- utes of 2004) and all other applicable laws and regulations of the U.S. Environmental Protec- tion Agency, the State of California, the County of Los Angeles, the California Air Resources Board, the South Coast Air Quality Management District, the California Integrated Waste Management Boatel, the California Department of Toxic Substances Control, ordinances of the City and the requirements of Local Enforcement Agencies and all other- agencies with jurisdic- tion. E. Diversion Performance Levels; Indemnification. Blue Barrel Disposal agrees to meet the diversion levels set forth in its proposal for the waste stream covered by this Agree- ment. Blue Barrel Disposal agrees that failure to achieve that diversion level or other applicable diversion requirements of the California Integrated Waste Management Board, ("CIWIvIB"), or its successor agency, shall be a material breach of this Agreement. In the event of a determina- tion by the CIWMB or City that City has failed or will fail to meets its diversion goal perform- ance level, Blue Barrel Disposal shall have an opportunity to cure the material breach. See also §§ 15.A, above, and 20.E.7 and 22.C, below. F. Workers' Compensation Insurance, Blue Barrel Disposal shall obtain and mzin- tain in full force and effect throughout the entire term of this Agreement full workers' compen- sation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty '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. G. Liability and Vehicle Insurance. Blue Barrel Disposal shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehen- sive General Liability (occurrence) policy (form CG 0001) and a Insurance Services Office form number CA 0001 (Ed, 1/87) covering Automobile Liability, Code 1 (any auto) policy with minimum limits of TWO MILLION DOLLARS ($2,000,000.00) aggregate and ONE MIL- LION DOLLARS ($1,000,000.00) per occurrence, per year. Said insurance shall protect Blue Barrel Disposal and City from any claims for damages for bodily injury, including accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance coverage 22 PS -05-06-09 Temporary Din and Roa•OB'Das Solid Waste Agreement Behveen the City or Santa Clarita azul Bluc Barrel Disposal shall be filed with the City Cleric 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, its employees, agents, franchisees and officers, are hereby added as insureds as respects to liability arising out of activities performed by or on behalf of Blue Barrel Disposal "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may pos- sess including any self-insured retention the City may have and any other insur- ance the City does possess shall be considered excess insurance and shall not Con- tribute with it." "This policy shall act for each insured, as though a separate policy had been writ- ten for each. This, however, will not act to increase the limit of liability of the in- suring company." "Thirty days' prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in cover- age or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Manager, City Attorney and City Clerk." The insurance required by this Agreement shall be with insurers which are Best A: VII -rated and which are California -admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City's Risk Manager every year and may be increased at that time and 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. The insurance required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions in'Section ITA, 17.B and 17.C, above. H.. Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Blue Barrel Disposal shall file copies of the policies or executed endorsements evidencing the above required insurance coverage with the City Clerk. In addition, City shall have the right of in of all insurance policies required by this Agreement. Blue Barrel Disposal also 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 term during which collection services were provided pur- suant to this Agreement. Blue Barrel Disposal shall notify City's Risk Manager and City Attor- 1 0 ney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection services are to be provided under. this Agreement. 23 PS -05-06-09 Tonporary Bin and Roll -Off Box Solid W este Agremieut Betiveea the City or santa Clarity and Blue Barrel Disposal I. Self -Insurance. To the extent provided by law, all or any part of any required insur- ance may be provided under a plan of self-insurance approved by the State of Califomia. J. Reduction of CERCLA and Other Liability. City and Blue Barrel Disposal agree to meet annually in the fourth calendar quarter of each year to discuss ways to reduce potenti a] CERCLA and other liabilities to third parties. Section 18. Cash Bonds. Concurrent with the execution of this Agreement, Blue Barrel Disposal shall deposit with City a cash deposit or an irrevocable letter of credit or other such document (the "Cash Bond"), from an institution satisfactory to City, in a form satisfactory to City's Risk Manager and City Attorney, evidencing an irrevocable commitment to City, in the amount of TWENTY THOUSAND DOLLARS ($20,000.00), guaranteeing Blue Barrel Disposal's faithful perform- ance of the terms of this Agreement. Such Cash Bond shall be maintained in effect throughout the period dining which collection services are to be provided pursuant to this Agreement. A. Upon Blue Barrel Disposal's failure to pay the City an amount owing under this Agreement, the Cash Bond may be assessed by the City, for purposes including, but not limited to: 1. Failure of Blue Barrel Disposal to pay the City sums due under the terms of the Agreement; 2. Reimbursement of costs home by the City to correct Agreement violations not corrected by Blue Barrel Disposal, after due notice; 3. Monetary remedies or damages assessed against Blue Barrel Disposal due to breach of this Agreement; or 4. To satisfy an order of the referee B. Blue Barrel Disposal shall deposit a sum of money or a replacement instrument suf- ficient to restore the Cash Bond to the original amount within thirty days after notice from the City that any amount has been withdrawn from the Cash Bond. C. All of City's costs of collection and enforcement of the provisions relating to the Cash Bond called for by this Section, including City's attorneys' fees and costs, shall be paid by Blue Barrel Disposal 24 PS -05-06-09 Temporary Bin and ROB -nn Box Solid Waste Agroonmout Between the City ofsanto Ciarita and Blue Barrel Disposal Section 19. Emergency Service A. Should Blue Barrel Disposal, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 24.A, "Force Majeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Temporary Bin and/or Roll -Off Solid Waste, or both, which it is obligated under this Agreement to collect, and as a result, Temporary Bin and Roll -Off Solid Waste should ac- cumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the exercise of the City Manager's sole discretion, should find that such accumulation en- dangers or menaces the public health, safety or welfare, then City shall have the right to con- tract with another solid waste enterprise to collect and transport any or all Temporary Bin and Roll -Off Solid Waste which Blue Barrel Disposal is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Blue Barrel Disposal during the period of such emergency, before contracting with another solid waste en- terprise'to collect and transport any or all Temporary Bin and Roll -Off Solid Waste which Blue Barrel Disposal would otherwise collect and transport pursuant to this Agreement, for the dura- tion of period during which Blue Barrel Disposal is unable to provide such services. In such event Blue Barrel Disposal shall identify sources from which such substitute solid waste ser- vices.are immediately available, and shall reimburse City for all of its expenseslfor such substi- tute services during period in which Blue Barrel Disposal is unable to provide collection and transportation services squired by this Agreement. See also § 24.A, below. B. Blue B atrel Disposal shall assist City in the event of terrorist attack or major disas- ter, such as an earthquake, stoma, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at Blue Barrel Disposal's actual costs. Disputes with re- spe.ct to Blue Barrel Disposal's emergency services or the costs of those services shall be re- solved according to the dispute resolution provisions of Sections 20 and 21 of this Agreement. Blue Barrel Disposal shall cooperate with City, county, state and federal officials in filing in- formation related to a regional, state or federally -declared state of emergency or disaster or ter- rorist attack as to which Blue Barrel Disposal has provided equipment and drivers pursuant to this Temporary Bin and Roll -Off Agreement. Section 20. Administrative, Remedies; Imposition of Damages; Termination A. Notice; Response; Resolution; Appeal. 1. Notice of Deficiencies; Response. If City's Environmental Services Division Manager, or the Manager's designee (collectively, the "Manager") deter- mines that Blue Barrel Disposal's performance pursuant to this Agreement U may not be in conformity with the provisions of this Agreement, the Califor- nia Integrated Waste Management Act (including, but not limited to, re- t 25 PS -05-06-09 . Temporary Bin and Roll -Off Box Solid Waste Al;raementBetween the City of Santa Morita and Blue Barrel Disposal quirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or lo- cal law or regulation, including but not limited to, the laws governing trans- fer, storage or disposal of solid and Hazardous Waste, the Manager may ad- vise Blue Barrel Disposal in writing of such suspected deficiencies, specify- ing the deficiency in reasonable detail. The Manager, in any written Notifi- cation of Deficiencies, shall set a reasonable time within which Blue Barrel Disposal is to respond. Unless the circumstances necessitate correction and response within a shorter period of time, Blue Barrel Disposal shall correct any deficiencies it agrees have occurred and in any event shall respond to the written Notification of Deficiencies within thirty days from the receipt by Blue Barrel Disposal of such written notice. Blue Barrel Disposal may re- quest additional time to correct deficiencies. City shall approve reasonable requests for additional time. 26 PS -05-06-09 Temporary Bin and Roll•01T Box Solid Waste Ay"'eement BnhVMI the City or santa Clarlo and Blue Barrel Disposal 2. Review by Manager' Notice of Appeal. i a) The Manager shall review any written response from Blue Barrel Disposal and decide the matter. If the Manager's decision is adverse to Blue Barrel Disposal, the Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other rem- edy in accordance with this Agreement and, in the event the Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The Manager shall promptly inform Blue Barrel Disposal of the Manager's deci- sion. In the elent the decision is adverse to Blue Barrel Disposal, the Manager shall inform Blue Barrel Disposal, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the Manager's decision and any remedial action taken or ordered. An adverse decision by the Man- ager shall be final and conclusive unless Blue Barrel Disposal files a "Notice of Appeal" with the City Clerk (with copies to the City Man- ager and City Attorney) within 30 days of receipt of the notification of the adverse decision by the Manager. Ob) In any "Notice of Appeal" Blue Barrel Disposal shall state its factual contentions and include all relevant affidavits, documents, photo- graphs and videotapes which Blue Barrel Disposal desires to have considered by City. In addition, Blue Barrel Disposal shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. 3. Review by City Maria=; Appeal a) Within thirty days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's deci- sion is adverse to Blue Barrel Disposal, the City Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a.material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accor- dance with Section 203 and 20.C, below, or refer the matter directly Oto a referee for proceedings in accordance with Section 21, below. The City Manager shall promptly inform Blue B arrel Disposal of the 27 PS -05-06.09 Temporary Bit and Roll -Off Box Solid waste Agreement Betwet n the City of Scam Clarity anti Bloc Barrel Disposal City Manager's decision. In the. event the City Manager's decision is adverse to Blue Barrel Disposal, the City Manager shall inform Blue Barrel Disposal, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. b) An adverse decision by the City Manager shall be final and conclu- sive unless Blue Barrel Disposal files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis, the evidence relied on and all legal contentions which Blue Barrel Disposal may choose to submit. No new evidence not previously submitted in accordance with Sec- tion 20.A.1.b) may be submitted. B. City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Blue Barrel Disposal, the City Council will set the matter for an administrative hearing and act on the matter, or refer the matter to a referee as provided in Section 21, below. If the City Council elects to hear the matter, the City Clerk shall give Blue Barrel Disposal fourteen (14) days writ- ten notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider, the administrative record, consisting of the following: 1. A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options; 2. The Manager's written Notification of Deficiencies; 3. Blue Barrel Disposal's response to the Notification of Deficiencies; 4. The Manager'swritten notification to Blue Barrel Disposal of adverse deci- sion; 5. Blue Barrel Disposal's Notice of Appeal to the City Manager; 6. The City Manager's written notification to Blue Barrel Disposal of adverse decision; and 7. Blue Barrel Disposal's Notioe of Appeal to the City Council. 26 PS -05.06-09 Trsnporory Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Carlin and Blue Barrel Disposal . (7) No new legal issues maybe raised, nor may new evidence be submitted by Blue Barrel Dis- posal at this or at any further point in the proceedings, absent a showing of good cause. Blue Barrel Disposal's representatives and other interested persons shall have a reasonable opportu- nity to be heard. C. City Council Determination, Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that Blue Barrel Disposal is in breach of any term of this Agreement or any provision of any applicable federal, state or lo- cal statute or regulation, the City Council, in the exercise of its discretion, may order Blue Bar- rel. Disposal to take remedial actions to cure the breach or impose any other remedy in accor- dance with this Agreement. The City Council may not terminate the Agreement unless it de- termines that Blue Barrel Disposal is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Blue Barrel Disposal's performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Blue Barrel Disposal's performance is in material breach of this Agreement, or the time set by City for Blue Basel Disposal to discontinue a por- tion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Blue Basel Disposal files a "Notice of Appeal to Referee" with the City Clerk (and serves copies, by mail, on the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the excep- tion of draws on the Cash Bond, the execution of City's remedies shall be stayed until Blue Barrel Disposal has exhausted its appeals under Sections 20 and 21 of this Agreement. D. Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Blue Basel Disposal may appeal any decision, order or action by the City Council or City Manager under this Section 20, as provided in Section 21, below, by filing a Notice of Appeal to Referee with the City Clerk within ten business days of receipt of the decision by the City Manager or City Council and following the' procedures set forth in Section 21, below. A decision of the City Manager to refer a matter directly to a referee without first referring it to the City Council, may not be appealed, E. Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 1. If Blue Barrel Disposal practices, or attempts to practice, any fraud or deceit Oupon the City, or practiced any fraud or deceit or made any intentional mis- 29 PS -05-06-09 Toniporary But mid Roll•OfrBox Solid WuteAgeeaunt Between the City of Santa Clarita and Blue Barrel Disposal representations in its proposal or the negotiations which preceded the execu- tion of this Agreement; 2, If Blue Barrel Disposal becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Blue Barrel Disposal in a bankruptcy proceeding; 3. If Blue Barrel Disposal fails to provide or maintain in full force, effect and amount, the workers compensation, liability and indemnification coverage and Cash Bonds required by this Agreement; 4. If Blue Barrel Disposal violates any orders or rulings of any regulatory body having jurisdiction over Blue Barrel Disposal relative to this Agreement, in any material manner, provided that Blue Barrel Disposal may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Blue Barrel Disposal is entered; 5. If Blue Barrel Disposal ceases to provide collection service as required un- der this Agreement over a substantial portion (more than 10% of any route) of the Commercial area of the City of Santa Clanta for a period of two (2) calendar days or more, for any reason within the control of Blue Bane] Dis- posal; 6. If Blue Barrel Disposal fails to make any payments required under this Agreement or refuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement; 7. If Blue Barrel Disposal fails to achieve the diversion goals set forth in Blue Barrel Disposal's proposal. In the event that the California Integrated Waste Management Board, or its successor agency, or City determines that Blue Barrel Disposal has failed to meet the diversion goals set forth in its pro- posal, Blue Barrel Disposal shall have an opportunity to cure this material breach, within time allotted by the CMW S, its successor agency, or City, as appropriate. See also Sections 15.A and 17.E, above, and Section 22.C, be- low. 8 Any other act or omission by Blue Barrel Disposal which materially violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written Notification of 30 PS -05-06-09 TeloporaryBic and Roll-Otr Box solid Waste Agreement Betireen the city of saute clarita and B]ueBamJ Disposal Deficiencies or if Blue Barrel Disposal cannot reasonably correct or remedy the breach within the time set forth in such notice, if Blue Barrel Disposal should fail to commence to correct or remedy such. alleged deficiencies within the time set forth in such notice and diligently effect such correction or remedy thereafter. F. Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Blue Barrel Disposal to perform its obligations under this Agreement. Section 21. Referral to Referee; Hearing Procedures Either party to this Agreement at any time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 20, if applicable, may refer a disputed matter for resolution under this Section 21 in the following manner. A. Applicability. If either the City Manager or the City Council refers a matter to a referee, or Blue Barrel Disposal appeals or refers a matter to a referee, the provisions of this Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement. OB. Reference of Dispute. Any dispute seeking d=ages and any dispute seeking equi- table relief, such as but not limited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638- 645.1. The venue of any proceeding hereunder shall be in Los Angeles County, California 1, Procedure for AMointment. The party seeking to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall ap- ply to the Judicial Arbitration and Mediation Service ("JAMS' of Los An- geles County to nominate a minimum of five prospective referees. if the Par - des are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with Blue Barrel Disposal, shall alternate in striking one prospective referee at a time until only one referee remains. 2. Ex Parte Communications Prohibited. Neither party may communicate separately with the referee after the referee has been selected. All subsequent O communications between a party and a referee shall be delivered simultane- ously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance, or to confidential me- • 31 PS -05-06-09 Temporary Bin and Roll-CftBn Solid waste Agreement Botwerst the City or Santa Clarity and Blue Barrel Disposal diation or settlement briefs when submission of such is agreed to by the par- ties and the referee. 3. Cooperation. The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other parry, after first giving notice of its intent to rely on the provisions of this Section 21, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs ex- penses or attomeys fees and costs as a result of the other party's violation of Code of Civil Procedure § 128.5, the referee may award such additional ex- penses and attorneys' fee to the party giving such notice, even if such party is not the prevailing party in the dispute. 4. Discovery. The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Blue Barrel Dis- posal agree otherwise, or unless the referee shall determine otherwise. Any patty to the hearing may issue a request to compel reasonable document pro- duction from the other party, subject to the limitations of Section 20, limiting evidence to the administrative record. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of a document request, then by disposition by order of the referee. Any document request shall be subject to the proprietary rights and rights of privilege of the parties, and the referee shall adopt procedures to protect such rights. Except as may be agreed by the parties, or ordered by the referee, no other form of discovery shall be available to the parties. 5. Standards for Decision. The provisions of California Code of Civil Proce- dure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute reso- lution by a referee hereunder. In an effort to clarify and amplify the provi- sions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and Califor- nia Rules of Court, Rule 232. The referee shall try and decide the dispute ac- cording to all of the substantive and procedural law of the state of California, unless the parties stipulate to the contrary. 6. Evidence and Findines. The referee shall consider the administrative record, including the Notice of Deficiencies, Blue Barrel Disposal's response to the 32 PS -05-06-09 Temporary Din and noD•OU Bax Solid Waste Agreement Behveen the city of Santa Clarita and Blue Barret Disposal (� Notice of Deficiencies, the decision of the Manager, the Notice of Appeal, the decision of the City Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition to other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for comment. When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision. Remedial Authority. A referee to whom a matter is referred shall have the authority to (i) order either party to undertake remedial action to cure fne breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent with the terms of this Agreement or (iii) find there has been no breach. 8. Stay Pending Entry of Final Judment. Except as provided in Section 20.0 with respect to draws on a Cash Bond, until. final judgment is entered from the referee proceeding under the foregoing provisions and the time for ap- peal or other post judgment petition has expired, the imposition or enforce- ment of any penalties or sanctions provided in this Agreement and related to O the subject matter of the hearing shall be stayed. The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party sub - jectthere-to acted with substantial justification, or if the interests of justice so require. 9. Allocation of Referee's Costs. The referee's costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be borne equally by the parties to the dispute initially, but the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as ap- portioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the time(s) required, the other party may do so, in which event that party will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee shall include such costs in the judgment or award. C. Decision. The decision of the referee may be- excepted to in accordance with Code of Civil Procedure § 645. Section 22. City's Additional Remedies. OIn addition to the City's other remedies, City shall have the following rights: 33 PS -05-06-09' Temporary Ban and Roll -Off Box Soad Waste Agreemcnl Betiveen the MY of Santa Clarity mid Blue Barrel Disposal A. I Contracts with Others. The right to contract with others to perform the services otherwise to be performed by Blue Barrel Disposal, in the event Blue Barrel Disposal should be in material breach of its duties to provide those services, or is otherwise unable to provide the services addressed by this Agreement. R. Damages and/or Injunctive Relief. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Blue Barrel Disposal, City may suffer irreparable injury and 'incalculable dam- ages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach. See also § 22.13, below. C. City's Damages for Failure to Achieve Diversion Goals. Blue Barrel Disposal agrees that its failure to achieve the diversion goals set forth in its proposal for the waste stream collected under this Agreement, arising from failure to matte reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of §§ 15.A and 17.13, above, related to waste diversion, shall be a material breach of this Agreement. See also § 20.13.7, above. If the California Integrated Waste Management Board, or its successor agency, were to impose administrative civil penalties against City, then the City's damages for Blue Barrel Disposal's material breach in its failure to achieve the di- version goals for the City as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the administrative civil penalties against City. D. Rights of City in Event of Certain Misconduct. Notwithstanding any other provi- sion in this Agreement to the contrary, the City shall have the right to terminate this Agreement if any official of Blue Barrel Disposal, or any associated firm or entity, including but not lim- ited to, any parent or subsidiary company involved with the performance or administration of the Agreement is convicted of, or pleads guilty, no contest or nolo contendere to a felony relat- ing to this Agreement or any other agreement for the provision of solid waste services in an- other City. E. Liquidated Damages. The parties agree that the failure of Blue Borrel Disposal to comply with the requirements of Sections 7.13, F and G, regarding, respectively, Graffiti, "Haz- ardous Waste Prohibited" Markings and Bin Markings, have the potential to cause great dam- age to the City, which damages would be difficult to calculate. For that reason, the Parties agree that if, following 24 hours notice identifying the Bin or Bins by address or Bin number (required by Section 7.G, above), Blue Barrel Disposal, is in violation of any requirement of Section 7 E, F or G, above, Blue Barrel Disposal will pay to city $500.00 per Bin, for each day or any part of a day, (excluding Sundays and holidays), in which a Bin was out of compliance with any requirement of Section 7 E, F or G. 34 PS -05-06-09 Temporary Bin and Roll -Off Box Solid Waste Aerem=t Betrveen tite City of Santa Clarity and Blue Barrel Disposal Section 23. Franchise Transfer; City Consent; Fees A. Blue Bauel Disposal may not convey, assign, sublet, license, hypothecate, encum- ber of otherwise transfer or dispose of (collectively 'Transfer"), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily or in- voluntarily, without the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of. Blue Band Disposal, except as provided in Sub -Section 23.C, below, any sale or other transfer or change in ownership or control of any of the capital stock or other capital or equity interests, or any sale or transfer of fifty percent (50°lo) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties under it. Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, may be voided, B. The City has no obligation to give its consent to a Transfer of the Franchise granted by this Agreement. The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demonstrate that it, and its officers and O managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring accep- tance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City's satisfaction that it has the operational and financial ability to perform the terms of this Agreement. C. Blue Barrel Disposal's internal reorganization shall not constitute a Transfer pro- vided that City consent to the reorganization is sought and received prior to any internal reor- ganization. An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of Blue Barrel Disposal, or by operation of law. Any re- quest for an internal reorganization must be submitted in writing to the City Manager, no.less than one hundred and twenty days prior to the proposed effective date of the internal reorgani- zation. Blue Barrel Disposal shall reimburse City for all of its costs to review the request and to determine if it is an internal reorganization. City's expenses may include, but are not limited to, Staff, City Attorney's and Special Counsel's fees and costs and Accountants' fees and costs. Detemrinadoh by the City Manager shall be final and conclusive, Any attempt to implement an internal reorganization without the consent of City shall constitute a material breach of this .Agreement. D. Fees. Any application for a Franchise Transfer shall be, made in a manner prescribed by the City Manager. The application shall include a deposit of $50,000 to cover the estimated cost of all direct and indirect expenses,'including.City staff, consultants'. and attorneys' fees, 35 PS -05-06-09 Temporan, Biu and Roll -Off Box Solid Waste Agreement Between the MY Of Santa Marlin and Blue Barrel Disposal incurred by City to adequately analyze the application and the qualifications of the prospective, transferee. Any costs incurred by the City in excess of $50,000 shall be reimbursed by the Blue Barrel Disposal prior to submission of the proposed Transfer to the City Council. In the event that the City's costs are less than $50,000, City shall refund the remaining deposit to Blue Bar- rel Disposal If Transfer is approved, upon approxal, the transferee shall pay to City a Transfer fee in the amount of $50,000 or five percent (5%) of Gross Revenues for the first twelve months, whichever is greater. Section 24, General Provisions A. Force Majeure. Blue Barrel Disposal shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services of Blue Barrel Disposal are interrupted temporarily or permanently for any of the following reasons: riots; war or na- tional emergency declared by the President or Congress and affecting the City of Santa Clarita; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the rea- sonable control of Blue Barrel Disposal "Other catastrophic events" does not include the finan- cial inability of Blue Barrel Disposal to perform or failure of Blue Barrel Disposal to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exercise of reasonable diligence by Blue Barrel Disposal In the event a labor disturbance interrupts collection and transportation of Temporary Bin and Roll -Off Solid Waste and/or disposal of Temporary Bin and Roll -Off Solid Waste by Blue Barrel Disposal as required under this Agreement, City may elect to exercise its rights under Section 19 of this Agreement. Failure by City to exercise its rights under this Sec- tion 24.A shall not be deemed a waiver of its rights under Section 20.E.5, above. B. Independent Status. Blue Barrel Disposal is an independent entity and not an offi- cer, agent, servant or employee of City. Blue Barrel Disposal is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Noth- ing in this Agreement shall be construed as creating a partnership or joint venture between City and Blue Barrel Disposal nor an arrangement for the disposal of Hazardous Wastes. Neither Blue Barrel Disposal nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Normal wear and tear on City streets resulting from general vehicular traffic excepted, Blue Barrel Disposal shall be responsible for damage to- City's driv- ing surfaces, whether or not paved, resulting from the operation of Blue Barrel Disposal vehi- cles providing Temporary Bin and Roll -Off Solid Waste Services within the City. Blue Barrel Disposal understands that the exercise of this Franchise may involve operation of its collection vehicles over private roads and streets. Disputes between Blue Barrel Disposal and its service recipients as to damage to private pavement are civil matters and complaints of damage will be 36 PS -05-06-09 �l Temporary Bin mid Roll -Oft Box solid waste Agreemmit Behyeen the City of Santa Clarita and Blue Barrel Disposal (� referred to Blue Barrel Disposal as matters within its sole responsibility and as a matter within the scope of Section 17.A, 173, and 17.C, above. D. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Blue Barrel Disposal to City or private property shall be repaired or replaced by Blue Barrel Disposal, at Blue Barrel Disposal's sole expense. Except as provided in Section 17, above, this Agreement does not purport to relieve, diminish, reduce, create or in- crease in any way, Blue Barrel Disposal's civil liability to any third parties. E. Law to Govern; Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. In the event of litigation in a U.S. District Court exclusive venue shall. lie in the Central District of California. F. Fees and Gratuities. BIue Barrel Disposal shall not permit any officer, agent or empioyee to request, solicit, demand or accept, either directly or indirectly, any gratuity for the collection of Temporary Bin and Roll -Off Solid Waste otherwise required to be collected under this Agreement. OG. Amendments. Except as otherwise provided in this Agreement, no other amend- ment of this Agreement shall be valid unless in writing duly executed by the parties. Purported oral amendments shall be void and of no force or effect. H. 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, and by email, addressed as follows: To City: City Manager City of Santa Clarita 23920 Valencia Blvd, Suite 300 Santa Clarita, California 91355 Copy to: BenjaminLucha Environmental Projects Development Coordinator City of Santa Clarita 23920 Valencia Blvd., Ste. 300 Santa Clarita, California 91355 And to: City Attoi-ney City of Santa Clarity Oc/o Burke; Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 37 PS -05-06.09 Temporary Bin mid Roll -Off Box Solid Waste Agreement Between the City of Santa Martin and Blue Barrel Disposal Los Angeles, California 90071-2953 With copies by email to BLUCHA@santa-clarita.com and cnewton@bwslaw.com To Blue Barrel Disposal 25772 Springbrook Road Saugus, CA 91350 and by email to cfall @wm.com. 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 email or telecopier or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. I. Savings Clause and Entirety. If any non -material provision of this Agreement for any reason shall 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. J. Incorporation by Reference. Exhibit A, the City's Source Reduction and Recy- cling Component, and Blue Barrel Disposal's Service Proposal, dated October 7, 2005, and all supplements to that proposal are incorporated into this Agreement by this reference. L Joint Drafting. This Agreement shall be construed as having been drafted jointly by the parties to this Agreement. L. Transition to Next Solid Waste Enterprise. If in the final 12 months of the period during which Blue Barrel Disposal is to provide collection services under this Agreement, Blue Barrel Disposal and City have not entered into a succeeding agreement, Blue Barrel Disposal shall cooperate fully with City and all prospective subsequent Solid waste enterprise(s), fran- chisee(s), licensee(s), permittees) or other Person seeking to provide services similar to the Services so as to assure an efficient, orderly, timely and effective transition. In that regard, Blue Barrel Disposal agrees to make available to City and to prospective proposers in any competi- tive process used by the City to select a successor, route maps, customer lists, and all other re- cords requested by City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation 38 PS -05-06-09 Lel Tetuparary Bin and Roll•Ofl'Box Solid Waste AgredmenL BeLrveen She City of Santa Clnrita and Blue Barrel Disposal Sharon Dawson City Clerk APPROVED AS TO FORM: ( 10 Carl K. Newton City Attorney By: Blue Barrel Disposal 0 Boatel or any And by: �E"J� [The Secretary, any assistan secretary, CFO or any assistant treasurer] State of California, County of Los Angeles, ss. On this +4� day of Jam_ _ , in the year 200.L before me A, Aywh Q� Oo-a. PAL -c, personally appeared �� U�P� and "Il "Ih�' }Jw2tn personally known to me (or proved to me on . the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and acknowledged that—Zrthe},') executed it pursuant to a resolution of the Board of Directors of Blue Barrel Disposal C :�S���� �14u ' p, ANN JQPIES 'I commlHslon#134f232 t' 4`I� Ho�pt,Pu611a-California elea county My Cort' rpltes Fab' . 39 PS -05-06-09 Temporary Bin nod Roll•Ofl'Box Solid Waste Agrerauent Between the Ciq• oY Santn Clarify and Blue Barrel Dispnsnl Exhibit A Guaranty This GUARANTY (the "Guaranty") is made as of A ti 2001, by USA Waste of Cali- fornia, Inc., a Delaware corporation, ("Guarantor"), the address of which is 25772 Springbrook Road, Saugus, CA 91350, in favor of the City of Santa Clarita, a California municipal corpora- tion (the "City"). 1. Recitals. This Guaranty is made with respect to the following facts and circumstances: (a) The City and Blue Barrel Disposal have entered into a Temporary Bin and Roll - Off Box Solid Waste Agreement, dated for reference purposes 07--� g2- , 200.$.6 (b) The City would not enter into the Agreement with Blue Barrel Disposal unless the Guarantor agreed to guarantee the obligations of Blue Barrel Disposal under the Agreement as provided in this Guaranty, and the Guarantor, as a material inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver this Guaranty and to agree to and be bound. by its terms. O. 2. Guaranty. 2.1. Guaranty of Oblizations. The Guarantor unconditionally, absolutely. and irrevocably guarantees to the City to cause the full, prompt and complete payment and performance when due of all indebtedness and obligations of Blue Barrel Disposal to the City under the Agreement, including, without limitation, all obligations of indemnity on the part of Blue Barrel Disposal under the Agreement. 2.2. Guaranty of Payment. The liability .of the Guarantor on this Guaranty is a guaranty of payment and performance and not of collectibility, and is not conditional or contingent on the genuineness, validity, regularity or enforceability of the Agreement or the pursuit by the City of any remedies that it now has or may hereafter have with respect to the. Agreement. 2.3. Continuinz Guaranty. This Guaranty ' is a continuing guaranty of the indebtedness and obligations of Blue Barrel Disposal under the Agreement, including any and Al PS -05-06-09 80 S4a26-1050.7776 v1 Temporary Din and Roll -Off Dos solid Waste Agroement Beto en ale Citi' or Santa Clarita and nlue Barrel Disposal O all such indebtedness and obligations which are renewed, extended, compromised, or restructured from time to time. 2.4. Independent Obligations. The Guarantor agrees that it is directly and primarily liable to the City, that the Guarantor's obligations hereunder are independent of the indebtedness and the obligations of Blue Barrel Disposal under the Agreement, and that a separate action or actions may be. brought and prosecuted against the Guarantor, whether or not action is brought against Blue Barrel Disposal or whether or not Blue Barrel Disposal is joined in any such action or actions. 3. . Consents by Guarantor. 3.1. Consents. The Guarantor hereby authorizes the City, without notice or demand and without affecting the Guarantor's liability hereunder, from time to time to: 3.1.1. Chanties in Terms, Renew, compromise, extend, accept partial payments, accelerate or restructure the indebtedness and obligations of Blue Barrel Disposal under the Agreement or otherwise change the time for payment or the terms of any such indebtedness or obligations, or any part thereof. O3.1.2. Amendment of Agreement. Waive, amend, rescind, modify or otherwise change any of the terms or provisions of the Agreement. 3.1.3. Liquidation of Guaranteed Obligations. Settle, release, compromise, . collect or otherwise liquidate'any of the indebtedness or obligations of Blue Barrel Disposal under the Agreement, or any part thereof, and any security or collateral therefore in any manner as the City may determine in its sole and absolute discretion. 3.1.4. Collateral. Take and hold collateral to secure the payment and performance of the indebtedness and obligations of Blue Barrel Disposal under the Agreement and exchange, enforce, waive and release any such collateral, and apply such collateral and direct the order or manner of sale thereof as the City in its sole and absolute discretion may determine. 3.15. Releases, Release or substitute any one or more endorsers or other guarantors. A-2 So #4828-1050.7776 v1 PS -05-06-09 Temporary BID and-Ofl'Box Solid Waste Agreement BCtlVWn the City orta Clarlta and Blue Barrel Disposal 3.2. Non -Release of Guarantor. The Guarantor agrees that the City may do any or all of (� the matters specified in Section 3.1 in such manner, upon such terms, and at such times, as the City, in its sole and absolute discretion, deems advisable, without, in any way or respect, impairing, affecting, reducing or releasing the Guarantor from its undertaldngs hereunder and the Guarantor hereby consents to each and all of the matters specified in Section 3.1. 4. Waivers. 4.1. Defenses. The Guarantor hereby waives any right to assert against the City as a defense, counterclaim, setoff or cross-claim, any defense (Iegal or equitable), counterclaim, setoff or cross-claim ,which the Guarantor may now or at any time hereafter have under applicable law, rule, arrangement or relationship against Blue Barrel Disposal 4.2, Presentment. Demand and Notice. The Guarantor waives all presentments, demands for performance, notices of nonperformance, protests, notices of protests, notices of dishonor, notices of default, notice of acceptance of this Guaranty, diligence and notices of the existence, creation or incurrence of the indebtedness and obligations of Blue Barrel Disposal under the Agreement or of new or additional indebtedness or obligations of Blue Barrel Disposal incurred or created after the date of this Guaranty, and all other demands, notices or Oformalities of whatsoever kind to which the Guarantor may be entitled under applicable law. 4.3, Remedies Against Blue Barrel Disposal As a condition to payment or performance by the Guarantor under this Guaranty, the City shall not be required to, and the Guarantor hereby waives any and all rights to require the City to, prosecute or seek to enforce any remedies against Blue Barrel Disposal or any other party liable to the City on account of the indebtedness and obligations of Blue Barrel Disposal under the Agreement or to require the City to seek to enforce or resort to any remedies with respect to any security interests, liens or encumbrances granted to the City by Blue Barrel Disposal or any other party on account of the indebtedness and obligations of Blue Barrel Disposal under the Agreement, 4.4. Subrogation Rights. Until all the terms, covenants and conditions of the Agreement on Blue Barrel Disposal's part to be performed and observed are fully performed and observed, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity or contribution against Blue Barrel Disposal by reason'of any payments or acts of performance by the Guarantor in compliance with the obligations of the Guarantor under this Guaranty; rroy vided that notwithstanding the foregoing, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity, contribution or any other rights that would result in the Guarantor being deemed a creditor of Blue Barrel Disposal under the Federal Banla'uptcy A-3 5D 84828-1050.7776 A PS -05-06-09 J (7) Temporary Din and Roll -Orf B% Solid Waste Agreement rietwean the City of Santa Clnrtta and Blau Barret nlsposal Code, and the Guarantor irrevocably waives all such rights and the right to assert any such Jrights. 5. Waiver of Suretvship Defenses; Antideficiency Legislation, The Guarantor agrees that nothing .contained in this Guaranty shall prevent the City from suing on the. Agreement or from exercising any other rights available to it under the Agreement, and that the exercise of any of these rights shall not constitute a legal or equitable discharge of the Guarantor. The Guarantor understands that the exercise by the City of certain rights and remedies contained in the Agreement may affect or eliminate the Guarantor's right of subrogation against Blue Barrel Disposal and that the Guarantor may therefore succeed to a partially or totally non -reimbursable liability hereunder. Nevertheless, the Guarantor hereby authorizes and empowers the City to exercise, in its sole and absolute discretion, any rights and remedies, or any combination of rights and remedies, that may then be available, since it is the intent and purpose of the Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Without limiting the generality of the foregoing, the Guarantor expressly waives any and all benefits under California Civil Code §§ 2809, 2810, 2819, 2845, 2849, 2850 and 2855, and California Code of Civil Procedure §§ 580a, 580b, 580d and 726. J6. Banlatrutcv, 6.1. Liability of Guarantor Unaffected. The liability of the Guarantor under this Guaranty shall in no way be affected by: the release or discharge of Blue Barrel Disposal in any creditor proceeding, receivership, banhuptcy or other proceeding, the impairment, limitation or modification of the liability of Blue Barrel Disposal or the estate of Blue Barrel Disposal, or any remedy for the enforcement of Blue Bawl Disposal's liability, resulting from the operation of any present or future provision of the Federal Banlauptcy Code or any bankruptcy, insolvency, debtor relief statute (state or federal), or any other statute, or from the decision of any cotilt, the rejection or disaffirmance of the indebtedness or obligations of Blue Barrel Disposal under the Agreement, or any portion thereof, in any such proceeding; or the cessation, from any cause whatsoever, whether consensual or by operation of law, of the liability of Blue Barrel Disposal to the City. 7. ' Termination of Guaranty. The Guarantor's obligations under this Guaranty shall continue in full force and effect and this Guaranty shall not terminate until the indebtedness and obligations of Blue Barrel Disposal under the Agreement are fully paid, performed and discharged and the City gives the Guarantor written notice of that fact. The indebtedness and obligations of Blue Barrel Disposal under the Agreement shall not be considered fully paid, performed and discharged unless and until all payments by Blue Bagel Disposal to the City are O A-4 PS -05-06-09 So 04628-1050.7776 v1 Temporary Bin and Roll.Ofl'Bax Solid Waste Abruetnent Between tlm Clty or Santa Clnrita and Blue Barrel Disposal no longer subject to any right on the part of any person, including, without limitation, Blue Barrel Disposal, Blue Barrel Disposal as debtor-in-possession, or any trustee or receiver in bankruptcy, to set aside such payments or seek to recoup the amount of such payments, or any part thereof. The foregoing shall include, without limitation, all rights to recover preferences voidable under the federal Bankruptcy Code. In the event that any such payments by Blue Barrel Disposal to the City are set aside after the making thereof, in whole or in part, or settled without litigation, to the extent of any such settlement, all of which is within the City's sole and absolute discretion, the Guarantor shall be liable for the full amount the City is required to repay plus costs, interest, attorneys' fees and any and all expenses which the City paid or incurred in connection therewith. The Guarantor shall continue to be liable under the terms of this Guaranty notwithstanding the transfer by Blue Barrel Disposal of all or any portion of the property encumbered by the Agreement. 8. Other Provisions. 8.1. Expenses. The Guarantor agrees to pay all attorneys' fees and all other costs and expenses which may be incurred by the City in the enforcement or collection of this Guaranty and the indebtedness and obligations of Blue Barrel Disposal under the Agreement, whether or not suit is filed. O8.2. Interest. All amounts required to be paid to the City by the Guarantor pursuant to the provisions of this Guaranty (including, without limitation, pursuant to Section 2 and 8.1 hereof) shall bear interest from the date upon which such amounts are due to the date of payment thereof at the highest rate permitted by law. All payments of such amounts by the Guarantor shall include any such accrued interest. 8.3. Governing Law. The validity, construction and performance of this Guarantee shall be governed 6y the laws, without regard to the laws as to choice or conflict of laws, of the State of California. 8.4. Entire Agreement. This Guaranty embodies the entire agreement and understanding between the City and the Guarantor pertaining to the subject matter of this Guaranty, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of such parties, pertaining to that subject matter. 8.5. Assignn nt Binding Effect. Neither this Guaranty nor any rights or obligations under this Guaranty may be assigned by the Guarantor without the prior written consent of the City. Subject to the foregoing, the provisions of this Guaranty shall bind and inure to the A-5 SD 04628.1050.7776 v1 PS -05-06-09 Temporary Biu and M I.Off Box Solid Waste Agreement Between the. Cityof Seats ClarRa and Blue Barrel Disposal ^ benefit of the City and the Guarantor and their respective heirs, executors, personal (✓l representatives, successors and assigns. 8.6. Not M, Whenever the City or the Guarantor desire of are required to give any notice, demand or request with respect to this Guaranty, each such communication shall be in writing and shall be given by personal service or mailed by Certified Mail, postage prepaid, return receipt requested, addressed to Guarantor as set forth in the first paragraph of this Guaranty and to City at City's City Hall. Such communications sent shall be effectively given when they are received by the addressee thereof, but if sent by Certified Mail, they shall be effectively given three (3) days after being deposited in the United States Mail. The City and the Guarantor may change their respective address for such communications by giving notice to the other in conformity with this Section. 8.7. Amendment and V4iver. This Guaranty may not be amended, modified or supplemented except by a writing duly executed by the Guarantor and a duly authorized officer of the City. No provision of this Guaranty or right of the City .under this Guaranty can be waived except by a writing duly executed by a duly authorized officer of the City. No waiver by the City of a breach of any provision of this Guaranty shall be construed as a waivei of any subsequent or different breach, and no forbearance by the City to seek a remedy for noncompliance or breach by the Guarantor shall be construed as a waiver of any right or Oremedy with respect to such noncompliance or breach. 8.8. Time. Time is of the essence with respect to each provision of this Guaranty. 8.9. Severability. The invalidity or unenforceability of any particular provision of this Guaranty shall not affect the other provisions, and this Guaranty shall be construed in all respects as if any invalid or unenforceable provision were omitted. 8.10. Further Action. The Guarantor agrees -to perform any further acts. and to execute and deliver any other documents which may be necessary in the opinion of the City to effect the provisions of this Guaranty. 8.11. Headings. The section and other headings contained in this Guaranty are for reference purposes only and shall not affect in any way the meaning or interpretation of this Guaranty, IN WITNESS WHEREOF, the Guarantor, intending to be bound, has executed this Guaranty as of the year and date first above written. A-6 SD #4628-1050-7776 vi PS -05-06-09 TempornryBin and Roli.off Box Solid Wast, Agreement Betsy= do, City or Santa Clarita and Blue Barrel Disposal ^ GUARANTOR: USA Waste of California, Inc. dba Blue Barrel Disposal By: [CEO, sident, C 'rm of the Board or any Vice sident] And by: �"Gv [The Secretary, any assistant s c, etary, CFO or any assistant treasurer] State of CAL• vin u- County of r�5 �Iti e�e5, ss. Onthis 2�' day of in the year, 200, before me Dc.6vt Sowed n1DivY4& �� per appeared �I�til /1/�and `pi0.nk [Uc.1%personally lmown to me (or proved on the basis of to me satisfactory evidence) to be the persons whose names are subscribed to this instrument and aclmowledged that they) executed it pursuant to a resolution of the Board of Directors of USA Waste of California, Inc. dba Blue Barrel Disposal, a Delaware corporation. SIGNED _ ! -� O A V, bl ts5 tJo-Fa.�vti,� Pwbl�c, M 60 #4626-1066-7776 v1 FIM a* A. .4WId .lCafBES �� CommiaslantR53&5232 � 's � ,� ,:. 9Jotarf }'�uhllc � Califamta g los Angoleu County ; E xiErX' r-. n...,.., F.nimt.Fmb 16.ZCtS PS -05-06-09